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HomeMy WebLinkAboutMay 27, 2008 RegularCITY OF COLUMBIA HEIGHTS 590 40'h Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 F"rsit orrr website at: rvrvruci.colrorrbia-heielrts.rnn.rrs Mut+or Cia7'V L. Petei•SOir COirnL'IinlentberS Robert A. bl'i((iana Bizice Nuwroah-i Tammera Diehnr Bruce Keizenberg City Muna~er 61'alter R. FeOrst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Tuesday, May 27, 2008 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 City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor 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 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 of the May 12, 2008 Columbia Hei htg s City Council meeting. p5 MOTION: Move to approve the minutes of the May 12, 2008 City Council meeting. B. Accept minutes of the Columbia He~~hts Boards and Commissions pal MOTION: Accept the minutes of the May 15, 2008 Telecommunications Commission. C. Establish a ioint Citv CounciUPlannini? and Zoning Commission Work Session meeting for a Comprehensive Plan update on June 16, 2008. pa4 MOTION: Move to establish a joint City CounciUPlanning and Zoning Commission Work Session meeting for a Comprehensive Plan update on Monday, June 16, 2008 beginning at 7:00 p.m. in Conference Room 1. D. Adopt Ordinance 1545, being and Ordinance pertaining to salaries of elected officials. pas MOTION: Move to waive the reading of Ordinance No. 1545, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1545, pertaining to salaries of elected officials. City Council Agenda Tuesday, May 27, 2008 Page 2 of 4 E. Adopt Resolution 2.0.08-115, Amending Resolution 2007-214 Reaardin~ Fund Reclassification Number P27 MOTION: Move to waive the reading of Resolution 2008-115, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-115, being a Resolution amending Resolution 2007- 214 regarding fiznd reclassification number. F. Authorization to seek bids for the 2008 Sanitary Sewer Pike Lining Project. Pao MOTION: Move to authorize staff to seek bids for the 2008 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. G. Amendment to the existing land lease with InvestCast located at 716 39th Avenue NE P32 MOTION: Move to approve the amendments to the land lease between the City of Columbia Heights and InvestCast located at 716 39th Avenue NE. H. Adopt Resolution No. 2008-129, being a Resolution ordering and lev~g_one alley lid P39 MOTION: Move to waive the reading of Resolution No. 2008-129, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-129, being a Resolution ordering and levying one alley light located between 3850 and 3854 Tyler Street NE, known as PIR 677-39. Accept bids and award 2008 Site Landscape contract. P44 MOTION: Move to accept bids and award the 2008 Site Landscaping, including two municipal liquor stores and the Huset Parkway Roundabout to , of Minnesota in the amount of $ ,based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. (Bids will be opened on Friday, 5-23 and the recommendation will be presented at the meeting) J. Approve Permits for the 2008 Jamboree. P4s MOTION: P~Zove to authorize staff to close Jefferson Street for the time period fiiorT'i P~loiiday afternoon, June 23, 2008 through Sunday, June 30, 2008. MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 27, 2008 at 6:00 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. MOTION: Move to authorize Fireworks at dusk on Saturday, June 28, 2008. K. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. P46 MOTION: Move to approve the items listed for rental housing license applications for May 27, 2008 L. Approval of the re-issuance of the license to operate a rental unit(s) within the City of Columbia Heights at 1000 Peters Place N.E. P48 MOTION: Move to issue arental-housing license to Michelle Parson to operate the rental City Council Agenda Tuesday, May 27, 2008 Page 3 of 4 property located at 1000 Peters Place N.E. in that the provisions of the residential maintenance code and now in compliance. M. improve Business License Applications p49 MOTION: Move to approve the items as listed on the business license agenda for May 27, 2008 as presented. N. Approve payment of the bills. ps i MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 125858 through Check Number 126021 in the amount of $710,856.38. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business 7. PUBLIC HEARINGS p59 A. Adopt Resolutions 2008-116, 1401-1403 Circle Terrace Bivd. N.E., 2008-117, 4100 Reservoir Blvd. N.E., 2008-118, 4450 Van Buren St. N.E., 2008-119, 4656 Polk St. N.E., being, resolutions declarin hg 'steel properties a nuisance and approving the abatement of violations within the City of Columbia Heigh, ts. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-116, 117, 118, and 119 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-116, 117, 118, and 119 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. p68 B. Adopt Resolutions 2008-120, 679 40th Ave. N.E., 2008-121, 1308-1310 Circle Terrace Blvd. 1~1.E., 2008-122, 567 37th A.ve. N.E., 2008-123, 4321 5th St. N.E., 2008-124, 1214-1216 Cheery Lane N.E., 2008-125, 3727 Reservoir Blvd. N.E., 2008-126, 4442-4444 Tiler St. N.E., 2008- 127, 1019 37th Ave. N.E., 2008-128, 3810-3812 3rd St. N.E., being; Resolutions approvin rental license revocation for failure to meet the requirements of the Pronertv Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-120, 121, 122, 123, 124, 125, 126, 127, 128 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-120, 121, 122, 123, 124, 125, 126, 127, 1.28 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. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. City Council Agenda Tuesday, May 27, 2008 Page 4 of 4 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 CO R 11. ADJOUR]~11VIENT ..~ f' r ,._~; ,. Walter R Fehst, ity Manager WF/pvm 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 12, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 12, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Councilmember Williams gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed tabled Resolution 2008-93, license revocation of 660-662 47th Avenue, in that the property has been brought into compliance. Mayor Peterson also removed Resolutions 2008- 100, 101, 102, 105, 106, 107, and 108 for rental license revocation, in that the properties have been brought into compliance. Nawrocki requested an update of work session items: 47th and Central, 37th and Central, Civil Service Commission, and water quality. Peterson indicated that the City Manager could include these in his report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENT AND GUESTS A. Anoka County Historical Society Sesquicentennial Report -Paul Pierce III and Catherine Vesley Catherine Vesley, Anoka County Historical Society, thanked the community for its support. A summary DVD will be made available at the library. Vesley presented the city with a picture of the 1941 Royalty, two information booklets, and coffee mugs for the City Council and City Manager: Paul Pierce III, Anoka County Historical Society, stated that their organization assisted the State of Minnesota in planning their sesquicentennial celebration. Vesley thanked Bob Guzy and the firm of Barna, Guzy and Steffen for their support. The County Sesquicentennial celebration was a very successful event. Peterson read the 1941 Royalty names. Vesley requested Councilmember Nawrocki do a living history tape for the Anoka County Historical Society. B. Mayor Peterson read the National Public Works Week Proclamation Kevin Hansen, Public Works Director, stated the importance of the work done by his department and staff. He thanked the Public Works crew. He also thanked the City Council and the citizenry for the work they are allowed to do here. Nawrocki indicated that Memorial Day services, sponsored by Columbia Heights VFW Post #230, will be held on Monday, May 26, 2008 at 11:30 a.m. at the City Hall memorial. Peterson stated the community's sadness at the loss of Jerry Foss, Park & Recreation Commissioner, Booster, and veteran. He was always a gentleman. We express our sympathy to the family. City Council Minutes Monday, May 12, 2008 Page 2 of 16 CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda. A. Approve minutes of the April 28, 2008 Columbia Hei htg s City Council meeting, Motion to approve the minutes of the Apri128, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Board and Commissions. Motion to accept the minutes of the April 1, 2008 Library Board meeting. Motion to accept the minutes of the May 6, 2008 Planning and Zoning Commission meeting. Motion to accept the minutes of the March 26, 2008 Park and Recreation Commission meeting. C. Approve change of Monday, May 26, 2008 City Council meeting date to Tuesday, May 27, 2008 in observance of the Memorial Day holiday Nawrocki questioned the EDA meeting scheduled for that date. Fehst stated that would be rescheduled to the next day. Motion to waive the reading of Resolution No. 2008-99, there being ample copies available to the public. Motion to adopt Resolution 2008-99, being a Resolution rescheduling the Monday, May 26, 2008 regular City Council meeting to Tuesday, May 27, 2007 beginning at 7:00 p.m. in the City Council Chambers. RESOLUTION NO.2008-99 BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MAY 26, 2008 WHEREAS: The City of Columbia Heights offices are closed on Monday, May 26, 2008 in observance of Memorial Day; and WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday, May 27, 2008 beginning at 7:00 p.m. in the City Council Chambers; NOW, THEREFORE, BE I T RESOLVED, that all interested parties be advised of this change. D. First reading of Ordinance 1545 pertaining to salaries of elected officials. -Removed. E. Approve Transfer of Funds from General Fund to Police Department 2008 Budget Overtime Line #1020. Motion to transfer $3,910.42 collected from the State of Minnesota for our efforts in the Anoka County DWI Task Force program from the General Fund to the Police Department 2008 Budget line #1020, Overtime. F. Approval of the attached list 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 May 12, 2008. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 12, 2008 as presented. H. Approve Rayment 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 125694 through Check Number 125857 in the amount of $657,821.33. 6 City Council Minutes Monday, May 12, 2008 Page 3 of 16 Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items, with the exception of item D. Upon vote: All ayes. Motion carried. D. First reading of Ordinance 1545 pertaining to salaries of elected officials. Following the question by Nawrocki, Fehst read proposed Ordinance 1545. Nawrocki stated his concern that the ordinance does not include insurance benefits received. With that amount, it places the mayor's salary in the top four of the metro area. Fehst stated the salary history when Nawrocki was mayor. Nawrocki responded concluding the history. Fehst stated that some council members take these benefits and some do not. These benefits have been available to council members for at least 25 years. There are about a dozen other cities that offer this benefit to council members. Diehm stated her support of the ordinance, as it has been 15 years since the last increase. Our community is unique, as our Mayor is ire charge of the police department by vote of our citizens. The Mayor has just overseen the hiring of a new police chief. Fehst stated this would place the Mayor's salary at the same amount it was in 1984. Motion by Diehm, second by Williams, to set the second reading of Ordinance 1545, pertaining to salaries of elected officials for Tuesday, May 27, 2008, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, abstain. 3 ayes, 1 nay, 1 abstention. Motion carried. Williams stated he encouraged this increase two years ago, as the Mayor receives small compensation for all of his time served. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions i. Adopt Resolution No. 2008-i 13, being a Resolution a~~rovin~ a Conditional Use ~~~r~~t_fur_ an addition to Columbia Heights High School. Jeff Sargent, City Planner, stated that DeVetter Design Group has requested a variance for the addition at the High School. The exterior work will include landscaping for a community courtyard and would meet storm water requirements. This request was heard and approved by the Planning Commission on a 4 ayes -1 nay vote, as was the Conditional Use Permit. The applicant is present to answer questions. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-113, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg to adopt Resolution No. 2008-113, approving a Conditional Use Permit for an addition to Columbia Heights High School, located at 1400 49th Avenue, subject to the conditions outlined in Resolution No. 2008-113. Upon vote: All ayes. Motion carried. Paul DeVetter, DeVetter Design Group, stated he would cover where the process is and Terry Hart from Krause Anderson would cover the budget items. DeVetter stated that the basic plan has not changed. He showed a plan of the building, pictures of the exterior where the amount of glazing windows has been reduced, and pictures of the interior design. City Council Minutes Monday, May 12, 2008 Page 4 of 16 Terry Hart, Krause Anderson Construction, indicated they are nearing completion of the design documents. A final estimate of the construction documents will be complete some time next week. Prior to that, the construction casts, fees, and services were at $8,075,000. The current estimate is at $8,120,000. We are about $45,000 over the current funding in the preliminary estimate stage. A number of alternates, with add on and deducts, will be included in the bidding documents at a net of about $51,000 to return to the original amount, if necessary. The city portion is about $3,500,000 and $4,075,000 for the school. This includes all permits, fees for design, and all soft cost components. Williams asked the Mayor how many hours he has spend on this project. Fehst stated there have been at least a dozen meetings with school personnel and another dozen meetings with staff. Nawrocki indicated that the City is renegotiating with Comcast. They have suggested removal of their studio. The School, the Library, and the City can all cable cast. Both gyms will have exercise facilities. Nawrocki requested consideration to use the proposed city exercise space for cable service. Peterson stated that the city exercise area would only be 500 square feet and they would need a minimum of 4,000 square feet. If the Public Safety building is built, we could consider space at city hall. Nawrocki indicated that we need new equipment here and at the library, as the current equipment is antiquated. The consultant is estimating $150,000 to $175,000 for equipment, which would probably not be provided by Comcast. It may be time to consolidate equipment. Peterson stated that it would be too late to revise the gym plans, but he is not against looking at other alternatives. DeVetter stated that bids will be sent out May 23, be returned June 16, the bid awarded on June 23, and logging will begin July 7. Peterson sated that the ground breaking ceremony is scheduled for June 26. RESOLUTION NO. 2008-113 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COLUMBIA HEIGHTS HIGH SCHOOL WHEREAS, a proposal (Case #2008-0504) has been submitted by DeVetter Design Group to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS; 1400 - 49`h Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (E)(3)(c), to allow the construction of an addition to the Columbia Heights High. School located at ] 400 - 49`'' Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 6, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council. accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional. uses listed for the zoning district in which. the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with. the general. purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated. and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon. which the use is located are adequately served by essential public facilities and services. City Council. Minutes Monday, May 12, 2008 Page 5 of 16 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with. all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. To the extent possible, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 2. The terms and conditions regarding the public use of the proposed addition shall be documented and recorded in a Joint Powers Agreement by and between the City of Columbia Heights and the Independent School District #13. 2. Adont Ordinance No. 1546, establishing an Emer~enev Moratorium on the issuance of Residential Rental Occunanev Licenses. per City Ordinance Section SA.401, on properties not licensed since January 1, 2006. Scott Clark stated staff's concern to preserve the integrity of our single family neighborhoods. There has been a 25 percent increase in rentals over the last three years. There are single family homes and foreclosed homes being converted to rental. Staff is proposing an emergency moratorium on rental licenses, to be effective immediately. State law requires a moratoriums time be limited, thus the proposed six month time frame. The type of analysis to be reported was described. Anoka County projects an increase in rentals to 39 percent. Nawrocki asked how this would impact the Huset Park development, with the agreement that there would be no more than five percent rental there. Clark stated that the moratorium would prohibit that. Williams stated his support of the moratorium and also encouraged investors to fix up these homes and sell them to single family homeot.~~ners. That is our priori±~y~. Nawrocki stated that investors are purchasing homes for rental property. Motion by Nawrocki, second by Williams, to waive the reading of Ordinance No. 1546, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Emergency Ordinance No. 1546, an Ordinance establishing an Emergency Moratorium on the issuance of Residential Rental Occupancy licenses, per City Ordinance Section SA.401, on properties not licensed since January 1, 2006. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1546 AN ORDINANCE ESTABLISHING AN EMERGENCY MORATORIUM ON THE ISSUANCE OF RESIDENTIAL RENTAL OCCUPANCY LICENSES, PER CITY ORDINANCE SECTION SA.401, ON PROPERTIES NOT LICENSED SINCE JANUARY 1, 2006 Whereas, Mn. State Statute 462.355, Adopt, Amend Comprehensive Plan; Interim Ordinance, Subd. 4 authorizes a City to establish. interim ordinances to regulate, restrict or prohibit any use or development in all or part of the City while the City or its planning department is conducting studies, or has authorized a study to be done, and Whereas, the City of Columbia Heights is desirous of using this legislation to temporarily suspend. the issuance of new occupancy licenses, per City Ordinance SA.401, on properties not previously licensed since January 1, 2006 City, and City Council Minutes Monday, May l2, 2008 Page 6 of 16 Whereas, the City of Columbia Heights has seen a marked increase of 156 additional properties licensed for rental within the past three years; specifically-618 licenses in 2005, 722 licenses in 2006 and 774 licenses in 2007, and Whereas, neighborhoods are experiencing additional marketing difficulties as shown by the City's significant foreclosure properties (estimated to be 277 properties at the time of passage of this Ordinance with an estimated minimum total of 300 properties for years 2007 and 2008), as illustrated on a map dated May 5, 2008 and held at the Community Development Department as reference, and Whereas, the City of Columbia Heights has concerns with increasing rental property demands and the ability of these rentals to potentially have long range effects on selected neighborhoods if not properly controlled. The sharp increase of rental properties may create greater crime and property code compliance issues, decreasing property market values and destabilizing general community health, and Whereas, the City can reasonably expect that the demand for more rental. housing licenses will increase due to the number of city-wide foreclosures, which is estimated to be at a minimum 375 units for the years of 2007 and 2008 collectively, and Whereas, the City needs time to properly plan, analyze and potentially implement new ordinances, programs or strategic policies, and Whereas, the analysis to be undertaken. will. include: I) Development of a community health inventory (which will consist of compiling data of crime, rental rates, reinvestment through. building pem5its, sales, housing values, code enforcement issues, etc.) in order to determine specific neighborhood issues 2) Determination of the impact of the City's recently adopted and modified International Property Maintenance Code 3) Determination of the need for a Residential Inspection before Sale Program 4) Determination. of the effects of the foreclosure market on the City's rental. and single family housing environment 5) Completion of the City's statutorily required Comprehensive Plan, 6) Development of a Master Work Plan to deal with identified issues, and Whereas, the City Council for the City of Columbia Heights has determined that a suspension of new occupancy licenses is critical to preserve and maintain the health of its neighborhoods, Now Therefore Be It Resolved, that the City Council of the City of Columbia Heights ordains: 1) For a period of six months from the date of approval of this Ordinance, no occupancy license, as required by City under city Code SA.401 will be issued for a property that has not previously been licensed by the City since January 1, 2006. 2) This Ordinance shall be effective upon passage. B. Bid Considerations - none C. Dther Business Adopt Resolution 2008-114 Development Agreement and Disbursement Agreement for Sullivan Shores Housing Improvement Area Project. Clark stated that this resolution would cover both the Sullivan Shores Housing development agreement and disbursement agreement. We have reached the 45 day limit for members to veto the action. Bonds will be sold June 23. A letter explaining member rights regarding the special assessment payoff were sent last Friday. Clark described the agreements and the safeguards included to protect the city. Metro Remodeling will work with a third party, as recommended by our EDA attorney, Steve Bubul. Williams requested to know what percentage of development owners are in favor of this project. Clark stated that you can act with 25 percent approval. 91 percent of the residents supported this request. Williams asked if some of the town homes are less in need of repair than others. Clark indicated that is true, but their Board was responsible for the split of project costs. Williams referred to the authority of such an Association. Clark indicated the moisture intrusion study and the disclosure required were someone to sell their home in its present condition. Williams indicated his compassion for those with less damage, but there is not an alternative other than complete depreciation. 10 City Council Minutes Monday, May 12, 2008 Page 7 of 16 Nawrocki questioned if additional funds could be paid on the assessment after the 30 day period. Clark stated no; the residents were made aware of this. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-114, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-114, being a Resolution approving the Development Agreement and Disbursement Agreement between the City of Columbia Heights, Minnesota and Sullivan Shores Townhouse Association, Inc., dated May 12, 2008; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. Peterson thanked the Sullivan Shores residents for taking care of their homes. RESOLUTION NO. 2008-114 RESOLUTION APPROVING DEVELOPMENT AGREEMENT BETWEEN CITY AND SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC. AND DISBURSING AGREEMENT BETWEEN CITY, COMMERCIAL PARTNERS TITLE, LLC AND SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC. BE IT RESOLVED by the City Council ("Council") of the City of Columbia Heights ("City") as follows: Section 1. Recitals. 1.01. The City is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1..02. By Ordinance No. 1539 adopted March 24, 2008 (the "Enabling Ordinance"), the Council established the Sullivan Shores Housing Improvement Area (the "HIA") in order to facilitate certain improvements to property known as the Sullivan. Shores Townhouses, referred to as the "Property." 1.03. By Resolution No. 2008-62 adopted March 24, 2008 (the "Fee Resolution") the City Council imposed a housing improvement fee on Housing Units (as hereinafter defined) in the HIA in order to finance certain. housing improvements in that area. 1.04. The Act authorizes the City to issue bonds in the amotmt necessary to defray the expense to be incurred in making the housing improvements, which. bonds are payable primarily from proceeds of the fee imposed under the Fee Resolution and may be further secured by the pledge of the City's full faith, credit and taxing power. 1.05. The Council has reviewed that certain Development Agreement (the "Development Agreement`') between the City and Sullivan Shores Townhouses Association, Inc. (the "Association"), setting out the respective obligations of the City and the Association regarding the housing improvements and the Property. 1.06. The Council also reviewed that certain Disbursing Agreement (the "Disbursing Agreement") among the City, Commercial Partners Title, LLC ("Title Company") and the Association, describing the procedures for disbursement of proceeds of bonds issued to finance the housing improvements. Section 2. Ageeements Approved. 2.01. The Mayor and City Manager are hereby authorized and directed to execute the Development Agreement and Disbursing Agreement in substantially the forms presented to the Council on this date, subject to modifications that do not materially alter the City's rights and obligations under such agreements and that are approved by the Mayor and the City Manager, which approval shall be conclusively evidenced by execution of the Agreement. 2.02. The Mayor and City Manager are hereby authorized and directed to take any and all other steps necessary or convenient in order to carry out the City's obligations under the Development Agreement and Disbursing Agreement. PUBLIC HEARINGS A. Adobt Ordinance 1544, amendinP Chapter 4, Article 2 of the City Code regarding.. tall .grass and weeds. Fire Chief Gary Gorman stated this is the second reading of the ordinance to amend the grass and weed code. Currently, those in violation are notified twice. This would limit the notification. to once, with repeat violations sent directly to the contractor for abatement. The trend is that 11 City Council Minutes Monday, May 12, 2008 Page 8 of 16 properties in violation are foreclosures or vacant property. There were no violations last year because someone was not able to mow their grass. Nawrocki stated concern in not giving people notice of the second violation. Gorman stated that violators are allowed four days to cut the grass and it takes a total of seven days before the contractor would complete the cut. Fehst stated that the notice includes this information. Jim Hoeft, City Attorney, stated that the notice would indicate that there would not be any additional notice received. Peterson stated that people know when their grass is nine inches high and needs to be cut. Deb Johnson, 4626 Pierce, stated that the staff time and postage spent on these properties, when people know that their grass is long, is not right. Diehm stated that we need to take particular notice this year, with the growing amount of foreclosures, to protect the neighbors from vacant properties and to make sure they are kept up. Diehm indicated clarification of the minutes of the last meeting to indicate that if the owner was not able to mow their lawn because they are elderly or have special needs, that we work with them to find some other solution. She indicated her comfort with this change. Gorman stated that a notice will be placed on the door indicating there would be no further notification. Nawrocki indicated concern that someone on vacation would not be able to comply. Gorman stated that inspections began this morning with 18 properties to be notified. It will take two weeks to cover the city. From the process last year, we realize the problem properties will be the same no matter how much time they receive. The elderly get their properties mowed, one way or another. Nav,~roeki questioned if both front and back yards are checked. Gorman stated yes, alleys are also checked. Motion by Williams, second by Diehm, to waive the reading of Ordinance 1546, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Ordinance 1546, being an Ordinance amending Chapter 4, Article 2 of the City Code regarding tall grass and weeds. Upon vote: All ayes. Motion carried. ORDINANCE 1544 BEING AN ORDINANCE AMENDING CITY CODE 2005 TALL WEEDS AND GRASS The City of Columbia Heights does ordain: Chapter 4, Article 2, Section 4.203 of the Columbia Heights Code is hereby amended to read: =1.203 WEED REMOY'AL. (A) The weed inspector or delegated assistant may inspect al] premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled. weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. 12 City Council Minutes Monday, May 12, 2008 Page 9 of 16 (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served personally or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner/properly for costs. (C) For properties for which there have been one or more notices issued within. the prior 12-month period, compliance with division (B) shall not be required. For those properties, the first notice issued within a 12-month period shall contain a general notice that the city may abate future violations without providing additional. specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. This ordinance shall be in full force and effect from and after 30 days after its passage. B. Adopt Resolutions 2008-100, 4542 4th St. N.E., 2008-101, 1401-1403 Parkview Lane N.E., 2008-102 5036 Jackson St. N.E. 2008-103 4131 Jefferson St. N.E. 2008-104 3975 Jackson St. N.E. 2008-105 1218-20 Circle Terrace Blvd. N.E. 2008-106 1307-09 Circle Terrace Blvd. N.E. 2008-107 4506 Fillmore Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Gorman stated that Resolution 2008-103, violation for 4131 Jefferson Street, to install a smoke detector, has not been completed. Gorman stated that Resolution 2008-104, violation for 3975 Jackson was to remove outside storage and submit the rental license and fees, which has not been completed. Peterson pointed out that seven of the nine revocations were completed when license revocation was imminent. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2008-103, 104, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution Numbers 2008-103, 104, 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: All ayes. Motion carried. Resolutions may be found at the end of this document. C. Adopt Resolution 2008-108 5056 Washington St. N.E., 2008-109, 1417 43rd Ave. N.E., 2008- 110 4132 Washington St. N.E. 2008-111 4931 Jefferson St. N.E., 2008-112, 3810-3812 3rd St. N.E. being resolutions declaring listed properties a nuisance and approving the abatement of violations within the City of Columbia Heights. Gorman listed the following requirements not met: Resolution 2008-109 for 1417 43rd Avenue - three items to repair. 13 City Council Minutes Monday, May l2, ?008 Page 10 of l6 Resolution 2008-110 for 4132 Washington Street -five items relative to outside storage. Resolution 2008-111 for 4931 Jefferson -one item relative to outside storage. Resolution 2008-112 for 3810-12 3`d Street - a vacant duplex was unsecured. It was boarded up as an immediate abatement. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2008-108, 109, 110, 111, 112 there being ample copies available to the public. Upon vote: Ail ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-108, 109, 110, 11 1, 112 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Resolartions may be found at the end of this document. ADMINISTRATIVE REPORTS Report of the City Manager • Gymnasium project status and prospective images -addressed earlier in the meeting. Nawrocki requested information be given from the May Sti' work session items relative to water quality, sale inspections, change in signage, and dissolution of the Civii Service Commission. Fehst - • Indicated that Minneapolis Water Works staff spoke regarding occasionally rusty water. Fehst described the problems and the temporary solution to flush the lines and the long term solution to reline the pipes. The City of Minneapolis also has this problem. Our production process allows crystal clear water. • We have a civil service commission. At one time it was necessary to use this process to review applicants and protect employees. Since then, there have been significant changes to public safety laws, binding arbitration, and union involvement. Our current process takes so long that we lose the best candidates. ~~'e are currently trues officers short. This v~ill go to the Charter Commission for review. • We are looking at a point of sale review and housing inspection program. A contract inspector or our employee would look at health and safety issues. Some foreclosure homes have appliances and essentials removed. We would make sure they meet minimum safety and aesthetic standards. • The Planning and Zoning Commission will look at the signage ordinance for Central Avenue to consider new technology. A committee may be considered to research possible considerations. Report of the City Attorney -nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce Street, questioned the stakes placed at 47`" and Central. Fehst stated that the site plan is being reviewed fora 50,000 square foot retail area, along with grant funds for a parking deck. Sargent indicated that a conditional use permit would be required for the parking ramp. Nawrocki questioned 37`" and Central and 39t" and Central. Fehst stated that Frattalone Hardware has 14 City Council Minutes Monday, May 12, 2008 Page 1 l of l6 given us a proposal, but an agreement has not been reached. 37t" and Central is being considered for a 10,000 square foot commercial development. The plan has been changed and would no longer allow access from the alley. Natalie McKenney, 4800 6t" Street, requested a code change for signage allowed on residential foreclosure properties. There is a 5 foot by 10 foot sign at 4751 6`" Street and unsightly signs at 4240 and 4244 Washington. The current code allows a 32 square foot sign. Diehm requested staff and the city attorney look into this. Sargent read the current city code which allows: "total area of such banner or pennant shall not exceed the ratio of 1 square foot of sign area for each 1,000 square feet of building area plus 1 square foot of sign area for each 1,000 square feet of lot area. No such banner or pennant need be less than 32 square feet". Hoeft indicated that this item is worded poorly in the city code. Council direction was requested. Nawrocki requested smaller and more realistic requirements. Diehm indicated that code should differentiate between residential and business signs. Peterson stated that nothing should be allowed larger than standard real estate signs. Hoeft suggested a survey of the regulations in other communities. Diehm requested moving quickly, as an ordinance would require two readings and the 30 day waiting period. Diehm pointed out that as a Charter City, this process takes longer than if we were a Statutory City. Sargent stated he would also research requirements for placards on buildings. McKenney requested that the quantity of signs allowed also be considered. Joe Allen, 1440 Mo1an Terrace, expressed concerns on the proposed gymnasium of increased traffic, parking lot traffic and noise, and lighting encroachment and screening of residential properties. He stated that the facility will be a great asset to the communi~y. Dieh~-n asked that Mr. Allen alsc pass his concerns on to the School Board. Peterson indicated that this would be discussed at the next building committee meeting. Katie Korday, 3842 Tyler Street, indicated her concerns about her neighbor and stated that she has frequently called the police. They have responded and suggested possible courses of action. Diehm commented that she had not heard of this particular situation, but has heard of people that feel unsafe because of a neighbor. She suggested an information/suggestion pamphlet or booklet be created. Nawrocki stated that he has had conversations with Korday, Johnson, and Roddy regarding mediation. He suggested she follow up with a court order. Hoeft applauded our police department, because everything that Ms. Korday has told us is exactly what he would want them to do. They have steered her toward possible resources. Dwayne Morrell, 4212 Reservoir Boulevard, questioned if the company awarded the demolition bid at the last Council meeting is related to Frattalone's Hardware. Peterson stated they are not. COUNCIL COF;NER Diehm • Columbia Heights is currently taking applications for paid on-call firefighters. Information packets are available at the fire department. This is a great opportunity for someone that lives in the community. Fehst stated you do not have to live in the community, but must be able to respond in our community. It is helpful if they work in our community. 15 City Council Minutes Monday, May 12, 200& Page 12 of 16 • Happy Memorial Day - have a safe holiday weekend and remember all of our service men and women. Nawrocki • Attended the North Star advisory committee meeting. The project is moving ahead and they expect to be operating next year. Has emphasized that there was to be a station in Fridley. Columbia Heights will pay full taxes for this and they only benefit we could get is if there was a station in Fridley. • Attended the Anoka County Elected officials meeting -presentation was "Take Heart Anoka County" suggesting CRP tests. Referred to the Twin Cities Regional Economical Development website. A Professor from the University of Minnesota spoke on foreclosures and what cities can expect. • Laurie Sturdevant, newspaper columnist, wrote an article on a survey by the Citizens League. Requested more information on this. Kelzenberg • Read one police item from the green sheet of our newest officer, Officer Dietz. • Went to see the play "Oklahoma" at the school and it was really good. Williams • We want to attract investors that will fix it up and sell homes to responsible single families, not create rental properties. • Water supply -our water lines are about one-half plugged. If you get rusty water, complain to our Public Works Department. We are relining about one-half mile of pipe this year. Lining is about one-half the cost of replacement. We will probably have to cover costs and raise our water rates. • The Values First values for May are responsibility and accountability. We are accountable to help one another. We work to do our best to help our citizens be responsible. Peterson • We want good quality citizens, and that is the reason for the moratorium. It is a good time to buy and fix up a home, and sell it to responsible citizens. We want to be tough on crime and get rid of drug problems and run down homes. We are in the process of redeveloping our community. If you are not for that, contact me and tell me why. Again, realized after attending the Mayor's conference that our staff is far ahead of the curve, for instance in the joint powers agreement with the schools, pit falls they referred to were all addressed by our staff. Our staff is really top of the line. Our City Manager had a talent for selecting quality people, making it easy for Council to make decisions. Williams again indicated that the Mayor did a great job selecting a great police chief. • Memorial Day -Our service men and women are doing an excellent job, wherever they are serving. Hope and pray the war is over soon. • Don't take yourself too seriously and do a random act of kindness. • The Community Prayer Breakfast will be held Wednesday, May 14, at 7:00 a.m. at Murzyn Hall, featuring Minnesota Teen. Challenge with a 40 member choir. Everyone is invited to attend. ADJOURNMENT 16 City Council Minutes Monday, May 12, 2008 Page 13 of 16 Mayor Peterson adjourned the meeting at 9:33 p.m. Patricia Muscovitz CMC City Cierk/Council Secretary RESOLUTION 2008-103 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 Peter Sax (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property Located at 4131 Jefferson 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 April 15, 2008 of an public hearing to be held on May 12, 2008. 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 March 4, 2008 inspectors for the City of Columbia Heights, inspected the property described. above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 15, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected from the initial license inspection. 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 May 2, 2008 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: Shall. install a smoke detector in the 1st floor hallway, 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 F8438 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 2008-104 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408(A) of that certain residential rental license held by Nettie Murray (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3975 Jefferson. 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 April 15, 2008 of an public hearing to be held on May 12, 2008. 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: 17 City Council Minutes Monday, May 12, 2008 Page 14 of 16 FINDINGS OF FACT 1. That on March 4, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 15, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the properly and noted one violation remained uncorrected from the initial license inspection. 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 May 2, 2008 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: Shall install a smoke detector in the 1st floor hallway. 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 F8438 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 2008-109 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 Terry Miller (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal. owner of the real property located at 1417 43rfl Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council. action contained herein was sent via regular mail to the owner of record on April 17, 2008 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 I-Ieights„akes the following: FINDINGS OF FACT 9 R 9 ,.t 7' .l 4«.. F A 1. Ttl`dt oil ~Viarc(1 i2, 2t1C18 ail inspection "eNds cortdilcteu on rile property' tisteu above. aai~pectCirS oEiri ad'iiir'vio atit'inS. n compliance order was sent via regular mail to the owner at the address. 2. That on April 17, 2008 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A coir~plianee order and stater:.ent of cause was mailed via regular mail to the owner listed in the property records. 3. That on May 2, 2008 inspectors reinspected the property and found. that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the loose siding on the east side, 2nd floor, shall repair the damaged steps on the stairs going to the front door, shall. repair the retaining wall that is falling apart. 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?06(B). CONCLUSIONS OF COUNCIL 1. That the property Iocated at 1417 43`a Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1417 43`d 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. RESOLUTION 2008-110 18 City Council Minutes Monday, May 12, 2008 Page I S of 16 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 Victor Olzeske (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4132 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 Apri128, 2008 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 March 19, 2008 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 April 28, 2008 inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on May 9, 2008 inspectors reinspected the property and found that five violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall paint or seal or stain the rear overhang on the garage that is bare wood, shall replace the missing siding on the garage that is missing/damaged, shall replace the missing siding on the house, shall remove all/any vehicles from landscaped areas of the property, 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 4132 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 4132 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 2008-111 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 Fraenkel Rossi (Hereinafter °'Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4931 Jefferson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on Apri124, 2008 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 March 18, 2008 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 April 24, 2008 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 May 6, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions anal. violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of 19 City Council Minutes Monday, May 12, 2008 Page 16 of 16 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 4931 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth. in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4931 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. RESOLUTION 2008-112 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 Bob Landucci (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 3810-3812 3`d 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 April 18, 2008. 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 April 18, 2008 the Fire Department was notified that a vacant unit at 3810-12 3`d Street N.E. may have been abandoned and unsecured. During a inspection resulting from a complaint a adjacent property owner made inspectors found the 3812 3`d Street unit open and apparrently abandoned. The Police Department responed and verified that the unit was not occupied and DuAll services was contacted to secure the unit. 2. That on Apri121, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Properly Records database. 3. 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: Approve the immediate abatement of the public nusiance/hazardous building located at 3810-3812 3`d Street N.E. 4. That all parties, including the owner of retard 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 3810-3812 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. 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 3810-3812 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. 20 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, MAY 15, 2008 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Members Present: Excused Members: Unexcused Member: Council Representative: City Representative: Comcast Representative: APPROVAL OF MINUTES Dennis Stroik, Robert Peltier, Reuben Ruen, and Dan Swee. Bob Buboltz and Ken Henke Brad Peterson Bruce Nawrocki Linda Magee Kathi Donnelly-Cohen Motion by Peltier, seconded by Ruen, to approve the minutes of January 17, 2008. All ayes. Motion Passed. OLD BUSINESS A. Channel Check Peltier conducted the channel check. No problems were found. B. Correspondence Log and Follow Up on Complaints Staff had not received any new complaints. As a follow up on Dan Swee's complaint from the last meeting, he reported that he never did receive the itemization of his bill. He paid whatever total they billed. him for and cancelled his service. C. Status of Franchise Renewal Linda and Kathi Donnelly-Cohen have had preliminary discussions regarding the franchise renewal agreement. Prior to the next meeting they will meet again with Walt, Bruce Nawrocki and Legal Counsel to negotiate some of the remaining details. Then the final proposal will be brought to the Commission for their review so a recommendation can be made to the City Council. Da Other Old Business There was no other old business. NEW BUSINESS A. Receipt of 4th Quarter 2007 and 1St Quarter 2008 Franchise Fees A copy of the Franchise Fees for 4th Quarter 2007 and 1St Quarter 2008 were enclosed in the agenda packets. 21 TELECOMMUNICATIONS COMMISSION MINUTES MAY 15, 2008 PAGE 2 B. Notice of Programming Changes Notice was received regarding changes to the HD Channel line up starting in April. The additions and new channel assignments were detailed in the notice. Swee asked what resolution constitutes high definition for the purpose of cable programming. Kathi said she would get this information for him. C. Notice of Extreme High Speed Internet Service Comcast began offering residents and businesses one of the fastest broadband services available in the US. 50 Mbps downloads and 5 Mbps uploads will be offered at this time, with hopes of increasing the speed even more over the next few years. The new service will be offered at $149.95 per month for residential customers. Business customers can take advantage of the new higher speed service for $199.95/month. D. Notice of Price Adjustment Effective June 1, 2008 Beginning June 1, 2008 the cost of Basic Cable will increase by $.47 per month. However, the cost of Basic 2 Cable will decrease by $.47. The result for the combined package will not change. Pricing for all Digital Packages will remain the same. Those taking Basic I will be the only ones who see an increase. Changes to the equipment and installation rates were also detailed in the notice. Kathi reviewed the various changes to the equipment rates and noted that the price for converter boxes went down. She explained how the FCC has limited Cities rights over recent years and how rates are regulated and justified by the requirement of the 1240 forms. E. Addition of HD Programming Effective May 30, 2008 Effective May 30, 2008 HD programming will be adding ABC Family to channel 229, Disney HD to t.h~tnel 230, ar?d Science Channel ND to channel 211. They will be available with the Digital Starter package. F. Receipt of Annual Report The Annual Report was enclosed in the agenda packets for review. There was some discussion regarding the results of the customer survey. It was noted that the majority of the people who responded still refer to the TV Supplement for a programming guide even though the Star Tribune no longer has one. Kathi stated that the St Paul Pioneer Press does still have a TV Supplement with their newspaper. Linda reminded Kathi that the financials still have not been received, therefore she recommends holding off on formally accepting the report until the information is received. G. Other New Business A commission member asked about the future of the cable studio. Kathi said that issue is being addressed as part of the renewal process and options will be considered during the negotiation process of the final agreement. She stated that the present low use of the facility makes any programming produced there not cost effective. There was further discussion regarding the access channels and the programming schedules. While doing a channel check, it was noted that channels 14 & 20 have message screens on them, which Kathi will check on, since those channels are not presently in use. 22 TELECOMMUNICATIONS COMMISSION MINUTES MAY 15, 2008 PAGE 3 REPORTS A. Report of Commissioners Education-Nothing to report Library- Nothing to report Public-Nothing to report Government-Nothing to report B. Report of Comcast- The reports were included in the agenda packets for the commissioners to review. Kathi answered questions from the members regarding outages and equipment problems. She also explained what the terms on the reports meant. Kathi reminded members that the system problems are not due to age because the system is constantly being upgraded and technological improvements are always taking place. C. Report of Cable Attorney The Cable Attorney was not present. D. Report of the Assistant to the City Manager Nothing further to report. M®ti~n by Swee, seconcle~l byPeltier, to adjourn the meeting at ?: =l5 pm. All Czyes•. Respectfully subriiitted, Shelley Hanson Secretary 23 COLUMBIA IiEIGHTS -CITY COUNCIL LETTER Meeting of: May 27, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Administration APPROVAL ITEM: Establish Work Session BY: Walter R. Fehst BY: ~ ~''` for Monday, June 16, 2008 DATE: May 21, 2008 ~" NO: DATE: It is suggested to schedule a joint City Council/Pianning & Zoning Commission Work Session meeting for a Comprehensive Plan update on Monday, June 16, 2008 beginning at 7:00 p.m. in Conference Room 1. RECD Nl~E1) MOTION: MOTION: R~Iove to establish a joint City Council,~Planning ar~d Zoning Commission ~h~ork Session meeting for a Comprehensive Plan update on Monday, June 16, 2008 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: 24 COLUMBIA HEIGHTS -CITY COUNCIL LETTER AGENDA SECTION: NO: ITEM: Ordinance 1545 Mayor's Salary NO: ORIGINATING DEPARTMENT: Administration BY: Walt Fehst DATE: May 21, 2008 Meeting of: May 27, 2008 CITY MANAGER'S APPROVAL BY: ~'' ~~ DATE:.---/ ~,~°` r Background: At the April 14, 2008 City Council meeting the City Council, on a 3 ayes, 1 nay, and 1 abstain vote, the City Council moved to increase the salary of the City of Columbia Heights Mayor to $13,800 per year, following the 2008 municipal election. The motion was made by Councilmember Kelzenberg, seconded by Councilmember Diehm. Councilmember Nawrocki voted against the motion and Mayor Peterson abstained from the vote. Per City Charter Section 13, Salaries: The mayor and council members shall by ordinance fix their own salaries in such amount as they deem reasonable. No change in salary shall take effect until after the next succeeding municipal election. Recommended Motion: MOTION® Move to waive the reading of Grdinance No. 1545, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1545, pertaining to salaries of elected officials. COUNCIL ACTION: 25 ORDINANCE NO.1545 BEING AND ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, PERTAINING TO SALARIES OF ELECTED OFFICIALS The City of Columbia Heights does ordain: Chapter 2, Article I, Section 2, (A), of the Columbia Heights City Code, which currently reads to wit: § 2.102 SALARIES. (A) Pursuant to the provisions of M.S. § 415.11, as it may be amended from time to time, effective January 1, 1994, the salary of each Council member shall be $7,800 per year, payable at the rate of $650 per month, and the salary of the Mayor shall be $9,000 per year, payable at the rate of $750 per month. Is herewith amended to read as follows: § 2.102 SALARIES. (A} Pursuant to the provisions of M.S. § 415.11, as it may be amended from time to time, effective January 1, 2009, the salary of each Council member shall be $7,800 per year, payable at the rate of $650 per month, and the salary of the Mayor shall be $13,800 per year, payable at the rate of $1,150 per month. First reading: May 12, 2008 Second reading: May 27, 2008 Date of passage: Offered by: Seconded by: Roli call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 26 CITY COUNCIL LETTER Meeting of: May 27, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2008-115, Amending BY: Scott Clark BY: ' , - Resolution 2007-214 Regarding Fund DATE: May 19, 2008 ~' -~~- ~ ~ , Reclassification Number Background: Per the City's Finance Department, the attached City Council Resolution 2008-115 is an amendment to Resolution 2007-214 to modify fund references from #207 to #408. needs to be amended so that Fund references are modified from #207 to #408. This same request will be made for EDA Resolutions 2007-27 and 2007-28 that were passed on November 27, 2007 at their meeting. Recommendation: Staff recommends Adoption of Resolution 2008-115, a Resolution Amending Resolution 2007-214 Regarding Fund Reclassification Number. Reconaffiended Motion: IvIO T iON: Ivlove to waive the Reading of Resoiution 2008-11 ~, there being a~~ aillple ai~~ount of copies available to the public. MOTION: Move to Adopt Resolution 2008-115, being a Resolution Amending Resolution 2007- 214 Regarding Fund Reclassification Number. COUNCIL ACTION: 27 CITY OF COLUMBIA HEIGHTS RESOLUTION 2008-115 RESOLUTION AMENDING RESOLUTION 2007-214 REGARDING FI;rND RECLASSFICATION NUMBER WHEREAS, on November 26, 2007 the City Council approved Resolutions, 2007-214, which referenced an appropriation of housing dollars from Fund #207, and WIl[EREAS, the City's Finance Department desires that the aforementioned Fund 207 be reclassified as Fund #408, THEREFORE, BE IT RESOLVED, that all references to Fund 207 in City Council Resolution 2007-214 be amended to Fund #408. Passed this day of 2008. Motion By: Second By: Roll Call: Mayor Clary L. Peterson ATTEST: Patricia Muscovitz, CMC City Clerk 28 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 He'sghts has accumulated fiord 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 Ftuid 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, 2048. From Funds: # Name Amount 299 Business Revolving Loan Fund $30G;426 235 Rental Hauling $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 Specia3 Project Amoun $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 26"' day of November 2007 Offered By: Diehm Second By: Kelzenberg Roll Call: Ayes: Peterson, Williams, Diehm, Kelzenberg Attest: ; atricia Muscovitz, City Clerk 29 CITY COUNCIL LETTER Meeting of 5/27/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ~"~~ ITEM: AUTHORIZATION TO SEEK BIDS FOR 2008 BY: K. Hansen BY: ~'...- ; ~ .~, ~ , SANITARY SEWER PIPE LINING PROJECT DATE: S/19/08 DATE: '~ Background: Public Works annually budgets $125,000 for pipe lining to address pipe deficiencies. Through the sewer lining televising program, utility crews televise and inspect 16,000 - 20,000 feet a year. From these reports, a determination is made on pipe conditions. Along with a history of plugged sewers and/or backups, a determination is made for which pipe segments would benefit from pipe lining. Analysis ~ Conelusiions: Seven segments of pipe are recommended for lining in 2008: I. S80 feet of 8" VCP clay file on 40`'' Avenue from Hayes Street to Arthur Street. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints MH36DS8 to MH36D62 2. 9S2 feet of 8" VCP clay file on Hayes Street from 37`'' Avenue to 39`h Avenue. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints MHDO1 to MH36D28. 3. 330 feet of 8" VCP clay file on Hayes Street between 39`h Avenue and 40`h Avenue which is MH36D60 to MH36DS9. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. 4. 990 feet of 8" VCP clay file on 4S`}' Avenue from Tyler Street to Fillmore Street. Inspection reports have identified significant joint infiltration. and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints MH2SC1 to MH2SC13. S. 272 feet of 8" VCP clay file on 44`h Avenue from Central Avenue to Tyler Place. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints MH36B12 to MH36B100. 6. 333 feet of 8" VCP clay file on Central Avenue from 44`'' Avenue to the first manhole south of 44`h Avenue. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints MH36B 12 to MH36B 11. 7. S 12 feet of 8" VCP clay file on Hart Boulevard between 37`h Avenue and 39`h Avenue. (MH36D06 to MH3634) COUNCIL ACTION: 30 CITY COUNCIL LETTER Meeting of 5/27/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS _ ITEM: AUTHORIZATION TO SEEK BIDS FOR 2008 BY: K. Hansen BY: SANITARY SEWER PIPE LINING PROJECT DATE: 5/19/08 DATE: Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. Recommended Motion: Move to authorize staff to seek bids for the 2008 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. KH:cb COUNCIL ACTION: 31 CITY COUNCIL LETTER Meeting of: 5/27/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ~ ® ''~ /, ITEM: AMENDMENT TO THE EXISTING LAND BY: K. Hansen BY: '~ , f - `~~~' LEASE WITH INVESTCAST LOCATE AT 716 39TH DATE: SI20/08 DATE: AVENUE NE The City of Columbia Heights leased an area approximately 17,925 square feet in size located at the north east corner of the rear Public Works yard to InvestCast in 1990. The term of the lease was 25 years and expires at the end of 2014. The use of the property is for employee parking. The lot area is paved and its fence separated from the Public Works yard. During the siting of the new Verizon Wireless cellular antenna, staff desired to locate the Verizon monopole and building so as to not interfere with any current or future Public Works operations. The final siting occupies 15 feet at the southwest comer of the lease parking lot. Staff discussed the siting issue with InvestCast earlier in the year. InvestCast requested that their lease term be extended to the end of 2020 as part of the amendment. The lease amendment also includes a reduction of lease space of 825 square feet. Staff recommends the attached amendment to the existing land lease that extends the term from the end of year 2014 to 2020 and removes an area of 825 square feet from the lease space. MOTION: Move to approve the amendments to the land lease between the City of Columbia Heights and InvestCast located at 716 39th Avenue NE. KH:cb COUNCIL ACTION: 32 THIS AMENDMENT TO THE GROUND LEASE is made this day of May, 2008, by and between the City of Columbia Heights, a governmental subdivision, 590-40`" Avenue Northeast, Columbia Heights, Minnesota, hereinafter called the Lessor, Party of the First Part, and Invest Cast, Inc., a Minnesota Corporation, 716 - 39`" Avenue Northeast, Columbia Heights, Minnesota, hereinafter called the Lessee Parry of the Seeond Part. WITNESSETH: That Lessor, in consideration of the agreements hereinafter set forth, does hereby provide the following amendments to the original lease dated January 3`d, 1990, and attached herein to the Lessee, and the Lessee does hereby take, accept said amendments: 1. COMMENCEMENT AND TERM OF LEASE The termination date of the Lease is hereby changed from midnight of December 31, 2014, to midnight of December 31, 2020. 2. OPTION TO EXTEND TERM OF LEASE The date of written notice to the City Manager is hereby changed from May 1, 2014 to May 1, 2020. 3. PAYMENT OF RENT The lease area used in determining the Payment of Rent is hereby reduced from 17,920 square feet to 17,025 square feet. CITY OF COLUMBi_A HEIGHTS, a Municipal Corporation Lessor By Gary Peterson Its Mayor By Wait Fehst Its City Manager INVEST CAST, INC., Lessee By William Walker Its President 33 of THI5 6ROUN0 LEASE is made this ~ day of 19!19; *° by and between the City of Columbia FTe g~fits, a goverrnnenta su v s on, 590 - 40th Avenue Northeast, Columbia Heights, Minnesota, hereinafter caned the Lessor, Party of the First Part, and Invest Cast, Inc., a Minnesota Corporation, 71fi - 39th Avenu~ Northeast, Coiua~la~Heights, Minnesota, hereinafter called the Less ,Party of the Second Part. iiITNESSETH: That Lessor, in consideration of the agreements hereinafter set forth, daes hereby demise, lease and let to the Lessee, and the Lessee daes hereby take, accept and rent ~roa~ the Lessar, the~reai property consisting of approximately 17,920 square fe$t situated in the City of Columbia Heights, County of Anoka, State of Minnesa~a, and legally described as follows: Lots 18, 19} 20 and 21, Block 84, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota.' 1. ~OMMENCEMEN'~ AND TERM OF LEASE The term of :this Lease will conwence an the 1st day of January, 1990, and. shall continue tr~enty-flue ~25~ full calendar years until its #ermination at midnight of Dec ~ er 31, 2014, unless extended or sooner terminated as provided far in this Lease. 2. OPTION TO E~TEND TERM OF LEASE. Lessee shall have the aptlon to extend the term of the Lease for an additional fiveyears by giving written notice to the City Manager an or before May 1, 20I4. If the Lease is extended, a71 terms shall rea~ain the sa+ee except the ~entai payaMent shall be based an the last Fair Market Value determined by the Anoka County Assessor prior to May 1, 2014. This Fair Market Value amay~nt shall be entered into the formula used herein in' paragraph 3 as "P" and payment by Lessee shah be in such amount. 3. PA NT OF SENT The Lessee ~aereby agrees to pay to Lessor during the term hereof in lawful money of the Unid States of America, or by check subject to collection, at the address of the L ssor specified above or at such place as Lessor may from time to time designate, a net annual rents], over and above the other and additional payments to be paid by Lessee as ,hereinafter provided, on or before January 1 of each year for the term of this Lease to be computed based upon the present fair market value of the real property of X1.75 per square foot for a fair market value of X31,360;00 adjusted as follows: The prime i~nding rate shall be as reported by Marquette Bank, Mlnneapolis ar its successor`on the first day of November next preceding the year for which the rent is due bf each and every year for the term of this Lease. The net annual rental shah be paid to Lessar withou t notice or demand. If Lessee exerciser the option to enter the premises prior to January i, 1990, which option is herewith extended to Lessee, the ter~as of this lease shall apply to the parties aS of the date an which the option is exercised except that Lessee sha71 not'be required to pay any rent to Lessor for the rental period. prior to January.!, 1990. 34 The amount of the annual rent payment shall be based upon the uniform series capital recovery formula which is: [~ +~-1] In this formula, A is the amount of the annual rental payment, i (as annually adjusted) shall be equal to the prime lending rate plus one and one fourth percent (1 1/4~), and N shall equal 25. For the first rental period, the parties agree that the prime lending rate~reparted at Marquette Bank Minneapolis on November 1, 1988, is 10 1/2~, and the 1989 annual rental payment will be calculated as follows, to wit: A = 531,360 [.1175(1+.1 75)25] [~~=r`~ A = 53,929.20 P = 531,360 = 27,920 square feet x 51.75 per foot 4. PAYMENT OF TAXES, ASSESSMENTS ETG. Lessee shall pay (subject as hereinafter provided), before any fine, penalty, interes~C or cost ~-y be added thereto far the non-payment #~aereof, all real estate taxes, assessments, water and sewer rates and charges, license and permit fees and other governa~n.tal levies and charges, general and special, ordinary and extraordinary, unforeseen as rrel7 as foreseen, of any kind and nature which are assessed, levied, confirmed, imposed or beco~ae a lien upon the real prapety and the sidewalks or streets in front of or adjoining the real property, or which beco~e chargeable against Lessor or Lessee, Lessee sh~li make all such payments direct to the charging authority. If, however, the law expressly permits the payment of any or all of the above items in installments, Lessee agy, at Lessee`s. election, utilize the permitted installment method, but shall pay each installment with any interest before delinquency. All payments of taxes or assessments, ar both, except permitted installment payments, shall be prorated for the initial ]ease year and for the year in which the Lease terrainat~s. For permitted installment payments of which at least the first installment fell due before commencement of the term, Lessee shad pay all installments falling due after commencement of the term. For permitted installment payments of which the first installment fails due during the final year(s), Lessee shall pay only the installments falling due before expiration of the term. Lessee shall furnish to Lessor, at least ten days before the date when any tax, assessment, or charge would become delinquent, receipts or other appropriate evidence establishing their payment. All obligations described in this S4 shall be considered rent for purposes of 312 of this lease. 5. SECURITY Before undertaking any construction or improvement on the leased premises, Lessee shall furnish to Lessor a lien bond or other security protecting lessor against mechanic°s and nraterialsmen's liens. Such bond or security shall be in a farm satisfactory to Lessor and in an amount at least equal to the cost of such improvement or 550,000.00, whichever is greater. -2- 35 Q b. LESSOR"S NONLIABILITY Lessor shall not be liable and Lessee shall defend and indemnify lesser against all liability and claims of~liability far damage ar injury to person or pproperty an or about the premises from any cause, foreseeable or unforeseeable, ordinary or extraordinary. Lessee waives all claims against Lessor for damage or injury to person or property arising, ar asserted to have arisen, from any cause whatsoever. 7. CONDEMiIATION If there sh~1i be a total or substantial taking or a constructive total taking of the premises in condemnation proceedings, by deed in ]ieu of condemnation or by any right of eminent domain, this Lease shall terminate an the date of such taking and the rents, impositions and other charges payable by Lessee hereunder shall be apportioned and paid to the date of such taking. Lessee hereby agrees that in the event of such taking, na severance damages or relocation expenses will be paid by Lessor. .Lessor hereby agrees that in the event of such a taking, Lessor shall pay the depreciated value of a17 improvements on said premises according to the records of Lessee, 8. USE OF PREMISES The premises shall be used far a parking area for Lessee's employees and customers only. Said parking area may be used for parking, driveway and walkway purposes of Lessee, their customers, employees, and visitors only. Lessor expressly reserves the right to terminate this Lease upon the Lessee securing alternative parking facilities. lessor also reserves the right to terminate the lease if the premises are .used for. any purpose other than parking of vehicles belonging to Lessee's employees and customers. The Lease shall terminate on the date such other parking facilities are 'secured and the rents, impositions and other charges payable by Lessee hereunder shall be apportioned and paid to the date of such termination. . 9. IMPROV NTS At any time following the execution of this Agreement by the parties, Lessee construct or otherwise make new improvements on any part or all of the prea~ises and to twodify or change the contour or grade, or both, of the Land, provided that such improvements are limited to the construction of a parking area, including curbing and fencing. The cost and expense of any such improve®ents shall be borne by Lessee and shall inure to the benefit of Lessor following the term of this lease. Before any ~rork of construction, alteration, or improvement is commenced on the pre®ises, and before any building materials have been delivered to the premises by Lessee or under Lessee`s authority, Lessee shall deliver to Lessor for Lessor`s approval the preliminary plans and specifications prepared by an engineer licensed to practice as such in this state. Prior to the com~aencement of any construction, site plan approval must be obtained in accordance with the Coluiabia Heights City Code. Certification that improvements have been completed pursuant to the plans, specifications and site plan oust be obtained before September 1, 1996. If such Certification is not received before September 1, 1990, Lessee may not~accupy ar use the premises until such time thereafter as the Occupancy Certificate is obtained. -3- 36 10. ACGESSIBILITY 4. The premises shall be accessible from 38th Avenue N.E., provided that such access be limited to vehicles of a grass vehicle weight nat exceeding 15,000 pounds. 11. ASSIG _ ENT This Lease may be assigned only with consent of Lessor, which consent wilt not be unr~asonabty withheld, within the first twenty years of the duration of this Lease :provided that such assign~aent is in con~unctian with the use of the adjacent building owned by Lessee. The terms of this lease are binding on any assignee, but such assigna~ent will not relieve invest Case, Inc. of any obligations under this Agreement. This Lease ~Y not be assigned for any purpose other than for parking area and may not be assigned during the final five years of the Lease or during the option period described in paragraph 32. 12. DEFAULT That if any default shall be made in the paye~ent of said rent or any part thereat at the time provided, or if default shall be made by the Lessee in the performance or observance of any other conversant, agreement, condition or terar herein cantained to be performed on Lessee's part, or if the Lessee shall be dispossessed therefro+n during said time or shall become bankrupt or shall make a general assignment for the benefit of creditors, the Lessor may, upon ten days written notice ~i1ed to the last known address of the Lessee, terminate and end this Lease, and fire terms and estate hereby created and all rights and interests of the Lessee hereunder shall cease and terminate, but nothing herein contained shall affect the Lessor's right to the rental for the term herein specified. Provided, hpwever, that upon taking possession hereunder, the Lessor m~,y at its election terminate and end this Lease or ~Y relet said property, and the Lessee shall be liable for the difference in the rental for the balance of the term. In the event of a default for other than non-payment of rent, Lessor shall give written notice to the Lessee, specifying the nature of the default and advising Lessee that the failure of Lessee to correct such default within twenty (20~ days shall permit the Lessor to to inate the lease. Nrit+..en notice shall be by certified it to Invest Cast, Inc., 716 39th Ave. N.E., Coluaabia Heights, Minnesota 55421, return receipt requested. 13. REMEDIES Na mention in this Lease agreement of any specific right or remedy shall preclude Lessor fro® exercising any other right or from having any other re~aedY, or froa~ maintaining any action to which it may otherwise be entitled either .at law or equity; and the failure of Lessor to lnsist in any one or more instance upon a strict performance of any conversant of this Lease agreement or to exercise any option ar right herein contained shall not be cons-trued as a waiver ar relinquishment for the future of such covenant, right or optifln, but the same shall remain in full force and effect unless t#~e contrary is expressed in writing by Lessor. 14. SEYERABILITY If any provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of -4- 37 this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, sha11 not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law, 15. LAWS OF MINNESOTA The laws of the State of Minnesota shall govern the validity, performance and enforceMent of this Lease. The Courts of the State of Minnesota shall be the exclusive site for any and all litigation herein. Y6: ENTIRE A6REE~IENT This Lease contains the entire agreement between the parties and shall not be modified in any a~anner except by an instrument, in writing, executed by the parties or their respective successors in interest. 17. SUCCESSORS The covenants and agreements herein contained shall bind and inure to the benefit of Lessor and Lessee and their respective successors and assigns. CITY OF COLUMBIA HEIGHTS, a Municipal Corporation Lessar~ INYEST CAST, INC., essee By G~~Gt~71 am a er Its President -5- 38 CITY COUNCIL LETTER Meeting of: 5/27/08 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORK5 %r. ITEM: ADOPT RESOLUTION ORDERING AND BY: K. Hansen BY: -' ~ '~ LEVYING ONE ALLEY LIGHT DATE: 5/21/08 DATE: Background: On Apri128, 2008, the City Council established a Public Hearing for the formal consideration of assessing an alley light to benefited properties, as requested by petition. The proposed light is located in the alley between Reservoir Boulevard and Tyler Street between 37tH Avenue and 39tH Avenue. The petition is for one 100 watt HPS light to be installed on an existing pole between 3850 and 3854 Tyler Street NE. There will be 10 parcels included in the assessment. Of these 10 parcels, three property owners and five residents signed the petition in favor of installing the alley light. All 10 owners were notified of the proposed assessment by mail. The monthly cost to each of the benefiting homeowners is $1.00 per month. Motion: Move to waive the reading of Resolution No. 2008-129, there being ample copies availabi_e to the public. Motion: Move to adopt Resolution 2008-129, being a Resolution ordering and levying one alley light i_ocated between 3850 and 3854 Tyler Street NE, known as PIR 677-39. Attachment: Resolution Assessment Roll Notice of Public Hearing Map COUNCIL ACTION: 39 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MIl~TI~TESOTA RESOLUTION N0.2008-129 LE G AIDOPTING THE ASSESSMENT FOR ALLEY LIGHT N0.677-39 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying and confirming ail other proceedings, heretofore had: Special Assessment for alley light numbered 677-39 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 27t" day of May 2008, in the City Council Chamber, 590 40t" Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-39 for alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the arr~ount as billed ar~raually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. Dated this 27t" day of May, 2008. Offered by: Seconded by: Roll Cail: Mayor Gary L. Peterson. Attest: Patricia Muscovitz, CMC City Clerk 40 ASSESSMENT ROLL FOR LOCAL IMPROVEMENTS ALLEY LIGHT: 677-39 PIN ADDRESS 36-30-24-33-0040 3869 RESERVOIR BLVD 36-30-24-33-0041 3875 RESERVOIR BLVD 36-30-24-33-0042 1100 39 AVENUE 1102 39 AVENUE 36-30-24-33-0072 3862 TYLER STREET 36-30-24-33-0073 3858 TYLER STREET 36-30-24-33-0074 3854 TYLER STREET 36-30-24-33-0075 3875 TYLER STREET 36-30-24-33-0076 3846 TYLER STREET 36-30-24-33-0077 3842 TYLER STREET 36-30-24-33-0078 3838 TYLER STREET 41 CITY OF COLUMBIA HEIGHTS NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Columbia Heights, Minnesota has determined the following Public Hearing be held on May 27, 2008, at 7:00 P.M. in the City Counci] Chamber, 590 40`" Avenue N.E. to consider: P.I.R. 677-39 PROJECT NO. 0809 • Installation and maintenance of one (l } 100 watt high pressure sodium cobra head street light in the alley between Reservoir Boulevard and Tyler Street from 37`" Avenue to 39`" Avenue, on the pole between 3850 and 3854 Tyler Street. At this time, the annual cost is $12.00 per parcel. The cost may increase with increases in the electric utility rate. This special assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. PARCELS PROPOSED TO BE ASSESSED: Said street light installation is to be considered pursuant to Minnesota Statutes, Chapters 429. The installation and maintenance is to be specially assessed on a unit basis against properties abutting the alley and listed below. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number, check your real estate tax statement. 36-30-24-33-0040 36-30-24-33-0072 36-30-24-33-0075 36-30-24-33-0078 36-30-24-33-0041 36-30-24-33-0073 36-30-24-33-0076 36-30-24-33-0042 36-30-24-33-0074 36-30-24-33-0077 Persons desiring to be heard with reference to the proposed installation will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. ADOPTION OF PROPOSED SPECIAL ASSESSMENT Notice is hereby given that the purpose of this Public Hearing is also to adopt assessment roll 677-39, for the area of alley lighting. The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The City Council may levy and. adopt special assessments that are the same or different than the proposed amount. ASSESSMENT ROLL AVAILABLE FOR INSPECTION The proposed assessment roll is now on file for public inspection at the City of Columbia Heights Clerk's Office, 590 40th Avenue NE, Columbia Heights, Minnesota. You are invited to examine the assessment roll prior to the hearing during business hours; no appointments are necessary. The assessment roll will also be available for examination at the hearing. OBJECTIONS AND APPEALS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subsequent meeting. Minnesota Statute, Section 429.061, states that no appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 429.081, by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within (10) days after service upon the Mayor or the Clerk. ACCOMODATIONS The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 763-706-3611 to make arrangements. (TDD/763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST CITY MANAGER Published in Focus on May 8, 2008 and May 15, 2008 42 901 t ~° .~ s u' ®~' `'9 f , 0.,,. ~.°',f e~. r~~'`~3900 ~~®~~ ~`~~~~ ~ °`3905` ~. ~ °'~ ., ~ ~~ =~°1121 _~~... _.__ __ 39TH _~. _.~~..____-_..~ ...M,a., .y__.,_..____~._~-_~rm-~- 59~ ~ ~ ~ 950 ,~~s 3850 AVEx._._ .._._.m~. _~..- s 11001102 `~;~ 3868 .J~ }, ,~~`~~} h ~ ~ ~ ~ ~~ 940 ~ ry e ~ ~ .~ ~` v 53 F ~ ~;~,~ ,. a ,.TM, u'' i ~ ~ ~ is . _ ~~. A o ,, V~y 47. t 3827 ~ o `.°~ : ~ ~ s~~° 2 ,~ 3 , rt .. ,. ,. e 4 , 41 .. ~ ~~ ~ ~ ~ ~ 3 ``° O `s ~~ ~, aft ~ ~~ ~ ~,°,~° ~ 0 j.a• , ~f° ~~~ S ~~~ ~~ 8 ,, ~. _ °~~ ~' °' ~O ~' a,.~~.~ ~ ,. >~ r.P ~i ~ , ~, ;r, ~" ~' ~ ..~ SOS °~`. J ~° ~,.z ~v'~ ~~~ ~~;4 ~'j ~J''~~~ ~~~ ~~ ``~,~ _~3j?> ~ fry 3j gyp:.. ~~ ~~_, M~~~~ ;.,,f ~,~° ,*`3?7' ~,~~ tom, `3~~' e ~LL ~joQB~.~F~ ~- v?~'-~"~~~ ~~~~,~~'j~ ~ ,` 3701`° ,~ ~ 961 ~~;r ~~~~ 3701 ~~ ~ `~ ,~'3702~~ ~.- , __. w~,..... m __ .r__.. ~~._ 37TH L ~ ' i ~, ~ ,f~ ~°' u'9.~° ~ ~ ~' r' ti. ~ ,~` ~,. ~ d,: '~~ ~ ~~r{~~ ~~ ~~ , ~~ ,~ Q ``3709 ~~~ `~ ~ 21~_µ Z...~_.~m_...____..~_.a_..n.~ ~° AvE r r Clty of Columbia Heights ...,.... . N ..~.._.._... PROPOSED ALLEY LIGHT ASSESSMENT LEGEND ~,~~~ Proposed Light Benefitted Parcels CITY OF COWMBIA HEIGHTS GIS /ENGINEERING DEPARTMENT ~'~- " Map Date: May, 2008 Map Author: K Young } € CITY COUNCIL LETTER Meeting o£ 5/27/08 AGENDA SECTION: BID CONSIDERATIONS NO: ITEM: ACCEPT BIDS AND AWARD 2008 SITE LANDSCAPING CONTRACT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ~y ,r°. BY: K. Hansen BY: ~ ~,/ -''° "/- DATE: S/22/08 DATE: rr At the March 10`h regular meeting, the Council authorized staff to seek bids for landscape plans for the two new municipal liquor stores and Huset Parkway Roundabout. Bidding documents were prepared for one contract to obtain the lowest bids and to expedite their installation in 2008. The scope of work at the liquor stores includes site irrigation of the green space, planting specified trees, shrubs and perennials, installing edging and providing a landscape cover mulch. The scope of work far the Huset Parkway Roundabout is the same but does not include irrigation. The landscape work at the liquor stores was part of the overall site development but not included in the building construction contract. The additional work at the Huset Parkway Roundabout is intended to provide additional screening from the industrial property to the east of the new residential development along Huset Parkway. Funding for each would be provided out of the respective construction project funds as follows: Municipal Liquor Store #1:436-50751-5130 $ Municipal Liquor Store #2: 436-50752-5130 $ Huset Parkway Roundabout: 415-50404-5130 $ MOTION: Move to accept bids and award the 2008 Site Landscaping, including two municipal liquor stores and the Huset Parkway Roundabout to , of Minnesota in the amount of $ ,based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement far the same. KH:kh COUNCIL ACTION: 44 CITY COUNCIL LETTER Meeting of: 5/27/08 AGENDA SECTION: CONSENT AGENDA NO: ITEM: APPROVE PERMITS FOR 2008 JAMBOREE ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: Gam'` DATE: S/20/08 DATE: The City of Columbia Heights Jamboree will be held June 25th to June 29`h this year. The carnival, operated by Family Fun. Shows, Inc. usually arrives a day or two before for set-up, which requires the closing of Jefferson Street on Monday afternoon, June 23rd. Staff is requesting permission to close Jefferson Street from the alleyway on the north. end of Huset Park to the south roundabout. Other arrangements are made with. various City departments including the license application, payment of necessary license fees and permits and that the required damage deposits are submitted. The annual Jamboree Parade will be held on Friday, June 27, 2008, beginning at 6:20 p.m. The parade route will begin on Central Avenue at 45`h Avenue to 40`h Avenue; west on 40"' Avenue to 5`h Street and 5`h Street to Mill Street. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the Jamboree Parade. MOTION: Move to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 23, 2008 through Sunday, June 29, 2008. MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 27, 2008 at 6:00 p.m. for the following streets: Central Avenue at 45`h Avenue to 40`'' Avenue, west on 40`h Avenue to 5`h Street and 5`" Street to Mill Street. MOTION: Move to authorize Fireworks at dusk on Saturday, June 28, 2008. KH:cb COUNCIL ACTION: 45 CITY COUNCIL LETTER Meeting of May 27, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVA ITEM: Rental Housing BY: Gary Gorman BY: ~; - Licenses NO: DATE: May 21, 2008 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 May 27, 2008. COUNCIL ACTION: 46 List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 10059 Renewcon Development LLC 10190 Homes for Now. 30004 ART Properties Management 30119 AminhasCo Properties, LLC 20302 Scott Fakler 10096 Bradley Ferris 20017 Leo Jackets 10037 Petrona Lee 12061 Stephen Stenger 30054 Frank Trisko 10225 Doug Wall 30056 Wu Wang 20004 Fletcher Wanless 20008 Fletcher Wanless 20048 Fletcher Wanless 30065 Arnold Weckwerth 30161 Myong Yi 212 40TH 657 40TH 543 40TH 4628 Tyler 4943 JACKSON 411 40TH 1212 CIRCLE TERRACE 960 43 1 /2 3967 POLK 950 47TH 4905 5TH 1440 47TH 1218 CIRCLE TERRACE 4506 FILLMORE 1307 CIRCLE TERRACE 3857 EDGEMOOR 4546 Tyler 05/21/2008 10:27 47 Page 1 CITY COUNCIL LETTER Meeting of May 27, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: ~` ~ LICENSE `r , s'®< ',~r NO: DATE: May 22, 2008 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 Michelle Parson to operate the rental property located at 1000 Peters Place N.E. in that the provisions of the residential maintenance code are now in compliance. COUNCIL ACTION: 48 CITY COUNCIL LETTER Meeting of: May 27, 2008 AGENDA SECTION: NO: ORIGINATING DEPT.: License Department CITY MANAGER APPROVAL ITEM: License Agenda NO: BY: Shelley Hanson DATE: May 22, 2008 DATE: BACKGROUND/ANALYSIS Attached is the business license agenda for the May 27, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008. 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. R1uC0 ~ NIIlEI314~0'I'ION: Move to approve the items as listed on the business license agenda for May 27, 2008 as presented. COUNCIL ACTION: 49 TO CITY COUNCIL May 27, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Diversified Construction *Tanner Construction *Jimmy Collins Specialtist *All Weather Siding Co *One Call Contracting *Clear Choice of MN LLC *Boiler Services *Knight Heating & AC *Becker Heating & AC *Ray N. Welter *Dakota Mechanical *A Trust dba A Aasron's 4931 W. 35th St. St Louis Pk $60.00 705 Park St, Anoka $60.00 6118 Green Garden Dr $60.00 14493 Hummingbird St NW, And. $60.00 7060 143rd Ave N, Ramsey $60.00 9909 So Shore Dr, Plymouth $60.00 10327 Flanders St NE, Blaine $60.00 13535 89th St NE, Otsego $60.00 630 Hillside Dr, Eagan $60.00 4637 Chicago Ave So, Mpls $60.00 575 Minnehaha Ave, St Paul $60.00 PO Box 712, Chanhassen $60.00 50 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: May 27, 2008 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 125858 through 126021 in the amount of $ 710,856.38 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 51 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/22/2008 13:16:22 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 ********:Fi:***:F*****;F:F*:F*;F~F* *** **************:t 'k***i:*~F*:F*i:**i:*******it*****:F**:F *:F :F Report Selection: Optional Report Title.......05/27/2008 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 125858 thru 126021 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 01 P4 Y S 6 066 10 52 ACS FINANCIAL SYSTEM 05/22/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 05/27/2008 COUNCIL LISTING CHECK NUMBER AMOUNT AARP 125858 220.00 ACCURINT 125859 130.00 ANOKA COUNTY 125860 1,403.56 ANOKA COUNTY - GOVT CEN 125861 6,794.91 ANOKA COUNTY LICENSE CEN 125862 1,217.75 ATLAS AUTO BODY, INC 125863 490.80 CENTRO BRADLEY SPE 5 LLC 125864 331.40 DEX MEDIA EAST LLC 125865 390.88 EDAM 1.25866 200.00 FSH COMMLTNICATION5, LLC 125867 60.00 GENUINE PARTS/NAPA AUTO 125868 248.41 HD SUPPLY WATER WORKS 1.25869 144.94 INTEGRA TELECOM INC 125870 162.42 IPC PRINTING 125871 51.13 JOHNSON BROS. LIQUOR CO. 125872 51,241.85 MARK VII DIST. 125873 18,848.46 MCCOOL UNLIMITED INC 1.25874 1,300.00 MID-AMERICAN SPECIALTIES 125875 179.94 MN MUNICIPAL BEVERAGE AS 125876 350.00 PAUSTIS & SONS WINE COMP 125877 2,413.49 PETTY CASH - LIZ BRAY 125878 80.28 PHILLIPS WINE & SPIRITS 125879 11,095.60 QUALITY WINE & SPIRITS 125880 27,186.49 REL CTR #54010100240591 125881 100.00 RENAISSANCE FIREWORKS 125882 370.00 SAM'S CLUB 125883 108.03 SOLBREKK INC 125884 4,052.00 SOSA/SIRENA 125885 25.00 STREICHER'S GUN'S INC/DO 125886 223.50 THATSEKHANGSAR/TSERING 125887 30.00 TOP VALU LIQUOR 125888 274.76 TWIN CITIES TRANSPORT & 125889 83.07 USA MOBILITY WIRELESS IN 125890 32.27 VERIZON WIRELESS 125891 43.74 XCEL ENERGY (N S P) 125892 3,012.66 AMERICAN BOTTLING COMPAN 125893 1,103.88 ANOKA CTY - CENTRAL COMM 125894 583.92 BUETOW AND ASSOCIATES IN 125895 38,707.49 BURROW/BONNIE 125896 27.73 CAPITOL BEVERAGE SALES L 125897 30,320.20 CENTER POINT ENERGY 125898 2,213.86 CHISAGO LAKES DISTRIBUTI 125899 4,885.59 CITY OF COLUMBIA HEIGHTS 125900 107,811.06 CITY OF EAGAN 125901 225.00 COCA-COLA BOTTLING MIDWE 125902 2,037.22 CROWN TROPHY 125903 15.98 DANIMAL DISTRIBUTING INC 125904 871.90 53 ACS FINANCIAL SYSTEM 05/22/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 05/27/2008 COUNCIL LISTING CHECK NUMBER AMOUNT ENGLUND/JEAN 125905 50.00 EXTREME BEVERAGE 125906 960.00 FARMER-BOCKEN 125907 7,432.35 FIRST FINANCIAL TITLE 125908 58.81 FLATEN/RUSSELL & VIVIAN 125909 10.84 G & K SERVICES INC 125910 119.26 GORMAN/GARY 125911 35.00 GRIGGS-COOPER & CO 125912 52,074.21 HEIGHTS BAKERY 125913 12.23 HEMPEL PROPERTIES 1'25914 773.19 JOHNSON BROS. LIQUOR CO. 125915 7,159.19 KOOLMO/ROSALYN 125916 4.96 KUEHN/SCOTT 125917 286.29 MINNEAPOLIS FINANCE DEPT 125918 72,310.73 MOELLER/KAREN 1.25919 150.00 MOSER/AMY 125920 190.89 OLYMPIC COMMUNICATIONS I 1:25921 10,003.50 PARTENHEIMER/KIRSTEN 125922 39.90 PETTY CASH - CAROL BROER 125923 55.71 PETTY CASH - KAREN MOELL 125924 138.30 PHILLIPS WINE & SPIRITS 125925 5,136.70 PREMIUM WATERS INC 125926 52.50 QUALITY WINE & SPIRITS 125927 10,530.05 QWEST BUSINESS SERVICES 125928 538.76 QWEST COMMUNICATIONS 125929 190.85 REMAX/CLAUDE WORRELL 1.25930 132.20 RITE INC 125931 4,776.00 SHAMROCK GROUP-ACE ICE 125932 543.07 STATE FIRE MARSHALL DIVI 125933 80.00 STREEPER/JEFFREY 125934 500.00 STROM/GAIL 1.25935 268.59 USA MOBILITY WIRELESS IN 125936 95.87 VERTICAL ENDEAVORS, INC. 125937 50.00 WILLIAMS/JIM 125938 30.00 XCEL ENERGY (N S P) 125939 6,141.32 AAA AWARDS 125940 48.75 ACE HARDWARE 125941 69.23 ALEX AIR APPARATUS INC 125942 80.00 ALL SAFE FIRE & SECURITY 125943 139.59 ALTO CONSULTING & TRAINI 125944 225.00 AMERIPRIDE INC 125945 34.95 ANCOM COMMUNICATIONS INC 125946 12.50 ANOKA COUNTY 125947 79.97 ANOKA COUNTY LICENSE CEN 125948 100.00 ASPEN EQUIPMENT 125949 2,138.63 ATLAS AUTO BODY, INC 125950 1,000.00 BARNA GUZY & STEFFEN LTD 125951 14,127.00 54 ACS FINANCIAL SYSTEM 05/22/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 05/27/2008 COUNCIL LISTING CHECK NCENIBER AMOUNT BEISSWENGER'S HARDWARE 125952 350.69 BENNETT COMMUNITY CONSUL 125953 1,941.25 BIFF'S,INC. 125954 813.78 BONESTROO 125955 6,612.78 BOURCY/MYRNA 125956 333.31 BOYER TRUCK PARTS 125957 490.76 BROCK WHITE CO. 125958 88.27 BUILDING FASTENERS 125959 378.72 CCP INDUSTRIES 125960 45.02 CINTAS FIRST AID-SAFETY 125961 462.37 CITY PAGES 125962 450.00 CLARK PRODUCTS INC 125963 3.20 COMMERCIAL ASPHALT 125964 4,426.73 COORDINATED BUSINESS SYS 125965 183.12 DARLINGS SALES & SERVICE 125966 217.34 DELEGARD TOOL CO. 125967 158.60 DELTA HOSPITAL SUPPLY IN 125968 86.85 DON'S CANVAS & PROP REPA 125969 400.00 DU ALL SERVICE CONTRALTO 125970 3,910.47 EARL F ANDERSEN INC 125971 119.28 EHLERS & ASSOCIATES INC 125972 185.00 EMERGENCY AUTOMOTIVE TEC 125973 335.92 FACTORY MOTOR PARTS INC 125974 133.07 G & K SERVICES INC 125975 714.64 GENE'S WATER & SEWER INC 125976 22,939.50 GENUINE PARTS/NAPA AUTO 125977 296.77 GREEN LIGHTS RECYCLING I 125978 588.17 GS DIRECT 125979 210.00 HACH COMPANY 125980 244.91 HEINRICH ENVELOPE CORP 125981 140.00 HOME DEPOT #2802 125982 504.23 HONEYWELL INC 125983 19,491.25 HOTSY EQUIPMENT OF MINN 125984 97.26 INSTRUMENTAL RESEARCH IN 125985 160.00 KEEP INC/THE 125986 41.76 KENNEDY & GRAVEN 1259$7 39.14 KIWANIS COLUMBIA HTS-FRI 125988 223.92 KIWANIS GOLDEN K FRID-CO 125989 223.92 LITURGICAL PUBLICATIONS 125990 1,020.00 LOW VOLTAGE CONTRACTORS 125991 383.40 MARCO, INC 125992 29,867.51 MARSHALL CONCRETE PRODUC 125993 4,822.48 MENARDS CASHWAY LUMBER-F 125994 405.38 METROPOLITAN COUNCIL WAS 125995 70,075.34 MIDWAY FORD 125996 68.98 MIDWEST LOCK & SAFE INC 125997 112.89 MINNEAPOLIS OXYGEN CO. 125998 11.52 55 ACS FINANCIAL SYSTEM 05/22/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 05/27/2008 COUNCIL :LISTING MIRACLE RECREATION MN DEPT OF HEALTH MN HIGHWAY SAFETY & RESE NEENAH FOUNDRY COMPANY NEOPOST INC NEXT DAY GOURMET NFPA INTERNATIONAL NORTHERN WATER WORKS SUP OFFICE DEPOT ONE-CALL CONCEPT-GOPHER POS PAPER.COM PREMIUM WATERS INC QWEST COMMUNICATIONS ROSEDALE CHEV S & T OFFICE PRODUCTS IN SERVICE LIGHTING SHAMROCK GROUP-ACE ICE SUN PUBLICATION INC TRIO SUPPLY COMPANY TWIN CITIES TRANSPORT & WW GRAINGER,INC XCEL ENERGY (N S P) 3M CHECK NUMBER AMOUNT 125999 173.04 126000 23.00 126001. 344.00 126002 1,359.69 126003 1,128.00 126004 21.92 126005 150.00 126006 1,582.69 126007 275.66 126008 341.20 126009 326.63 126010 19.30 126011 79.90 126012 49.05 126013 423.98 126014 416.12 126015 22.00 126016 160.90 126017 22.40 126018 187.51 126019 1,106.68 126020 56.15 126021 7,089.00 710,856.38 *** 56 ACS FINANCIAL SYSTEM 05/22/2008 13 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 05/27/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 710,856.38 RECORDS PRINTED - 000733 57 ACS FINANCIAL SYSTEM 05/22/2008 13:16:24 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 49,214.47 201 COMMUNITY DEVELOPMENT FUND 3,754.90 212 STATE AID MAINTENANCE 416.12 240 LIBRARY 2,888.18 261 TWENTY-FIRST CENTURY PROGRAM 1,686.60 372 HUSET PARK AREA TIF (T6) 185.00 401 CAPITAL IMPROVEMENTS 1,621.00 412 CAPITAL IMPROVEMENT PARKS 568.33 415 CAPITAL IMPRVMT - PIR PROD 4,093.37 417 PUB SAFETY BLDG CONSTRUCTION 38,707.49 420 CAP IMPROVEMENT-DEVELOPMENT 39.98 430 INFRASTRUCTURE FUND 225.00 436 CAPITAL EQUIP REPLACE-LIQUOR 26,520.61 601 WATER UTILITY 105,481.46 602 SEWER UTILITY 71,122.47 603 REFUSE FUND 2,399.59 604 STORM SEWER UTILITY 3,756.72 609 LIQUOR 263,497.82 651 WATER CONSTRUCTION FUND 1,056.80 652 SEWER CONSTRUCTION FUND 500.00 701 CENTRAL GARAGE 11,950.94 720 DATA PROCESSING 4,628.67 875 FISCAL AGENCY: GIS RANGER 7,089.00 881 CONTRIBUTED PROJECTS-REC 150.00 884 INSURANCE 1,490.80 885 PAYROLL FUND 107,811.06 TOTAL ALL FUNDS 710,856.38 BANK RECAP: BANK NAME ---- ---------------------------- DISBURSEMENTS BANK CHECKING ACCOUNT 710,856.38 TOTAL ALL BANKS 710,856.38 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 58 CITY COUNCIL LETTER Meeting of May 27, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: - Abatement ~_, • ~, DATE; May 19, 2008 DATE: NO: 2008-116 to 2008-119 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-116 - 1401-03 Circle Terrace Blvd. 2008-117 - 4100 Reservoir Blvd. 2008-118 - 4450 Van Buren Street 2008-119 - 4656 Polk 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 2008-116, 117, 118, and 119 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-116, 117, 118, and 119 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: f ..~- 59 RESOLUTION 2008-116 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 Bank of New York Trustee (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-03 Circle Terrace Blvd., 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 Apri128, 2008. Now, therefore, in accordance with the foregoing, and alI 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 April 27, 2008 the Fire Department was notified that a vacant house at 1401-03 Circle Terrace Blvd. N.E. had graffiti on it. 2. That on April 28, 2008 the Fire Department hired the contractor DuAll Service to remove the graffiti on the building. The Fire Department had no contact information for a responsible person for the building. 3. That on Apri128, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the public nuisance/hazardous building located at 1401-03 Circle Terrace Bivd. N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the properly located at 1401-03 Circle Terrace Bvld. 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. 60 ORDER OF COUNCIL 1. The property located at 1401-03 Circle Terrace Elvd. 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 2008 Offered by: Second by: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 61 RESOLUTION 2008-117 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 Greenpoint Mortgage Company (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 4100 Reservoir Blvd. 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 May 8, 2008 Now, therefore, m accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on April 2, 2008 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 May 8, 2008 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 May 14, 2008 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair damage to the overhead garage doorframe. B. Building is unsecured, shall secure the open second floor window. C. Shall remove all outside storage. 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 4100 Reservoir Blvd. 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. 62 ORDER OF COUNCIL 1. The property located at 4100 Reservoir Blvd. 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 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 63 RESOLUTION 2008-118 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 Kevin Brady (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4450 Van Buren 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 May 15, 2008 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 Apri130, 2008 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 May 15, 2008 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 May 21, 2008 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 1. That the property located at 4450 Van Buren Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 64 ORDER OF COUNCIL 1. The property located at 4450 Van Buren Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cierk 65 RESOLUTION 2008-119 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 Cit3~ Code, of the property owned by JP Morgan Chase Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4656 Polk Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on April 15, 2008. 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 April 14, 2008 the Fire Department was notified that a vacant house at 4656 Polk Street N.E. had a open window and an open door. 2. That on April 15, 2008 the Fire Department inspected the property and found a window unsecured. After checking the records the Fire Department could not find a responsible person that could be immediately notified. 3. That on April 15, 2008 the Fire Department hired the contractor DuAll Service to board up and secure the open window on the building. 4. That on April 15, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 5. That based upon said records ofthe 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 of the public nuisancefhazardous building located at 4656 Polk Street N.E,. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4656 Polk Street N.E.is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property 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. 66 ORDER OF COUNCIL 1. The property located at 4656 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 67 CITY COUNCIL LETTER Meeting of May 27, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY ° Revocation '`' ~ ~ DATE: May 21, 2008 DATE. NO: 08-120 to 08-128 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-120 - 679 40`" Avenue 2008-121 - 1308-10 Circle Terrace Blvd. 2008-122 - 567 37`" Avenue 2008-123 - 4321 St" Street 2008-124 -1214-16 Cheery Lane 2008-125 - 3727 Reservoir Blvd. 2008-126 - 4442-44 Tyler Street 2008-127 - 1019 37`" Avenue 2008-128 - 3810-12 3`d Street for failure to meet the requirements of the Residential Maintenance Codes, RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-120, 121, 122, 123, 124, 125, 126, i27, 128 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-120, 121, 122, 123, 124, 125, 126, 127, 128 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. COUNCIL ACTION: .~- 68 RESOLUTION 2008-120 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 Cynthia Agyili (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 679 40`h 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 May 5, 2008 of an public hearing to be held on May 19, 2008. 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 Aprii 1, 2008 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 April 15, 2008 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 April 15, 2008 the inspection office staff sent sent a letter requesting the owner of the property to renew the rental license far this property. 4. That on May 16, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained uncorrected. 5. 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 paint, seal, or stain, the trim around the front and the rear door. b. Shall replace the broken basement window, on the west side. c. Shall replace the broken window on the garage service door. d. Shall submit a rental license renewal application and applicable fees. 6. 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 F8393 is hereby revoked. 69 2. The City will post far the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. Ail 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 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~o RESOLUTION 2008-121 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 Mortgage Electronic Registration Systems (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1308-1310 Circle Terrace 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 May 2, 2008 of an public hearing to be held on May 27, 2008. 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 or about April 15, 2008, 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 May 2, 2008 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- wn: a. Failure to schedule a rental property inspection. b. Failure to sumbit renewal rental license application and fees 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 The rental license belonging to the License Holder described herein and identified by license number Fxxxx 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 of posting of this Order revoking the license as held by License Holder. 71 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 RESOLUTION 2008-122 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 Dennis Hackett (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 567 37`h 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 May 2, 2008 of an public hearing to be held on May 27, 2008. 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 or about April 15, 2008, 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 May 2, 2008 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- wn: a. Failure to schedule a rental property 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 F$919 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. 73 Passed this day of 2008 Offered by: Second by: Roil Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~4 RESOLUTION 2008-123 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 Pedro Diaz Mondragon (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4321 5th 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 May 7, 2008 of an public hearing to be held on May 27, 2008. 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 April 18, 2008 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 May 7, 2008 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- wn: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 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 U4321 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. Ali 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. 75 Passed this day of 2008 Offered by: Second by: Roll Cali: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 76 RESOLUTION 2008-124 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 Shemica Riley (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1214-1216 Cheery 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 May 8, 2008 of an public hearing to be held on May 27, 2008. 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 March 12, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 8, 2008 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 May 14, 2008 inspectors for the City of Columbia Heights performed a reirspection and noted t hat 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- Wlt: a. 1216 Side -Provide working smoke detector on 1st floor. 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 F8785 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. A11 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 2008 Offered by: Second by: Roil Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~a RESOLUTION 2008-125 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 Timothy Quass (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3727 Reservoir 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 May 5, 2008 of an public hearing to be held on May 27, 2008. 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 or about March 15, 2008, 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 May 5, 2008 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- wn: a. Failure to schedule a rental property inspection. 4. That alI 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 F$938 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. 79 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk so RESOLUTION 2008-126 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 Said Farah (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4442-4444 Tyler 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 May 7, 2008 of an public hearing to be held on May 27, 2008. 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 or about March 15, 2008, 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 May 7, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit rental housing renewal application and applicable fees. 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 F$401 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 ofposting of this Order revoking the license as held by License Holder. 81 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk s2 RESOLUTION 2008-127 Resolution of the City Council far 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 Erika Thorn (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1019 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 May 1, 2008 of an public hearing to be held on May 27, 2008. 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 March 24, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted six 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 May 1, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted five violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 22, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that five violations remained ~ancorrected. 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 replace the missing smoke detectors in both bedrooms. b. Shall replace the non-working smoke detector in the kitchen area. c. Shall replace the missing outlet cover on the electrical outlet in the pantry area. d. Shall install a thumbturn style deadbolt lock on the back door. e. Shall paint the closet walls in the rear of the house. 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 F8879 is hereby revoked. 83 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 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 84 RESOLUTION 2008-128 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 Bob Landucci (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 3810-3812 3`d Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 2, 2008 of an public hearing to be held on May 27, 2008. 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 or about April 15, 2008, 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 May 2, 2008 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- wn: a. Failure to schedule a rental property inspection. b. Failure to sumbit renewal rental license application and fees 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 F8293 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. 85 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 86 CITY COUNCIL LETTER Meeting of: 5/27/08 AGENDA SECTION: CONSENT AGENDA NO: ~-~ ~ I T E1Yl: Ai^..lr..Ll T UIDaC7 Al\iD A V7JA1\D 4VV0 iC7I T E LANDSCAPING CONTRACT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS`` ~i (`(`~~'' DV. V iJ.. «.. ,.« 6G1~ .Vln DV. DATE' 5/27/081 ,i`~-~v I DATE: At the March l0a' regular meeting, the Council authorized staff to seek bids for landscape plans for the two new municipal liquor stores and Huset Parkway Roundabout. Bidding documents were prepared for one contract to obtain the lowest bids and to expedite their installation in 2008. The scope of work at the liquor stores includes site irrigation of the green space, planting specified trees, shrubs and perennials, installing edging and providing a landscape cover mulch. The landscape work at the liquor stores was part of the overall site development but not included in the building construction contract. Staff is recommending the landscaping at the Liquor Stores be awarded. The scope of work for the Huset Parkway Roundabout is the same but does not include irrigation. The additional work at the Huset Parkway Roundabout is intended to provide additional screening from the industrial property to the east of the new residential development along Huset Parkway. Staff is recommending the landscaping at Huset Parkway Roundabout included in the base bid be awarded at this time. Staff is also recommending Alternate 1 not be awarded. The developer has requested the landscaping along the west side of Huset Parkway Roundabout be done when the corner property is developed. Funding for each would be provided out of the respective construction project funds as follows: 1. Municipal Liquor Store # 1 (Central Ave): 436-5075 ] -5130 $14,178.00 2. Municipal Liquor Store #2 (37~' Ave): 436-50752-5130 $18,560.75 3. Huset Parkway Roundabout (East ROW): 415-50404-5130 $ 6,702.00 MOTION: Move to accept bids and award the 2008 Site Landscaping, including two municipal liquor stores and the Huset Parkway Roundabout to Fair's Nursery, of Maple Grove, Minnesota in the amount of $39,440.75, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:kh COUNCIL ACTION: BID TABULATION CITY PROJECT 0751 AND 0752 SITE LANDSCAPING Huset Parkway -East ROW 2105 37th Avenue 4950 Central Avenue SITE IRRIGATION 2105 37th Avenue 4950 Central Avenue TOTAL BASE BID Fair's Nursery $ 6,702.00 $15,380.75 $10,898.00 $ 3,180.00 $ 3,280.00 $ 39,440.75 ALTERNATE 1 Huset Parkway -West ROW $ 5,723.00 TOTAL BID WITH ALTERNATE 1 $45,163.75 Arteka Companies $10,930.00 $18,656.00 $16,428.00 $ 4,072.00 $ 4,556.00 $ 54,642.00 $ 9,563.00 $ 64,205.00 North Metro Landscaping $10,828.00 $18,448.50 $16,504.25 $ 5,000.00 $ 5,000.00 $ 55, 780.75 $ 9,636.00 $ 65,416.75 Noble Nursery $ 8,808.00 $18,289.00 $16,947.00 $ 7,867.00 $ 9,899.00 $ 61,810.00 $ 7,077.00 $ 68,887.00 Cedar Ridge Landscapir~ $ 8,574.00 $17,982.00 $ 20,973.41 $ 6,182.82 $ 6,589.00 $ 60, 301.23 $ 8,907.36 $ 69,208.59 Rainmaster Irrigation $13,369.24 $ 21,590.00 $15,172.27 $ 6,800.00 $ 6,700.00 $ 63,631.51 $10,196.95 $ 73,828.46 PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE MAY 27, 2008 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2008-122, being a Resolution of the City Council of the City of C~I~~mhia Heights annrgvina rPVOCatinn _ _ _ _ _ _ _ _ J _ _ _ .. _ .. _ _ _ _ . _ .. _ J _ _ _ _ _ _ _ . _ ._ . _ _ .. _ ~ J .. _ _ _. I_ 1_ . _ _ ... ~ J _ _ _ _ _. _. _ . . pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Dennis Hackett regarding rental property at 567 37~" Avenue Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-125, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Timothy Quass regarding rental property at 3727 Reservoir Blvd. N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-127, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408~A) of the rental license held by Erika Thorn regarding rental property at 1019 37t Avenue Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-123, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Pedro Mondragon regarding rental property at 4321 5t" Street N.E. CITY COUNCIL LETTER Meeting ~f Mav ?7. ?_~~R -. - ---- AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: LICENSE NO: DATE: May 22, 2008 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 Peters Place Apartments, LLC to operate the rental property located at 1000 Peters Place N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: