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Home My WebLink AboutJuly 13, 2009 RegularCITY OF COLUMBIA HEIGHTS 590 40"' Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763} 706-3692 Vsit our website at: www.ci.coiumhia-hei«hts nan.us Manor Gmy L. Peterson Couneilmembers Robert A. bVilliams Bruce Nawrocki Tansntera Diehm Bruce KeLenberg Citv Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, July 13, 2009 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 Rev. Dan Thompson, Columbia Heights Assembly of God Church 2. PLEDGE OF ALLEGL~NCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Auditor's presentation - 2008 Report Questions and Answers Related to the 2008 CAFR and Audit Report ps 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 June 22, 2009 City Council meeting p21 MOTION: Move to approve the minutes of the June 22, 2009 City Council meeting B. Accept the minutes of the Columbia Heights Boards and Commissions pas MOTION: Move to accept the May 27, 2009 minutes of the Economic Development Authority. MOTION: Move to accept the June 3, 2009 minutes of the Library Board. p4s MOTION: Move to accept the July 7, 2009 minutes of the Planning and Zoning Commission. p47 C. Approve Premises Permit Application for Columbia Heights Athletic Boosters to conduct charitable gambling activities at Albert's Restaurant, 547 40th Avenue NE p52 MOTION: Move to direct the City Manager to forward. a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B Premises Permit for the Columbia Heights Athletic Boosters Club in conjunction with gambling activities at Albert's Restaurant, 547 40th Avenue NE, and furthermore that the City City Council Agenda Monday, July 13, 2009 Page 2 of 4 Council hereby waives the remainder of the sixty-day notice to the local governing body. D. Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse p6z Overtime Fund re: Detox transports MOTION: Move to transfer $1,260.00 received from Anoka County for partial reimbursement of costs associated with detox transports from the General Fund. to the Police Department 2009 Budget under line item 1020, Police Overtime. E. Authorize agreement for Computer and Tel~hone Systems for the New Public Safety Building MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with p6a Marco for a Mitel 3300 telephone switch upgrade, afive-year maintenance plan, and a computer networking system based on Alternate #3 of their proposal. F. Approval of a 1-foot height variance for a fence in the front yard at 3969 Reservoir Blvd. p66 MOTION: Move to waive the reading of Resolution 2009-101, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-101, approving a 1-foot height variance for a chain link fence in the front yard at 3969 Reservoir Blvd., subject to the conditions outlined in Resolution No. 2008-1.01. G. Authorize Change Order No. 1 for the 2009 Street Rehabilitation and Alley Reconstruction, p~6 Project No. 0902 MOTION: Move to authorize Change Order No. 1 for miscellaneous utility work, reclaiming and grading mill and overlay streets and constructing fence maintenance strip, City Project 0902 to C and L Excavating, Inc. in the amount of $66,714.64 to be funded from Water Fund ($2,540.00), State Aid Maintenance Fund ($3,250.00) PIR Fund and Assessments ($55,529.64), and Sanitary Sewer Fund ($5,395.00). H. Authorization to seek bids for professional services for final design of the Gateway Pedestrian Bride p79 MOTION: Move to authorize staff to seek bids for professional services for the final design of the Gateway Pedestrian Bridge over TH 65 at 49th Avenue. Annrove Change Order No. 2 for the Park Improvement Proiects: Sullivan Park and Silver Lake Beach Park -Projects 0805 & 0806. p80 MOTION: Move to authorize Change Order No. 2 for additional quantities of line items and additional work due to field conditions, for the Sullivan Lake and Silver Lake Beach Park Improvements, City Projects 0805 and 0806 to American Liberty in the amount of $24,805, to be funded out of the Park. Development Fund 412-50805-5185 ($8,851), 412-50806-5185 ($10,433) and Water Construction Fund 651-50805-5185 ($3,507) J, Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. p84 MOTION: Move to approve the items listed for rental housing license applications for July 13, 2009. K. Approve Business License Applications pay MOTION: Move to approve the items as listed on the business license agenda for July 13, 2009 as presented. L. Approve payment of the bills p89 City Council Agenda Monday9 July 13, 2009 Page 3 of 4 MOTION: Move to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 130820 through Check Number 131064 in the amount of $11,820,956.09. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Approve acquisition of 4448 Quincy Street p99 MOTION: Move to waive the reading of Resolution 2009-91, there being ample amount of copies available to the public. MOTION: Move to adopt Resolution 2009-91, approving the acquisition of property located at 4448 Quincy Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. B. Approve Acquisition of 4522 5th Street ploz MOTION: Move to waive the reading of Resolution 2009-92, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-92, approving the acquisition of property located at 4522 5th Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. C. Adopt Resolutions 2009-96, 4332 Tvler Street N.E., and 2009-97, 4635 6th Street N.E. bein Resolutions approving rental license revocation for failure to meet the requirements of the plo4 Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-96, and 97, there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2009-96, and 2009-97 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. D. Adopt Resolutions 2009-98, 4850 4th Street N.E., 2009-99, 5056 Washineton Street N.E., and 2009-100, 4030 Quinc~Street N.E. being_declarations of nuisance and abatement of violations within the City of Columbia Heights. plo9 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-98, 99, and 100 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2009-98, 99, and 100 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 properties pursuant to City Code section 8.206. 7. ITEM5 FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Ordinance No. l 567, being an Ordinance establishing an Emergency Moratorium. regulatin~~namic LED suns in all commercial districts. p116 MOTION: Move to waive the reading of Ordinance No. 1567, there being an ample amount of copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1567, being an Ordinance establishing an City Council .Agenda Mondays July 13, 2009 Page 4 of 4 Emergency Moratorium far the purpose of protecting the planning process and the health, safety, and welfare of City residents and regulating dynamic LED signs in all commercial districts. B. Bid Considerations C, Other Business I . Approve contract for John P. Murzyn Hall Event Security p123 MOTION: Move to contract with G4S Wackenhut for John P. Murzyn Hall security and authorize the Mayor and City Manager to enter into an agreement for the same. 2. Amend John P. Murzyn Hall Bar Policy p134 MOTION: Move to amend the John P. Murzyn Hall bar policy to require all new rentals to use the Columbia Heights Lion's Club or a licensed liquor establishment effective immediately. 8. ADNIINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall. state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOUI2NIVIENT ~,.~.-- t. 4." Walter R. Fehst, City Manager W F/pvm 4 The 2008 Comprehensive Annual Financial Report for the City of Columbia Heights including the Independent Auditors' Report, and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 22, 2009. Staff's answers to questions related to the above financial report or audit are attached. A brief presentation by our auditor is scheduled for the July 13, 2009 City Council meeting. 5 • • . Information Systems ~ C ltd o f C o lumb l a ~e 1 ghts Financial Reporting = Accounts Payable ` Utility Billing .~ ,"} Finance Department Payrar ~ , S90 40" Avenue N.E. Columbia Heights, MN 55421-3878 Office (763) 706-3600 TDD {763) 706-3692 Fax (763) 706-3637 puestions and Answers Related to the 2008 CAFR and Audit Report This list includes the key questions and answers from the 7/1109 meeting with Council Member Bruce Nawrocki and City Finance Department Staff Ql: These financial statements seem very challenging to understand. Is there a way to better grasp their meaning? A1: Over the years the City's financial statements have become increasing complex due to externally imposed requirements on the format and content of the statements. Years ago, it was possible to issue a Comprehensive Annual Financial Report (CAFR) that was user-friendly for the average person. As long as the reader had a general understanding of the City's activities, financial expertise wasn't necessary to understand the report. Those days are gone. To offset some of the increased complexity, the current requirements intend that certain sections of the report to still be relatively accessible for the average person. In particular, this includes: • Letter of Transmittal -CAFR page 5 • General Fund Budgetary Comparison Schedule -CAFR page 86 • Schedule of Finding and Responses -CAFR page 229 In addition., the Management Discussion and Analysis that begins at CAFR page 15, is intended to be a narrative overview that is a relatively quick read, although a few portions are somewhat more technical than the above bullet points. Finally, Council members and others concerned with City govenlance may find a separate document, the Audit Management Letter, produced by the external auditors HLB Tautges Redpath, Ltd., most useful in understanding the data contained in the City's financial statements. In particular, the summary of financial activity at pages 4 and 5 of the Audit Management Letter has been an effective tool for addressing the peremual question, "How much money does the City have?" Q2: Some report pages have a disclaimer at the bottom stating that persons for whom the report is not intended should not use the report. What is this about? A2: The primary report from the auditor is their opinion on the City's financial statements at CAFR pages 13-14. That disclaimer does not appear on the auditor's primary report because it is considered a "general-purpose" report. Additional specialized reports from the auditors on legal compliance, internal control and supplementary information are at CAFR pages 225-228 and 231. These additional reports, and the separate Audit Management Letter, each contain a disclaimer at the bottom that is designed to alert readers that these are not general-purpose reports. They are based on specialized Service Is Our Business THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTU~ jITY EMPLOYER pracedures for specialized intended purposes and there is an increased potential that readers not familiar with the context of these pracedures and purposes may misunderstand these specialized reports as compared to general-purpose reports. However, all of the reports are a matter of public record, and as such, anyone is free to read them. That is why the CAFR is available on the City's website. Q3: At CAFR page 1 S, the third paragraph states, "During 2008, the City's total net assets increased by $3,203,SSS." What type of item (cash, etc) is that amount reflected in at year-end? A3: Capital assets net of related debt, which increased by approximately the same $3 million in 2008, as shown by the data in the lower right hand corner of the condensed financial statement presented at CAFR page 19. Q4: CAFR pages 38 & 39 display revenues and expenditures using separate columns for each of the City's major governmental funds. However, all the other governmental funds are combined into only a single column on pages 38 & 39. Where can I find information on this "other" column? A4: The CAFR is organized in a way to allow readers to "drill down" from this "other funds" column to get to individual fund level detail for each governmental fund not detailed on CAFR page 38-39. The first step in this "drill down" is at page 9S, with the first column on the right of page 95 matching the third column from the right on page 39. Next, each of the three columns on the left of page 9S is further broken down on pages 103-105, pages 135-137 and pages 144-145, respectively. Q5: Why doesn't the budgeted property tax revenue shown on the General Fund Budgetary Comparison Schedule at CAFR page 86 agree with the levy information included in the City's recently proposed four-year plan? A5: When trying to match up CAFR page 86 with any information on the City's tax levy there are several points to bear in mind: • The City's entire tax levy is not recognized in the General Fund. • A portion is recognized in the Library Fund -CAFR page 110. « A portion is recognized in the EDA Administration Fund -CAFR page 121. • At CAFR page 121, the EDA's portion of the City tax levy is combined with the HRA tax levy. • At CAFR page 86 the difference between the original and final budget for taxes is the market value homestead credit. This is explained at CAFR page 2S in the first bullet point under the heading "General Fund." Service Is Our Business THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BA IS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Q6: Where can I find tax increment financing (TIF) information? A6: The funds used to account for TIF are reported at CAFR pages 132-133 and 136-137. In addition to the information in the CAFR, the EDA files annual TIF reports with the State; these include a history of each district's activity. It should be noted that the Scattered Site TIF reported in the 2008 CAFR is only the old scattered site project that is now decertified {discontinued) and under which na project expenditures ever occurred. The new scattered site TIF district recently approved by the City Council and EDA began in 2009 and is not in the 2008 CAFR Q7: Has the City incurred losses on its investments as a result of the turmoil in the financial markets in the past year? A7: The short answer is no. One of the types of investments that the City holds are bank certificates of deposit (CDs). A couple of banks that issued CDs held by the City did go into default, but the successor banks that took them over also covered the payments on the CDs. Even if the successor banks had not done so, the City's investment policy limits the amount invested at each bank to that which is covered by federal deposit insurance (FDIC.) Q8: What did the City earn on its investments in 2008? A8: 2008 interest income was approximately 3.5% of average cash and investment balances, after factoring out the temporary changes in the market value of the City's investments. Q9: Can you provide a list of the bond ratings and interest rates received at recent bond sales for other metro area cities? A9: This item is not part of the CAFR. It was however provided by the City's financial advisors, Ehlers and Associates, and is attached. Note that a good list of sales for the metro area only is not available, so the attached list is for recent sales in the Midwest. Note also that several communities have switched from Moody's to Standard and Poor's for bond ratings. Therefore, the Standard and Poor's rating on the attached list is probably based on more current data than the Moody's rating for any given community. Q10: Can you provide a breakdown of the auditors' fee? A10: This item is not part of the CAFR. It was however provided by the City's auditors HLB Tautges Redpath, Ltd. and is attached. The auditors base fee has not increased in several years. The auditors and City Staff have succeeded in increasing the efficiency of the process, which has enabled them to freeze the base fee. New additional fees have been incurred to meet additional testing and reporting requirements issued by the Govenunental Accounting Standards Board and the .American Institute of Certified Public Accountants. Service Cs Ortr Btrsiuess THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BANS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Standard & Poor"s GO Bond Ratings Obligor State Rating Outlook Gaylord MN A STABLE Grand Marais MN A STABLE Montevideo MN A STABLE Morrison Cnty MN A STABLE New York Mills Vill MN A STABLE Nicollet MN A STABLE Park Rapids MN A STABLE Pine Island MN A STABLE St. Joseph MN A STABLE Thief River Falls MN A STABLE Wanamingo MN A STABLE Hallock MN A- STABLE Osseo MN A- STABLE Arden Hills MN A+ STABLE Cambridge MN A+ STABLE Carver MN A+ STABLE Cologne MN A+ STABLE Faribault Indpt Sch Dist #656 MN A+ STABLE Isanti MN A+ STABLE Itasca Cnty MN A+ STABLE Janesville MN A+ STABLE Luverne MN A+ STABLE Norwood Young .America MN A+ STABLE Pennington Cnty MN A+ STABLE Proctor MN A+ STABLE Springfield MN A+ STABLE Waite Park MN A+ STABLE Alexandria MN AA- STABLE Anoka-Hennepin Indpt Sch Dist #11 MN AA- STABLE Belle Plaine MN AA- STABLE Buffalo MN AA- STABLE Chainplili MN AA- STABLE Credit River Twn MN AA- STABLE Dodge Cnty MN AA- STABLE Duluth MN AA- STABLE Eagle Lake MN AA- STABLE Farmington MN AA- STABLE Hopkins MN AA- STABLE 9 Milaca MN AA- STABLE North St Paul MN AA- STABLE Rockville MN AA- STABLE Sartell MN AA- STABLE St Michael MN AA- STABLE St. Bonifacius MN AA- STABLE St. Paul Pk MN AA- STABLE Wabasha Casty MN AA- STABLE Chaska MN AA STABLE Columbia Heights MN AA STABLE New Brighton MN AA STABLE Roseville MN AA STABLE Sherburne Casty MN AA STABLE St. Anthony MN AA STABLE St Paul Indpt Sch Dist #625 MN AA STABLE Stearns Casty MN AA STABLE Victoria MN AA STABLE Waconia MN AA STABLE Winona Casty MN AA STABLE Andover MN AA+ STABLE Bloomington Indpt Sch Dist #271 MN AA+ STABLE Byron MN AA+ STABLE Cottage Grove MN AA+ STABLE Dakota Casty MN AA+ STABLE Eagan MN AA+ STABLE St Cloud MN AA+ STABLE Chanhassen MN AAA STABLE Anoka Casty MN AAA STABLE Bloomington MN AAA STABLE Edina MN AAA STABLE Hennepin Casty MN AAA STABLE Minneapolis MN AAA STABLE Minneapolis St Paul Metro Arpts Comm MN AAA STABLE Minnesota MN AAA STABLE Olmsted Casty MN AAA STABLE Ramsey Casty MN AAA STABLE Rochester MN AAA STABLE Roseau Casty MN AAA STABLE St Louis Pk MN AAA STABLE St Paul MN AAA STABLE St Paul Port Auth MN AAA STABLE Washington Casty MN AAA STABLE 10 BOND RATINGS Moodys Aaa Bloomington, MN Eden Prairie, MN Edina, MN Minneapolis, MN Minnetonka, MN Orono, MN Plymouth, MN Rochester, MN Moodys Aa1 Apple Valley, MN Burnsville, MN Eagan, MN Golden Valley, MN Maple Grove, MN Roseville, MN St Louis Park, MN Wayzata, MN Woodbury, MN Moodys Aa2 Blaine, MN Brooklyn Park, MN Coon Rapids, MN Cottage Grove, MN Deephaven, MN Fridley, MN Lakeville, MN Maplewood, MN Mendota Heights, MN Shoreview, MN Shorewood, MN St Paul, MN Winona, MN Moodys Aaa Chanhassen, MN Duluth, MN Elk River, MN Inver Grove Heights, MN Lake Elmo, MN Lino Lakes, MN Mankato, MN Medina, MN Minnetrista, MN Mound, MN Mounds View, MN New Brighton, MN Oakdale, MN Owatonna, MN Prior Lake, MN Ramsey, MN Richfield, MN Rosemount, MN Savage, MN Shakopee, MN St Cloud, MN Stillwater, MN Vadnais Hghts, MN West St Paul, MN White Bear (Town of), MN White Bear Lake, MN Moodys Al Albert Lea,, MN Andover, MN Anaka, MN Austin, MN Brooklyn Center, MN Champlin, MN Columbia Heights, MN Crystal, MN Fairmont, MN Falcon Heights, MN Faribault, MN Forest Lake, MN Ham Lake, MN Hastings, MN Hopkins, MN Hugo, MN Little Canada, MN Mahtomedi, MN New Hope, MN New Ulm, MN Nisswa, MN North St Paul, MN Northfield, MN Red Wing, MN Robbinsdale, MN Rogers, MN South St Paul, MN St Anthony (Hennepin County), MN St Michael, MN Willmar, MN 11 Moodys A2 Afton, MN Albertville, MN Alexandria, MN Baxter, MN Bemidji, MN Big Lake, MN Brainerd, MN Buffalo, MN Centerville, MN Circle Pines, MN Cloquet, MN Columbus, MN Dayton, MN Delano, MN Detroit Lakes, MN East Bethel, MN Excelsior, MN Farmington, MN Fergus Falls, MN Grand Rapids, MN Hanover, MN Hermantown, MN Hibbing, MN Hutchinson, MN Kasson, MN Lake City, MN Marshall, MN Monticello, MN Moorhead, MN New Prague, MN North Branch, MN North Mankato, MN Oak Grove, MN Oak Park Heights, MN Otsego, MN Sartetl, MN Sauk Rapids, MN Sleepy Eye, MN Springlike Park, MN St Charles, MN St Paul Park, MN Stewartville, MN Victoria, MN Waseca, MN Worthington, MN 12 'Nh Y N :~+ fcff G Q>~ 7 -~--~ s... 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The engagement letter is essentially a continuation of our engagement letter dated August 2I, 2001. As such, l leave labeled the document as addendum #8. For your reference, the table below summarizes the chronology of engagement letter addendlarns. 2001 zoo2 zw3 2ooa zoos ` 2DOG 2on7 2aDs originalcngagementletter(8/21/0!) $ 34,765 $ 35,440 $ 36,130 $ 36,830 $ - $ - $ - $ - addendum #L , SA5 99 - - - - - i - - QASB 34 - 3,000 - - - ~ - - - addendum tI2 (3R3/U4) SAS 99 - - 2,SD0 - - - - - GASB 34 - - 3,000 - - - - - CAFRpreparation - - 8,650 - - - - - addendum N3 (3/24/DSk j Wording change only - - - - i - - - addendum iW (5/ZS/OS): SAS 99 2, SOD - ~ - - GASB34 - - - 3.000 - ' - - - addendum NS ((/18/06} j Base tee SAS 99 - - - - - - - - 36,830 I - 2600 ~ - - - - - GASB 34 - - - - 3,OW j - - - addendum N6 (08123/06): Base i'ee - - - - - ~ 36,830 36,830 36830 SAS 99 - - - - - t 2,SW 2,SU0 2,500 GASB 34 - - - - - I 3,OOD 3,000 3,UW addendum fl7 (9/14/07) and addendum t18 (10/3108): I~Increased scope related to addirional standards in Iieuol'acostof' livingincreuse 2,000 4,('X10 4,OOD -fit Dd / $34,765 $38,440 $SD,28U $42,330 $42,330 , $44,330 $46,330 J I i°Additionalslatelegal eompliancesections (othermiscetlaneous provisionsandlaxincrementprovisions; additional accounting standards(GASB54ntements40throt h47;Y'ullanlelrenrationauditin statxiardsSAS104drrou ill(. 45'10 1Glllite Bear Parkway White Bear Lake, Minnesota 55110 ~ 651 426 7000 651 426 5004 Fax ~ www.hlhrccom i303 South Frontage Road Suite 13 Hastings, Minnesota 55033 651 480 4990 651 426 5004 Fax E£' ~voT~ ~9-t3 p vE- IIIB tdulyes Nedpalh.l ld is ~nnen~bkr ul i Illilh!;I(I1V1:11.8 W0illl Wirt:^1Ij;0ii/.ii1161 UI;iCL!It!n(illy lit!!IS:11111 iplIIX'S5:k1VI5pfG Iu26?Ua.l 20 OFFICIAL PROCEEDINGS CITY OF COLUMBIA IIEIGHTS CITY COUNCIL MEETING JUNE 22, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 22, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Resolartions may be found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions 2009-91, 2009-92, and 2009-93 in that the properties have been brought into compliance. Nawrocki requested an update on the RIBS program, the cable franchise renewal, public safety building costs, and the new gymnasium costs. Peterson stated these will be answered under the Manager's Report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation Mayor Peterson introduced Congressman Keith Ellison. Ellison stated his gratitude for local government letting him know the wishes of the local people and invited the Council members to visit him in Washington, D.C. He stated he speaks to all cities in the St" Congressional District. Ellison referred to his efforts to obtaining funding for the gateway pedestrian bridge construction. This project is a high priority and will be a signature amenity for Columbia Heights. Ellison stated the North Star Commuter Rail stop is a high priority project for the City of Fridley. Items happening in Washington are: markups on the healthcare bill (being called a "public option"), and the six year reauthorization transportation plan. Ellison stated that he has co-authored a transportation bank bill, which would create six million jobs. He explained the recently passed credit card bill of rights. An anti-predatory lending bill was also passed, which he contributed to. Also coming up is the American Clean Energy Security Act to create clean energy jobs and work toward a better environment. Ellison asked for questions or input. Diehm thanked. him for his work on our bridge project, as it is for the safety of our school children and is a gateway to our community. She also thanked him for his efforts on the Universal Default law. She became aware of the horror stories associated with credit cards by reading a paper her son wrote on the subject. Regarding being close to the people, as local decision makers we are affected by upper government, like our state government that will not raise taxes and yet they are balancing the budget by cutting our state aid. We are the ones Left to deal with those measures. Nawrocki commended Congressman Ellison's work on the health care issue. Nawrocki stated that he had requested aid for the public safety building rather than the bridge, which belongs to the State; they should handle it, considering the liability included. Ellison stated that he continues to work on funding for the public safety building. Williams thanked him for his support of the bridge. Kelzenberg thanked him for all he does. 21 City Council Minutes Monday, June 22, 2009 Page 2 of 14 Peterson also thanked Congressman Ellison for his hospitality during their visit to Washington and thanked him for keeping the lines of communication open. Peterson referred to partnerships and working with the School District to build two gyms. This shows what can be accomplished by working together. Peterson introduced the representative of CenterPoint Energy to present the Community Partnership Grant. Tom Posteric, resident and employee for CenterPoint Energy, listed his association with the company. He stated that this grant is a check for $2,000 to purchase protective clothing for the fire department. Motion by Nawrocki, second by Williams, to accept the CenterPoint Energy Grant donation. Upon vote: All ayes. Motion carried. Peterson stated that Crest View facilities at 4444 Reservoir Boulevard will have an open house this Thursday and everyone is invited. CONSENT AGENDA Nawrocki requested the removal of items F and H for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the June 8, 2009, City Council meeting Motion to approve the minutes of the June 8, 2009, City Council meeting. B. Accept the minutes of the Columbia Heights Boards and Commissions Motion to accept the May 6, 2009, minutes of the Library Board meeting. C. Request Transfer of Funds from General Fund to Police Dept Budget to Reimburse Overtime Fund re: Off-Duty Employment Assi ng menu Motion to transfer the $850.00 received from CHHS and Unique Thrift Stores from the General Fund to the Police Department 2009 Budget line item 1020, Police Overtime. D. Approve the reissuance of the license to operate a rental unit(s) within the City of Columbia Heights at 4207-09 2nd Street N.E. Motion to issue arental-housing license to Marietta Bornholdt to operate the rental property located. at 4207-09 2nd. Street N.E., in that the provisions of the Property Maintenance Code have been complied with. E. Authorize Staff to seek bids for 2009 Sanitary Sewer Pipe Lining Project Motion to authorize staff to seek bids for the 2009 Sanitary Sewer Pipe Lining Project for the pipe segments identified. herein. F. Adopt Resolution 2009-81, being a Resolution Authorizin the City to enter into an aureement with MnDOT to act as the City's went in accepting Federal Funds under the Federal American Reinvestment and Recovery Act (ARRA) -removed G. Accept Work and Authorize Final Payment for Sanitary Sewer Lining, Project 0804 Motion to accept the work for Sanitary Sewer Lining, City Project No. 0804, and to authorize final payment of $5,286.16 to Insituform Technologies, USA, Inc. of Chesterfield, Missouri. 22 City Council Minutes Monday, June 22, 2009 Page 3 of 14 H. Distribute 2008 Comprehensive Annual Financial Report and the Independent Auditors' Report/Set Date for Presentation by Auditor -removed I. Approve attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code Diehm stated that 1000 Peters Place is on the list. She asked. if they have been fined. Fehst stated that they were fined, but this property has not been the problem it was in the past. Motion to approve the items listed for rental housing license applications for June 22, 2009. J. Approve Business License Applications Nawrocki asked if the police have approved the licenses. Fehst stated yes. Diehm asked if the ice cream truck is just for the jamboree or for general use. Fehst will check and get back to her. Motion to approve the items as listed on the business license agenda for June 22, 2009 as presented. K. Approve Payment of the Bills Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 130646 through Check Number 130819 in the amount of $1,165,665.99. Motion by Williams, second by Diehm, to approve the Consent Agenda items with the exception of items F and H. Upon vote: All ayes. Motion carried. F. Adopt Resolution. 2009-81, being a Resolution Authorizing the City to enter into an agreement with MnDOT to act as the City's agent in accepting Federal Funds under the Federal American Reinvestment and Recovery Act (ARRAS Nawrocki stated his feeling that this is the State's responsibility. They should build the bridge and. maintain it. Also, one-half of the bridge is located in the City of Hilltop. Nawrocki stated that the $3,000,000 has not been approved. and questioned what the city will have to contribute. Hanson stated there is a $2,570,000 grant and $475,000 grant through Ellison's office, which require an 80- 20 match. We anticipate a cost of $3.2 million and will continue to search other resources to assist with the matching funds. 1f no other funding is obtained, there may be state aid money used. Nawrocki questioned if any one has spoken to representatives of the drug store. Hansen stated that he and our agent have spoken to both adjacent property owners regarding the bridge. Diehm stated her comfort with. this resolution allowing MnDOT to accept funds on our behalf. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2009-81, there being ample copies available to the public. Upon. vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2009-81, being a resolution authorizing the City of Columbia Heights to enter into Agreement No. 94788 authorizing MnDOT to act as the City's Agent in accepting Federal Economic Stimulus Funds for City Project No. 0906, TH 65 Pedestrian Bridge. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes - 1 abstention. Motion carried. H, Distribute 2008 Comprehensive Annual Financial Report and the Independent Auditors' Report/Set Date for Presentation by Auditor 23 City Council Minutes Monday, June 22, 2009 Page 4 of 14 Nawrocki stated that this eliminates the Council's ability to meet with the auditor to ask questions. The budget and audit are very important items and we should spend more time on it than this. He stated that he does not want to read and understand the audit by himself. Diehm stated her understanding that this presentation will be an improvement. In the past we sat in a small room with very limited attendance. It was felt that it would make more sense to distribute the audit books, allow three or four weeks to look at them, have the ability to meet with staff, refine our questions, and the auditors have agreed. to make a presentation at a council meeting on T.V. If there are questions, they would be able to look at them ahead of time. This will allow a very open and transparent discussion. She stated that no one is limiting the number of questions to be asked, but would limit the time spent during the televised public portion of the meeting. Members can ask questions for hours and hours ahead of time. Motion by Diehm, second by Williams, to recognize that the 2008 Comprehensive Annual Financial Report for the City of Columbia Heights including the Independent Auditors' Report, and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 22, 2009, and to schedule a brief presentation by our auditor for the July 13, 2009 City Council meeting, and to request that any questions related to the financial report or audit be submitted to staff by July 6, 2009. Nawrocki stated this will be the worst audit presentation he has been involved with. It was described at the work session as a presentation, and now is described as a brief presentation. It is a ludicrous procedure. Peterson stated that we have just been elevated to the AA bond rating and. our finance department continues to receive awards for their audit. Nawrocki stated that we pay extra for that citation. Fehst stated that we pay an administrative fee. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. PUBLIC HEARINGS A. Adoat Resolutions 2009-85.4916 Tvler Street N.E.. 2009-86, 4657-59 5th Street N.E.. 2009-87 1401 46th Avenue N.E. 2009-88 654-56 47th Avenue N.E. 2009-89 3723 Jackson Street N.E.. 2009-90, 5009 4th Street N.E., 2009-91, 4357 Tyler Place N.E., 2009-92, 4648 Polk Street N.E.. and 2009-93, 1324-26 Circle Terrace Blvd. N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes Fire Chief Gary Gorman listed violations for the properties. Diehm questioned Resolution 2009- 86 and 91 being identical. Gorman stated there was an address error on Resolution 2009-91, but that property was given an extension. Nawrocki stated that 3723 Jackson has tall grass and weeds. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2009-85, 86, 87, 88, 89, and 90, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution Numbers 2009-85, 86, 87, 88, 89, and 90, being Resolutions of the City Council of the City of Columbia Heights approving 24 City Council Minutes Monday, June 22, 2009 Page S of 14 revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed, Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2009-94, 961 37th Avenue N.E. and 2009-95, 141.2 Parkview Lane N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights Gorman. stated the abatement violations. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2009-94 and 95 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2009-94 and 95 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 properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki. stated that 4506 and 4508 Fillmore have tall grass. C. Adapt Resolution 2009-84 Approving a Modification to the Downtown Central Business District CBD) Revitalization Plan and Modifying the TIF plan for University Avenue (C8) Motion by Kelzenberg, second by Williams, to waive reading of Resolution 2009-84 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-84, approving a modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project; and a Modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8) Tax Increment Financing District. Scott Clark, Community Development Director, referred to the City's goal to improve our housing stock. We will begin the "Make Heights Your Home" program, down payment assistance program, have the abandoned and vacant property ordinance (currently with 1.1.0 homes certified under the program and 25 inspections), changed how we do initial rental approvals (with. 80 new rentals -mainly single family conversions), and on July 20 we will have open house meetings on the point of sale program. We are working with Anoka County on a neighborhood stabilization program. They have purchased seven properties, five of them are in Columbia Heights. Clark stated this request is to proceed with a Scattered Site Housing program by purchasing properties that are functionally obsolete, have structural issues, and/or with mold remediation. We will look at three additional purchases in the near future. The district will cover the amount paid and the sale of the property. We hope to pick up 25 to 30 properties to demolish and sell again when the market improves. The issue is where to find the money and the suggestion is to modify the University Avenue TIF District, known as the C8 District. The district will decertify at the end of 2010. To spend the funds and use them for another purpose, we need to do a tax increment financing plan modification. This changes the 1983 plan. Nawrocki questioned the packet information referral to actual expenditures and future expenditures. This district should have been decertified, rather than allowed to accumulate funds. The funds should have only been collected to pay costs incurred. Clark stated that these funds 25 City Council Minutes Monday, June 22, 2009 Page 6 of 14 were collected as a debt service reserve. This is a redevelopment district. The principal use of the funds are done, but can be used for additional redevelopment. Nawrocki gave his opinion that these funds should have been used to reduce the tax rate. He stated that $300,000 is slated for administrative costs. Clark stated the budget reflects past actions and everything will be used for property acquisition. Nawrocki requested a specific explanation of the funds. Clark stated that the transactions are from 1985 to present. Clark explained the lengthy process to complete a district modification. The effective motion was handled through the EDA for a scattered site district. Nawrocki questioned specific wording in the document. Clark stated the requirement to update the 1985 document is necessary for the Secretary of State's Office. Clark stated that this does not authorize expenditures; such actions must be approved by the EDA or City Council. Clark stated that the funds are finite, as the district ends in 2010. Clark stated the $2.8 million refers to the amount paid out of the district since 1985. Nawrocki stated this again takes funds away from property tax relief and payment of city services. Bob Odden, 1201 42%2 Avenue, questioned why the commercial area is included. Clark stated the dollars released through the modification would allow purchase of property anywhere in Columbia Heights. Clark stated there is a separate program for the Sheffield area. This is for a scattered site district, to huy the worst of the worst properties in the city. Fehst stated that the Council should speak up if this is something they want to do. Some homes are not in good shape and this would allow replacement of substandard housing with new homes. Odden suggested this be handled by private citizens. Fehst stated this is long overdue. Odden disagreed with double digit property taxes. Diehm stated this is a modification of the district, changing from a specific area to anywhere in our community. Peterson stated the goal is to help keep people from living in substandard homes. Nawrocki stated there is merit to the program to work on some of the homes, but when committing tax dollars it should be done through the overall yearly budget. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. TTEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution No. 2009-82 and Resolution No. 2009-83 Authorizing Fire Department Mutual Aid Agreements Gorman stated. this request included two mutual aid agreements; one with other Anoka County agencies and one with the DNR, which is an upgrade of the current agreement. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2009-82 and Resolution No. 2009-83, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2009-82 and Resolution No. 2009-83, being Resolutions authorizing Fire Department Mutual Aid Agreements. 26 City Council Minutes Monday, June 22, 2009 Page 7 of 14 Nawrocki asked if we are in another mutual aid agreement. Gorman stated we are also part of the North Suburban Mutual Aid Group. There are no significant changes, just clarifications and more current regulations. To answer Councilmember Nawrocki, Gorman stated that municipalities can pay other municipalities for their time, such as the Carlos Avery fire. Generally, there is no charge for local mutual aid. The DNR is part of the Anoka County Fire Protection Plan and this agreement would allow us to use some unique equipment that the DNR has. This includes a general rate schedule for municipalities to use. Upon vote: Ali ayes. Motion carried. B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Manager July 6 work session: phone system update, project change orders for mill and overlay, Sullivan and Silver Lake projects, security for Murzyn Hall and consideration of bar management, EMS taxing district, Hennepin Tec College training offer, fees for excessive calls for police service. Cable franchise renewal: A meeting was held with our attorney and the Comcast group. We have agreed on the city's position and their position is that we remain the only unit of government that has a community access building that they must retain. Nawrocki stated he has been attending the meetings. This body should discuss if they eliminate the cable studio how far we want to go to put together programs like they are now. Update on the public safety building: We meet on a weekly basis and communicate daily with the construction manager. The intent is to come in at $11.5 million, and be in the building at the end of September or beginning of October. We continue to look at furniture and appliances, phone systems, computers, etc. Gymnasium costs: $3,154,000 -with some invoices still outstanding and a punch list to complete. Fehst described. the opening ceremony. We will reach our budget of $3.5 million. Public hearings: Home inspection information meeting on June 29 and July 20 at Murzyn Hall. Meeting input will be passed on to the City Council. Nawrocki indicated the program is for home sale inspections. Report of the City Attorney -nothing to report. CITIZENS FORUM Curt Olson, 3732 Buchanan Street, stated concern for the group home proposed at 3753 Buchanan Street. He described extremely disturbing information they have heard about this group home. He questioned if the owners will reside on the premises, who are they accountable to, and will there be random checks on the residents/patients and by whom. Residents strongly want their concerns addressed. There is already an empty lot, a foreclosed home, and amulti-family home on their block. Olson stated they tried to speak to the owners, but were told it was not any of their business. Fehst indicated that State law takes the city out of the licensing process. There are a lot of them in town and we do not find out about them unless they are a big problem. Fehst suggested that the owners meet with the neighbors to answer their questions. 27 City Council Minutes Monday, June 22, 2009 Page 8 of 14 Diehm stated that if they are serving six or less patients, we can not regulate the facility. Jim Hoeft, City Attorney, stated that the City does not have involvement with regulation of the property. There are HIPPA laws covering who is there and what kind of care they are to receive. They are not very conducive to getting information to the neighborhood. Diehm stated we can help facilitate getting information. Debra Olson stated she spoke to the owner of the group home and they were defensive and rude. She had requested a meeting with the owner and was told that they did not have to do so. Rather than calm her fears, the owner made it worse. Fehst stated it would be best to work with them and meet with them. Peterson stated that we will help to obtain as much information as we can. Staff has looked into the restrictions. Peterson asked that the contact name be given to the Community Development Director. Fehst stated that we will contact the neighbors with information we receive. Nawrocki stated he was contacted and spoke to one of the owners. They have facilities in Fridley, Minneapolis, and one in Columbia Heights. They are licensed by the State and administered by the County. You can not learn the resident's medical issues. They are called adult foster care facilities. The first year the license is for one year, with a two year license for following years. Nawrocki read the requirements of the County and gave a County contact name. Debra Olson stated that the County person only indicated they needed to contact the building owner. COUNCIL COP:NER Kelzenberg • Thanked Councilmember Williams and Bobby and Steve's Autoworld for hosting the fundraiser. It was enjoyable. Williams • Raised about $25,000 for the playground equipment. • Jamboree this week -hope everyone has a good time. Diehm • Gym grand opening -encouraged everyone to stop in -this is a great testament to two entities working together. • Listed the Jamboree activities: parade Friday at 6 p.m. and fireworks Saturday at dusk. The Ambassador program will be on Sunday. Nawrocki • People with concerns about a house inspection program should attend the meeting on June 29`" at 6:00 p.m. • The gym grand opening was interesting, with accolades given. They forgot to thank the taxpayers. • Concerned about property taxes and the people of the community. It is important to analyze what we really need. Peterson • The opening of the gyms was exciting -especially for our youth. Stated his pride in the city, school district and our citizens. Team work is showing all through our community, including the gyms and public safety facility. Lighhouse of Columbia Heights, an assisted living facility, is moving forward. The park shelters are looking great and our parks are in great shape. We are a good community working together as a team. • Don't forget our service men and women. • Don't miss the Heights Idol competition -there are great, talented people in our community. • Don't take ourselves too seriously and do a random act of kindness. 2s City Council Minutes Monday, June 22, 2009 Page 9 of 14 ADJOURNMENT Mayor Peterson adjourned the meeting at 9:26 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-81 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO AN AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF COLUMBIA HEIGHTS FOR FEDERAL PARTICIPATION IN CONSTRUCTION BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Columbia Heights to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager, are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 94788", a copy of which said agreement was before the City Council and which is made a part hereof by reference. RESOLUTION 2009-85 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 Ahmed Al-Beheary (Hereinafter "License Holder"). Whereas, license holder is the legal. owner of the real property located at 4916-491.6-1/2 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 June 10, 2009 of an public hearing to be held on June 22, 2009. 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 I5, 2009, 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 June 2, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit 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 e The rental license belonging to the License Holder described herein and identified by license number F9171 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. 29 City Council Minutes Monday, June 22, 2009 Page 10 of 14 RESOLUTION 2009-86 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 Howard L. Lapides (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4657-4659 5"' Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 12, 2009 of an public hearing to be held on June 22, 2009a Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 16, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 12, 2008 and December 4, 2008 extensions of time were requested and granted to the property owners 3. That on January 6, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. That on January 15, 2009 a seasonal extension to June 2, 2009 was granted. 4. That on June 2, 2009 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. 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-wit: Shall install proper flashing on all windows installed (basement, egress), the Building Official never finalized the new windows put in. The Building Official inspected the windows and stated that to meet code proper flashing must be installed. 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 F9346 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 2009-87 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 Ernest Onyia (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1401 46`h Avenue, 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 June 4, 2009 and on June 9, 2009 of an public hearing to be held on June 22, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on April 23, 2009 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 I5, 2009 office staff mailed rental license renewal paperwork by regular mail to the owner at the address listed on the Rental Housing License Application. 3, That on May 31, 2009 office staff reviewed the property and noted that the renewal license application had not been received in the office. Statemen of Cause notices were mailed to the owner at the address listed on the Rental Housing License Application and posted on the property. 30 City Council Minutes Monday, June 22, 2009 Page 11 of 14 4. That on June 4, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 5. That on June 16, 2009 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 6. That 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 repair the fence on the east side of the property and shall submit a renewal rental license application and applicable fees 7. 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 F9299 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 2009-88 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 David Holton (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 654-56 47-1/2 Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, 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 June 9, 2009 of an public hearing to be held en June 22, 2009. 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, 2009, 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 June 2, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit 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 F9172 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 2009-89 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 Lilliana J. Letran (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3723 Jackson Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 9, 2009 of an public hearing to be held on June 22, 2009. 31 City Council Minutes Monday, June 22, 2009 Page 12 of 14 Now, therefore, In accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 15, 2009, 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 June 9, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees and failure to schedule an annual rental relicensing 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 F9197 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 2009-90 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 Porfirio Perez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5009 4`h Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 26, 2009 of an public hearing to be held on June 22, 2009. 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 May 12, 2009, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection 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 26, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit 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 U5009 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 2009-94 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article Il, of City Code, of the property owned by Deutsche Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 961 37`h Avenue N.E. Columbia Heights, Minnesota. 32 City Council Minutes Monday, June 22, 2009 Page 13 of 14 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 1, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council. of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on December I, 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 June 1, 2009 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 June 12, 2009 inspectors reinspected the property and found that eight violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall install sod or seed or approved landscaped material on large bare area west of the driveway 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 961 37`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 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 961. 37`h Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-95 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 Edith J. Johnson (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 1412 Parkview Lane 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 June 4, 2009. 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 23, 2009 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 4, 2009 inspectors re-inspected the property listed above. Inspectors noted that four 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 June ] 2, 2009 inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall replace all/any siding on the house B. Shall replace all/any missing downspouts C. Shall remove all areas of scrub growth D. Shall repair all/any ripped/torn screens E. Shall replace all/any missing screens 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 1412 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City 33 City Council Minutes Monday, June 22, 2009 Page 14 of 14 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 1412 Parkview Lane 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 N0.2009-82 BEING A RESOLUTION AUTHORIZING A JOINT COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT BETWEEN MUNICIPALITIES IIV ANOKA COUNTY WHEREAS, the City of Columbia Heights is a member of the Anoka. County Fire Protection Council and its Fire Chief is its authorized representative, and; WHEREAS, a mutual need exists between members of the Anoka County Fire Protection Council to share and assist one another in the areas of fire suppression, prevention, training, public education, arson investigation, disaster control and mitigation, and; WHEREAS, the City of Columbia I-Ieights considers it to be in the best interest of the City to enter into a mutual aid agreement with the other members of the Anoka County Fire Protection. Council. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into a mutual aid agreement with other members of the Anoka County Fire Protection Council and hereby authorize the Mayor to sign such an agreement. RESOLUTION N0.2009-83 BEING A RESOLUTION AUTHORIZING A JOINT COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES WHEREAS, The state of Minnesota as authorized by M.S. 84.025, allows the Department of Natural Resources (DNR) to enter into cooperative agreements with Municipalities, and; WHEREAS, The Commissioner of the Department of Natural Resources is requesting a Cooperative Fire Protection. Agreement with Anoka County fire departments to provide assistance only when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into a cooperative agreement with the State of Minnesota, Department of Natural Resources in the prevention and suppression of wildland fires as authorized under M.S. 88.04 and hereby authorize the Mayor to sign such an agreement. 34 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE REGULAR MEETING May 27, 2009 The meeting was called to order at 6:00 pm by President-Gary Peterson. Members Present: Gary Peterson, Bruce Nawrocki, Marlaine Szurek, Gerry Herringer, Tammera Diehm, Bobby Williams, and Bruce Kelzenberg. Staff Present: Scott Clark, Sheila Cartney, Larry Pepin, and Shelley Hanson. Others from Community: Carolyn Laine (House Representative) and Jim Kordiak (County Commissioner) This was a joint meeting with members of the Planning & Zoning Commission for the purpose of touring various properties throughout the city that were used as examples for a possible Housing Protection Inspection Program. Members were provided with a copy of the mock inspection report done on each home so that they have a better understanding of what corrections may be required if the City chooses to implement the Heights Housing Protection Program. The homes toured included: 4553 St" Street (Anoka County is purchasing this property with NSP funds) 4108 T" Street (The City purchased this property) 4502 Washington St (The City purchased this property) 4618 Polk Street (The City purchased this property) At the end of the tour the meeting was re-convened in Conference Room 1 to continue with the Regular meeting. 2. PLEDGE OF ALLEGIANCE- RECITED 3. CONSENT AGENDA 1. Approve the Minutes of April 28, 2009- Nawrocki questioned whether the letter was sent to Anoka County to open the discussion regarding the Levy money and how it will be disbursed as referenced in the minutes. Clark said that the letter has not been sent yet. Nawrocki then. questioned why the proposed schedule for the Heights Housing Protection Program was not included in the minutes. Clark said it was because the schedule was prepared to show a tentative timeline for the process if the Board decided to proceed. The Board did not take formal action to proceed, therefore, the schedule was not approved in any fashion. A new tentative schedule has been prepared for discussion at this meeting. 2. Approve the Financial Report and Payment of Bills for March and April per Resolution 2009-16 Nawrocki questioned the various funds listed in the financial report. He wanted to know the difference in the 201, 204, and 420 funds. Clark explained. the 201 fund is the general operating account for the Inspections/Community Development Departments; the 204 fund is a holding fund for the EDA/HRA levies, some of which get transferred to the 201 fund; and the 420 account is an account for capital expenses outside of the normal operating budget, used. for things like purchasing properties. Nawrocki also asked what the HRA-5 way split was, Clark said he would have to check into that and report back at the next meeting. 35 Economic Development Authority Minutes Page 2 May 27, 2009 Nawrocki then questioned some of the individual bills: $119 to Fidelity Services was for the Cleaning Company. $700 for Fire Instruction and Rescue was the fee incurred to have the Fire Department burn down one of the City owned properties in lieu of having it demolished by an Independent company for a higher fee. Herringer questioned if "demol." meant demolition expenses as listed on the financial report. Clark told him that was correct. He also asked if the payment to ProSource was for environmental worke Clark confirmed that. And the payment to Huset Park Development Co for $56,334.36 was questioned. Clark explained that was a refund after expenses to the Company from an escrow that had been held in the original amount of $ 130,000. Motion by Szurek, seconded by Williams, to approve the consent items as listed. All ayes. MOTION PASSED EDA RESOLUTION 2009-16 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR MARCH AND APRII, 2009 AND PAYMENT OF BILLS FOR THE MONTH OF MARCH AND APRIL 2009. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of March and Apri12009 and the list of bills for the months of March and Apri12009 are attached hereto and. made a part of this resolution; and WHEREAS, the EDA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE TT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE TT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper fields; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 27th day of May , 2009. MOTION BY: Szurek SECONDED BY: Williams AYES: All ayes 36 Economic Development Authority Minutes Page 3 May 27, 2009 BUSINESS ITEM5 4m DISCUSSION AND DIRECTION ON PROTECTIVE INSPECTIONS PROGRAM Clark explained that the tour earlier this evening was to give Board members examples of inspection report results of various homes if a Housing Inspection Program was approved for properties being sold in Columbia Heights. He stated that City Officials and staff had no idea last year how bad things would get with the foreclosure housing crisis, and what the impact would be on our neighborhoods. He said even though several programs have been initiated, these programs won't help maintain our entire housing stock. The condition of our houses affect our neighborhoods, which in turn, affect the general condition of our city as a whole. The inspection examples provided this evening were to give the members of the EDA Board, the City Council, and the Planning Commission a better understanding if it is decided to proceed with this program. Clark stated he knows that it is a difficult decision to make and that the Council will probably face some opposition, but that a point of sale inspection could benefit the community. He said staff is looking for direction on whether to proceed with Public Meetings regarding this matter. The Inspection Program would be required prior to a property being sold and would require some level of compliance for property maintenance. Clark said a lot of the sales taking place out there now are fire sales that banks and mortgage companies are trying to simply remove their liabilities. These properties are being turned over "as is" without any disclosures being made regarding the condition of the property. Eric Meyer from the North Metro Realtors Assoc. stated that he represents a large group of realtors and that they are against this type of inspection program. He said the Point of Sale Inspection Programs are a tool for the cities who have them, but make the process of selling a house more difficult. He believes there are enough programs available now through the federal government, the County, and the Cities themselves, to help owner's purchase homes. He also stated that Columbia Heights sales of foreclosed properties are higher than any other city around us. He thinks that our sales will continue to rebound at a faster rate because of our location and the affordability of the homes. Meyer went on to say that a high rate of rental property is advantageous to the city because they bring in higher taxes. Szurek strongly disagreed with him. The increase in the number of rental. property brings other problems with it because the residents tend to be transient and are not committed to being a part of the community. These problems cause expenses to a City that far outweigh any additional tax revenues. Diehm agreed there are tools and funding available to us, but what tool out there gives us access to these homes? There are funds if people want to rehab a house, but what about those homes that are not being maintained or repaired. She said that many buyers will hire an independent inspector before purchasing a home, but many do not. Many cannot afford to, or are not aware of things they should do before purchasing a home. She stated we have a large number of immigrants and other vulnerable people purchasing property here because it is affordable, and unless it is a rental property, we have no right to ensure minimum standards are being met. She believes that as a policymaker it is her responsibility to ensure that all owners purchasing property are not getting substandard housing that may continue to further deteriorate. We need to protect the residents of this community, especially those that don't have the means to protect themselves. 37 Economic Development Authority Minutes Page 4 May 27, 2009 Meyer stated he didn't think the City should have access to properties, no matter what the condition. He believes the requirements already in place by Banks, Mortgage Companies, and private lenders for inspections prior to giving loans on property are sufficient. Diehm disagreed with that statement. She used all the houses that the group went through this evening as examples of substandard housing that had mortgages on them. She also pointed out that investors and under funded buyers are finding loopholes by purchasing these "affordable" properties on Contracts for Deed which eliminate the need for any inspections. These properties usually don't get rehabbed because the owners aren't required to do so, or can't afford to, in many cases. Meyer said Columbia Heights properties are in a prime location. Diehm agreed, but she pointed out that if responsible owners are looking for property in an inner ring suburb, they would look in St. Anthony, New Brighton, St. Louis Park, and other cities where housing is in better condition. Meyers kept pointing out the high number of foreclosures that have sold in Columbia Heights. Diehm said she didn't think that sales in other cities which have Point of Sales Inspection Programs have stopped. She wants staff to look into the statistics on that, and stated if the Council decides to proceeds with this program, she hopes that the North Metro Realtors Association would support the Council and not hinder their decision. Meyer stated that the Realtors agree with the goals the City Council has regarding the housing stock in the City, but that they disagree with the process on how to achieve them. Carolyn Laine, State Representative, agreed with Diehm that the tools available to help purchase a property or to re-hab it doesn't necessarily help the City's situation. She believes the City actually needs this type of program. She hopes the City Council will focus on the larger picture, that being the overall health of the City. Laine thinks the focus should be to improve the housing stock to encourage ownership for people who want to be part of our community, not just tenants who move in and out, and. have no vested. interest. Clark said that if the Board recommends we move forward with this, he would follow a different process than last year. He thinks there needs to be more dialogue to better explain the program. He said he would schedule meetings with the Realtors, bankers, and mortgage representatives in the area. He would also schedule two Public Information Hearings to explain the program and answer questions. He said there was a lot of incorrect information that was passed around last year that got a small group of people very upset and vocal. He said he got calls from people that thought the city would start knocking on doors and going into homes telling them to make certain repairs and upgrades to their homes, even if they were not selling. They misunderstood that an inspection would only be required before the sale of a home. Szurek affirmed that she had similar calls. Jeff Diehm, a resident of Columbia Heights, said he thinks Mr. Meyer's opinions aren't necessarily in the best interest of the City, but rather in the best interest, especially financi~ ly, of the realtors themselves. Diehm said Mr. Meyer is advocating for any type of sale, and seems to be encouraging properties being purchased for rental, without any regard to what it does to a community as a whole. He believes, as a resident, that Columbia Heights has enough rental property. While he is not necessarily in favor of the City coming in and interfering with the transaction of selling his home, he is willing to allow it because he sees the broader picture. Because his home is in good repair, the requirement of an inspection wouldn't actually affect him, so he feels no threat to allow such an inspection. He doesn't necessarily like government intruding on his rights, but reminded everyone that we relinquish personal rights everyday for the betterment of society. He said the group last year 38 Economic Development Authority Minutes Page 5 May 27, 2009 were concerned about their individual. rights, and did not look beyond that to what was good for the community they live in. He thought it was a somewhat selfish viewpoint. He pointed out that whenever you put your home on the market you lose your privacy & rights because all kinds of people will view your property through the process. Nawrocki said he wouldn't characterize everyone from last year's meeting as misinformed. A lot of people were concerned that it was an invasion of their privacy. He does believe the City has the right and responsibility to inspect rental property, and as a result, each City Council meeting has a number of rental licenses seeking approval. He sees this as a City policy that is working. He has concerns whether to initiate this type of program for sales of private homes. He felt that most people already hire Independent Inspectors, and he has a hard time justifying the requirement for more than one, and that they have to pay the City for something they may have had done by someone else. He said that Sellers and realtors are already responsible for filling out disclosures. If this isn't adequate than maybe the State Legislature should step in and make the requirements for disclosures more strict and implement stiffer penalties. Cartney stated that disclosure statements aren't done for all homes on the market, especially since the housing crisis started last year. Banks, mortgage companies, and private lenders who have foreclosed on a property do not fill out disclosure forms. They sell the properties "as is". So again, it gets back to sub standard properties are being sold to, sometimes, unsuspecting buyers, or those that cannot afford to make improvements necessary to make the house livable. Szurek stated she thought that all properties sold should go through a point of sale inspection for safety issues at the very least. She used things like furnace and water heater operation, water leaks, mold, foundation and structural integrity as examples of items to be viewed. Peterson said that if a private inspection is done, then maybe we could accept it for the purpose of this program. It was pointed out that Private Housing Inspectors are not required to be licensed. Donna Schmitt said that if 60% of the properties sold are rental (according to Eric Meyer), than there are only 40% left that need to be addressed. She suggested making it a requirement that anyone getting funds from the Make Heights Your Horne Program, needs to go through an inspection. Clark responded that program is for buyers using a 203K mortgage, which is part of a federal program, and that rehab is a requirement of that loan and the mechanisms for inspections are already in place. Peterson sees that it comes down to two issues: 1) Invasion of Privacy and 2) Cost of Inspection which may prompt an issue of cost of repairs. Szurek thinks it will be an education process and we need to make them understand the larger picture. Herringer said this is a tough decision to make. His political belief's lean towards keeping government out of his personal affairs and his house, but he realizes it isn't making a decision about just his house. He is half comfortable about proceeding with this program for the safety issues raised earlier, He believes the biggest hurdle to over come will be distrust of government and its policies. Peterson stated the Board needs to decide whether to help our neighborhoods and housing stock, or not. He doesn't see it as such a threat. People are going to go through the house if it's put on the market anyways. You pretty much open your home to public inspection once it's listed. 39 Economic Development Authority Minutes Page 6 May 27, 2009 Clark reminded members that it is the same inspection we are currently using for rental properties and abandoned properties, and he hasn't received any negative comments from owners about the ones performed thus far. He said that if Sellers choose not to make corrections, that buyers may assume the responsibility to fix by entering into an escrow agreement. When asked if a property was already subject to a dedicated escrow account fora 203K program, would we require another escrow to be established. Clark responded that the prior Ordinance would recognize the dedicated escrow account, so a second one would not be required. Nawrocki stated he thought the general condition of housing has gotten better every year. He thought the Fire Department doing exterior inspections kept homes looking good on the outside. He thinks that program should continue, and is not happy it is done on a `complaint basis only' now. Diehm asked staff to check into other cities who put unique restrictions on rental properties. She brought up Winona as an example. She said they have a cap on the number of rental licenses issued for the city, or for a block. It is a way to control the density of our neighborhoods, and maybe we could use whatever Ordinance they have in place. Herringer asked how many cities have a point of sale or truth in housing program in place. Eric Meyer said he thought it was 12. Peterson asked the members if this is something they want to pursue and take to the next step. Nawrocki said he thinks it should go to a referendum. If meetings are held, he wants to be informed of the dates and receive reports on any input received. Diehm suggested that staff ask someone from another community that has a point of sale inspection program to attend an upcoming meeting so that the Council can seek input from them on their program. After a roll call vote was taken, it was decided unanimously to proceed with the proposed schedule to gather public input. (See attached schedule). It was understood that the specific dates for the public meetings may change, and that the schedule was amended to only plan up to a possible first reading. 5. HABITAT FOR HUN[ANITY PRESENTATION Mike Radcliff from Twin Cities Habitat for Humanity was present to seek support from Columbia Heights for a new program they are starting. They are seeking Anoka County Home Program funds to do a rehab on a foreclosed home in Columbia Heights. He explained how Habitat used to focus on the construction of new homes, but has decided to move into rehabbing existing homes since so many are on the market. They are looking for a three or four bedroom house that can be rehabbed for $30,000-$40,000 so that a family can move in. He said it would be a market acquisition, and that they don't presently have a specific property in mind. He explained that Habitat's program requires the owners to set up escrow accounts for future expenses to help them become responsible homeowners. They would like to purchase something this summer or fall, do the renovations over the winter, so that the house would be ready for occupants by next spring. He reviewed the terms and requirements the family must meet in order to qualify. As they pay off their loans, the money is then used for future projects. 40 Economic Development Authority Minutes Page 7 May 27, 2009 Nawrocki and Szurek both expressed their disappointment in past projects that Habitat did. in the City because they did not give preference to local families, and that all the houses Looked the same. Radcliff said that they have added some additional designs to their new construction projects because they also recognized that fact. He stated they receive approximately 3,000 applications a year and out of that number, about 50 families get homes. The applicants are given points for meeting various requirements, and local families would receive extra points. Those with the highest points, receive the houses. He believes their program encourages responsible home ownership and that it is a much better option for the city than investors turning everything into rental. Radcliff said that the owners are required to put in about 300 hours of sweat equity for their down payment either on their own project or other projects that Habitat does. Herringer asked if their application affects any money the City receives. Clark stated that Anoka County gives the money for this program from a totally separate set of funds and that it has no impact on funds that Columbia Heights receives for our other programs. There also is no financial commitment being requested from the City. All Habitat is looking for is a letter of support to move forward with the rehabbing of one house in our city. Motion by Williams, seconded by Diehm, to direct the Executive Director to sign a letter of support in regards to Habitat for Humanity's application to Anoka County for HOME funds. Roll Call: Kelzenberg, Diehm, Herringer, Williams, Peterson-Aye Szurek and Nawrocki-Nay MOTION PASSED. 6. RESOLUTION 2009-17 APPROVING MODIFICATION OF UNIVERSITY AVE REDEVELOPMENT (C8) TIF DISTRICT Clark explained that at the last meeting staff was given direction. to proceed with the scattered site housing district that will allow the City to purchase up to twenty homes. As the initial step in this process a funding source needed to be identified for the original purchase and it was agreed upon to use the existing fund balance, and 2009 and. 2010 increment receipts, from the C8 (University Heights) TIF District. This will generate approximately $950,000 for the scattered site district. Nawrocki disagreed with this plan and said that this money, or what portion of it the City would receive upon redistribution, should go back to the taxpayers. Motion by Williams, seconded by Kelzenberg, to waive the reading of Resolution 2009-17 there being ample copies available for the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Kelzenberg, to adopt Resolution 2009-17 adopting a modification to the downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and a Modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8) Tax Increment Financing District. Roll Call: Kelzenberg, Diehm, Szurek, Herringer, Williams, Peterson- aye Nawrocki- Nay MOTION PASSED, 41 Economic Development Authority Minutes Page 8 May 27, 2009 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION 2009-17 RESOLUTION ADOPTING A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE UNIVERSITY AVENUE REDEVELOPMENT (C8) TAX INCREMENT FINANCING DISTRICT. WHEREAS, it has been proposed by the Board of Commissioners ("Board") of the Columbia Heights Economic Development Authority ("EDA") and the City of Columbia Heights ("City") that the EDA adopt a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the "Revitalization Plan Modification") and a Modification to the Tax Increment Financing Plan (the "TIF Plan Modification") for the University Avenue Redevelopment (C8) Tax Increment Financing District ("TIF District") therein (the Revitalization Plan Modification and the TIF Plan Modification are referred to collectively herein as the "Modifications"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, inclusive, .as amended (the "Act"), all as reflected in the Modifications and presented for the Board's consideration; and WHEREAS, the EDA has investigated the facts relating to the Modifications and has caused the Modifications to be prepared; and WHEREAS, the EDA has performed all actions required by law to be performed prior to the adoption of the Modifications. The EDA has also requested the City Planning Commission to provide for review of and written comment on Modifications and that the City Council schedule a public hearing on the Modifications upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The EDA hereby reaffirms the original findings for the TIF District, established as a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10(a)(1). 2. The Modifications include modifying the budget and bringing the TIF Plan into conformance with current Office of State Auditor requirements and authorizing the purchase of property with increments from the TIF District. The City is not modifying the boundaries or extending the term of the TIF District. 3. The EDA further finds that the Modifications will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the CBD Redevelopment Project by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 4. Conditioned upon the approval thereof by the City Council following its public hearing thereon, the Modifications, as presented to the EDA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Community Development Director. 5. Upon approval of the Modifications by the City Council, the Community Development Director is authorized and directed to forward a copy of the Modifications to the Anoka County Auditor, the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 27h day of May, 2009. Offered By: Williams Second By: Kelzenberg Roll Call: Kelzenberg, Diehm, Szurek, Herringer, Williams, Peterson -Aye Nawrocki a Nay 42 Economic Development Authority Minutes Page 9 May 27, 2009 7. ADMINISTRATIVE REPORT Clark stated that staff has been contacted about NSP2 funding. He explained this is the second round of funding for the Neighborhood Stabilization Program. Certain communities will be eligible for additional funding for minimum grants of $5 million dollars. One of the requirements is that the community must prove that they can spend that amount. Anoka County is tookrng to possibly partner with various cities in order to qualify. Minneapolis is hosting a meeting to discuss who may apply for the grant and the requirements it would take to do so. Staff will be participating in this meeting. Nawrocki asked if any progress had been made on the potential commercial development of the K- Mart site. Clark said the last he heard was that the developer is working with a brokerage group to possibly form a partnership so that the development can move ahead. 8. OTHER BUSINESS The next regular EDA meeting will be Tuesday, June 23, 2009 at City Hall. The meeting was adjourned at 9:30 pm Respectfully submitted, Shelley Hanson Secretary 43 Heights Housing Protection Program Potential Schedule/Process Date 2009 Task A ril 28 EDA Council Direction to roceed May 1 Contact North Metro Realtors Association -state intent of new ro osed ro ram and need May 27 EDA, P&Z Members Housing Tour Distribute ro osed ordinance Ma 27 Discussion direction with EDA June 1 Notice to people in attendance of previous public hearing on this issue about u comin information meetin s June 18 Meetin with North Metro Realtor Association June 25* Calendar Show June 29 Meetin with Realtors, Mort a ers, Bankers etc. - Cit Hall June 29 Public Information Meetin /O en House - Murz n Hall -main July 20 Public Information Meeting/Open House - Murzyn Hall - Sr Center Au ust 3 CC Worksession -discussion Au ust 10* First consideration * Subject to change Public Relations ^ Calendar Show ^ Cable TV ^ City Website ^ Northeaster Newspaper ^ SunFocus Newspaper ^ Letters to people previously attending public hearings on this ordinance ^ Public Information Meetings ^ North Metro Realtors Association 44 Approved 7/ 1 /09 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES June 3, 2009 The meeting was called to order by Chair Patricia Sowada, at 6:32 p.m. Members present were; Nancy Hoium, Patricia Sowada, Lynette Thomson and Catherine Vesley. Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. The minutes of the May 6, 2009, Board meeting were approved as mailed. The bill list dated 5/26/09 was reviewed. It was moved, seconded and passed that the bills be paid. The 2009 accounting dated 6/3/09 was reviewed.. Old Business: The 2010 Library proposed budget is due to the Finance Department on Monday, June 8. Loader needs figures from various sources in order to complete the budget. Budget figures are based on the 2008 approved budget plus the approved contract percentages. 1. The Board discussed tax base, City levy, and Local Government Aid, as well as how items are being selected for add-back from 2009 cuts. Loader is looking at many options for lowering operating costs, including an energy audit. 2. Loader has included Unique Management in the 2010 budget. Recommendations came from both Dakota County and Rochester Libraries at the recent Directors Forum. Fees from Unique Management, and Anoka County Library will be included in the budget once they are determined. 3. The revised language for Maintenance of Effort has passed the Legislature, and the Library has submitted its current year certificate. New Business: 1. Hoium offered. the resolution to honor the graduating pages. It was seconded and passed that the graduating pages be honored for their accomplishments. 2. Loader presented materials highlighting the upcoming fundraiser for Huset Park and Castle Heights. The Board appreciated being notified of the events. 3. The Board reviewed the thank you to the Sister Cities for the Polish American Journal. Items from the Floor: 1. The crossover statistics for April were reviewed. 2. The Board selected two titles to be purchase for the Library in honor of Kevin, son of Lynette Thomson. 3. The Board reviewed the framed Board pictures. Public Works will be hanging the photos in the lobby above the arch. 45 4. The Board questioned whether any applications had been received for the vacant Board position. Loader is unaware that any progress has been made in the selection process, though applications have been received. There being no further business, the meeting was adjourned at 7:16 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or 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. 2 46 PLANNING AND ZONING COMIVHSSION 1VHNUTES OF THE REGULAR MEETING JULY 7, 2009 7:00 PM The meeting was called to order at 7:00 prn by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, and Szurek. Members Absent: Peterson Also present were Jeff Sargent (City Planner) and Shelley Hanson (Secretary). Motion by Fiorendino, seconded bySchmitt, to approve the minutes from the meeting of Jzrne 2, 2009. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2009-0701 APPLICANT: Thu Le LOCATION: 3969 Reservoir Blvd REQUEST: Variance of 1 ft for Fence INTRODUCTION Sargent explained that the applicant is requesting a 1-foot height variance for a fence in the front yard per Code Section 9.106 (E)(2)(b). The current code requires that a fence extending across or into the required front yard shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. The applicant has an autistic child who has been known to leave the house unannounced and wander into the neighborhood. The applicant would like to construct a 5-foot high chain link fence to give the child an area to play in, without the concern that he would flee the premises and enter the neighborhood alone. The applicant's house is located only 14 feet from the rear property line, which would disable her from constructing a fence in the rear yard and still give the child adequate space. Minnesota Social Services suggested the 5-foot fence height as adequate to ensure that the child would not be able to climb the fence and leave the property. ZONING ORDINANCE The property located at 3969 Reservoir Boulevard is zoned R-2A, One and Two Family Residential, as are the properties in the area. The house on the property in question is located approximately 110 feet from the front property line. The house to the south is approximately 33 feet from the front property line and the house to the north is approximately 36 feet from the front property line. Sargent stated the purpose of the fence ordinance restricting the height of fences in the front yard is to ensure that sight lines are not imposed on and to promote a positive aesthetic curb appeal in residential areas. The proposed fence will extend 72 feet from the front of the house, and will stop 38 feet from the front property line. The fence will remain behind the front line of both of the neighboring houses, which would not impede visibility and would promote a positive aesthetic appeal. 47 Planning & Zoning Commission Minutes Page 2 July 7, 2009 COMPREHENSIVE PLAN The Comprehensive Plan guides this area as residential. A variance to allow a fence for a residential dwelling would be consistent with the intent of the Comprehensive Plan guiding of the area. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The applicant's house is located only 1 S feet from the rear property line, leaving very little space to construct afenced-in area. The house is also set back apps°oximately 75 feet further back on the property than the neighboring houses. The situation of the house on the property is the hardship in this case. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. It is extremely uncommon for a house's setback to have such a large discrepancy when compared to the neighboring houses. In this case, the applicant is trying to protect an autistic child from tivandering into the neighborhood. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The hardship was created by the ortginal placement of the house on the property relative to the placement of the other homes in the area. The q foot height requirement for fences is not adequate to ensure that the child would remain in the fenced-in area. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as residential. A variance to allow a ,fence for a residential dwelling would be consistent with the intent of the Comprehensive Plan guiding of the area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The fence will not extend beyond the front line of the houses to the north or south of the subject property. For this reason, the variance would not be materially detrimental to the public welfare. 48 Planning & Zoning Commission Minutes Page 3 July 7, 2009 Staff recommends approval of the variance. Questions from Members: Szurek noted that Social Services had suggested they get a fence installed to help contain the child. She wondered if a 5 foot high fence would be sufficient to do so. Sargent responded that it was the height requested by the applicant. Schmitt asked why a chain link fence was being used since it can be climbed by a small child. Sargent stated that the applicant felt a chain link fence would have the least impact on the neighborhood. Fiorendino clarified with Sargent that this is only a one foot variance in height since our Ordinance already allows a 4 foot high fence. Sargent stated that is correct. Thompson asked if the City would have any liability if the variance is granted if the boy still gets out of his yard. Sargent stated he is not an attorney, but said the variance is for the property, not a person and the Commission is only approving a request for something the applicant is asking for. We are not guaranteeing the protection of the child anymore than if the request had never been made. Public Hearing Opened. Veronica Gilbert of 3971 Reservoir Blvd lives next door to this property on the north side. She questioned where the fence would be placed. She was told it would be placed at least 36 feet back from the front property line in order to stay in line with neighboring houses that are near that setback. She also questioned whether a 5 foot high fence would contain the child. She was not opposed to the fence and doesn't think that it would impact her property in a negative way. She wondered if the commission could grant a variance that would allow a 6 foot high fence. Sargent explained that the commission can not do that without the applicant re-applying asking for an increase in height. It is an option for them in the future, but we have to work with what has been requested. Public Hearing Closed. Motion by Fiorendino, seconded by Thompson, that the Planning Commission recommends the City Council approve the 1 foot fence height variance per Code Section 9.106 (E)(2)(b) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The fence will not be placed closer than 36.feet from the,frortt property line. 3. The fence shall be a chain link fence. All ayes. MOTION PASSED. The following draft Resolution will go to the City Council July 13, 2009. 49 Planning & Zoning Commission Minutes Page 4 July ?, 2009 RESOLUTION N0.2009-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR THU LE WHEREAS, a proposal (Case # 2009-0'701) has been submitted by Thu Le to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3969 Reservoir Blvd. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1-foot height variance for the construction of a 5-foot fence per Code Section 9.106 (E)(2)(b). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on July 7, 2009; WHEREAS, the City Council has considered the advice and. recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1, Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1, All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2, The fence will not be placed closer than 36 feet from the front property line. 3, The fence shall be a chain link fence. 50 Planning & Zoning Commission Minutes Page 5 July 7, 2009 NEW BUSINESS None at this time. OTHER BUSINESS Staff is working on updating our Ordinance regarding Smoke Shops and Tobacco Sales to bring them in compliance with the Freedom To Breathe Act. The City Council put a moratorium in effect so staff has time to study the issue and make recommendations necessary to keep the City current with changes that have occurred because of laws put in place by the State Legislature. Staff is also working on possible ordinance amendments regarding outdoor seating for restaurants. The meeting was adjourned at 7:20 pm. Respectfully submitted, Shelley Hanson Secretary 51 CITY COUNCIL LETTER 1+v1'eetsn~ of July 13.2009 AGENDA SECTION: Consent NO. ORIGINATING DEPARTMENT POLICE CITY MANAGER APPROVAL: ITEM: Approval of Premises Permit BY: Scott Nadeau! ,~ BY: i` Application for Columbia Heights DATE: July 2, 2009 DATE: Athletic Boosters to conduct charitable gambling activities at Albert's Restaurant, 547 40"' Avenue NE NO: BACKGROUND The Columbia Heights Athletic Boosters Club has submitted a Premise Permit Application to hold legal gambling activities at Albert's Restaurant at 547 40`h Avenue NE. The Athletic Boosters will be placing apull-tab dispensing machine at the site, and the permit also covers paddlewheel and bar bingo. The Athletic Baosters have submitted a copy of the floor plan and lease agreement with Albert's. The Permit Application and an investigation fee of $250 were also submitted. A background check has been conducted on their board members and there was na information found that would disqualify them from conducting the gambling activities. It should be noted that this is a new permit for this location {which was formerly Dick's Bar). ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 investigation fee, the City Manager recommends the fallowing action. RECOMMENDED MOTION MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has na objection to the issuance of a Class B Premises Permit for the Columbia Heights Athletic Baosters Club in conjunction with gambling activities at Albert's Restaurant, 547 40a' Avenue NE, and furthermore that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. kao 52 ~ll~~l~i ~`,~ ol~ml~ia Heights athletic Boosters JN I S~' ~ ~ 53~ Mill Sfireefi N E Columbia Heic~hfis, MN 55421 ~~~ ~TN~E~IC ~~~ June 28, 2009 City of Columbia Heights S90 40t~' Avenue NE Columbia Heights, MN. 55421-3878 RE: New Premise Permit Dear Chief Austin, On behalf of the Columbia Heights Athletic Boostexs Club I request approval of the enclased premise permit application for a new location; Albert's 547 40t1~ Avenue NE, Columbia Heiglits Athletic, MN. In compliance with state requirements I've enclosed the following documents for City Council approval effective August 1, 2009: • LG21 S Lease Agreement for Lawful Gambling Activity • LG214 Premise Permit Application • Dispensing machine location diagram within site • Investigative fee of $250.00 • Board of Directors listing Signature of Walt Fehst and/or Mayor Petersen will be required once approval is obtained an second page of LG214. If you require additional information please feel free to reach me at (763} 670-6847. Your assistance in this mattex is greatly appreciated. Sincere , Aurora Johns n CHABC G tiling Manager Enclosure: 6 53 Print 1=orm • Minnesota Lawful Gambling LG215 Leasie for LaWfu! ~at~abling Activity 7109 Page 1 oft heck applicable item: . New application. Submit le se wit w remises permit application. 2 New owner. Effective date Submit new cease within 10 days after new lessor assumes ownership. 3. New lease. (Do not submi# existing lease with amended changes). Date that changes will be effective. Submit changes at least 10 days before the effective date of the change. Organization name Address license number Daytime phone 530 Mitl Street Nf: 2072 7b3-706-3743 Columbia Heights Athletic Boostem Name of ceased remises Street address City State Zip Daytime phone Albert's ~ 4 Columbia Heights MN 58421 763-788-5789 ame of legal owner of premises Business/street address Glty State Zip Daytime phone Albert 7harin 5~~-~,~ Columbia Heights MM 55421 52-4843441 Name of lessor (if same as legal Businessistreet address City State Zip Daytime phone owner, write in "SAME"} Same Checlc.all act itiesthat wits be conducted ^ Pult tabs ull-tabs with dispensing device ~Tipboards Paddtewhee! OPaddiewhee) with tabie,~Bingo ~ r bingo Putt-tab.1'int3oacd, alld PaEldleWtl'eei Rent (lVo lease required for raffles.} Booth operation -safes of gambling equipment by an employee sar opera#ion -sales of gambling egutpmerit within a leased that is disttnct from areas where food and beverages are sold. closure food and beverages arye also sold lessor from a common area where Does your orr~~niization OR anY other arganizatiortconduct.gambling frnin:a-booth opera~lon a#`this location? ~ ~:, Yes JAL No _ .._.. ~...._ ._., ~ _. ~ .~ t_ ......_ _.._.. _....~ ~ .._.. _..._.._ ~ . ,..._ ~...r .r. ^....,...._ ..... If you answeredYGS to the question above, rent Limits are .. If you answered h4 to the question above, rent Limits are based on !fie following combinations of operation: based on the fallowing combinations of operation: ..;,Booth operation - Bar operation :%~iksoth operation and putt-tab dispensing device - Bar operation with pull-tab dispensing device `Booth operation and bar operation ~ - Pull-tab dispensing device only -. Booth operation, Isar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total per month for aq organizations at this premises. COMPLETE 01VE OPTION: COMPLETE ONE OPTION: Option A: 0 to 10% of the grass profits per month. Percentage Option A: 0 to ZO% of the gross profits per to. be paid % month. Percentage to be paid Option B: When grass profits are $4,000 or less per month, $0 Option B: When gross profits are $1,000 or Tess per month, $0 to $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid Option C: $0 to $400 per month on the first $4,000 of grass Option C: $0 to $200 per month on the first $1,000 of gross profit. Arnaunt to be paid $ profits. Amount to be paid $ ..s'r`c?, ~ Plus, 0°!o to 10°!0 of the gross profits may be paid per month an Pius, 0°!0 #a 20% of the gross profits may be paid per,month on gross profits over $4,000. Percentage to be paid % gross profits over $1,000. Percentage to be paid _,~_% Bingo Rent ! Bar Bingo Rent ~ ~`~ Option D: 0 to 10% of the gross profits per month from all ~ Option F: No rent maybe patd for bingo lawful gambling activities held during bingo occasions, excluding conducted in a bar. bar bingo. Percentage to be paid Option E: A rate based on a cost per square foot, not to exceed 110°!o of a comparable cost per square foot far leased space, as NBW E31t1~0 /~Ct1Vt'lj/ approved by the director of khe Gambling Control Board. No rent may Por any now bingo activity not previously be paid far bar bingo. Rate to be paid $ per square foot. confirm the comparable rate and all applicable casts to be paid by the included in a Premises Permit Application, attach a separate sheet of paper listing the days and organrcatian to the lessor. The lessor must attach documentation, hours that bingo will be conducted. verified by the organisation, to 54 LG215 Lease far L.a~nrfut Gambl Lease Term The term of this lease agreement wil4 be concurrent with the premises permit issued by the Gambling Contras Board (Board). P~lanagement of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. participataan as Players Prohibited The Iesor will not participate directly or indirectly as a player in any lawful gambling conducted an the premises. The lessor's immediate family will not pardapate dirediy or indirectly as aplayer in apull-tab, tipboard, or paddlewheel game conducted on the premises, Illegal Gambling The lessor is aware of tfre prohibition against illegal gambling in Minnesota Statutes 509.75, and the penalties for illegal gambling violations in Minnesota Ruses 7865.0220, Subpart 3. ;n addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambifng or knew of the gambling and did not take prompt action to slap the gambling. Continued tenancy of the organization is authorized without payment of rent during the tlme period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision i(a). To the best of the lessor's imowiedge, the lessor affirms that any and aA games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible far any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7851.0250, Subpart i, item H or Minnesota Statutes 509.75, unless the organization's agents responsible for the illegai gambling activity are also agents ar employees of the lessor. 7/09 Page 2 of 2 tither Prohibitions The lessor will not impose restrictions on the organization with respec to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawrfut purposes. The lessor, any persoi residing in the same household as the lessor, the lessors immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or role. The lessor must not modify or terminate this lease in whose or in part due to the lessor's violation of this provision. if there is a dispute as t, whether a violation occurred, the lease will remain in effect pending fine! determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a viaiatlon of this provision is alleged. The artsitrator shall be the CRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the !conduct of lawful gambling an the premises. Lessor records The lessor must maintain a record of aU money received from the organization, and make the record available to the Board and Its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent all-!inclusive Amounts paid as rent by the organization to the lessor are all-indusi~ No other Services ar expenses provided or contracted by the lessor may be paid by the organization, including but not IimiYed to: - trash removal -janitorial and cleaning services - electricity, heat -other utilities or services - storage -security, security monitoring -snow removal -sawn services - in the case of bar operations, cash shortages Any other expenditure made by an organization that is related to a leased premises must be approved by the director of the Gambling Contra) Board. Rent payments may not be made to an individual. Changes in lease If a Clangs in ownership ouurs, the organization will submit an amended lease to the Board within 10 days after the new lessor has assumed ownership. If the lease is amended with no change in ownership, the organization wiU submit the amended lease to the Board at least 10 days before the effective date of the change. The lessor must not modify ar terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or the Board, the conduct of illegal gambifng activity at this site in which the organization did not partcpate. ACknOwledgmerit Of Lease Terms T affirm that this lease is the kotal and only agreement between the Lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. The lease may be terninated by either party without cause with a 30-day written notice. Other teens: Original Lessee will provide lessor, at lesson request, a 80-day termination of agreement at any time during lease term when requested by lessor. The lessee may give the lessor a 30-day termination at any time daring laved lease rleiriod. otfiaaJ (lessee) Print prime and title of less AlbertTharin, tlwner Marsha Stroik, CEO Questions? Contact the licensing Section, Gambling Control Board, at 651-639-40D0. This publication wil! be made available in aitemative format (f.e. large print, Braille) upon request. The Information requested on this form wii{ become public information when received by the Board, and used to detenntne your campifance with Minnesota statutes and rules gaveming lawful gambling activities. Reset Fortri Print Form ~~~ 55 Minnesota Lawful Gambling 7/09 Page 1 of 2 LG214 Premises Permit Application Annual Fee $150 FOR BOARD t15E ONLY Check # organization-.information ~ 1. Organization name Columbia Heights Athletic Boasters License number 2072 2, Chief executive officer (CEO) Marsha Stroik Daytime phone 763-706-3743 3< Gambling manager Auroralohnston Daytime phone 763-670-6847 Gambling: Premises information 4. Current name of site where gambling will be conducted Alberts 5. List any previous names for this location Dick's lounge i3. Street address where premises is located ~, 40th Avenue (Do not use a P.O. box number or maHing address) City ~ Township County Zip code Columbia Heights C)R Anoka 55421 8. Does your or anization own the building where the gambling will be conducted? „,Yes ~No !f no, attach LG215 Lease for Lawful Gambling Activity 9. is any other organization conducpng gambling at this site? Yes ®No ~ Don't know 10. Has your organization previously conducted gambling at this site? ,„Yes ~No Gambling-Bank Account Information (must be in Mlnnesota> ~ 1. Bank name Northeast State Bank Bank account number 5006494 2. Bank street address City State Zip cads 77 Broadway St NE Minneapolis MN 55413 All Temporary and-Permanent Off-site Storage Spaces far amblin a ui merit and records related to this site =must be stored in Minnesota 13. Address (Do not use a P.O. box number) City State Zip code ' `~{~ ~, ~ MN ~S ~. MN Bingo. Occasions (including bar bingo} 14. Enter day and beginning/ending hours of bingo occasions (A.M. or P,M.). An occasion may not exceed 8 hours. Day BeginninglEnding Hours Day Beginning/Ending Hours Wednesday 6:00 to 9:00 ~~~to tO to to t0 t0 ~ ~ t0 ,~@Set'~Or171` ~flnt horn 56 LG214 Premises Permit Application 7109 Page 2 of 2 Local Unl# of .Governmen# Resolution of Approual CITY APPROVAL for a gambling premises located COUNTY APPROVAL for a gambling premises located within city limits in a township City name ColumbiaHeights County name The county board has approved this application by The city council has approved this application by resolution wi#hin 90 days of the date of signature below. resolution within 90 days of the da#e of signature below. Signature of city personnel Signs#ure of county personnel Title Qate / i Tifie i)a#e / Acknowledgment and Oath 1, I hereby consent that local law enforcemen# officers, 5, ! am the chief executive officer of the organization. the Board or its agents, and the commissioners of g, 1 assume full responsibility for the fair and lawful operation of revenue or public safety and their agents may enter ail activities to be conducted. the premises to inspect it and enforce the flaw. 7, I will familiarize myself with the laws of Minnesota governing 2, The Board and its agents, and the commissioners of lawful gambling and rules of the Board and agree, if licensed, revenue and public safety and their agents ate to abide by those laws and rules, including amendments to authorized to inspect the bank records of the them. gamblirg account whenever necessary #o fulfill g, Any changes 'tn application information will be submitted to the requirements of cun'en# gambling rules and law. Board no later than 10 days after the change has taken effect. 3. I have read this application and all informs#ion submit#ed to the Board is true, accurate, and g, I understand that failure to provide required information or complete. providing false or misleading information may result in the 4_ Aif req d inf at b n fully disclosed. denial or revocation of the license. 4 Signature o hie ecutive r (designee may not sign} Dat Marsha Stroik Print name Required Attachments Monthly Regulatory Fee th is it f thi it i i if 1, if the premises is leased, attach a cagy of your cease. ere a ses perm or s s e, you rece ve a prem monthly regula#ory fee of 0.1 /o {.001) of gross receip#s Use LG21~6 Lease for Lawful Gambling Activity, from lawful gambling conducted a# the site. Z, $150 annual premises permit fee, for each permit. The fee is reported on the G1 Lawful Gambling Make check payable to "State of Minnesota.' Monthly Summary and Tax Return and paid with the monthly tax report Mali to: Gambling Control Board 1711 West County Road B, Suite 800 South Roseville, MN 55113 This form will be made available in ai#ernative format (i. Questions? Cali 551-639-4000 and ask for Licensing. e. large print, Braille) upon request. The infomration requested on this form Your name and address will be public requires access to the information; (and any attachments} will be used by the information when received by the Minnesota's Department of Public Sa#ety; Gambling Control Board (Board} to Board. Al! other information you Attorney General; Commissioners of de#ermine your qualiticafions to be provide will be priuate data until the Administration, Finance, and Revenue; involved in lawful gambling activities in Board issues your premises permit. Legislatiue Auditor, national and Minnesota, and to assist the Board in When the Board issues your premises intemaGanal gambling regulatory agencies; conducting a background investigation of permit, alt permit infonnatian provided anyone pursuant to court order; other you. You have the right to refuse to supply will become public, if the Board does individuals and agencies that are the information requested; however, if you not issue you a premises permit, ail the specifically authorized by state or federal refuse to supply this information, the Board information provided remains private, law to have access to the informs#ion; may not be able to determine your with the exception of your name and individuals and agencies far which taw or quaii#icatians and, as a consequence, may address that will remain public. Private legal order authorizes a new use or sharing refuse to issue you a premises permit. If data about you are available ta: Board of information after this notice was given; .you supply the information requested, the members; Board staff whose work and anyone with your consent. Board will be able to process your application. :. ft~set Fofrin `>:Print Forrn 57 1i~ e~', 58 -`-4 1 40{ h fi/2 23741 ' ` .NORTHEAST BANK ~{N~~~ ~-]~~7~~"~~5' AT~"~LET~~i 8~0+~1. T~R t:~••uB~. (N~',r.: ( `®~ MINNEAPOLIS, MN - 612-379-8811 788-9351 3 ~ .. - COLUMBIA HEIGHTS, MN - 76 CHARITABLE GAMBLING ACCOUNT t - COON RAPIDS, MN - 763.784-3633 6/23/2009 MILL STREET. NE 530 YOUR INDEPENDENT COMMUNITY BANK p COLUMBIA HEIGHTS, MN 55421 _ 17-i3-910 ' ~ PAY To THE City of Columbia Heights ~ ~*250.00 ° ORDER OF +1 L TWO Hundred Fifty and 001100**;~,'`**~,``***:~~****~*`~,""~:~~*'`~,~"~,~,~,~*~,~,~~,~**,~~*~**~~*~~,~**** ~oLLARS _m U City of Columbia Heights 590 40th Avenue NE TWO SIGNATUR S RE{~UiRED =~ Columbia Heights, MN 55429 oio ~ NQ-'T~ , sH WITHIN 90 DAYS N \ ~ ~ ' Y MEMO Investigative fee "`~ li°[~ ~C ~ ~ ~a bll° rao ~ i5~0~ ~ ~ tam C11~Dam ~~ 011° I ®L,U1V1131A 4~EIGHT~ ATHLETIC B®®STEEi CLUB, INC. 'CHARITABLE GAMBLING ACCOUNT I City of Coiumbia Heights 6/23/2009 ~,~0~~~-~~~ ~~ Columbia Heights Athl Investigative fee { 59 23741 250.00 250.00 e z Columbia Heights Athletic Boosters Board of Directors CE(J: Marsha Ann Stroik 12/15/53 President: Sandra Cathryn Bornetun 1/24/58 VP: Dave Payne Secretary: Karen Schultz '~'reasurera Carole Ann I~oln~es 4/16/64 D"hectors: Bob Prois Roxanne Sorensen Al Engel 60 CITY CtJUNCIL LETTER AGENDA SECTION: Consent NO. ITEM: Transfer of Fnnds from General Fund to Police NO. Dept Budget to Reimburse Overtime Fund re: Detox transports BACKGROUND of July 13, 2009 ORIGINATING DEPARTMENT POLICE ~ BY: Scott Nadeau DATE Lune 22, 2009 CITY MANAGER APPROVAL: BY: -~ :. ,~... DATE: From February through May of 2009, the Columbia Heights Police Department has transported 42 detox patients to detox centers outside of Anoka County. Per our agreement with .Anoka County, we are reimbursed $34 per patient transported in 2009. These transports go to Mission Detax in Plymouth, Ramsey County Detox in Downtown St. Paul, and Dakota County Detox in Hastings. We have received a check from Anoka County an June 22, 2009 for $1,2G0.00 as reimbursement far these transports. This money is considered revenue and it was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $1,2G0.00 received from Anoka County for detox transport reimbursement be placed in the 2009 Police Department Budget Line 1020, Police Overtime. RECOMMENDED MOTION Move to transfer $1,2G0.00 received from Anoka County far partial reimbursement of costs associated with detox transports from the General Fund to the Police Department 2009 Budget under line item 1020, Police Overtime. kao 61 .i~=R39i98~1= ~:ORi2i592~`. i52i000ig230»= V = 17697 ANOKA COUNTY-CE{SS REMITTANCE ADVICE DATE 6/19/2009 12857000 6/08/2009 DETOX TRANSPORTATION 12857000 6/08/2009 DETOX TRANSPORTATION 12857000 6/08/2009 DETOX TRANSPORTATION 12857000 6/08/2009 DETOX TRANSPORTATION 2/06/2009- 2/28/2009 3/10/2009- 3/30/2009 4/01/2009- 4/28/2009 CHECK N0. B 939198 180.00 210.00 480.00 5/02/2009- 5/23/2009 390.00 *** TOTAL 1,260.00 g2 o~4~aw CITY COUNCIL LETTER I~AFRTTNC'. nF• TT 1T.Y T 3.2009 AGENDA SECTION: CONSENT - --_ ORIGINATING DEPT: CITY FINANCE MANAGER NO: APPROVAL, ITEM: COMPUTER. AND TELEPHONE SYSTEMS FOR BY: WILL IAM ELRITE BY: :~ THE NEW PUBLIC SAFETY BUILDING DATE: JUNE 30, 2009 Previously we contracted with Elert & Associates to prepare a Request for Proposals for a phone system and computer network switches, wireless access points, anal a battery backup UPS system. The proposal for the telephone system was based on using our existing telephones and as much of our current equipment as possible. The request allowed for six alternate proposals. Alternate #1: To upgrade the current 200 Mitel switch. to provide digital telephone service to the new Public Safety building. Alternate #2: To upgrade the 200 Mitel switch to provide IP telephone service to the new Public Safety building. Alternate #3: To upgrade to a 3300 Mitel switch and provide digital telephone service to the Public Safety building. Alternate #4: To upgrade to a 3300 Mitel switch and provide IP telephone service to the Public Safety building. Alternate #5: To install two new 3300 Mitel switches, one at City Hall utilizing the current digital phones, and one at the Public Safety building utilizing IP phones. Alternate #6: To install two new 3300 Mitel switches, one at City Hall and one at the Public Safety building utilizing our current digital phones and adding used digital phones for the additional phones needed at the Public Safety building. The chart on page two shows the proposals received for the computer network equipment and the telephone alternates. 63 Page Two Marco Integra Com uter Network Pro osals 22,564 28,820 Phone Pro osals Alternate 1 48,973 54,559 Alternate 2 54,276 60,972 Alternate 3 50,348 47,642 Alternate with Used Phones 3 44,555 Not Proposed Alternate 4 58,547 69,476 Alternate 5 67,434 75,001 Alternate 6 55,595 Not Pro osed New S stem Maintenance Contract Years 2 throu h 5 Annual cost 4 Year Total 2,600 10,400 2,413 9,652 Current Maintenance Costs Would be Eliminated Annual Cost 5 Year Total (6,678) 33,390 Staff Recommendation Marco Phone Proposals Alternate 3 with used phones 44,555 New System Maintenance Contract Years 2 through 5 10,400 Current Maintenance Costs Would be Eliminated 5 Year Total 33,390 Total 5 Year Costs Alternate 3 with used hones 21,565 Com uter Network Costs 22,564 On Tuesday, June 30, Tom Pavek from Elert & Associates met with the Chief of Police, Police Captain, Fire Chief, IS Director, IS Technician, and the Finance Director to review the proposals. During the review it was clearly determined that alternates #3 and #6 provided the two best, most cost-effective, long-term solutions to the City's telephone needs. These solutions utilize the Mitel 3300 switch and the City's current digital telephones. The two primary reasons for choosing these alternatives is that the 3300 switch is only slightly more expensive than the 200 switch and provides a more state-of--the-art, Long-term solution. The second factor is the savings in re-using our current digital telephones versus going with more costly IP phones. IP phones do provide some additional features but staff felt that the extra cost was not justified. The main difference between alternates #3 and. #6 is that alternate #6 provides two switches, one at City Hall and one at the Public Safety building. The purpose of the two switches is that if the cable between the buildings breaks, both buildings would continue to have phone service. In addition 64 Page Three to the higher initial capital costs of $11,040, the annual phone line service costs would be $4,000 to $5,000 more for alternate #6. Marco provided the option of used reconditioned phones for the additional phones that are needed at the Public Safety building. The maintenance contract covers the replacement of all phones for five years. Both Tom and City staff will be available at the work session to answer questions. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Marco for a Mitel 3300 telephone switch upgrade, afive-year maintenance plan, and computer networking system based on Alternate #3 of their proposal. WE:sms 0906301 COUNCIL COUNCIL ACTION: 65 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: Jul 13, 2009 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM.: Approval of a 1-foot height variance fora BY: Jeff Sargent, City Planner BY: fi`, `~ ~-- fence in the front yard at 3969 Reservoir DATE: July 8, 2009 Blvd. BACKGROUND: At this time, the applicant is requesting a 1-foot height variance for a fence in the front yard per Code Section 9.106 (E)(2)(b). The current code requires that a fence extending across or into the required front yard shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. The applicant has an autistic child who has been known to leave the house unannounced and wander into the neighborhood. The applicant would like to construct a 5-foot high chain link fence to give the child an area to play in, without the concern that he would flee the premises and enter the neighborhood alone. The applicant's house is located only 14 feet from the rear property line, which would disable her from constructing a fence in the rear yard and still give the child adequate space. Minnesota Social Services suggested the 5-foot fence height as adequate to ensure that the child would not be able to climb the fence and leave the property. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on July 7, 2009. They voted to recommend City Council approval of the variance with a 4-0 vote. RECOMMENDED MOTION° Move to waive the reading of Resolution 2009-101, there being ample copies available to the public. Move to adopt Resolution No.2009-101, approving a 1-foot height variance for a chain link fence in the front yard at 3969 Reservoir Blvd., subject to the conditions outlined in Resolution No. 2008-101. Attachments: Resolution 2009-101; P+Z Memo; Location Map; Site Plan; Letter COUNCIL ACTION: 66 RESOLUTION N0.2009-101 RESOLUTION APPROVING A VA12lANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR TAU LE WHEREAS, a proposal (Case # 2009-0701) has been submitted by Thu Le to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3969 Reservoir Blvd. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1-foot height variance for the construction of a 5-foot fence per Code Section 9.106 (E)(2)(b). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on July 7, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5, The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 67 Resolution No. 2009-101 FURTJEiER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The fence will not be placed closer than 36 feet from the front property line. 3. The fence shall be a chain link fence. Passed this 13t" day of July, 2009 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 68 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-0701 DATE: July 7, 2009 TO: Columbia Heights Planning Commission APPLICANT: Thu Le LOCATION: 3969 Reservoir Boulevard REQUEST: 1-foot Height Variance for Fence PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting a 1-foot height variance for a fence in the front yard per Code Section 9.106 (E)(2)(b). The current code requires that a fence extending across or into the required front yard shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. The applicant has an autistic child who has been known to leave the house unannounced and wander into the neighborhood. The applicant would like to construct a 5-foot high chain link fence to give the child an area to play in, without the concern that he would flee the premises and enter the neighborhood alone. The applicant's house is located only 14 feet from the rear property line, which would disable her from constructing a fence in the rear yard and still give the child adequate space. Minnesota Social Services suggested the 5-foot fence height as adequate to ensure that the child would not be able to climb the fence and leave the property. ZONING ORDINANCE The property located at 3969 Reservoir Boulevard is zoned R-2A, One and Two Family Residential, as are the properties in the area. The house on the property in question is located approximately 110 feet from the front property line. The house to the south is approximately 33 feet from the front property line and the house to the north is approximately 36 feet from the front property line. The purpose of the fence ordinance restricting the height of fences in the front yard is to ensure that sight lines are not imposed on and to promote a positive aesthetic curb appeal in residential areas. City of Columbia Heights Planning Commission )uly 7, 2009 3969 Reservoir Blvd, Case # 2009-0701 The proposed fence will extend 72 feet from the front of the house, and will stop 38 feet from the front property line. The fence will remain behind the front line of both of the neighboring houses, which would not impede visibility and would promote a positive aesthetic appeal. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as residential. A variance to allow a fence for a residential dwelling would be consistent with the intent of the Comprehensive Plan guiding of the area. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The applicant's house is located only 75 feet from the rear property line, leaving very little space to construct afenced-in area. The house is also set back approximately 75 feet further back on the property than the neighboring houses. The situation of the house on the property is the hardship in this case. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. It is extremely uncommon fora house's setback to have such a large discrepancy when compared to the neighboring houses. In this case, the applicant is trying to protect an autistic child from wandering into the neighborhood. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The hardship was created by the original placement of the house on the property relative to the placement of the other homes in the area. The 4-foot height requirement for fences is not adequate to ensure that the child would remain in the fenced-in area. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. Page 2 ~o City of Columbia Heights Planning Commission July 7, 2009 3969 Reservoir Blvd. Case # 2009-0701 The Comprehensive Plan guides this area as residential. A variance to allow a fence for a residential dwelling would be consistent with the intent of the Comprehensive Plan guiding of the area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The fence will not extend beyond the front line of the houses to the north or south of the subject property. For this reason, the variance would not be materially detrimental to the public welfare. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the 1-foot fence height variance per Code Section 9.106 (E)(2)(b) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The fence will not be placed closer than 36 feet from the front property line. 3. The fence shall be a chain link fence. 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The work included water main, street reconstruction which included new concrete curb and gutter and bituminous pavement, alley reconstruction which included new curb and gutter and bituminous pavement and fencing, and miscellaneous improvements. Analysis /Conclusions: During the course of construction, Public Works staff directed the contractor to provide additional work in addition to the original contract documents due to field conditions, staff requested. changes and unknown conditions. The pricing for additional work items was obtained from the following methods: existing line items from the bid tab, negotiated and approved by the City Engineer, or on a time and material basis. The work is detailed on the attached change order sheet(s) and can be summarized as follows: • Item No. 1: Water main crossing CSAH 4 • Item No. 2: Reclaim and grade streets • Item No. 3: Pave reclaimed streets • Item No. 4: Deduct bituminous patch special • Item No. 5: Replace manhole on 39th Avenue • Item No. 6: Concrete maintenance strip With the change order, the proposed assessment amounts will still be under the rate presented at the improvement hearing by fifteen percent (15%) on the Street Rehabilitation projects and five percent (5%) on the Alley Reconstruction project. Staff recommends approval of Change Order No. 1. Recommended Motion: Move to authorize Change Order No. 1 for miscellaneous utility work, reclaiming and grading mill and overlay streets and constructing fence maintenance strip, City Project 0902 to C and L Excavating, Inc. in the amount of $66,714.64 to be funded from Water Fund ($2,540.00), State Aid Maintenance Fund ($3,250.00) PIR Fund and Assessments ($55,529.64), and Sanitary Sewer Fund ($5,395.00). Attachment: Change Order No. 1 COUNCIL ACTION: 76 CHANGE ORDER NO. 1 pro'ect° 2009 Street Rehabilitation and Alle Reconstruction Ci Pro'ect: 0902 Owner: City of Columbia Heights Date of Issuance: June 29, 2009 637 38`'' Avenue N.E. Columbia Heights, MN 55421 Contractor: C and L Excavating, Inc. Engineer: City Engineer 7939 Ridgewood Road P.O. Box 99 Saint Joseph, MN 56374 You are directed to make the following changes in the Contract Documents: Description: Construct water main across CSAH 4 (49`" Avenue) and restore CSAH 4 on a Saturday. Reclaim existing bituminous and class 5 base materials and regrade streets as needed prior to paving. Pave non-wear bituminous course on reclaimed streets. Deduct bituminous patch special on reclaimed (mill and overlay) streets. Remove and construct manhole on 39`" Avenue as part of sanitary sewer repair. Construct a concrete maintenance strip under the fence along the alley. Purpose of Change Order: The contract has been modified to include the followin CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 480,594.45 Previous Change Orders No. ~ to No. Net Change from Previous Change Order: $ None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 480,594.45 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 66,714.64 Contract Price with. all Approved Change Orders: Contract Time with Approved Change Orders: $ 547,309.09 N/A Approved Approved By: BY~ City Engineer (Contractor) Mayor Gary Peterson Attachment to Change Order No. 1 City Manager Walt Fehst Date of Council Action 77 City Project No. 0902 Page 1 Owner: City of Columbia Heights Contractor: C and L Excavating, Inc. Project: 2009 Street Rehabilitation and Alley Reconstruction Description of Changes: The City requested the following work for additions, changes or modifications to the contract documents: • Item No. 1: Water main crossing Construct water main crossing and street restoration on CSAH 4 on Saturday as required by Anoka County. Remove and install 70 LF of water main. Restore street with 12"gravel base and 8" bituminous. Costs will be appropriated from water fund and state aid maintenance fimd. • Item No. 2: Reclaim and grade streets Reclaim existing bituminous and class 5 base materials and regrade streets as needed prior to paving. Reclaim 6656 SY of street surface and remove excess material to grade streets with maximum 4% cross slope. Costs will be appropriated from infrastructure fund and assessments. • Item No. 3: Pave reclaimed. streets Pave reclaimed streets with 2'h" of non-wear bituminous base course. Costs will be appropriated from infrastructure fund and assessments. • Item No 4• Deduct bituminous patch special No patching was required on the reclaimed (mill and overlay) streets as provided for in the proposal. Deduction will be appropriated to infrastructure fund and assessments. • Item No. 5: Replace manhole on 39`-" Avenue between Central Avenue and Reservoir Boulevard Remove and construct manhole on 39`h Avenue. Existing manhole was brick construction in poor condition. Costs will be appropriated from sanitary sewer fund. • Item No. 6: Concrete maintenance strip Construct 2' wide concrete maintenance strip under the fence from the back of curb to the west to minimize maintenance for both commercial properties and residents. Costs will be appropriated from assessments. CHANGE ORDER 1 Item No. Item Description Unit uanti Unit Price Total Price 1 Water main crossing L.S. 1 $ 5,790.00 $ 5,790.00 2 Reclaim and grade streets S.Y. 6656 $ 2.38 $15,841.28 3 Pave reclaimed streets Ton 948 $ 53.82 $51,021.36 4 Deduct bituminous patch special S.Y. (714) $ 22.00 ($15,708.00) 5 Replace manhole L.S. 1 $ 5,395.00 $ 5,395.00 6 Concrete maintenance strip L.F. 625 $ 7.00 $ 4,375.00 TOTAL CHANGE ORDER 1 $66,714.64 Fundin Source Sanitary sewer Water main State aid maintenance Infrastructure Assessments Amount $ 5,395.00 $ 2,540.00 $ 3,250.00 $ 7,680.00 $47,849.64 78 CITY COUNCIL LETTER Meeting of: 7/13/09 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION 'TO SEEK BIDS FOR BY: K Hansen BY: ~°' PROFESSIONAL SERVICES FOR FINAL DESIGN OF DATE: 7/07/09 DATE: THE GATEWAY PEDESTRIAN BRIDGE Background: The City of Columbia Heights has received funding for the Gateway Pedestrian Bridge totaling $3,000,000 through Federal Funds. The source of the funds is $475,000 of Appropriations that will authorize through the Federal process in July or August of 2009, or later, and $2,520,000 through the Federal Stimulus or ARRA Funds, which should be Federally authorized in July or August of 2009. The City has prepared an engineering scoping report detailing concept layouts, approach types, bridge types and Right-of--Way (ROW) needs. The City has initiated land acquisition process to meet the State and Federal requirements for necessary permanent and temporary ROW. Analysis/Conclusions: As previously detailed in the Project Scoping Study, the next steps will involve: ^ ROW /Appraisals (150 - 1 &0 days, Federal & State process) -currently in progress. ^ Engineer Selection: (~90 day design) -next 20 -30 days. ^ Consulting Engineer: o Public Involvement /Review o Selection of Approach Types o Selection of Bridge Type o Selection of Aesthetic Treatments o Final Design o MnDOT Submittals /Approvals (by November 13`", 2009) o Public Bidding: Jan/Feb 2010 o Construction: Summer 2010 To meet the ARRA funding submittal requirement of November 13`", 2009, the final design of the bridge needs to be initiated. Proposals can be received and considered by the City at the end of July so that the consultant may begin work the first part of August. An accelerated design timeframe will push the design window to 60-90days and will then just meet the November submittal requirement for ARRA funding. Recommended Motion: Move to authorize staff to seek bids for professional services for the final design of the Gateway Pedestrian Bridge over TH 65 at 49t" Avenue. KH:kh COUNCIL ACTION: 79 CITY COUNCIL LETTER Meeting of: 7/]3/08 AGENDA SECTION: Consent NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: Approve Change Order No. 2 for the Park BY: K. Hansen Improvement Projects: Sullivan Park and Silver DATE: 7/07/08 Lake Beach Park -Projects 0805 & 0806. DATE: Background: The 2008 Park Improvement Projects are substantially complete with only plant replacements, reseeding and minor restoration remaining. The work included removal of existing bituminous pavement, removal of an existing park shelter structure, erosion control, general site earthwork, asphalt drives and parking lots, concrete curbing, drainage & utility improvements, surface water quality improvements, electrical work and lighting, pre-fabricated shelter building(s), playground equipment installation, beach reconstruction, boulder retaining walls, site restoration (seed/sod), landscape planting and related miscellaneous improvements. Analysis /Conclusions: During the course of construction, Public Works staff directed the contractor to provide additional work in addition to the original contract documents due to field conditions, staff requested changes and unknown conditions. The pricing for additional work items was obtained from the following methods: existing line items from the bid tab, negotiated and approved by the City Engineer, or on a time and material basis. The work is detailed on the attached change order sheet(s) and can be summarized as follows: A. Silver Lake Beach Park 1. Natural Stone Retaining Wall: (existing tine item) $6,160.00 2. Reroute water main $3,507.60 3. Erosion control fence: (existing Gne item> $242.00 4. Asphalt paving for heavy duty trails (existing tine item) $1,489.95 5. Aggregate base for heavy duty trails (existing line item) $959.20 6. Common excavation (soils) (existing tine item) $2,013.49 B. Sullivan Lake Park 1. Detectable Warning Plates: (existing tine item) $540.80 2. Field condition construction costs: $4,595.15 3. Export of Common Fill (existing tine item) $46.75 4. Modular Unit Retaining Wall (existing tine item) $831.60 5. Additional work for modifications of light poles due to unforeseen soil conditions $4,297.26 6. F & I 40 herbaceous plugs in basin (existing tine item) $121.20 Change Order No. 2 COUNCIL ACTION: 80 CITY COUNCIL LETTER Meeting of: 7/13/08 AGENDA SECTION: Consent NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: Approve Change Order No. 2 for the Park BY: K. Hansen Improvement Projects: Sullivan Park and Silver DATE: 7/07/08 Lake Beach Park -Projects 0805 & 0806. s.~ ...~ BY: DATE: " ~ Sullivan Park and Silver Lake Beach Park -Projects 0805 & 0806 Page 2 Staff recommends approval of Change Order No. 2 with funding provided by the Park Development Fund and Water Construction Fund. Recommended Motion: Move to authorize Change Order No. 2 for additional quantities of line items and additional work due to field conditions, for the Sullivan Lake and Silver Lake Beach Park Improvements, City Projects 0805 and 0806 to American Liberty in the amount of $24,805, to be funded out of the Park Development Fund 412-50805-5185 ($8,851), 412-50806-5185 ($10,433) and Water Construction Fund 651-50805-5185 ($3,500 KN:kh Attachment: Change Order No. 2 COUNCIL ACTION: 81 CHANGE ORDER NO. 2 Project: 2008 Park Improvement Projects -Sullivan Lake Park and Silver Lake Beach Park n:.., n_..:,,..~. none .Q nsn~ V1L 11 V Y\. i. Owner: City of Columbia Heights Date of Issuance: July 1, 2009 637 38"' Avenue N.E. Columbia Heights, MN 55421 Contractor: American Liberty Construction Engineer: Kevin Hansen, City Engineer PO Box 547 Rockford, MN 55373 You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for additional work added to the contract by the City. Purpose of Change Order: The contract has been modified to include the following: Staff requested additions, field changes or existing conditions modifications to the contract documents as detailed on the attached sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIlVIE Original Contract Price: Original Contract Time: September 5, 2008 $642,125.60 Previous Change Orders No. 1 to No. 1 Net Change from Previous Change Order: $ 37,165 Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $679,290.60 December 5, 2008 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 24,805 N/A Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $704,095 December 5, 2008 Recommended Approved B : By: y Kevin Hansen, City Engineer American Liberty Construction Approved By: Approved By: Date of Council Action Gary Peterson, Mayor Walter Fehst, City Manager 82 Attachment to Change Order No. 2 City Project's 0805 & 0806 Page 1 of 1 Owner: City of Columbia Heights Contractor: American Liherty Construction Project: 2008 Park Improvements: Sullivan Park and Silver Lake Beach (0805-0806) Description of Changes: The Public Works Department requested these items be replaced. The work is detailed on the attached change order sheet(s) and can be summarized as follows: Additional quantities in contract unit price work and additional work in addition to the original contract documents due to field conditions, staff requested changes and unknown conditions: A: Silver Lake Beach 1. Adjustment in quantities to Base Bid Item 5.06 Natural Stone Retaining Wall -increase of 350 FF $ 6,160.00 2. Reroute water main to avoid storm sewer and maintain $ 3,507.60 minimum cover depth. 3. Adjustment in quantities to Base Bid Item 2.06 Erosion control fence -increase of 110 if. $ 242.00 4. Adjustment in quantities to Base Bid Item 4.O1 Asphalt paving for heavy duty trails for widening a section of trail and additional trail "T" -increase of 21 tons. $ 1,489.95 5. Adjustment in quantities to Base Bid Item 4.02 Aggregate base for heavy duty trails for widening a section of trail and additional trail "T" -increase of 40 tons. $ 959.20 6. Adjustment in quantities to Change Order No. 1 Soil Remediation -increase of 376 CY. $ 2,013.49 B: Sullivan Lake Park 7. Adjustment in quantities to Base Bid Item 4.07 Detectable Warning Plates. Increase of 8 sf. $ 540.80 8. Add items for additional construction costs for installing 8" PVC(by tennis courts) for drainage, revising catch basin design for infiltration basin, raising light pole base, and disposing of concrete rubble found buried on site. $ 4,595.15 9. Adjustment in quantities to Base Bid Item 2.03 Export of Common Fill. Increase of 5 CY. $ 46.75 10. Adjustment in quantities to Base Bid Item 5.07 Modular Unit Retaining Wall. Increase of 49 FF. $ 831.60 11. Add items for additional work for modifications of light poles due to unforeseen soil conditions. $ 4,297.26 12. Add Alternate for furnishing and installing 40 herbaceous plugs in basin. ~ 121.20 TOTAL OF CHANGE ORDER N0.2 $24,805 83 CITY COUNCIL LETTER Meeting of July 13, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROV L,., . g .,w,- , BYE ITEM: Rental Housing BY: Gary Gorman Licenses ~~ NO: DATE: July 7, 2009 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for July 13, 2009. COUNCIL ACTION: 84 List of 2009 Rental Licenses to Approve Occupant' I.D. Property Owner Name Properly Address 10059 Renewcon Development LLC 212 40TH 20282 Guardian Property Management 3731 PIERCE 20500 Anoka County Community Action Prograrr~641 POLK 30051 New Concepts Mgmt 970 43 1/2 30502 Anoka County Community Action Prograrrrt641 TYLER 30504 Anoka County Community Action Prograrr4647 TYLER 34049-NC Nancy Abbott 1429 42ND 20282 Hytham Abdel-Karim 3731 PIERCE 10038 Jim Adams 838 41ST 20079 Luis Agudo 1319 CIRCLE TERRACE 20078 Gary Anderson 4630 TAYLOR 10066 Shirley Apollo 3971 JOHNSON 20093 Meredith Bell 4616 TAYLOR 30171 Diane Berg 4242 3RD 30173 Diane Berg 4233 3RD 20068 Roger Blessing 4919 JACKSON 12094 Raymond Buganski 1026 45TH 20089 Jenn-Yuan Chen 1211 CHEERY 20089 Shin Chiang 1211 CHEERY 30053 Lester Chies 980 44TH 20102 Steven Efterfeld 1100 39TH 12221 William Field 4433 MAIN 20125 Carolyn Fisher 3728 PIERCE 20043 Edward Fragale 1324 CIRCLE TERRACE 20043 Pat Fragale 1324 CIRCLE TERRACE 10242 Farah Gelle 1234 43 1/2 20099 Jay Harris 1065 POLK 20006 Roy Hopf 4233 UNIVERSITY 12021 Mike Hozempa 3804 3RD 20068 Warren Jeung 4919 JACKSON 12078 Jane Johnson 5033 JACKSON 20347 Bryan Kingsriter 4049 UNIVERSITY 10211 Ken Koch 1842 41ST 20109 Dan Krick 4333 WASHINGTON 20117 Ping Luu-Wang 1214 45 1/2 20280 Dale Melberg 3719 PIERCE 12050 Kathleen Mills 1129 CHEERY 10226 Ines Miranda 4258 2ND 20140 Alexander Moseychuk 5043 JACKSON 07/07/2009 12:22 85 Page 1 List of 2009 Rental Licenses to Approve Occupant' I.D. Properly Owner Name Property Address 12174 Kenneth Myhre 34009-NC Dale Nawrocki 10057 Michael Nehmzow 12124 Luis Ochoa 10167 Donald Osterberg 20381 Gary Peterson 12093 Barbara Reed 20096 Mohmoud Rifai 20098 Mahmoud Rifai 20283 Mahmoud Rifai 20118 Allen Ringate 12115 Linda Rogers 20057 Dan Schreier 10065 Walter Sentyrz 20409-NC Audrey Stauch 20027 Tim Taylor T.P.T, Partnership 34008 Jerome Thompson 10172 Tsering Thongpatsang 20067-NC Willard Thorp 20007 Robert Vandeveer 30065 Arnold Weckwerth 12073 William Westman 10036 Robert Witt 1143 CHEERY 1331 42ND 4124 5TH 5009 JACKSON 3723 2ND 3713 BUCHANAN 4524 FILLMORE 1201 37TH 1137 37TH 3801 PIERCE 1300 45 1 /2 1057 POLK 4241 2ND 2119 45TH 4161 TYLER 831 40TH 1341 42ND 4230 RESERVOIR 1411 37TH 4636 TAYLOR 3857 EDGEMOOR 4909 JACKSON 4222 MONROE 07/07/2009 12:22 $s Page 2 CITY COUNCIL LETTER Meeting of: July 13, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: July 8, 2009 BY: ~- BACKGROUND/ANALYSIS Attached is the business license agenda for the July 13, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009, and a Temp. Beer/Wine License for Immaculate Conception's Fun Fest. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for July 13, 2009 as presented. COUNCIL ACTION: s~ TO CITY COUNCIL July 13, 2009 *Signed Waiver Form. Accompanied Application CONTRACTOR'S LICENSES 2009 BLDG *Avalon Bldg & Remodeling Inc *Heidelberger Plumbing Inc. *Residentiai Htg & AC Patrick Miller Construction *Marsh Htg & AC *Drain King *Suburban Air *Collisys *Total Air Inc *Practical Systems *Sharif AI Hammori Signcrafters *Affordable Stucco & Siding *Bldg Restoration Corp *MESPO Htg & AC *Ron's Heating & AC TEMP LIQUOR POLICE *Immaculate Conception Church Kathryn L. Fraser-Bus. Admin. 3123 James Ave So, Mpls $60 30]32 lOSt" St, Princeton $60 1815E 41 sc St. Mpls $60 2841 90t" Ln NE, Blaine $60 6248 Lakeland Ave No $60 7740 Beech St, Fridley $60 1290A Osborne Rd, Fridley $60 4990 N Hwy 169, New Hope $60 PO Box 17127, Mpls $60 4342B Shady Oak Rd, Hop $60 5011 University Ave $60 7775 Main St, Fridley $60 358 Maple St, SLP $60 1920 Oakcrest Ave, Rose $60 8448 Logan Ave N, Brl Pk $60 2747 Garfield St, Mpls $60 4030 Jackson St, Col. Hts $300 88 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: July 13, 2009 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 130820 through 131.064 in the amount of $ 11,820,956.09 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 89 v1 W + ~ ~ ~ ~ ~ H C7 ~ ~ x~ ow ~ ~ H LY, # # W W ~ ~ x~ o r.G U ~ ~ H -k i~ L~ # -k Cf] '~-~ i~ -k a~ ~ * a Oo ~ ~ U>+ U ~ ~ ~ i ~ ~ (xa U~p; i~ # HO O o o ~ + C W H ° aa N ~ m H L'J C,7 -K °k N lD U ~ ~ <r C ~o ~ ~ ~o -~ o ~ ~ C7 o a z ~+ -k -k H m ~ ~ cn a ~ -~~~-~~ H ~~~~~ ~~~~~a~~ a -~ ~ a ~~s~~,~ ~H~~~~~~ -~ ~ a uuuuu .uuu.uuuu~ a~ ~ is H U 0 0 0 0 U z v] ~ * ~ ~ N ~ p ~ ~ m ~ y zzzz* o 0 m ~ ~ U m 't3 •ri is i~ H r-I x ~ zzzz~ ~ or ~ ~ o x ,~ ~ ~ o U ~K Q', Q,' ~i ~i i~ N Si N ~% -k \ N v a ~ wwww~ ~ ~ ~ ~ ~ v, -~+ ~ ~ v ~ a a a a~ o -.-~ a ~ ~., ,~ ~ ~~~~~~ ~ ~ -~ w o ~~~~~~ ~, ~ « ~ ~ ~ ~ C ~ ~ -~ a~ ~ M i~ i~ rl Ul •rl H W m ~ + a.~ ul p ~ O [n in ~ -x [~ u m U .. 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The purpose of this district is to acquire and demolish the most blighted properties in the community that are currently for sale within the foreclosure market. As part of the project describe above the City has been given the opportunity to purchase property located at 4448 Quincy Street for $29,900 plus closing costs and demolition. The subject lot is 5,160 square feet with an existing two bedroom single-family home that is 1,084 square feet, which was built in 1920. There is a 480 Square foot detached garage that was built in 1960. The house has been minimally maintained. Flooring is missing; windows and doors are rotting, holes in the sheet rock, evidence of moisture intrusion, inadequate heating system, and rotting soffits. In addition the house is a permeated with cat urine which prohibited staff from viewing the upstairs area. Recommendation• Staff recommends approval of the purchase. Recommended Motion: Move to waive the reading of Resolution 2009- 91, there being ample amount of copies available to the public. Move to adopt Resolution 2009-91, approving the acquisition of property located at 4448 Quincy Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution 2009-91 COUNCIL ACTION: 99 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION N0.2009-91 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4448 QUINCY STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1..03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with the Federal Home Loan Mortgage Corporation (the "Seller") dated as of July 1, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 4448 Quincy Street Northeast and legally described as follows: Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, Lot 3, Block 12 (the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon. acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assignment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for $29,900. City staff and. officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 100 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. Passed this 13`" day of July 2009 Offered by: Second by: Roll Call: ATTEST: Patricia Muscovitz CMC City Clerk Mayor Gary L. Peterson 2 101 CITY COUNCIL LETTER Meeting of: July 13, 2009 AGENDA SECTION; Public I-Tearing ORIGINATING DEPT.: CITY MANAGER. NO: Community Development APPROVAL ITEM: Approve acquisition of 4522 5th Street BY: Sheila Cartney BY: ~e' DATE: July 7, 2009 Background• At the June 22, 2009 City Council meeting the City Council approved modifications to the C8 TIF district to create a scattered site district. The purpose of this district is to acquire and demolish the most blighted properties in the community that are currently for sale within the foreclosure market. As part of the project describe above the City has been given the opportunity to purchase property located at 4522 5th Street for $35,000 plus closing costs and demolition. The subject lot is 6,500 square feet with an existing two bedroom single-family home that is 750 square feet, which was built in 1942. In September 2008 this property was declared a "garbage house" and was cleaned up through an abatement process. The house has been minimally maintained. Windows are rotting, there is evidence of moisture damage throughout the house, the ceiling is peeling away, flooring is rotted and due to past issues an odor permeates the house which would require extensive remediation which would include removing sheetrock and insulation. Recommendation: Staff recommends approval. of the purchase. Recommended Motion: Move to waive the reading of Resolution 2009-92, there being ample amount of copies available to the public. Move to adopt Resolution 2009-92, approving the acquisition of property located at 4522 5th Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution 2009-92 COUNCIL ACTION: 102 RESOLUTION N0.2009-92 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT OR CERTAIN REAL PROPERTY LOCATED AT 4522 5th STREET NE IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1, Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and. remediate and prevent the emergence of blight. 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Edina Realty (the "Seller") dated as of July 6, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 4522 Sty' Street Northeast and legally described as follows: Oak Park Addition to Columbia Heights E1/2 of S1/2 of Lot 4 Block 2(the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assignment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property far $35,000. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all dacuments and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assigmnent. Passed this 13`x' day of July 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz CMC City Clerk CITY COUNCIL LETTER Meeting of July 13, 2009 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearing Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman f ,, BY: t~'' ~`F'~' Revocation DATE: July 7, 2009 DATE: NO: 09-96 to 09-97 Revocation of the Iicenee to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2009-96 - 4332 Tyler Street 2009-97 - 4635 6`" 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 2009-96, and 97 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-96, and 97 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: 104 RESOLUTION 2009-96 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 Tenzin Chodak (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4332 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 June 26, 2009 of an public hearing to be held on July 13, 2009, 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 May 1, 2009, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 26, 2009 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 schedule a rental property reinspection. 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 F9666 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. 105 Passed this _ day of 2009 Offered by; Second by; Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 106 RESOLUTION 2009-97 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 Cel Monton, LLC (Hereinafter °'License Holder"). Whereas, license holder is the legal owner of the real property located at 4635 6`h Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 29, 2009 of an public hearing to be held on July 13, 2009. 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 June 17, 2009, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 29, 2009 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 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 The rental license belonging to the License Holder described herein and. identified by license number F9753 is hereby revoked; 20 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 a 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. ~ o~ Passed this day of 2009 Offered by Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 108 CITY COUNCIL LETTER Meeting of July 13, 2009 AGENDA. SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: July 7, 2009 DATE: NO: 09-98 to 09-100 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2009-98 - 4850 4`" Street 2009-99 - 5056 Washington Street 2009-100 - 4030 Quincy 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 2009-98, 99, and 100 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-98, 99, and 100 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 properties pursuant to City Code section 8.206. COUNCIL ACTION: 109 RESOLUTION 2009-98 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement ofordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Steven M. Clarke (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4850 4th 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 June 8, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I . That on May 5, 2009 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 June 8, 2009 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 July 1, 2009 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon. said. records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A, Shall complete the shed project in back. Exterior must be compliant with the primary structure. 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 t11e property located at 4850 4th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completeda 110 ORDER OF COUNCIL 1, 1'he property located at 4850 4`" Street N.E.constitutes anuisance 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 2009 Offered by; Second bya Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 111 RESOLUTION 2009-99 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 Nichole Theis (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located. at 5056 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 June 25, 2009. 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 May 18, 2009 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 25, 2009 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3, That on July 1, 2009 inspectors reinspected the property and found that eight violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the broken picture window in the front B. Shall sod, lay down grass seed or install approved landscaping material on all bare areas of the yard. Adjacent to the driveway. 5. 'That all. parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL l . That the property located at 5056 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, 112 or tenant, as the case may be, have expired, or such rights have been exercised and completed ORDER OF COUNCIL I . The property located at 5056 Washingotn 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 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 113 RESOLUTION 2009-100 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 Lance E. Thoemke (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4030 Quincy Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 9, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I . That on May 7, 2009 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 9, 2009 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 6, 2009 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the fence in the rear B. Shall repair the fence along the northern property line That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8). CONCLUSIONS OF COUNCIL That the property located at 4030 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2, That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That ail 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. 114 ORDER OF COUNCIL The property located at 4030 Quincy Street N.E.constitutes anuisance 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 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 115 CITY COUNCIL LETTER Meeting of: July 13, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL _ ~ ITEM: Adopt Emergency Ordinance No. 1567, to BY: Jeff Sargent BY: ~ ~ ' ~- amend. the ordinance relating to dynamic DATE: July 8, 2009 `` LED si ns in all commercial districts. Background• On August 25, 2009, the City Council adopted Ordinance 1553, allowing the use of dynamic LED signs throughout the City. The intent of this ordinance was to permit dynamic LED signs only as an integral part of a monument sign, with the exception of motor fuel stations, which may utilize such signage on existing pylon signs in order to display fuel prices only. It was discovered that the language specifying that motor fuel stations may only utilize dynamic LED signs as a part of existing pylon signs to display only fuel prices was inadvertently omitted from the ordinance. At this time, Staff recommends adopting an emergency moratorium in order to correct and. amend Ordinance 1553, in order to reflect its original intention. Attached to the Council Letter is the Planning and Zoning Report for the August 8, 2008 Planning Commission Meeting. The end of the report indicates the intent of the ordinance to allow LED signs for motor fuel stations to display fuel prices only. The City Attorney has reviewed the ability of the City to impose this type of moratorium and has also opined that if the Council wants to implement an action immediately, an emergency ordinance could be acted. on per City Charter. Recommendation: Staff recommends Adoption of Emergency Ordinance No. 1567. Recommended Motion: MOTION: Move to waive the reading of Ordinance No. 1567, there being an ample amount of copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1567, being an Ordinance establishing an Emergency Moratorium for the purpose of protecting the planning process and the health, safety, and welfare of City residents and regulating dynamic LED signs in all commercial districts. COUNCIL ACTION: 116 EMERGENCY ORDINANCE NO. 1567 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING DYNANIIC LED SIGNS IN ALL COIVIlVIERCIAL DISTRICTS The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1.428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into five commercial districts, three business districts, and two industrial districts, one mixed development district; and, Section 4: The three commercial districts are further classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District, GB, General Business District, and CBD, Central Business District; and, Section 5: On August 25, 2008, the City Council approved Ordinance 1553, allowing the use of dynamic LED signs throughout the City; and, Section 6: The intent of Ordinance 1553 was to permit dynamic LED signs only as an integral part of a monument sign, with the exception of motor fuel stations, which may utilize such signage on existing pylon signs to display fuel prices only; and, Section 7: Language specifying that motor fuel stations may only utilize dynamic LED signs on existing pylon signs to promote the price of fuel only was inadvertently omitted from Ordinance 1553; and, Section 8: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of new dynamic LED signs within the City, while Ordinance 1553 is amended. in order to reflect the original intention. of the ordinance; and, Section 9: Minnesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 10: The Columbia Heights City Council hereby imposes a moratorium on dynamic LED signs in the LB, Limited Business District, GB, General Business District, and CBD, Central Business District effective immediately for the duration of six months, terminating on January 13, 2010, and recognizing said time period may be shortened by an ordinance adopted by the City Council. Section 11: Activities affected by this moratorium include the establishment of new dynamic LED signs within the LB, GB and CBD Commercial Districts in the City of Columbia Heights for the purpose of 117 protecting the planning process pending completion. Section 12: This Ordinance shall be in full force and effect immediately. Passed this day of 2009 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 118 CITI( OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0802 DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for LED Signage PREPARED BY: Jeff Sargent, City Planner INTRODUCTION On multiple occasions, business owners wishing to incorporate LED and dynamic signage to promote their business have approached the City asking for permission to incorporate this type of signage into their building. The current Sign Code and Design Guidelines specifically prohibit the use of variable electronic message signs, and a code amendment would be required before these businesses could be allowed to use this signage. Much research on dynamic signage has been done, as many other cities have recently amended their ordinance to regulate electronic signs throughout their respective cities. The following report includes the City of Columbia Heights' standards regarding dynamic signage, the different types of dynamic signs available. At this time, staff recommends amending the sign code in order to address and control LED and dynamic signage, in an effort to both stimulate and promote the economic vitality of the city, while ensuring that the signage is not obtrusive, distractive or incompatible with the overall character of the commercial districts throughout the city. WHAT IS LED SIGNAGE AND DYNAMIC SIGNAGE? "LED" stands for Light Emitting Diode, and is the industry-standard way of describing a changeable electronic sign. Per a study conducted by SRF Consulting Group, Inc. for the City of Minnetonka, a definition of Dynamic Signage was given as: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, LED Signage Case # 2008-0802 change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Examples of such signage include Electronic Changeable Copy signs, Electronic Graphic Display signs, Video Display signs, and Time and Temperature signs. Figure 1 is an example of some proposed sign standards used by the City of Bloomington, and shows the difference between the above-listed signs. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. ZONING ORDINANCE Section 9.106 (P)(6)(e - f), Prohibited Signs, lists "an animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof' and "a flashing sign, including indoor flashing, electronic signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information", as specifically prohibited in the City of Columbia Heights. The Design Guidelines state, "Variable electronic message signs are not permitted, with the exception of existing time/temperature signs". The zoning code and Design Guidelines would have to be amended to help regulate the use of dynamic signage throughout the city. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing Page 2 120 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, LED Signage Case # 2008-0802 viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect all business owners throughout the city and not solely for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION If the City Council chooses to allow all or certain types of dynamic signs, Staff recommends that regulations be imposed on such signage. Recommended Regulations Include: • Allowing such signs only in the CBD, GB, MXD, and PO Districts. • Allowing high schools and religious institutions the use of such signs, regardless of the zoning district they are located in. • Prohibiting motion, animation and video electronic signs. • Restricting the time duration of message changing to no less than once every 10 minutes in non-residential zones and no less than once 30 minutes in residential zones. • Allowing electronic signs only as a component of a monument sign. • Limiting the electronic signs to occupy no more than 50% of a monument sign. • Requiring an automatic dimmer control. • Requiring electronic signs to be no less than 35 feet from other electronic signs. If the City Council chooses to prohibit electronic and dynamic signs, Staff recommends that the current City Code be amended in order to clarify that these types of signs are indeed Page 3 121 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, LED ~ignage Case # 2008-0802 prohibited„ A definition of electronic and/or dynamic sign should be added to the Code with specific references made to them in the text. However, staff also recommends that gas station price signs be exempt, and electronic signs may be allowed to display gas prices only, with no limitation to the number of times during the day in which the price may be changed, Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments Draft zoning ordinance Figure 1 Page 4 122 CITY COUNCIL LETTER Meeting of: July 13, 2009 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL 0 ITEM: John P. Murzyn Hall Event Security BY: Keith Windschitl BY: ,~ NO: Recreation Director ` `~ f DATE: 7/ I /09 BACKGROUND John P. Murzyn Ha11 security officers have been provided by the Columbia Heights Police Department for many years. Over the years we have used Community Service Officers and most recently Reserve Officers. The Police Department will no longer provide this service. Some of the events have increased the need for quality security at Murzyn Hall. Staff has received proposals from G4S Wackenhut and Wolf Protective Agency. Both companies have been recommended and are capable of doing a great job in providing security for our building. It has been recommended that we use an armed officer over an un-armed officer. We do have flexibility as to switch between armed to un-armed or having an option for both, based on staff discretion. Attached are the proposals we have received. Below is a summary of how the two companies compare. COMPANY ARMED OFFICER UN-ARMED OFFICER G4S Wackenhut $22.00/hour $18.33/hour Wolf Protective A enc $22.97/hour $17.97/hour G4S Wackenhut does have afour-hour minimum, which coincides with our policy of having an officer if the bar lasts more than three hours. The annual contract is required and does have athirty-day written termination notice by either party. Wackenhut has also indicated they would supply the City with a copy of their insurance listing the City as additional insured. At the Park and Recreation Commission meeting held on June 24, 2009, the Commission unanimously voted to recommend G4S Wackenhut for John P. Murzyn. Hall event security. RECOMMENDED MOTION: Move to contract with G4S Wackenhut for John P. Murzyn Hall security and authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: 123 d~ Wackenhut Contract to Provide Security Services to: The City of Columbia Heights /John P. Murzyn Hall Submitted by: G4S Wackenhut 2610 University Avenue West Suite 210 Saint Paul, MN 55114 651.482.1928 (phone) 651.484.9091 (fax) www.wackenhut.com 124 ~ Wackenhut SERVICES CONTRACT THIS SERVICES CONTRACT is entered into as of ,Tune 16, 2009 [the "Commencement Dafe"] between The Wackenhut Corporation, a Florida Corporation, with an office Iota#ed at 2610 University Avenue West, Suite 210, Saint Paul, MN 55114 and The City of Columbia Heights !John P. Muryzn Hail ["Client"] ,a Corporation with an office located at 530 Mii1 Street N.E. Columbia Heights, MN 55421 [hereinafter Contractor and Client may be referred to as the "Party" or "Parties".} The Parties hereby agree as follows: 1. SCOPE aF SERVICES. (a} Conkractor shat! furnish and/or perform the security services described in Schedule A, attached hereto and incorporated herein by reference, {the "Services°} at Client's premises located at 530 Mill Street N.E., Columbia Ileights, MN 55421 (the "Premises") in accordance wi#h this Services Contract and all post orders or other written guidelines agreed upon by Client and Contractor {the "Contract"). The Client has specified the nature, type and degree of, and hours for, the services to be provided by Contractor far the purpose of carrying out the terms and conditions of this Contract. {b) Contractor is generally available to perform Emergency Services, subject to the Parties entering a separate Emergency Services Agreement that contains mutually agreeable terms and conditions. Emergency Services include, but are not limited ta: {i}acts of government in its sovereign capacity, (ii} fires, (iii) floods, (iv) strikes, (v) acts of terrorism, (vi) unusually severe weather, {vii) riots, (viii) earthquakes, or (ix) other acts of Gad. 2. BILLING; PAYMENT. (a) Client shall pay Contractor far the Services as specified in Schedule A. The rates contained in Schedule A shaii become effective as of the Commencement Date, and shall remain in force for one (1) year. Notwithstanding, following receipt of written notice from the Contractor, the rates shall be automatically adjusted far any change in casts mandated by law, including but not limited to State licensing fees, Federal Insurance Contribution Act (FICA}, Federal Unemployment Tax Act (FUTA), State Unemployment Insurance {SUI}, Workers' Compensation, and/or Federal or State minimum wage laws. In addition, the rates may be adjusted each November 1 far any increased cost for medical insurance premiums. Fees for the Services are exclusive of any local, State or Federal sales or service taxes applicable ko Services. To the extent State law taxes the Services, Contractor shall invoice Client for taxes as required by law. The client is so{ely responsible for the payment of all such taxes and shall remit to Contractor all such taxes along with payment of each invoice for Services issued hereunder. (b} The Client agrees to pay Holiday rates for the fallowing holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (c) The Client agrees to pay overtime rates, based on contract billing rates, for any additional hours of Service requested by Client that are pertormed far less than thirty (30}days. {d} Contractor will invoice Client weekly for the Services performed. All invoices are due and payable by Client upon receipt. Payments not received by Contractor within thirty {30} days from the date of the invoice shall accrue interest at the rate of one and one-half percent {1.5%} per monkh or the maximum allowed by law, if lower. 3, TERM• TERMINATION• RENEWAL. The initial term of this Contract shall be for one {1) year beginning on the Commencement Date. The Contract will automatically renew far successive one {1 }year periods with a minimum (to be negotiated} automatic increase in the labor and non-labor bill rates each renewal year. The Contract may be terminated: (a} effective thirty (30) days from the da#e of receipt of a written termination notice by either Party; (b) by Contractor for non-payment by Client following twenty-four (24} hours written notice; (c) immediately upon written notice to the Client in the event a Bankruptcy petition is filed or a receiver is appointed by or for the WP-066 (11/13/06) Page 1 of 5 125 Client, and; (d) by either Party effective thirty {30) days from the receipt of written notice to the other regarding the failure of such other Party to perform its duties or obligations hereunder, provided such failure is not cured within the thirty {30) day notice period. In the event Client terminates this contract for any reason other than Contractor's failure to perform as set forth in 3.(d} above, Client shall reimburse Contractor far any unamortized or unrecovered costs for vehicles or other special equipment procured for and used exclusively in the performance of this Contract. 4. DUTIES OF SECURITY OFFICERS. Contractor's security officers assigned to the Premises will perform the Services set forth in the Contract. The security officers will perform the duties assigned to them in accordance with applicable written post orders or guidelines, but shall be under the sole control and direction of Contractor. The Client assumes the risk and responsibility in the event that Client takes over direct control ar supervision of a Contractor employee by requiring the employee to perform contrary to the Contract or not perform duties as contemplated by the Contract. The security officers, while an duty, shall wear uniforms, present a neat and orderly appearance, and shall perform (heir duties in a courteous and respectful manner. 5. INSURANCE ANd LIMITATION OF LIABILITY. Contractor shall provide a visible presence, and shat( dater, observe and report. Contractor is not an insurer of the premises and makes no representation, express or implied, that its services will prevent injury, loss ar damage. Contractor shall maintain the fallowing insurance coverage: (i) workers' compensation insurance with statutory limits, {ii} automobile liability, with $1,000,000 combined single limit (each accident), and {iii) commercial general liability, (ncluding contractual liability, with coverage of $1,000,000 per occurrence/ $1,000,000 general aggregate. Client shall give notice to Contractor of any lass, damage, expense, claim, lawsuit, liability, fine or penalty {together referred to as "Claim") within thirty (30} days of the occurrence giving rise to the Claim or, with respect to a third-party Claim, within thirty {30} days from receipt of notice of the Claim. No claim, demand ar lawsuit regarding any such Claim shall be brought against Contractor by Client unless such notice is given. Contractor's liability under this Cantrac# sha[I be limited to the limits of Contractor's insurance coverages as set forth above. 6. INDEMNITY. Contractor and Client shall defend, indemnify and hold each other, and each other's respective parent company, subsidiaries, Insurers, agents and employees, harmless against a!I liability, foss, damage and expenses (including reasonable attorneys' fens) resulting from or arising out of this Contract to the extent such liability, loss, damage or expanse is proximately caused by the negligent or willful acts} ar omission(s) by the party from whom indemnity is sought, including such party's agents, employees or subcontractors. ft is the intention of the parties hereto that the obligat(ons of Contractor under this Paragraph shall be for the acts or omissions of its employees and agents, and any indemnification of Clien# by Contractor will only be to the extent of the Contractor's negligent or willful act(s) ar omission{s), including that of its employees or agents. Under no circumstances shall Contractor be obligated to assume any liability for the acts or omissions of any parson ar entity that is not an employee or agent of Contractor. The provisions of this Paragraph shall survive the expiration or termination ofi this Contract. 7. INABILITY TO PERFORM PROTECTIVE SERVICES. Contractor will not be liable for any failure or delay in performing the Services, in whale or in part, wham such failure or delay is caused by circumstances beyond Contractor's control, including acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, court order ar any other cause over which Contractor does not have direct control. 8. RECRUITMENT AND TRAINING EXPENSES. Each security officer assigned to the Premises has been recruited and trained at Contractor's expense using methods and training programs developed by Contractor. Client would receive the benefits and Contractor would suFfer the loss of such recruiting ar training expense if Client hired any such security officer. It is impractical or impossible to quantify with certainty the precise cost to Contractor of recruiting and training each security officer, but the sum of Two Thousand Five Hundred and 00(00 Dollars {$2,500,00} constitutes a reasonable approxima#ion of such recruiting and training expanse (the "Reimbursement Fee"}. Client shall pay to Contractor the Reimbursement Fee for each security WF-066 (11(13/06) Page 2 of 5 126 officer who is hired or retained by Client, or by any agent or contractor of Client, as a security officer or as one wl~o supervises security officers or security services at any client location, if such security officer performed any of the Services at the Premises during the twelve {12} months preceding hislher engagement by Client. 9. COMPLIANCE, Contractor and Client shall comply with a!I applicable Federal, State and local laws, rules and regulations. Contractor will take affirmative action to ensure that applicants are employed, and that empiayees are treated during employment, without regard to their race, color, religion, sex or national origin. In addition, and in accordance with Section 503 of the Rehabilitation Act of 1973, Contractor shall not discriminate against, and will take affirmative action to employ and advance in employment, qualified individuals with disabilities who, with reasonable accommodation, can perform the essential functions of a job. Further, and in accordance with 38 U.S.C. 4212 of the Vietnam Era Veterans' Readjustmen# Assistance Act of 1974, as amended, Contractor shall not discriminate against, and will take affirmative action to employ and advance in employment, qualified special disabled veterans, recently separated veterans, and other protected veterans. 10. SEVERABILITY OF PROVISIONS. The covenants and provisions contained in this Contract are separate and independent and in the event any section, paragraph or provision hereof shall be declared invalid, illegal or unenforceable in any respect for any reason, the same will not affect any other section, paragraph ar provision in this Contract, which should be construed as if such invalid, illegal or unenforceable section, paragraph or provision had never been contained herein. 11. ASSIGNMENT. Either party may assign this Contract to a wholly owned subsidiary or corporate affiliate. Absent such affiliation, this Contract shall not be assigned by either Party without the other Party's prior written consenf. 12. GOVERNING LAW. This Contract and ail amendments, modifications, alterations ar supplements hereto shall be deemed to have been executed in, and shall be governed by and construed in accardance with the laws of the State where the service is performed. 73. NOTICE. Any notice required to be delivered by either Party under this Contract shall be in writing and shall be deemed to have been duly given if either delivered personally or mailed in a registered ar certified postpaid envelope deposited in the United States mail addressed to the address of either Party as set forth below; To Contractor. G45 Wackenhut 2G10 University Avenue West, Suite 210 Saint Paul, MN SS 114 Attention: Isaac Luten,lV To Client: Tlxe City of Columbia Heights /John P. Muryzn Hall 530 Mill Street N.E. Columbia Heights, MN 55421 Attention: l~eith Windschitl 14. NON•WA[VER. Any failure of either party to strictly enforce the provisions of this Contract, with the exception of the notice requirement set forth in Paragraph 5 above, shaii not constitute a waiver of any contractual rights hereunder, unless such waiver is in writing signed by the waiving party. 15. INDEPENDENT CONTRACTOR. The relationship of Contractor to Client under this Contract shall be that of an independent contractor. This Contract shall not be construed to create an employment relationship between the Parties. Contractor shall be responsible for payroll, payroll WF-066 (1 i/13/06) Page 3 of 5 127 taxes (including Federal and State withholding taxes, Federal Social Security taxes and State unemployment taxes), casts of any background checks, uniforms and ail other expenses of Contractor in conjunction with the performance of this Cantract. 16. LICENSES. Contractor, ifs officers and employees, shall be duly licensed and will obtain all permits necessary and required to perform Services by the State, County and/or Municipality where Services are to be performed. 17. NO THIRD-PARTY BENEFICIARIES. `The Services are being provided only to Client or its agents. No other person or entity is, nor is intended to be, a third-party beneficiary under this Contract. Contractor is assuming no duty to protect any other persons or entities or their property. Contractor shah not be liable to any persons or entities not a party to this Cantract for any bodily injuries, including death, ar property damage, unless caused by Contractor, nor shall it be liable for indemnity and/or contribution in favor of any person or entity against whom such a claim is brought, including Client. 18. HAZARDOUS CONDITION5. Client warrants and represents that there are no chemical or other hazards that require disclosure to employees of Wackenhut that have not been disclosed to Wackenhut under the C?SHA Chemical Hazard Cammunlcation Standard 9910.1200. Client agrees that, to the extent it is required by law to provide such training to its awn employees, it will allow Wackenhut employees to attend any Hazard Communication Training Program and will provide all training materials to employees of Wackenhut. 19. ENTIRE AGREEMENT. This Contract is the final expression and embodies the entire agreement of the Parties relating to the subject matter hereof. No amendment or modification of this Contract shall be valid or binding upon the parties unless made in writing and property executed by Contractor and Client. 20. MISCELLANEOUS. (a) All references to the Parties shall include the plural as well as the singular, and heirs, legal representatives, successors and permitted assigns, whether the same is masculine, feminine ar neutral. (b) Each individual executing this Contract an behalf of a limited liability company, a corporation, a partnership or any other legal entity {the "entity"} represents and warrants that he or she is duly authorized to execute and deliver this Contract on behalf of the entity, and that this Cantract is binding upon said entity in accordance with its terms. (c) Ail exhibits, amendments and addenda attached hereto are hereby incorporated herein and made a part hereof. {d) The captions, section numbers and articles appearing in this Contract are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections ar articles of this Contract. (e} If either Party seeks to enforce this Cantract by or through an attorneyat-law, the non-prevailing Party shall pay to the prevailing Party upon demand all costs and expenses incurred by prevailing Party in connection with such enforcement action including, without limitation, reasonable attorneys' fees, expert fees, costs and expenses. IN WITNESS WHEREOF the Porkies have Commencement Date by a duly,auth~rized agent, The Wackenhut C rpe tioru~ B ~~ ,? Y• Name: Isaac Luten caused this Contract to be executed as of the Client: The Ciry of Columbia Fleights /John P. Murzyn Hafl ~y: Name: I~eitl~ Winclschitl Title: General Manager Title: Date: 07/OI /2009 Date: wF-06fi (11!13/06} Page 4 of 5 128 SERVICES CONTRACT SCHEDULE A Scope of Work: Provide Aimed/Unarmed Security Officer Coverage for Banquets/Special Events. Hours Per Week.: Varies Pricing: CPO -Armed Offieez° Bill Rate:$22.0© OT/Holiday Bill Rate: $30.80 USO -Unarmed Officer Bill Rate: $18.33 OT/Holiday Bill Rate $25.66 W F-066 (t 1113/06} Page 5 of 5 129 PROPOSAL FC}R SECURITY SERVICES for The City of Columbia I~eights 530 Mill Street NE Columbia Heights, MN 55421 Ph: 763-706-3 732 vy GOLF PROTECTIVE AGENCY, INC 10732 Hanson Boulevard COON RAPIDS, MINNESOTA Ph: 763-862-0600 / F: 763-862-1310 130 ~INTRODUCTION~ Wolf Protective Agency, Inc. is a recognized and demonstrated expert in providing physical protection, security, and risk management services for individuals, business, industry, hotel properties, healthcare, manufacturing, entertainment venues, property manageme~St, retail outlets, special events, and gover•i~ment. With cumulative management experience of over 50 years, we have carefully built a reputation for providing highly professional, reliable service predicated on solid preparation of personnel, a demand for excellence in performance, and for instilling the value of proactive intervention whenevez° possible. Successfully mitigating risk and liability is what we are about, every day, wherever we are deployed. ~TRAINING~ Officers in the employment of Wolf Protective Agency, Inc. receive training that far exceeds State of Minnesota training mandates far the security industry. Wolf Protective Agency, Inc., prior to assigmalent to The City of Columbia Heights, we will assure that our officers receive a comprehensive review of WPA customer service policies and protocols and of work rules and regulations related to our industry. Note also that WPA employees are subject to a strict drug and alcohol policy that includes random testing if indicated. WPA has an Equal Opportunity and Affirmative Action Plan certified by the State of Mim~esota and is an employer that takes pride in its diverse workforce. 131 ~INFRASTRUCTURE~ AlI of the officers in the employ of Wolf Protective Agency, Inc, that will be assigned to Tlie City of Columbia Heights will be attired in clean, well tailored uniforms with identifying insignias. Each officez• will be equipped with atwo-way radio that is a serviced by a 24-hour dispatch center. Each officer can also be equipped with a mobile phone if required. Patrol officers are equipped with late model squad cars, with emergency lights, two way radios, basic fiz•st aid materials, and GPS tracking allowing for location in emergencies and independent tl3ird-party documentation of car activity. The cars are equipped with znodezns allowing for electronic transmission of documentation and faz• remote monitoring of security cameras with appropriate electronic interface. Wolf Pz°otective Agency, hlc. officers are also suppozted by well seasozxed, experienced, and accessible management. Collectively there is over 50 years of industry experience in the WPA znanageznent staff with a solid command and understanding of risk and liability mitigation. SCOPE OF SERVICE Wolf Protective Agency, Inc. and its officers will address the following security concerns for The City of Columbia Heights: e Security of Tlfe City of Columbia Heights properties, and personnel. • Operational emergencies that constitute a risk to The City of Coiwnbia Heights, personnel and property. ® Medical emergencies that can be addressed within the scope of WPA officer's skills sets and the City of Columbia Heights protocols. • Documentation of Officer Activities pursuant to The City of Columbia Heigh#s. 132 • Documentation of lncident Reports pursuant to policies that mutually assure the legal protection of both WPA and The City of Columbia Heights interests. MANAGEMENT OF OPERATIONS and ACCOUNT SERVICES Any operational issues or deficiencies identified by The City of Columbia Ileights or WPA management i°egarding the daily WPA/The City of Columbia Heights operations will be addressed by the WPA Quality Management Program. Corrective Action Plans will be completed and implemented for all significant issues or deficiencies. The Action Plan will be completed in defined tune period by assigned personnel and submitted to The City of Columbia Heights management for comment, review, and/or revision. ~PRICING~ Service Location: 53Q Mill Street NE, Columbia Heights, MN 55421 • On-Site Security Services ~17.97~3er hour, per unarmed officer. $22,97 per hour per armed officer. ~Hours~ Specific hours and number of officers to be determined. Minimum of four hour shifts. 133 CITY COUNCIL LETTER Meetin of: Jul 13, 2009 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: John. P. Murzyn Hall Bar Policy BY: Keith Windschitl BY: ,~~,,~ . ~~- ~~~ NO: Recreation Director ~ . DATE: 7/1/09 BACKGROUND John P. Murzyn Hall bar policy currently allows an open bar if events have 275 people or less. This allows renters to bring in their own alcohol and bartender, and give the drinks out to the guests at no charge. Recently, this policy has become more of problem with larger groups, exceeding the number of guests during the event and over serving with free alcohol. There also has been some question whether people of legal age are being served during an open bar. This has impacted the building in a negative way requiring additional cleaning and repairing of damages. We have increased the number of security and staff on occasions to help deter these types problems. Some open bar rentals have required assistance from the Police Department where people have been arrested. All of these circumstances increase the liability to the City. The current policy also allows the renter to hold a Lion's bar where the Columbia Heights Lions Club operates the bar and charges by the drink. This Lions bar is required when the expected amount of guests is higher than 275 people. The Lions Club is the only organization that is authorized to conduct liquor sales in the facility. At the Park and Recreation Commission meeting held on June 24, 2009, the Commission unanimously voted to recommend. a no open bar policy on any new rental effective immediately and to work with all current rentals to urge them to use a trained bartender, the Lion's Club or a licensed liquor establishment. Any exceptions to this policy would need to be approved. by the Park and Recreation Commission. RECOIVIlVIENDED MOTION: Move to amend the John P. Murzyn Hall bar policy to require all new rentals to use the Columbia Heights Lion's Club or a licensed liquor establishment effective immediately. COUNCIL ACTION: 134 ADD TO AGENDA: Item C3 Other Business s Resolution 2009-102, Support of a Veterans Clinic in the City of Ramsey C.3. Adopt Resolution No. 2009-102, being a Resolution in support of a Veterans Clinic in the Ramsey Town Center Development. MOTION: Move to waive the reading of Resolution No. 2009-102, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-102, being a Resolution in support of a Veterans Clinic in the Ramsey Tov~n~ Center Development. RESOLUTION N0.2009-102 RESOLUTION IN SUPPORT OF A VETERANS CLINIC IN THE RAMSEY TOWN CENTER DEVELOPMENT WHEREAS, men and. women throughout Minnesota have served in the Armed Forces of the United States in times of peace and in times of war; and WHEREAS, by virtue of their commitment and service to their country, these men and women are entitled to quality, accessible medical care; and WHEREAS, the United States Department of Veterans Affairs desires to construct a new Community Based Outpatient Clinic (CBOC) to provide health care services to these veterans; and WHEREAS, many of the veterans who would be served by a new CBOC will rely on public transportation in order to access the medical. services they need; and WHEREAS, a new CBOC should be accessible via public highways and mass transit; and WHEREAS, the Ramsey Town Center development in the City of Ramsey, Minnesota, is ideally located along US Highway 10, with transit bus service available and Northstar Commuter Rail service in close proximity in the near future; and WHEREAS, the Ramsey Town Center development has fully established land and infrastructure to support the operation of a large medical clinic; and the City of Ramsey is willing and able to offer suitable sites in the Ramsey Town Center project for the construction of such a facility; and WHEREAS, the Columbia Heights City Council supports the construction of a new veterans CBOC in the City of Ramsey to be located in the Ramsey Town Center development. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY, STATE OF MINNESOTA, as follows 1. That the Columbia Heights City Council, via resolution, supports the construction of a new Veterans CBOC in the City of Ramsey to be located in the Ramsey Town Center development. 2. That the Columbia Heights City Council urges the United States Department of Veterans Affairs to expedite the construction of a new CBOC at the earliest possible time. Whereupon said resolution. was declared duly passed and adopted by the Columbia Heights City Council this 13"' day of July 2009. Motion by: Second by: Roll call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz, City Clerk RESOLUTION #2009-b2 RESOLUTION IN SUPPORT OF A VETERANS CLINIC IN THE RAMSEY TOWN CENTER DEVELOPMENT j" WHEREAS, men and women throughout Minnesota have served in the Armed Farces "off ~`~°= the United States in times of peace and in times of war; and -_" - _ • r; - _. WHEREAS, by virtue of their commitment and service to their country, these3mers;?and ._ ~~,i,t. -x~, women are entitled to quality, accessible medical care; and `~~s rs WHEREAS, the United States Department of Veterans Affairs de`sires;to'~construct a r,,:F. new Community Based Outpatient Clinic (CBOC) to provide health '~are~;services to these veterans; and ;-_ •~~~~~` ~'fYF~~n '~~`.. WHEREAS, many of the veterans who would be sei~ved by ~~~'new CBOC will rely on ,~ public transportation in order to access the medical services_tley need; and WHEREAS, anew CBOC should be accessible. va:{public highways and mass transit; ~, and ~ , .r p1"r WHEREAS, the Ramsey Town.C4~nter development in the city of Ramsey, Minnesota, is ideally located along US Highway 10`' with;"transit bus service available and Northstar Commuter Rail service in close proximity in tlieriear future; and WHEREAS, the Ramsey~:;Towri>;Center development has fully established land and infrastructure to support the opea~Ari`of a aarge medical clinic; and the City of Ramsey desires to attract new development to the Ramsey Town Center project: a. s ~~ •,,~ NOW, THEREFORE', BE IT RESOLVED that the Anoka County Board of Commissioner` urges :the;" United States Department of Veterans Affairs to expedite the construction off. r~ew CBOC at the earliest passible time. ~r~- "si;:~d :~r.. ,.:r,: . i~ .;4 -~ :'ra, - *.~,~ f•. PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE JULY 13, 2009 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2009-96, 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 Tenzin Chodak regarding rental property at 4332 Tyler Street N.E. PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE JULY 13, 2009 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2009-97, 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 Cel Moton,LLC regarding rental property at 4635 6t St NE. 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