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HomeMy WebLinkAboutAugust 24, 2009 RegularCITY OF COLUMBIA HEIGHTS M vor Gary L. Peterson 590 40"' Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers Vsit our website at: www.c%coturrrhru-heiehfg.artn.us Robert A. Williams Brace Nawrocki Tammera Diehnr Bruce KeL-enberg City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at '7:00 PM on Monday, August 24, 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 Jeremiah Rice, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council meeting minutes MOTION: Move to approve the minutes of the August 10, 2009 City Council meeting. p4 MOTION: Move to approve the minutes of the August 13, 2009 emergency City Council p20 meeting. B. Accept minutes of the Columbia Heights Boards and Commissions pzz MOTION: Move to accept the July 1, 2009 minutes of the Library Board of Trustees. C. Establish City Council work session for Monday, August 31, 2009. pz4 MOTION: Move to establish a City Council work session on Monday, August 31, 2009 beginning at 7:00 p.m. in Conference Room 1. D. Authorize Chance Order No. 1 for 2008 Street Reconstruction, Proiect No. 0602, 0802, and Pz s 0808. MOTION: Move to authorize Change Order No. 1 for modifications to concrete curb and gutter, concrete street, concrete sidewalk including pedestrian ramps, bituminous path, patching, and density incentive, water system, traffic signal system, signs, and landscaping, City Project 0602, City Council Agenda Monday, August 24, 2009 Page 2 of 3 0802, and 0808 to Midwest Asphalt Corporation in the amount of $83,006.16 to be funded from Water Fund ($3,651.90), Liquor Store Fund ($6,682.25), Infrastructure Fund ($6,216.00), and State Aid Funds ($66,456.01). E. Accept the proposal from SEH for a Conservation Water Rate Study p37- MOTION: Move to accept the proposal from SEH for a Conservation Water Rate Study based upon their proposal dated August 10th, 2009, in an amount not-to-exceed $9,740; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. F. Approval of the attached list of rental housing license applications. Poi MOTION: Move to approve the items listed for rental housing license applications for August 24, 2009. G. Approve Business License Applications p4s MOTION: Move to approve the items as listed on the business license agenda for August 24, 2009, as presented. H. Approve Payment of Bills p47 MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 131401 through Check Number 131600 in the amount of $1,679,010.39. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Liquor license application, 405 Central Avenue. p56 MOTION: Move to deny liquor application for Robert S. Moreland, to own and operate the Star Bar, 4005 Central Avenue, based on provisions of City Code 5.504. B. Second Readint^ of Ordinance 1569 re: Weapons (Facsimile Firearms psi MOTION: Move to waive the reading of Ordinance No. 1569, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1569, being an ordinance relating to Weapons. C, Second Reading of Ordinance 1.568 re: Repeat Nuisance Call Service Fee pis MOTION: Move to waive the reading of Ordinance No. 1568, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1568 being an ordinance relating to Repeat Nuisance Call Service Fee. D. Adopt Resolutions 2009-123, 4501 Polk Street N.E.. 2009-124.3928 Central Avenue N.E.. p80 2009-125 4600 Polk Street N.E. 2009-126 380] Van Buren Street N.E. 2009-127 4122 Madison Street N.E., 2009-128, 4536 Taylor Street N.E., 2009-129, 543 Lomianki Lane N.E, and 2009-130, 3835 Tyler Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-123, 124, 125, 126, 127, 128, 129, and 130 being ample copies available to the public. City Council Agenda Monday, August 24, 2009 Page 3 of 3 MOTION: Move to adopt Resolution Numbers 2009-123, 124, 125, 126, 127, 1.28, 129, and 130 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. E. Adopt Resolution 2009-131, 4544-46 Fillmore Street N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights• Pg~ MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-131 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-131 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 7. ITEM5 FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business Approve the Premises Permit Application for Columbia Heights Athletic Boosters to conduct charitable ag mbling activities at Chevy Grille, 3701 Central Avenue NE ploo 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 the Chevy Grille restaurant, 3701 Central Avenue NE, and furthermore that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL COF:NER 11. ADJOUItNMEN ,~ f ~,~~ Walter R. e st, Cit Manager W F/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, AUGUST 10, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 10, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. ResohUrons may be found at the erzd of this document. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Ruth Hograbe, Community United Methodist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGL~I~TCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution 2009-112, in that the property has met the code requirements. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of our visiting Polish Students and their Chaperones Mayor Peterson indicated we are entertaining nine students and two chaperones from Lomianki, Poland, our Sister City. Chaperone Kasia Senkiewicz thanked everyone for the hospitality of the Sister City Committee, the host families, and. the city. Introductions and "thank you's" were given by the students. Students in attendance were: Agata Paplinska, Jakub Werder, Jakub Zawadzki, Julia Hajdacka, Konrad Jagodzinski, Marta Sucharska, Monika Duriasz, Roch Stefaniak, Zuzia Zalewska. Polish Student Chaperons were Kasia Senkiewicz and Bozena Lisowska. CONSENT AGENDA Nawrocki requested to remove items A, C, E, F, G. and H for discussion. City Manager Walt Fehst took Council members through the remaining Consent Agenda items. A. Approve Minutes of the July 27, 2009 City Council meeting. -removed. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the March 30, 2009 minutes of the Housing and Redevelopment Authority. Motion to accept the August 5, 2009 minutes of the Planning and Zoning Commission. C. Approve purchase of an AS400 Computer and Installation from Affiliated Computer Services, Inc. (ACS -removed D. Transfer of funds from General Fund to the Police Department budget to reimburse the overtime fund. Motion to transfer $4,360.00 received from CHHS and Unique Thrift Stores and $2,432.17 received from the Nightcap grant for our participation in the Anoka County DWI Task Force from the General Fund to the Police Department 2009 Budget line item 1020, Police Overtime. E. Adopt Resolution 2009-115 authorizing the execution of agreement and participation in the Safe and Sober communities rant program -removed City Council Minutes Monday, August 10, 2009 Page 2 of 16 F. Authorize School Liaison Officer Contract with School District #13 for 2009-2010 -removed G. Establish date for 2009 Public Special Assessment Levy Hearing for: Zone 1C and 3B Seal Coat ProgLram, Zone 4 Street Rehabilitation and Alley Reconstruction, and Delinquent Accounts. - removed H. Approval of the attached list of rental housi~~license applications, as they have met the requirements of the Property Maintenance Code. -removed Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 10, 2009 as presented. J. Approve Payment of Bills Motion to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 131258 through Check Number 131.400 in the amount of $1,536,716.56. Motion by Nawrocki, second by Diehm, to approve items B, D, I, and J on the Consent Agenda. Upon vote: All ayes. Motion carried. Items removed for discussion: A, Approve Minutes of the July 27. 2009 City Council meeting. Nawrocki indicated that in his statement regarding the Elk River waste plant, the word "would" should be changed to "could". Motion by Nawrocki, second by Williams, to approve the minutes of the July 27, 2009 City Council meeting with the recommended. change. Upon vote: All ayes. Motion carried. C. Approve purchase of an AS400 Computer and Installation from Affiliated Computer Services, Inc. (ACS) Bill Elrite, Finance Director, stated the current computer financial system was purchased in 2000, and we have exceeded its useful life expectancy. We have looked at other alternatives, but there is no other effective alternative other than to upgrade the current system at a cost of $30,000. Nawrocki stated this was not a budgeted item. He asked what other funds would be used and will something be removed from the budget to make up the difference. Elrite stated that there is a capital improvement account for equipment replacement. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-116 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2009-11.6 being a resolution to purchase an AS400 computer and installation from Affiliated Computer Services, Inc. (ACS) at an amount not to exceed $31,000 with a related budget appropriation from Fund 431 Capital Equipment Replacement -General Government. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2009-115 authorizing the execution of agreement and participation in the Safe and Sober communities r~ ant proms 5 City Council Minutes Monday, August 10, 2009 Page 3 of 16 Police Chief Scott Nadeau stated that we partner with other communities to form a task force for this program. Wages, for special enforcement, are paid through a grant. Motion by Williams, second by Diehm, to waive the reading of Resolution 2009-115, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2009-115 authorizing the execution of agreement and participation in the Safe and Sober Communities grant program. Upon vote: All ayes. Motion carried. F. Authorize School Liaison Officer Contract with School District #13 for 2009-2010 Nadeau stated this has been a long standing agreement to provide a liaison officer for the high school and for the middle school. The middle school officer will be funded one-half by the school and one-half by the city. Nawrocki indicated that when a grant ends, tax payers are expected to pay for the program to continue. Nadeau. explained the job description of the middle school liaison officer and the value of the position. Nawrocki requested a report on the quantitative results of the position. Nadeau stated this information is collected for grant reporting. Diehm stated that, as the parent of middle school children, this position has been a great addition. Middle school is a tuff time, with problems like bullying. Having an officer there shows a strong position. Diehm stated that she is a strong supporter of this position. Motion by Diehm, second. by Kelzenberg, to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as stipulated in the Joint Powers Agreement for the period of September 1, 2009 through December 31, 2010. Upon vote: All ayes. Motion carried. G. Establish date for 2009 Public Special Assessment Levy Hearing for: Zone 1C and 3B Seal Coat Program. Zone 4 Street Rehabilitation and Alley Reconstruction, and Delinquent Accounts. Nawrocki suggested the hearings be held during the first regular Council meeting in October so it would be televised and all members of the City Council could be present. Diehm stated she has received feedback that people like the hearings at a separate time, as they can learn what they want to know in a less intimating situation. Motion by Diehm, second by Kelzenberg, to establish Monday, October 5, 2009 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0901. Seal Coat Project, to be held in the City Council Chamber. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Motion by Diehm, second by Kelzenberg, to establish Monday, October 5, 2009 at 6:20 p.m. as the Public Special Assessment Levy Hearing for City Project #0902 Zone 4 Street Rehabilitation and Alley Reconstruction, to be held. in the City Council Chamber. Upon. vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Motion by Diehm, second by Kelzenberg, to establish Monday, October 5, 2009 at 6:40 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chamber. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; City Council Minutes Monday, August 10, 2009 Page 4 of 16 Peterson, aye. 4ayes - 1 nay. Motion carried. H. Approval of the attached list of rental housing license applications, as they have met the requirements of the Property Maintenance Code. Nawrocki stated that there is not a 1200 Polk, and that addresses here are on Polk Place. They should read 1125 and 1035 Polk Place, and 1087 is actually Polk Circle. 1069 is Polk Place and 1043 Polk is actually Polk Place. Motion by Williams, second by Kelzenberg to approve the items listed, as corrected, for rental housing license applications for August 10, 2009. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. A request for a Conditional Use Permit to permit a digital LED dynamic sign at 3701 Central Avenue. Sargent stated that the Council approved a moratorium on signage to clean up language in the City Code. The Code intent was for gas station pylon signs to only display LED gas prices. Before the moratorium an application was filed by Jeff's Bobby and Steve's Autoworld for a conditional use permit (CUP) to utilize their pylon sign with an LED sign. Our City Attorney's legally opinion was that this application would have to be allowed, subject to conditions of our current ordinance. The application was reviewed by the Planning and Zoning Commission (P&Z) on August 9t", whereby staff recommended approval. Approval failed by a two aye, two nay vote. Tl~e Planning Commission sited an unfair advantage to this business if the CUP was granted and it would not be consistent with our Central. Avenue Design Guidelines. Sargent clarified the dates of ordinance passage and application submission. Diehm requested staff summarize the P&Z report and read. the various requirements. Sargent indicated the proposal is to eliminate the current bottom lines of the pylon sign and replace them with three LED lines for messages. The ordinance Limits the LED size to less than 50 percent of the sign. This request complies with that and all other requirement. Sargent stated this would not impose any additional difficulties for the area, nor diminish the use of the property, or increase traffic. Staff recommended approval of this permit. Nawrocki stated that Autoworld, the Credit Union, and the State Bank were told to cease and desist with their current signs. Autoworld did not comply. Sargent indicated that the owners were sent several letters regarding this sign. Diehm stated that the Council must refer to the language in our current ordinance and not whether we are allowing an advantage or disadvantage. It is unfortunate that we make a mistake in our ordinance; that was not our intent. Jim Hoeft, City Attorney, stated the need. to comply with the existing ordinance. There is a current moratorium to address this and to keep it from happening again. Nawrocki stated that this is a conditional use permit and should be allowed discretion. He indicated that allowing the sign, at this point in time, would not be the best thing to do. Motion by Nawrocki to adopt Resolution 2009-120, denying the Autoworld LED sign request. Diehm questioned the City Attorney regarding City Code requirements for conditional use City Council Minutes Monday, August 10, 2009 Page S of 16 permits. Hoeft stated they are discretionary to a point. Courts do strictly follow the 60 day rule. This application meets the list of criteria. This may not be what the Council intended, but is what the current language reads. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2009-119, there being ample copies available to the public. Nawrocki questioned the timing with the moratorium approval. Hoeft explained the 60 day rule and indicated the moratorium has no relevance on this request. Peterson stated that this application came in before the moratorium was put in place. We must abide by our City Code. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2009-119, approving a Conditional Use Permit for a digital LED sign for Jeff's Bobby and Steve's Autoworld located at 3701 Central Avenue, subject to the conditions outlined in Resolution No. 2009-119. Hoeft indicated that there is no connection between him and the contracted company, Hoeft Signs. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 1 abstention - 1 nay. Motion carried. B. Approval of a 5-foot front yard setback variance for a monument sign and denial of a 5-foot height variance for a monument sign far 4621 Central Avenue. Jeff Sargent, City Planner, explained the requests for setback variance and monument sign height variance. The applicant is concerned that the monument sign would be blocked by parked vehicles. Staff believes this would not follow our Design Guidelines. The P&Z approved the setback variance and denied the height variance. Nawrocki questioned. the square footage of the sign anal if they are currently compliant with our sign ordinance. Sargent stated it is 35 square feet and they are in compliance at this time. Nawrocki asked if the past free standing sign complied. Sargent stated that was with a previous owner. The sign was ordered removed, and it was removed over one year ago. No parking stalls will be lost to this sign placement. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-117, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2009-117, approving a 5- foot front yard setback variance for a monument sign located at 4621 Central Avenue, subject to the conditions outlined in Resolution No. 2009-117. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-118, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, August 10, 2009 Page fi of 16 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2009-118, denying a 5- foot height variance for a monument sign for Mr. BBQ, located at 4621 Central Avenue because of the lack of a justifiable hardship and because granting the variance would cause potential negative impacts to the public and surrounding properties. Upon vote: All ayes. Motion carried. C. Adopt Resolutions 2009-111 1140-42 45th Avenue N.E., 2009-112, 4901. 5th Street N.E., 2009- 113, 4509 Fillmore Street N.E., and 2009-114, 4648 Polk Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Resolution 200-112 was removed, as the property was brought into compliance. Assistant Fire Chief John Larkin indicated the abatements were for immediate securing of the properties. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2009-111, 113, and 114 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adapt Resolution Numbers 2009-1.11, 113, and 114 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. D. First Reading: Ordinance l 568 re: Repeat Nuisance Call Service Fee Police Chief Scott Nadeau stated the recommended ordinance is patterned after other cities, such as Robbinsdale's, to deal with properties that have repeat calls for crimes quantified in the statute. This ordinance would begin to fine owners after the third nuisance violation in a twelve month period. Nawrocki questioned single family homes versus multiple units and the criteria for violations. Nadeau. stated. it is not for the number of calls for service and would not include calls such as domestic abuse, but calls listed by State Statute. This is for grievous conduct, such as repeated contacts for narcotics. Hoeft stated that the standard is set by the Legislature. Nawrocki asked. if a citation has to be issued. Hoeft stated no; the citation is at the discretion of the officer. Nawrocki question the owner's right to appeal. Hoeft stated they can appeal to the city council. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1568, there being ample copies available to the public. Upon. vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to set the second reading of Ordinance No. 1568 for Monday, August 24, 2009, at approximately 7:00 p.m., in the City Council Chambers. Upon vote: All ayes. Motion carried. E. First Reading: Ordinance 1569 re: Weapons (Facsimile Firearms) Police Chief Scott Nadeau referred to youth concealing facsimile firearms, i.e. replica firearms, BB guns. The ordinance excludes firearms with orange tips. It is not our intention to outlaw air soft guns, but to have the ability to address the carrying of them. Diehm stated this was discussed at a work session, which included description of a youth with a City Council Minutes Monday, August 10, 2009 Page 7 of 16 fake firearm that we could not charge because it was not real. Sometimes you can not tell the fake from the real, at a distance or up close. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1569, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1569 for Monday, August 24, 2009, at approximately 7:00 p.m., in the City Council Chambers. Nawrocki asked if those licensed to carry a firearm are exempt. Nadeau stated yes, but if they are licensed to carry a real firearm they would not carry a facsimile firearm. Hoeft stated that State Statute pre-empts local authority on this. Upon vote: A11 ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business 1. Approve professional services agreement for the final design of the Gateway Pedestrian Br~d~e. Hansen stated that five proposals were sent out and four were returned, all of which meet the RFP requirements. The two lowest proposals came in substantially lower than anticipated. Engineering costs were anticipated at seven percent and the two low proposals were five and one-half percent on engineering costs. Based on their proposal and contact with references, SRF is being recommended far the project. Nawrocki asked the city's cost to date and. staff time used. Hansen stated $24,000 to Bonestroo and up to $33,000 to Evergreen, which has not all been used. Staff time has not been determined.. This will be under funding number 402 and project number 50906. Nawrocki referred to the use of state aid dollars for this project and not available for other projects. Hansen indicated this is state aid construction dollars, not maintenance dollars. Nawrocki questioned the construction supervision cost. Hansen stated it will be about 12 percent of the project cost. The payment of construction and. contract administration will be from grant funds. Nawrocki questioned the bridge ramp widths. Hansen indicated that the State wants a 12 foot width, but to keep within the area we have, we are proposing ten feet. Nawrocki questioned easement purchase. Hansen stated that the west side easement is only for construction at $5,000 and the permanent easement on the east side is estimated at $1.40,000 and would be part of the project cost. Nawrocki questioned the requirement for public involvement. Hansen stated there have been three or four meetings with the City Council and Park and Recreation Commission, and it has been posted on our cable TV, web site, and the library. Public comments have also been solicited and received. Nawrocki requested a copy of the comments. Nawrocki questioned soil boring tests. Hansen stated they are in process. Nawrocki questioned utility relocation costs. Hansen stated we will not determine that until the preliminary design. Centerpoint lines will be at their expense. There may be water main and fiber optic relocates. Nawrocki again stated this is MNDot's bridge and they should replace it and take on the liability. Nawrocki stated there is still life in the existing bridge. Motion by Diehm, second by Williams, to accept the proposal from SRF Consulting Group, Inc. 10 City Council Minutes Monday, August 10, 2008 Page 8 of 16 in the amount of $127,911 for the final design of the Gateway Pedestrian Bridge and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. Peterson stated that he came across the Camden Bridge today and it is rusting away. If we rely on MNDOT, we will have a long wait. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. 2. Approve the purchase agreement for the property acquisition of 675 37th Avenue, owned by Hilltop Trailer Sales. Hansen stated that the owners approached the city in 2004 regarding acquisition. In 2008 we proceeded to look at different acquisition options, such as bonding or a contract for deed. In terms of need to own the property, the PCA will soon require site improvements with a storm water ponding area, materials storage for our projects and water main breaks, and winter sand storage. Staff proposes Council consideration of purchase for May of 201.0, when payments would begin. A $100,000 down payment was budgeted in 2009 and monthly payments would be $9,164. Staff looks to fund most of the monthly payments with cell tower proceeds and the rest through the public works budget. Diehm. stated this has been a tough issue, which has been discussed at work sessions. The Public Works Department is anxious to have this property. Diehm indicated she did not feel she could support this purchase, as she does not agree with the price. The taxable value is $220,000. Other property owners are indicating they can not sell their property for the taxable value. Diehm indicated her understanding of the risk that the owner may not be willing to deal with us in the future. Nawrocki agreed with Diehm's comment on the price. The property was bought ten years ago for $160,000 and has limited value. It would work far us, but if the owner wants to get someone else to build on the property the soils might not be sufficient. The current use of the property does not meet code to store vehicles, as it is not hard surfaced. The price is way too high. Hansen stated with current operations we still have the need for space and currently use the old NEI property. Peterson stated it is unfortunate, as the city owned this land at one time. Peterson stated the city needs this property. Hansen stated that staff did negotiate with the owners.. Nawrocki questioned if this offer was still valid because of the date indicated. Hansen stated that it was still acceptable. Peterson stated that the owners are nice gentleman that are only looking out for themselves. Motion by Nawrocki to terminate discussion on purchase of 675 37th Avenue, at the indicated price. Diehm stated her preference that there would be no such motion. Peterson called for a second. to the motion. Motion died for lack of a second. Motion by Kelzenberg, second by Peterson, to authorize the Mayor and City Manager to enter into a purchase agreement for the acquisition of 675 37th Avenue, owned by Hilltop Trailer 11 City Council Minutes Monday, August 10, 2009 Page 9 of 16 Sales. Nawrocki indicated that we are telling our property taxpayers how tight things are, and this would suggest bonding for the purchase. Upon vote: Kelzenberg, nay; Williams, abstain; Diehm, nay; Nawrocki, nay; Peterson, aye. 3 nays - 1 aye - 1 abstain. Motion failed. 3. Adopt Resolution No. 2009-121, being a Resolution declaringthe intent to bond for the land acquisition of 675 37`-" Avenue NE -removed 4. Appointments to vacant Board and Commission~ositions. Removed ADNIINISTRATIVE REPORTS Report of the City Manager Nawrocki questioned action on the past discussion of a neighborhood meeting in the area of the new adult foster care facility. Fehst stated that in a follow up discussion with neighbors, they found that the owners were not interested in meeting with them. Nawrocki indicated concerns on the property maintenance of Grand Central Lofts. Report of the City Attorney -nothing to report CITIZENS FORUM Randy Mann, 2421 North Fourth Street, explained his invention of a vehicle that runs on compressed air and. the future need of generating air power and docking stations. Nawrocki suggested he speak to the city engineer. Donna Schmitt, 4260 Tyler Street, stated that as a Planning and Zoning Commission member, she voted against approval of the LED sign request because it would not follow our Comprehensive Plan and Design Guidelines. She referred to this being an unfair advantage over other businesses and her understanding that this was a mistake in the zoning ordinance. Roger Strom, 690 47 '/2 Avenue, stated that he has a very large boulevard maple tree that is dying. He has asked the Public Works Department many times to trim it, but nothing has been done. Nawrocki stated he discussed this with Hansen and was told they will do so when all tree trimming is done. COUNCIL CORNER Kelzenberg • National Night Out was a great success - 48 parties were held and attended by 13 officers and 1,200 citizens. Commended our citizens for their participation • Commended the library for the 875 participants (highest in 40 years) in their summer program. This month broke gate count records. Fehst stated this is in spite of their reduced hours. The Library is doing a great job. • SACA received donations from the Police/Fire softball games. We lost to Fridley and the Girls Fast Pitch won their game, of course. 12 City Council Minutes Monday, August 10, 2009 Page 10 of 16 Williams Diehm • Happy to see we passed the program for our pedestrian bridge and we are fortunate to receive funds to replace it. The current bridge does not meet ADA requirements. • Part one crimes are down 2l percent, year to date. Part two crimes are also down. Our Police Chief is doing a great job. The nuisance calls ordinance is also very important. Asked when the public safety building will open. Nadeau indicated October 3rd There may be an open house for public prior to move in, for safety reasons. The building is beautiful and is coming along wonderfully. Nawrocki • Public safety building -taxpayers will pay $600,000 a year far this building. • Heights Happenings newsletter -did not see any meaningful changes in the budget article in the second draft. • Anoka County Union states that Anoka proposes a zero tax increase. Suggested we look at how they propose to do that. Continues to have concerns about property tax increases. Fehst stated that the four year plan has no increase in expenditures next year, other than union contracts already settled. Fehst again commended our employees for taking a two week furlough. Peterson • Fridley has had lower tax increases over the years and now has a problem going to the taxpayers to increase their levy limit. • Bricks are still for sale, to build our statue. The fund is at $28,000 of the $55,000 needed. • The next fundraiser will be a pig roast/corn feed/bingo event on September 20. • Buy a commemorative coin from any police officer or firefighter. • The public safety building is coming along very nicely. Doc Smith is doing a fantastic job. • Don't for get our service men and women. - include them in your prayers. Patty Muscovitz's son is now heading to Afghanistan; please keep him in your prayers. • Don't take yourself too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:45 p.m. Patricia Muscovitz CMC City Clerk. RESOLUTION N0.2009-116 BEING A RESOLUTION TO PURCHASE AN AS400 COMPUTER AND INSTALLATION FROM AFFILIATED COMPUTER SERVICES, INC WHEREAS, the City of Columbia Heights has determined the need to replace certain existing obsolete IBM computer equipment; and WHEREAS the vendor Affiliated Computer Services, Inc (ACS) is the only vendor uniquely qualified to install and configure such IBM equipment specifically to operate ACS software; and 13 City Council Minates Monday, August 10, 2009 Page 11 of 16 WHEREAS, the City has obtained a quote for replacement equipment from ACS, at a price below the established State of Minnesota Purchasing Contract price available directly from IBM; and WHEREAS, the City has accumulated and designated funds for this replacement over a number of years in Fund 431 Capital Equipment Replacement -General Government; therefore BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights authorizes the City Manager to enter into a purchase agreement for an AS400 computer and installation from Affiliated Computer Services, Inc. (ACS) at an amount not to exceed $31.,000, with a related budget appropriation from Fund 431 Capital Equipment Replacement -General Government. RESOLUTION N0.2009-115 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND PARTICIPATION 1N THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the City of Columbia Heights Police Department shall enter into grant agreements with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled Safe & Sober Communities during the period October 1, 2009 through September 30, 2012; and WHEREAS, that the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Columbia Heights Police Department. NOW, THEREFORE BE IT RESOLVED that Chief Nadeau of the Columbia Heights Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project entitled Safe & Sober Communities on behalf of the Columbia Heights Police Department. RESOLUTION N0.2009-119 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF'S BOBBY AND STEVE'S AUTOWORLD FOR A DYNAMIC LED DISPLAY SIGN WITHIN THE CITY OF COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2009-0801) has been submitted by Jim Hoeft Signs to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3701 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13}(c)1, to allow a dynamic LED sign in the GB, General Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 5, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and. property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 14 City Council Minutes Monday, August 10, 2009 Page 12 of 16 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and. in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one ~) calendar,tear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one- halfhour before sunset and one half-hour after sunrise. RESOLUTION N0.2009-117 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR MR. BBQ WHEREAS, a proposal (Case # 2009-0802) has been submitted by Mr. BBQ to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4621 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot front yard setback variance for a monument sign per Code Section 9.106 (P)(12)(a) 3. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5, 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. 15 City Council Minutes Monday, August 10, 2009 Page 13 of 16 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. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The base of the monument sign will be constructed of a masonry or brick base to match the principal structure. 3. The applicants will obtain a building permit for the sign prior to construction of the monument sign. 4. Appropriate landscaping and curbing shall be installed around the monument sign to help protect on-site vehicular traffic. RESOLUTION N0.2009-118 DENIAL OF A 5-FOOT HEIGHT VARIANCE FOR A MONUMENT SIGN FOR 4621 CENTRAL AVENUE WHEREAS, a proposal (Case # 2009-0802) has been submitted by Mr. BBQ to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4621 Central Avenue LEGAL DESCRIPTION: On File at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot height variance for a monument sign per Code Section 9.106 (P)(12)(a) 3. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5, 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 does accept and shall adopt 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. There is a lack of hardship needed to support the variance. 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. Although every property along Central Avenue in the General Business District is unique in its layout, there are very few properties in which the only location of a monument sign would be directly abutting and adjacent to parking stalls. 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 properly. There is a lack of hardship needed to support the variance. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The intent of the Comprehensive Plan is to promote the economic vitality of the City. Granting the variance request would assist in achieving this goal. S. 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. A 5-foot height variance is too extreme and would cause a disproportional view of the property, causing material detriment to the public welfare. FURTHER, BE IT RESOLVED, that said variance request is denied based on the following: 1. There is a lack of viable hardship to justify the requested variance. 2. Granting the variance would permit a structure that would be disproportionate to the remainder of the property and would be materially detrimental to the public welfare. 16 City Council Minutes Monday, August 10, 2009 Page 14 of 16 RESOLUTION 2009-111 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Mortgage Electronic Registration Systems (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1 140-1 142 45`h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 23, 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 July 23, 2009 the Fire Department responded to a long grass complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on July 23, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3. That on July 23, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses listed in the Anoka County Property Records database.. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 1140-42 45`'' Avenue N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1140-42 45`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 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 1140-42 45`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 2009-113 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 ECM Mortgage Corporation (Hereinafter "Owner of Record"). Whereas, the owner of record is the Legal owner of the real property located at 4509 Fillmore Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 15, 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: 17 City Council Minutes Monday, August 10, 2009 Page 1 S of 16 FINDINGS OF FACT 1. That on July I5, 2009 the Fire Department responded to a complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on July 15, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3. That on July 15, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses listed in the Anoka County Property Records database.. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 4509 Fillmore Street N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4509 Fillmore Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4509 Fillmore Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-114 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 William T. Wall (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4648 Polk Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, 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 July 21, 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 July 21, 2009 the Fire Department responded to a complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on July 21, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3. That on July 21, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses listed in the Anoka County Property Records database.. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 4648 Polk Street N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 18 City Council Minutes Monday, August 10, 2009 Page 16 of 16 1. "t"hat the property located at 4648 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all. applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4648 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 19 OFFICIAL PROCEEDINGS CITY OF COLUMBL~ HEIGHTS EMERGENCY CITY COUNCIL MEETING THURSDAY, AUGUST 13, 2009 The following are the minutes for an emergency meeting of the City Council held at 5:00 p.m. on Thursday, August 13, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Kelzenberg Tardy: Councilmember Diehm Absent: Councilmember Williams PLEDGE OF ALLEGLANCE -recited MEETING AGENDA ITEM Kevin Hansen, Public Works Director, stated he was informed on Tuesday of the 30 day condemnation requirement. Because of pedestrian bridge project deadline requirements, we need to establish this resolution. as soon as possible. Nawrocki questioned the difference between a special meeting and. an emergency meeting. Patricia Muscovitz, City Clerk, stated that a special meeting can be posted three days in advance and an emergency meeting is called and posted as allowed. This meeting was posted at City Hall, the Library, and on the City's web site. Nawrocki stated this condemnation is to avoid negotiations. Hansen stated that with only negotiations, we may be unable to meet the given deadline. Nawrocki stated that typically a condemnation will cost more money. Councilmember Diehm arrived at 5:08 p.m. and was apprised of the request. MOTION by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2009-122, there being ample copies available to the public. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes. Motion carried. MOTION by Kelzenberg, second by Diehm, to adopt Resolution No. 2009-122, being a Resolution authorizing and directing the condemnation of certain property for public purposes, City Project 0906, under the Uniform Relocation Assistance and Real Property Acquisition Policies Act and the current State-Aid Manual. Hansen stated that MNDot is waiving the 30 day time period, with the understanding that we contact the owner and continue negotiations. We do intend on negotiating during this time period. Diehm stated there was a change in the law in 2006; if the ultimate condemnation award is more that 40 percent greater than our last offer, we want to make sure we have an accurate written offer. Hansen stated that the offer made was based on the appraisal and we are aware of the law. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 1 nay - 1 absent. Motion carried. Zo City Council Minutes Thursday, August 13, 2009 Page 2 of 2 ADJOURNMENT Mayor Peterson adjourned the meeting at 5:11 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-122 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES, CITY PROJECT 0906, WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property"} is located within the City; and WHEREAS, the City Council finds that it is necessary. Convenient, desirable, for a public purpose, in the best interest of the City and will promote the general health, welfare and safety of the community for the City to acquire easements encumbering the Subject Property as described in Exhibit A for pedestrian bridge purposes; and WHEREAS, the City Council finds that the funding and construction schedule for the construction of pedestrian bridge improvements over Central Avenue NE (TH 65) at 49`h Avenue within and upon the Subject Property makes it necessary to acquire title to and possession of the proposed easements encumbering the Subject Property prior to the filing of the final report of the condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: 1. It is necessary that a permanent easement for pedestrian bridge purposes and a temporary construction easement encumbering the Subject Property be acquired by the City as described in Exhibit A attached hereto through the exercise of the power of eminent domain if consultant for the City in this matter is unable to obtain such easements through voluntary negotiations. 2. The Land Acquisition Firm of Evergreen Land Services Company is hereby authorized and directed to take all steps necessary to acquire said easements on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. § 117.042, prior to issuance of an award of damages by Court Appointed Commissioners. 3. The City Manager is authorized to determine the amount of just compensation for the taking of said easements encumbering the Subject Property for the purpose of presenting an offer to the owner of the Subject Property pursuant to Minn. Stat. § 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. § 117.042. 21 '~._- Approved ,~„ 8/5/09 ~-'-- \\ t i/ COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES July 1, 2009 The meeting was called to order by Chair Patricia Sowada, at 6:30 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 June 3, 2009, Board meeting were approved as mailed. The bill list dated 6/22/09 was reviewed. It was moved, seconded and passed that the bills be paid. The 2009 accounting dated. '7/1/09 was reviewed. Old Business: 1. Three Pages started training at the Library this month: Regina Jesse, Rukia Sheikh-Mohamed, and Matthew Stenberg. The Pages will start on the regular schedule in August. 2. Two applications for the vacant Library Board seat have been received and the City Council will be interviewing in the next month. New Business: 1. The crossover statistics for May were reviewed. The Board reviewed the 2010 proposed budget. The Board appreciated the detailed comment page. Loader highlighted that the figures from the 2008 budget, including the approved raises and related personnel costs far 2010, were used for base calculations. It was also noted that the expenditures and the revenues in the proposed budget were identical, and the figures are based on local levy with no LGA. Major proposals for the Library include the reinstated Adult Services Librarian position, restoration of service hours, computer equipment, copy machine, print manager, Unique Management, and the Southwest emergency door replacement. Discussions concerning the Honeywell contract continue. Loader will inform the Board when any agreements are finalized. Loader will attend the Library budget hearing on July 13`'', with the City Manager, and Finance Director. 3. Effective August 1, 2009, Anoka County Libraries will charge $2.00 for replacement Library cards. The Board recommended for consistency and bottom line that we increase the Library card replacement fee to $2.00. It was moved, seconded and passed that effective August I, 2009, the fee for a replacement library card will be $2.00. 4. The Xcel note that financed the replacement lighting in the Adult reading room has been paid off. The electric bill will be lower as the Library will. just be paying for electricity used. However, the recent energy audit recommended several items including relamping with energy efficient bulbs, replacement of exit signs, and other significant energy issues. The total project includes an energy rebate, and monthly savings that project a payback in 2.9 years. Loader will be approaching the City to propose this project. 22 Items from the Floor: 1 ~ The Board reviewed the books selected in honor of Kevin Thomson. The Board appreciated the books and the bookplate.. There being na further business, the meeting was adjourned at 7:27 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The Ciry of Columbia Heights does not discriminate on the basis of disability in the admission o~° 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 23 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: August 24, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish Work Session BY: Walter R. Fehst BY: 'j for Mon,, August 31, 2009 DATE: August 19, 2009 ~ NO: DATE: It is suggested to schedule a City Council work session on Monday, August 31, 2009 beginning at 7:00 p.m. in Conference Room 1 to discuss: Gateway Pedestrian Bridge -Aesthetic Design Standards 2. Refuse Contract Proposal Review RECOMMENDED MOTION: MOTION: Move to establish a City Council work session on Monday, August 31, 2009 beginning at 7:00 p.m. in Conference Room 1. ---- COUNCIL ACTION: 24 CITY COUNCIL LETTER Meeting of: 8/24/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: AUTHORIZE CHANGE ORDER NO. I FOR 2008 (BY: K. Hansen STREET RECONSTRUCTION, PROJECT N0.0602, 0802, DATE: 8/18/2009 AND 0808. CITY MANAGER ~, F* ,~__ / BY: ~~ u i . ~; DATE: Background: The 2008 Street Reconstruction Project is complete with only remedial work needed on the University Avenue (TH 47) slope landscaping. The work included University Avenue Service Drive street reconstruction which included new storm sewer, concrete curb and gutter, bituminous pavement and trail, fence, and landscaping; SOt" Avenue turn lane at Central Avenue (TI-I 65); mill and overlay on Madison Place/Jefferson Street south of 39`" Avenue and on 5`" Street from 39`" Avenue to 40`" Avenue; 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, ar on a time and material basis. The work is detailed on the attached change order sheet(s) and can be summarized as follows: Project 0602 -University Avenue Service Drive • Item No. I : Clear and grub lilacs from 44`" Avenue to 45`" Avenue • Item No. 2 and 3: Remove and construct concrete walk at CDS (40`" Avenue) • Item No. 4 and 5: Place aggregate base and path 8' wide • Item No. 6: Install insulation to protect water main • Item No. 7: Install hydrant extensions • Item No. 8: Install NMC loop detectors • Item No. 9: Install No Parking signs • Item No. 10: Hydromulch slope • Item No. 11: Bituminous density incentive Project 0802 - SOt" Avenue Turn Lane • Item No. I and 2: Remove and construct concrete curb and gutter • Item No. 3, 4, 5, and 6: Remove and construct concrete walk, pedestrian ramp and truncated domes • Item No. 7: Special patch bituminous • Item No. 8: Construct concrete turn lane COUNCIL ACTION: 25 CITY COUNCIL LETTER Meeting of: 8/24/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: AUTHORIZE CHANGE ORDER NO. i FOR 2008 BY: K. Hansen STREET RECONSTRUCTION, PROJECT NO. 0602, 0802, DATE: 8/18/2009 AND 0808. CITY MANAGER BY: DATE: • Item No. 9: Replace wire for signal system Proiect 0808 - 5`h Street and Jefferson Street State Aid Mill and • Item No. 1: Bituminous density incentive More than 50% of the change order is related to changes required by Mn/DOT after the project was bid, even though Mn/DOT had previously approved the plans and specifications. Staff recommends approval of Change Order No. 1, Recommended Motion: Move to authorize Change Order No. 1 for modifications to concrete curb and gutter, concrete street, concrete sidewalk including pedestrian ramps, bituminous path, patching, and density incentive, water system, traffic signal system, signs, and landscaping, City Project 0602, 0802, and 0808 to Midwest Asphalt Corporation in the amount of $83,006.16 to be funded from Water Fund ($3,651.90), Liquor Store Fund ($6,682.25}, Infrastructure Fund ($6,216.00), and State Aid Funds ($66,456.01). Attachment: Change Order No. 1 COUNCIL ACTION: 26 CHANGE ORDER NO. 1 Project: 2008 Street Reconstruction City Project: 0602, 0802, and 0808 Owner: City of Columbia Heights Date of Issuance: August 13, 2009 637 38`x' Avenue N.E. Columbia Heights, MN 55421 Contractor: Midwest Asphalt Corporation Engineer: City Engineer P.O. Box 5477 Hopkins, MN 55343 You are directed to make the following changes in the Contract Documents: Description: Project 0602 Project 0802 Clear and grub lilacs from 44`h to 45`h Avenues Remove and construct curb and gutter Remove and construct concrete walk at CDS Remove and construct concrete walk Place aggregate base and bit. path 8' wide instead of 6' Construct pedestrian curb ramp Install insulation to protect water main Install truncated domes Install hydrant extensions Special patch bituminous Install NMC loop detectors Construct concrete turn lane Install No Parking signs Replace wires for signal system Hydromulch slope Bituminous density incentive Project 0808 Bitl~minous density incentive Purpose of Change Order: The contract has been modified to include the following: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 952,359.84 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: $ 952,359.84 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 83,006.16 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $1,035,366.00 NIA Approv ~ Approved By: ,~ By: ~ Ci Engi (Contractor) 27 City Manager Walt Fehst Mayo~• Gary Peterson Date of Council Action Attachment to Change Order Na. 1 City Project No. 0602, 0802, and 080$ Page I Owner: City of Columbia Heights Contractor: Midwest Asphalt Project: 2008 Street Reconstruction Description of Changes: The City requested the following work far additions, changes or modifications to the contract documents: Project 0602 -University Avenue Service Drive • Item No 1 • Clear and drub lilacs from 44`" Avenue to 45`h Avenue The lilac bushes could not be saved during construction. Costs will be appropriated from municipal state aid fiords. • Item No 2 and 3• Remove and construct concrete walk at CDS (40`h Avenue) The sidewalk and path in the area of the cul-de-sac, bus stop and traffic signal pole was field designed after the cul-de-sac was moved to accommodate the existing Xcel energy pole. Casts will be appropriated from municipal state aid funds. • Item No 4 and 5° PIace aggregate base and path 8' wide After months of discussions with Mn/DOT about constructing the path 8' wide rather than 6' wide, the 8' width was finally approved after the project was under construction. Costs will be appropriated from municipal state aid finds. • Item No 6• Install insulation to protect water main The water main was not constructed as shown on the asbuilt plans and actually curved toward the storm sewer pipe being installed as part of the project. Insulation was placed to protect water main from frost during the winter months. Costs will be appropriated from water fiord. Item No 7: Install hydrant extensions The depth of the water main combined with the slope of the ground required the use of hydrant extensions to install the hydrant at the correct elevation. Costs will be appropriated from water fiord. Item No 8• Install NMC loop detectors Mn/DOT required additional loop detectors be installed at 44`h Avenue and TH 47. Costs will be appropriated from municipal state aid fiords. • Item No 9' Install No Parking suns New signs "No Parking Both Sides" were required for the east side of the street in order to eliminate signs in the path when it was widened to 8'. Costs will be appropriated from municipal state aid fiords. 28 Attachment to Change Order No City Pa°oject No. 0602 and 0802 Page 2 Item No. I0: Hydromulch slope Construction was nearing completion in late fall. Hydromulch was used to stabilize the slope between TH 47 and the Service Drive with permanent seeding rather than temporary mulch followed by permanent seeding the following spring. Costs will be appropriated from municipal state aid fiords. Item No. I I : Bituminous density incentive Mn/DOT specifications require incentive payment when density of bihminous compaction exceeds requirements. The City is not able to alter this section of the specification when State fiords are used for construction. Costs will be appropriated from municipal state aid funds. Project 0802 - 50`h Avenue Turn Lane Item No I and 2: Remove and construct concrete curb and gutter Mn/DOT required concrete pedestrian curb ramp modifications on three of the four corners as part of the permit approval process. Concrete curb and gutter was installed on the east side of the alley adjacent to the liquor store. Costs will be appropriated from Liquor Store and municipal state aid funds. • Item No 3 4 5 and 6' Remove and construct concrete walk pedestrian curb ramp and truncated domes Mn/DOT required concrete pedestrian curb ramp modifications on three of the four corners as part of the permit approval process. Costs will be appropriated from municipal state aid funds. • Item No. 7: Special patch bituminous Additional bituminous patching was required with construction of curb and gutter and pedestrian curb ramps. Costs will be appropriated from Liquor Store and -nunicipal state aid funds. • Item No. 8: Construct concrete turn lane To facilitate drainage and for constructability, the widened turn lane area was constructed with concrete rather than bituminous. Costs will be appropriated from infrastructure fund. • Item No. 9: Replace wire for signals s~ tem New wires had to be installed when existing wires were not long enough to allow moving the traffic signal pole to accommodate the torn lane. Costs will be appropriated from municipal state aid fiords. Project 0808 - S`~' Sh°eet and Jefferson Street State Aid Mill and Ove-•lay Item No. 1: Bituminous density incentive Mn/DOT specifications require incentive payment when density of bituminous compaction exceeds requirements. The City is not able to alter this section of the specification when State fiords are used for construction. 29 Costs will be appropriated fi°om municipal state aid funds. Page 3 CHANGE ORDER 1 NO. ITEM DESCRIPTION UNNERSITY AVENUE SERVICE DRIVE -PROJECT 0602 1 Clear and grub lilacs, 44th to 45th Avenues L.S. $ 2 Remove concrete walk at CDS S.F. $ 3 Construct concrete walk at CDS S.F. $ 4 Place 6" aggregate base for path C.Y. $ 5 Place 2" wearing course for path Ton $ 6 Install insulation to protect water main L.S. $ 7 Install hydrant extension Ea. $ 8 Install NMC loop detector Ea. $ 9 Install post and No Parking signs Ea. $ 10 Hydromutch slope S.Y. $ I 1 Bit<iminaus density incentive L.S. $ TOTAL FOR PROJECT 0602 UNIT UNIT PRICE (JUAN AMOUNT Funding Source Amount Water Fwd $3,651.90 State Aid $51,837.83 50TH AVENUE TURN LANE -PROJECT 0802 1 Remove curb and gutter 2 Construct concrete curb and gutter 3 Remove concrete walk 4 Construct concrete walls 5 Construct pedestrian curb ramp 6 Install truncated domes 7 Special patch bituminous 8 Construct concrete turn lane 9 Replace wires to mast arm and pole #5 TOTAL FOR PROJECT 0802 $ 55,489.73 L.F. $ 2.00 93 $ 186.00 L.F. $ 19.00 229 $ 4,351.00 S.F. $ 1.00 416 $ 416.00 S.F. $ 5.60 350 $ 1,960.00 Ea. $ 445.00 3 $ 1,335.00 S.F. $ 35.00 24 $ 840.00 Ton $ 97.00 65 $ 6,305.00 S.F. $ 7.00 888 $ 6,216.00 L.S. $ 2,848.72 1 $ 2,848.72 $ 24,457.72 Funding Source Amount Infrastructure $6,216.00 Liquor Store $6,682.25 State Aid $1.1,559.47 5TH STREET AND JEFFERSON STREET -PROJECT 0808 1 Bituminous density incentive L.S. $ 3,058.71 TOTAL FOR PROJECT 0808 Funding Source Amount State Aid $3,058.71 TOTAL FOR CI-LA.NGE ORDER 1 30 3,331.25 1 $ 3,331.25 0.75 384 $ 288.00 4.80 439 $ 2,107.20 19.00 346 $ 6,574.00 73.00 323 $ 23,579.00 2,695.90 l $ 2,695.90 478.00 2 $ 956.00 765.00 3 $ 2,295.00 247.25 16 $ 3,956.00 0.92 7260 $ 6,679.20 3,028.18 1 $ 3,028.18 1 ~ 3,058.71 S,UJ25. / t $ 83,006.16 CITY COUNCIL LETTER Meeting of: 8/24/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ° '^~ ,~,~ ~., ITEM: CONSERVATION WATER RATE STUDY BY: K. Hansen BY: ~` ~ ~ / ° DATE: 8/19/09 DATE: Background: The 2008 Legislature added a new requirement for all Metro Cities to incorporate conservation rates to their water rate structure. A copy of Statute 103G.291, subd. 4. Conservation rate structure required is attached. The rate structure must be in place by January 1, 2010 and must be submitted to the MNDNR by that date. Analysis/Conclusions: Staff requested proposals from two firms specializing in the water industry -SEH and PCE, copies attached. Each firm developed a work plan with a scope of work, with the staff directed initiative of only meeting the minimum requirements of the 2008 law. The fees ranged from $$9,740 from SEH to $15,000 from PCE. SEH performed the last utility rate study update and has much of the computer model in place which will keep the costs down for developing the most appropriate conservation rates for Columbia Heights. The legislative goal is to encourage and implement water conservation. There are various means that may be implemented to meet the statutory requirement -such as inclining block rates, seasonal rates, time of use rates, individual goal rates and excess use rates. The study will evaluate and recommend the most viable rate structure fog- the City of Columbia Heights. Recommended Motion: Move to accept the proposal from SEH for a Conservation Water Rate Study based upon their proposal dated August l Ot", 2009, in an amount not-to-exceed $9,740; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:kh Attachments: MN Statute 103G.291 SEH Proposal PCE Proposal COUNCIL ACT10N: 31 MINNESOTA STATUTES 2008 103G.291 I03G.29I PUBLIC WATER SUPPLY PLANS; APPROPRIATION DURING DEFICIENCY. Subdivision 1. Declaration and conservation. (a) If the governor determines and declares by executive order that there is a critical water deficiency, public water supply authorities appropriating water must adopt and enforce water conservation restrictions within their jurisdiction that are consistent with rules adopted by the commissioner. (b) The restrictions must limit lawn sprinkling, vehicle washing, golf course and park irrigation, and other nonessential uses, and have appropriate penalties for failure to comply with the restrictions. Subd. 2. Modification of appropriation for noncompliance. Disregard of critical water deficiency orders, even though total appropriation remains less than that permitted, is adequate grounds for immediate modification of a public water supply authority's water use permit. Subd. 3. Water supply plans; demand reduction. (a) Every public water supplier serving more than 1,000 people must submit a water supply plan to the commissioner for approval by January 1, 1996. In accordance with guidelines developed by the commissioner, the plan must address projected demands, adequacy of the water supply system and planned improvements, existing and future water sources, natural resource impacts or limitations, emergency preparedness, water conservation, supply and demand reduction measures, and allocation priorities that are consistent with section 103G.261. Public water suppliers must update their plan and, upon notification, submit it to the commissioner for approval every ten years. (b) The water supply plan in paragraph (a) is required for all communities in the metropolitan area, as defined in section 473.121, with a municipal water supply system and is a required element of the local comprehensive plan required under section 473.859. Water supply plans or updates submitted after December 31, 2008, must be consistent with the metropolitan area master water supply plan required under section 473.1565, subdivision 1, paragraph (a), clause (2). (c) Public water suppliers serving more than 1.,000 people must employ water use demand reduction measures, including a conservation rate structure, as defined in subdivision 4, paragraph (a}, unless exempted under subdivision 4, paragraph (c), before requesting approval from the commissioner of health under section 144.383, paragraph (a), to construct a public water supply well or requesting an increase in the authorized volume of appropriation. Demand reduction measures must include evaluation of conservation rate structures and a public education program that may include a toilet and showerhead retrofit program. (d) Public water suppliers serving more than 1,000 people must submit records that indicate the number of connections and amount of use by customer category and volume of Copyright ~~'~ 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 32 2 MINNESOTA STATUTES 2008 103G.291 water unaccounted for with the annual report of water use required under section 103G.281, subdivision 3. (e) For the purposes of this section, "public water supplier" means an entity that owns, manages, or operates a public water supply, as defined in section 144.382, subdivision 4. Subd. 4. Conservation rate structure required. (a) For the purposes of this section, "conservation rate structure'° means a rate structure that encourages conservation and may include increasing block rates, seasonal rates, time of use rates, individualized goal rates, or excess use rates. The rate structure must consider each residential unit as an individual user in multiple-family dwellings. (b) To encourage conservation, a public water supplier serving more than 1,000 people in the metropolitan area, as defined in section 473.121, subdivision 2, shall use a conservation rate structure by January 1, 2010. All remaining public water suppliers serving more than 1,000 people shall use a conservation rate structure by January 1, 20li. (c) A public water supplier without the proper measuring equipment to track the amowlt of water used by its users, as of July 1, 2008, is exempt from this subdivision and the conservation rate structure requirement under subdivision 3, paragraph (c). History: 1990 c 391 art 7 s 31; 1993 c 186 s 6; 2007 c 131 as°t 1 s S7; 2008 c 363 art S .s 20,21 Copyright ~~ 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 33 August 10, 2009 Mr, Kevin Hansen, PE Public Works Director /City Engineer City of Columbia Heights 637 38`'' Avenue NE PO Box 249 Columbia Heights, MN 55421 Dear Mr, Hansen: RE: City of Columbia Heights, Minnesota Conservation Water Rate Study and Utility Rate Study Updates SEH No. P-COLHT 109505 SEH is pleased to submit this proposal to provide engineering services for a Utility Rate Study Update. The proposed study will include a review of financial data, establishing trends and projections, financial needs determination, rate development and report production. As part of our rate development, SEH staff will create a water rate structure that will meet the requirements set forth in MN State Statute 103G.291. According to this statute, Columbia Heights must have a conservation rate structure in place by January 1, 2010. As part of this study, the computer rate model will be updated to recommend rates for the next five years. The proposed engineering services will consist of the following scope of work: L Obtain and Review Data A. Review Historical Utility Data. An initial list of information will be requested from the City so recent data can be updated in the model. Once received, the data will be checked for completeness and organized into tables used to generate future rates needs. II. Establish Historical Trends and Projections A. Review Population and Connections. Historical data will be reviewed for the purpose of establishing trends. Typically, five years of data is required to establish a trend. Population and system connections/system users will be reviewed first, since the number of customers is an important part of the rate formula. Any City projections relating to future connections or redevelopment will be incorporated at this point in the study. B. Analyze Water Sales. Billing records will be tracked over the last five years minimum and projected five years into the future. Similarly, water billed will be projected five years into the future to account for projected population growths. C. Quantify "Unaccounted For" Water. Water that is "unaccounted for" or "lost" in the system will be estimated based on annual wholesale metered water between Columbia Heights and lvlinneapolis. Unaccounted for water is water that is pumped but is not billed to customers because it is lost in the system (hydrant flushing, fire fighting, water main breaks, leaking pipes, wlmetered connections, etc.). Some unaccounted for water is normal in every system. Unaccounted for water will be quantified to determine if it is excessive. D. Project O&M Expenses. Operation and maintenance expenses for each utility (water, wastewater, storm and refuse collection) will be projected based on historical trends and budgeting information supplied by the city. Expenses will include meter reading, billing, Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ( 800.325.2055 ~ 651.490.2150 fax 34 lVlr~ Kevin Hansen, PF, August 10, 2009 Page 2 collection, administration, operation, maintenance costs, replacement, etc. For each utility, historical data will be reviewed to determine other trends which may affect expenses. Depreciation schedules for current assets will be reviewed and updated since depreciation can be treated as an expense for each utility. Other expenses will be projected, such as principle and interest payments on the existing debts. E. Estimate Unit Cost of Service. For each utility, future costs for each line item (O&M, debt repayment, etc.) will be established based on projections of historical data. F. Determine Offsets to Revenue Requirements. Offsets to revenue requirements will be estimated for each utility. These include interest income on invested funds, miscellaneous, fees, etc. III. Future Financial Needs Determination A. Review and Update C1P for Utilities. The existing CIP will be reviewed and updated to include those projects proposed to be paid either in cash or financed by the respective utility. B, Determine Revenue Requirements. Revenue requirements will be based on the projected expenses to operate and maintain the system as well as the CIP. Revenue requirements will include water, sanitary sewer, storm sewer and refuse collection and capital needs financed from operating revenue. A cash balance goal of the City will be reviewed to determine if a suitable amount is kept in reserve. IV. Rate Structure Development A. Assess the Health of Each Utility Fund. The projected expenses will be compared with the existing rates to determine the financial shortfall that may develop if rates are not increased. It is expected that annual rate increases are required due to the dept repayment and future capital expenditures. B. Prepare Model for Rate Adjustment. The project expenses, capital improvements and debt repayment expenses will. be incorporated into a rate model that can easily adjust different rate increases. The rate model will reflect the requirements of a conservation rate structure. An analysis of expenses and revenues generated by the rate increase will verify that a cash balance goal will be maintained. The proposed water rate structure change will be composed of an inclining block rate structure for residential users and can either inclLide a seasonal surcharge rate structure for the remainder of customer classes (commercial, industrial, institutional, etc.) or additional inclining block rate structures based on meter sizes. While creating several rate structures for varying meter sizes may create additional work, it is important to compare similar water usage patterns. The goal of the rate structure should be to first curb unnecessary water usage and then reduce water usage universally. Therefore, differing customers based. on meter sizes should be dealt with differently. For example, a large industrial user should not be compared with a single family home, nor should they be compared to a convenience store. While the latter two may use an excessive amount of irrigation water, the large industrial customer may not use any. However, their overall water usage would likely be significantly higher than the smaller two combined. The ultimate goal. of an inclining block rate structure is to implement conservation. Therefore, the rate study should not only be able to generate the needed revenues, but also compare how those revenues may change given the effects of conservation. 35 Mr. Kevin Hansen, PE August 10, 2009 Page 2 Our study will be based on one year worth of test data comprised of 12 months worth of billing data. The data will be sorted based on consumption and blocks will be defined as patterns of water use are determined. With this data, the effects of conservation can be analyzed quickly to determine what changes may be necessary to the rates to ensure that proper revenue is maintained. To complete this analysis, we assume that we will be provided with the following data: • 12 months worth of account data including consumption for the period, date billed, account number, customer type along with meter size. The data should be in a database format exportable to Microsoft Access or Microsoft Excel V. Report Production A. Prepare Draft Report. A draft report will be prepared that documents the data collected, historical trends observed, projections made, financial needs estimated and various rate scenarios considered. B. Draft Report Review Meeting. Three copies of the draft report will be delivered to the City for review, SEH will follow up with a conference call to discuss staff's input so that changes can be made to the final report if necessary. C. Produce and Distribute Final Report Copies. Upon revision of the draft report, ten copies of the final document will be provided to the City for distribution. D. City Council Presentation. The final report recommendations will be presented at a City Council meeting in a PowerPoint format. We propose to perform these services on an hourly basis for a maximum fee of $9,740. We will invoice the City on the basis of actual hours spent at current billing rates plus the actual cast of reimbursable expenses up to the maximum fee amount. Any additional services requested by the City will be invoiced on the basis of actual hours spent at current billing rates plus the actual cost of reimbursable expenses. All services will be invoiced monthly. If this proposal is acceptable, please sign one copy and return it to us for our records. If you would like to discuss these services in detail, please call me at your convenience. Sin rely, ./~ / ~_ ~~~~~~ Y . Klamerus, PE Greg F. Johnson, PE Manager Principal Accepted this - day of , 2009. City of Columbia Heights,lltinnesota By s:\ae\c\colhflcommomproposals\colht_I U9505.doc 36 star Conservation Rate Study Project Understanding The City of Columbia Heights (City) purchases water from the City of Minneapolis Water Works (MWW). The water rate is established by MWW determined by the Base Extra Capacity method, which is explained later in this text. The City of Minneapolis, and the seven suburbs supplied by MWW are allocated their respective costs for the base demand and extra capacity demand they require. The City intends to complete a water rate study to establish an equitable billing structure that will allow cash, fund balance and infrastructure replacement requirements to be met in the future. The City also intends to establish water rates that address the Minnesota Department of Natural Resources (DNR) mandate that all public suppliers serving more than 1000 people must employ water use demand reduction measures. The revenue requirement is the amount of money the Utility needs for operating a perpetual water system. The two generally accepted and practiced approaches for determining the revenue requirements of a water utility are the "cash-needs" approach and. the "utility" approach. Revenues are important for any water utility to ensure proper operation and maintenance (O&M), development and perpetuation of the system, and preservation of the utility's financial integrity. The utility approach is used when the City serves both in-City and outside the City customers. The revenue requirements under the utility approach include operation and maintenance expenses, depreciation expenses, and the return on rate base. In this method, depreciation is a part of the rate structure. The annual depreciation expense component of a revenue requirement will allow the utility to recover its capital investment over the anticipated useful life of the depreciable assets. However, using straight-line depreciation does not take into account the inflation unless the depreciation is invested in a separate sinking fund. The "Handy Whitman" index is usually used to establish depreciation, which takes into account inflation. The revenue requirements under the cash basis include bond payments, operations and maintenance costs and functional costs such as administrative and billing and. collection costs. The cash basis approach is typically used when the City supplies water to its own customers, which will be the case for the City of Columbia Heights. Depreciation is not a component of revenue requirements under the cash basis approach. Whenever the city needs capital expenditures it will float a bond and include the bond payment in the revenue requirements, It is however, important for a perpetual system to make sure that the capital expenditures in upgrading the existing system is always higher than the depreciation. We will therefore, update the depreciation schedule and compare it to the capital expenditures. The water system not only has to meet the average demands, but also the maximum day and maximum hour demands. It is important to consider the volume of water consumed and also the capacity needed to serve the customers. For example, if customers A and B both used 100,000 gallons of water annually and the cost of water was $2.00/1.,000 gallons, both customers A and B Progressive Consulting Engineers, Inc. Water Conservation Rate Study July 2009 1-I Columbia Heights, MN 37 ~~~ will pay $200/year for water. If the maximum day demand of customer A is only 100 gpm, while the demand of customer B is 600 gpm, the capacity needed to serve customer A is 100 gpm, while that. for customer B is 600 gpm. However, both customers A and B pay the same base amount for water. In order to develop equitable water rates, it is necessary to not only look at consumption, but also at peak demands. The basic premise in establishing adequate rate schedules that are equitable to different customers is that the rate should reflect the cost of providing water service. The cost of service can be developed using the "Base-Extra Capacity" method. The base-extra capacity method developed by the American Water Works Association (AWWA) takes into account the average demands and peak to average ratios of residential, commercial, industrial and. institutional customers. By using the base extra capacity method, costs are distributed to customer classes in proportion to the demand that these customer classes put on the system. Typical residential customers have the highest peak to average ratio with the average residential use per month of approximately 8,000 gallons per household. The rate steps are normally set so that almost all of the residential use is in the first step, which normally has the highest cost. Fixed costs will be developed by separating the administrative, billing, and collection costs and dividing these costs by the equivalent meters in Columbia Heights. Equivalent meters are developed by multiplying the larger meters with a factor developed by the AWWA. These factors take into account the cost of installing and maintaining larger meters versus a standard 5/8" meter. The Department of Natural Resources requires that a City serving more than 1,000 people develop water conservation rates similar to the inclining block rates. We propose to develop rates as follows: 1. Rates based. on cost of service using the base extra capacity 2. Inclining block rate The City has a capital improvement plan (CIP) to upgrade the water system. Equitable water rates are needed to fund the ongoing operation, CIP, and the development of a fund balance for emergency needs. The proposed rate study will address these concerns. At the conclusion of the study the tables developed for the rate study will be provided to the City for their future use, The PCE team will use a work plan to complete the project. The work plan will be divided into a series of well-defined tasks and subtasks that will be completed by the team identified in this proposal. The work tasks are described below, along with the deliverables associated with each task. Progressive Consulting Engineers, Inc. Water Conservation Rate Study July 2009 1-2 Columbia Heights, MN 38 Ica Project Tasks Task 100 -Project Initiation/Project Management PCE places a high importance upon client input. We therefore, include an initial brain storming session and aproject-planning meeting in each of our projects. This meeting provides an opportunity to obtain City input regarding the conduct of the study. Deliverables: Minutes of the Kick off meeting Task 200 -Data Collection This task involves working with the City staff to collect, assemble, and review available information concerning the water system. This information includes water pumped, water sold, peak day and peak hour demands, unaccounted for water, and all historic financial data, including operating and maintenance costs for the previous five years. Deliverables: List of data needs to be provided to the City Task 300 -Revenue Requirements Revenue requirements are the amount of money to be raised by the rates. This task involves preparing a listing of utility-depreciated assets for the test year of 2008 and updating the depreciation schedule. The revenue requirements include bond payment; operation and maintenance (O & M) costs; billing collection and administration costs; health care insurance; and, general costs. Costs will be projected based on historical costs for the last five (5) years and any cost projections made by the City. Using data from the City CIP, we will project additional revenue requirements such as watermain replacements, watermain cleaning and lining, tower painting, and other capital needs financed from operating revenue. Offsets to the revenue requirements, such as interest income and miscellaneous fees, will be deducted from the revenue requirements to arrive at the net revenue requirements to be generated by rates. Once the revenue requirements are developed the preliminary tables will be provided to the City for their review. A status meeting will be scheduled during this task. Deliverables: Preliminary tables for staff review Task 400 -Cost Apportionment and Water Rates The revenue requirements will be allocated to fixed cost and commodity costs for residential, commercial, and industrial customers. The functional costs, such as billing, collection and administrative expenses will. be allocated based on the number of bills and meter size. Equitable water rates will be developed for residential, commercial, and industrial customers. Progressive Consulting Engineers, ]nc. Water Conservation Rate Study July ?009 1-3 Columbia Heights, MN 39 A status meeting will be scheduled during this task. Deliverables: Preliminary tables containing rate structure for staff review Task 500 -Reporting At key points in the study, meetings will be held with the City staff to review work in progress and to obtain staff input to the study. A draft report will be prepared at the conclusion of the study. The draft report will be reviewed with City staff and revised as necessary. A final report will then be prepared and presented to the City Council, if required. Deliverables: Draft report and final report City Staff Participation We expect that the City will supply all available data in an electronic format if available. The City staff time required will include the initial planning meeting plus periodic progress meetings during the project. One meeting will be scheduled as the revenue requirements are assembled and once again during the cost allocation task. Several. meetings will be held during the reporting task. City staff will also need to review the draft and final reports at the conclusion of the study. The amount of staff time will be subject to the City's discretion and the progress of the work. Cost Control An essential part of cost control is to develop a clear scope of work and convey it to the team members. The project manager then conducts weekly reviews of the project tasks completed and the budget expended. The project manager will also track any work outside the scope of work and obtain authorization from the client. Quality Assurance Quality Assurance is an ongoing process. The project manager reviews all data and performs a QC/QA review of all work completed.. We will also have Naeem Qureshi, P.E., a person not involved on a day-to-day basis conduct a review of the draft and final report before it is published. Progressive Consulting Engineers, Inc. Water Conservation Rate Study July 2009 1-4 Columbia Heights, MN 40 CITY COUNCIL LETTER Meeting of August 24, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY:,~;'' ~ '~ . ~~ "" Licenses ~ NO: DATE: August 17, 2009 DATE: Approval of the attached list of rental housing applications. They have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for August 24, 2009. COUNCIL ACTION: 41 List of 2009 Rental Licenses to Approve Occupant' I.D. Property Owner Name 10062 Guardian Property Management Property Address: 4217 QUINCY ST NE 10508 Anoka County Community Action Program Properly Address: 4411 MAIN ST NE 20131 AAMPM, Inc. Property Address: 1401 CIRCLE TERRACE BLVD NE - 1403 CIRCLE TERRACE BLVD NE 20254 Crystal Corporation Property Address: 1349 CIRCLE TERRACE BLVD NE - 1351 NE CIRCLE TERRACE BLVD 30007 PMJ Town Homes Property Address: 4417 UNIVERSITY AVE 30033-NC Koke Development Property Address: 3835 TYLER ST - Up/Down 30033-NC SMA Housing LLC Property Address: 3835 TYLER ST - Up/Down 30127 Lynde Investment Company, LLP Property Address: 4441 UNIVERSITY AVE 30145 Lynde Investment Company, LLP Property Address: 4433 UNIVERSITY AVE 30150 Lynde Investment Company,LLP Properly Address: 4707 UNIVERSITY AVE 30182 Lynde Investments Company, LLP Property Address: 5121 UNIVERSITY AVE NE 34003 PMJ Town Homes Property Address: 4241 3RD ST NE 20162 Mir Ali Property Address: g66 44 1/2 AVE NE - 968 44-1/2 Avenue 20176 Erik Anderson Property Address: 4108 MADISON ST NE - 4110 MADISON ST NE 10008 Heather Caillier Property Address: 4033 ARTHUR ST NE 08/17/2009 11:53 a2 Page 1 List of 2009 Rental Licenses to Approve Occupany I.D~ Property Owner Name 10196 Tonia Chamberlin Property Address: 3914 MAIN ST NE 20062 David Corbin Property Address: 1013 43 1/2 AVE NE - 1015 43-1/2 Avenue 20040 Patrick Fragale Property Address: 1300 CIRCLE TERRACE BLVD NE - 1302 CIRCLE TERRACE BLVD. N.E. 20414 Pat Fragale Property Address: 1313 CIRCLE TERRACE BLVD NE - 1315 CIRCLE TERRACE BLVD NE 12090 Gary George Property Address: g52 44 1/2 AVE NE - 950 44-1/2 Avenue 12134 Roger Gillespie Property Address: 1010 42ND AVE NE 20174 Peter Gillquist Property Address: 212 42ND AVE NE - 214 42nd Avenue NE 30128 James/Patricia Hansen Property Address: 4609 UNIVERSITY AVE 10100 Lindsay Herron Property Address: 5258 6TH ST NE 20116 Mike Hyska Property Address: 1035 43 1/2 AVE NE - 1037 43-1/2 Avenue 20116 Mike Hyska Property Address: 1035 43 1/2 AVE NE - 1037 43-1/2 Avenue 20201 Dolores Jeffries Property Address: 4641 4TH ST NE - 4643 NE 4TH ST NE 10087 Henna Kalsi Property Address: 4806 MADISON ST 20095 Gerald Lamere Property Address: 3813 PIERCE ST - 3815 NE PIERCE ST 10081 Walter & Sherri Newago Property Address: 5159 7TH ST NE 08/17/2009 11:53 43 Page 2 List of 2009 Rental Licenses to Approve Occupant' I.D. Property Owner Name 10196 Sherri Newago Property Address: 3914 MAIN ST NE 12118 Janet Nielsen Property Address: 650 47 1/2 AVE NE - 648 47-1/2 Avenue 12205 Robert Odden Property Address: 1203 42 1/2 AVE NE - 1201 42-1/2 Avenue 15019 Pasang Pasang Property Address: 3940 JOHNSON 5T NE 10179 Porfirio Perez Property Address: 5009 4TH ST NE 10158 Stephen Popa Property Address: 4421 4TH ST NE 10214 Jason Rowe Property Address: 1843 39TH AVE NE 20216 Robert Samaroo Property Address: g39 42 1/2 AVE NE - 941 NE 42-1/2 AVE 12136 Patsy Sandsness Property Address: 1214 43 1/2 AVE NE - 1216 43-1/2 Avenue 10060 Walter Sentyrz Property Address: 3913 ARTHUR ST NE 12173 Martin Sieger Property Address: 1237 43 1/2 AVE NE - 1239 43-1/2 Avenue 12137 Dwight Sonnenberg Property Address: 1111 42 1/2 AVE NE - 1109 42-1/2 Avenue 10146 Tom Stolarczyk Property Address: 4732 4TH ST NE 34013 Martin Terveer Property Address: 4210 QUINCY ST 12068 Janene Unke-Hanson Property Address: 4357 7TH ST NE - 4359 7TH STREET NE 08/17/2009 11:53 44 Page 3 CITY COUNCIL LETTER Meeting of: August 24, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: August 5, 2009 ~r BY: m ~ ~~. . ,' BACKGROUND/ANALYSIS Attached is the business license agenda for the August 24, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009. 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 August 24, 2009 as presented.. COUNCIL ACTION: TO CITY COUNCIL August ] 0, 2009 45 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES 2009 BLDG R. Gilpin Plumbing Inc. *Liberty Comfort Systems *MK Mechanical Inc. *Ultimate Construction *Ace Tree Service *Duda Plumbing *Priority Htg & Cool *Demo, Dig, & Haul *Jim Morrison Plumbing *Kraemer Htg Inc *Dayco General Inc 321 2°d St. West, Jordan, MN 627 E River Rd., Anoka 23996 Olinda Rr No, Scandia 7200 Hemlock Ln, Maple Grove 270 Earl St, St Paul 208 17`" Ave N, Hopkins 2364 Lamplight Dr, Woodbury PO Box 525, Center City 3876 Lakewood Dr, White Bear Lk 7441 Dallas Court N, Maple Grove PO Box 278, Loretto $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 Tony's Plumbing 4572 LaSalle Ave NE, St Michael *Northwoods Plumbing Inc. 31.127 101 S` St, Princeton $60 $60 46 CITY OF COLUMBIA. HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: August 24, 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 131401 through 131600 in the amount of $ 1,679,010.39 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 47 cn w ~ * ~ ~ ~ + H C7 ~ x ~c + •~ oa H R: ~ # W W ~ ~ x~ o ~v H ~ °k m ~ ~ ~ a+ r ~ ~ cn >+ . a io ~ ~ P. 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W Ht~-{ a~~a~~H~ W HCr-ID ~C7cgU Q~w °o~~~~rv~~aaw mow rQa xOWHHHrOP+HH3 zvHc~ww HH W UUP: WHtkHE-IE+ W O HFCU aH~Hrcn UaawHapppcn Ua~ a rx . wz~C~C~ ~a ~ ~~~~a ~a~aww xUHHH~n~aHwxrxzoa a o w Ha~awH HH ~ wwxzwHOV x z~~~q rnHa~~GGa,ap~ ~aaH~oaHZwmcnr W OHFCHG,O~CFCFCDO~CFCFC W HHFC W z~-+zFC C7 U cn U a FC CL H U U !i, U U U~ «) cn a 3 U H Cc, H !~, H ri N C O f-I O ib N Ln h o0 O H H N d' ~ ~-1 H O to d~ 1.f1 O O H N dl ~D h h H H H H N M 0 0 0 0 I.!) O N h O CO H N N N N N N M ct~ eN d~ d' di cr ~O l0 lD ~O l0 h h O O O I I H I O I U ~ z ~ ~ 1 H (.~ I w ~ U ~., i FC ~ ~ O O ~ I H al W I al H CITY COUNCIL LETTER Meeting of: August 24, 2009 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT.: CITY MANAGER N0: Community Development APPROVAL . s" ITEM: New Liquor Application for the Star Bar at BY: Scott Clark BY: ` ~ ~~° 4005 Central Ave. DATE: August 18, 2009 Baek~round Information: On August 7, 2009, the new owner of the Star Bar, Robert S. Moreland, applied to the City for a transfer of the existing liquor license for this establishment located at 4005 Central Ave. The City's application process, including all material supplied by the applicant, is attached as part of this report. A key aspect of any liquor application is a back round check of criminal activity, in order to determine if the nature of the ownership potentially will cause issues at an establishment that serves alcohol. This aforementioned relationship becomes even more critical based on past and current issues associated with the Star Bar (most recent violations occurred on July 28t" and 30`", 2009 for over serving), and its visible location in the downtown area. Staff is recommending denial of the liquor application due to the lengthy and prolonged history of criminal violations of the new owner, as detailed in the attached memo dated August 18, 2009 from Cheray C'rossman, SSS to the Community Development Department. The applicant will be present at the meeting and will discuss the same with the Council. Recommendation: Staff recommends denial of the application based on past criminal activity and not meeting the intent of the City's Code (5.04) regarding the provisions that an applicant should meet in order to be granted a license Recommended Motion: Motion to deny liquor application for Robert S. Moreland, to own and operate the Star Bar, 4005 Central Ave., based on provisions of City Code 5.504. C:1Documenis and Settings\CCH-User~Desktop\Form for Council Letter.doc COUNCIL ACTION: 56 To: Community Development From: C1leray Grossman, SSS Subject: Liquor and Sunday Liquor License -Star Bar -Robert Scott Moreland Date: August 18, 2009 The Columbia Heights Police Department has completed a background investigation on Robert Scott Moreland. The department has checked the criminal history, local files and law enforcement where Robert Scott Moreland has resided. We found the following violation: 07/18/1977 Unauthorized use of motor vehicle - No court disposition 10/04/1977 Unauthorized use of motor vehicle -Convicted -Felony Weapons -Dismissed Aid/Abet -Guilty Theft -Guilty 03/0/1979 Theft -Dismissed Unauthorized use of motor vehicle -Convicted -Felony Weapons -Guilty -Felony 04/15/1979 Theft -Convicted. -Felony Unauthorized use of motor vehicle -Dismissed 04/21 /1979 Unauthorized use of motor vehicle -Convicted -Felony 07/23/1981 Aggravated robbery -Convicted -Felony 10/30/1981 Aggravated robbery -Convicted -Felony 07/14/1991 Liquor violation -Dismissed Liquor served to under-21 -Convicted -Misdemeanor 04/29/1992 Issued dishonored checks -Guilty -Misdemeanor 09/2112002 2na Degree DUI -Convicted -Gross Misdemeanor 12/12/2005 ls` Degree DUI -Convicted - Dropped to a misdemeanor charge Star Bar has had two violations where employees served obviously intoxicated individuals on 07/30/2009 and 07/28/2009, these charges are pending. Per Mr. Moreland application he is listed as an owner of Star Bar assets since April 30, 2008. 57 ~~ ~.~ BEER, WINE, LIQUOR SALES LICENSE APPLICATION CITY OF COLUMBIA HEIGHTS PART ONE: BUSINESS INFORMATION Inv Fee' $ `'1 /r'X~ Sund ~ Lipuor Fee: $ Date Recd: ~T- Receipt # ~~~~ License # Insurance Recd: ,, ', CITY OF COLUMBIA HEiGHT$ ` 590 40~ AVENUE NE, COLUMBIA HEIGHTS, MN 55421 "- 1,", PHONE {763) 1'06-3678 FAX (763) 7D6-3671 ' TYPE OF LICENSE: BEER- OFF SALE LIQUOR- CLUB ON SALE ~ WINE- ON SALE ON SALE ON SALE TEMP. ON SALE ON SALE LIMITED ON SALE SUNDAY ON SALE TEMPORARY In conjunction with this application the following documents must be submitted: • Certificate of Compliance per the Minnesota Workers Compensation Law (attached) • Waiver • If incorporated- attach a copy of Certificate of Incorporation or other documentation of legal status. • Certificate of Insurance- for Liquor Liability FOR TEMPORARY BEER OR LIQUOR PROVIDE: • DATE OF EVENT: ® Site Plan of the area where sales will occur indicating sloe, location and nature of the premises along with a depiction of its relationship to the adjacent premises. • Statement from property owner granting permission to applicant for use of the premises which activity is proposed. • Full legal name, date of birth, address and phone number of person in charge of event, if not applicant. FOR LIQUOR CLUB ON SALE PROVIDE: • Certified copy of By-Laws of the club, including a definition of the word "member". • List of Membership. • Copy of Charter. • List of Corporate officers, board or directors and managers. • Copy of lease agreement or statement of ownership of premises where license to be held. FOR ON-SALE WINE OR LIQUOR LICENSE PROVIDE: • Submit a floor plan of the dining room(s), which shall be open to the public. Show dimensions and number of persons, intended to be served in each room. • All Renewals (excluding: Club liquor) must submit with this application a statement prepared by a certified public accountant, showing the total gross sales and total food sales of the restaurant/hotel for the 12 month period, immediately preceding the date of filing renewal applications. SUNDAY ONSALE LIQUOR OR ON-SALE CLUB LIQUOR HOURS: • May serve intoxicating liquors in conjunction with serving food between the hours of 10:00 am and-1:04 am on Sundays provided such establishment is in conformance with the Minnesota Clean Air Act and must coincide with the dates of applicant's intoxicating liquor license. NAME OF OPERATION: BUSINESS ADDRESS OF OPERATION: ~\ Lu ~Fl.,~~i~~r r Y "~"f~°ra'r'1~.:fi~ INFORMATION E IS APPLICANT AN: INDIVIDUAL PARTNERSHIP CORPORATION OTHER 58 1F THE CASE OF A PARTNERSHIP, CORPORATION OR OTHER FORM OF ORGANIZATION, PROVIDE NAMES OF EACH OFFICER, DIRECTOR AND PARTNER: NATURE OF ANY OTHER BUSINESS TO BE OPERATED IN CONJUNCTION WITH THE SALE OF BEER, WINE OR LIQUOR: _ ~(...J tTn O IS APPLICANT THE OWNER/OPERATOR OF ANOTHER BUSINESS? YES _ NO, IF YES, LENGTH OF TIME: "a~l HAVE ALL REAL ESTATE T ES AND LOCAL ASSESSMENTS, WHICH ARE DUE AND PAYABLE FOR THE PREMISES TO BE LICENSED BEEN PAID'i`ES - NO. IF NO, LIST THE YEARS AND AMOUNTS WHICH ARE UNPAID: iS APPLICANT OR ANY MEMBER OF PARTNERSHIP, OFFICER/DIRECTORS OF CORPORATION OR OTHER ORGANIZATION A HOLDER OF A FEDERAL RETAIL LIQUOR DEALER'S SPECIAL TAX STAMP? _ YES ~I~O, IF YES, NAME OF HOLDER: As applicant, it is my understanding that falsification of any item on this application is sufficient reason upon which to base a denial of said license. Such lice a shall be valid for the calendar year in which is and must be re wed at the commencement of each subse nt calendar year. APPLICANTS SIGNATURE: DATE: WITNESSED BY: DATE: 59 CERTIFICATION OF COMPLIANCE MII~IIVESOTA WORKERS COMPENSATION LAW Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirements of MSS Chapter 176. The information required is: the name of the insurance company, the policy number, and dates of coverage or the permit to self-insure. This information will be collected by the licensing agency and retained in their files. This information is required by law, and license and permits to operate a business may not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or falsely stated, it may result in a $1,000 penalty assessed against the applicant by the Commissioner of the Department of Labor and Industry. Insurance Co Name NOT the Insurance Agent Policy Number Date of Coverage to I am not required to have workers compensation liability coverage because: ( ) I have no employees (} I am self insured (include permit to self insure} O I have no employees wha are covered by the workers compensation law (these include Spouse, Parents, Children, and certain farm employees). I certify that the information pravided above is accurate and complete and that a valid workers compensation policy will be kept in effect at all times as required by law. Name Doing Business as ~~$ ~ ~~ t ! ~ Business name if different than your name Business Address ~y ~___~.r't'~-~ ~~- ~`f~ City, State Signature 60 NOTICE The data requested of you will be used in considering your application for said license and will be disseminated to the public. You are not legally required to allow the City of Columbia Heights to obtain the data, however, failure to supply said data may result in disapproval of your application. Further, the City of Columbia Heights may receive from other governmental. agencies, including but not limited to the Bureau of Criminal Apprehension, Minnesota Department of Public Safety, data relating to the consideration of your application. Said data may be classified pursuant to Minnesota Statute #15.162 et. seq. as private and therefore, cannot be released to the public without your written consent. WAIVER I have read the above and understand that any data concerning my application, which is classified as private pursuant to Minnesota Stature # 15.162, et. seq. may not be released to the public without my permission. I also understand that said data must be considered by the Columbia Heights City Council at a public meeting in considering my license application and, accordingly, will be publicly disseminated. Therefore, I hereby authorize the release of all of said data by the Columbia Heights City Council or agents or employees thereof at any City Council meeting at which my license application is considered. Said information shall not be released if 1 withdraw my license application by personally serving written notice of said withdrawal upon the Columbia Heights City Manager prior to said Council meeting. DATE i~ SIGNATURE , Witness Signature: 61 BEER, WINE, LIQUOR SALES LICENSE APPLICATION- {PART TWO) CITY OF COLUMBIA HEIGHTS PART TWO: OWNER OFFICERS PARTNER PERSONAL INFORMATION CITY OF COLUMBIANEIGHT$ 590 40T" AVENUE NE, COLUMBIA HEIGHTS, MN 55421. 763) 706-3671, ' PHONE (783} 706.-3678 FAX ( ' FULL LEGAL NAME• 7 b ~~_ ~-7~ t`T'(T -'a ~ (FIRST} (MIDDLE} (LASS HAVE YOU EVER USED OR BEEN KNOWN BY ANY OTHER NAME? _ YES ~NO IF YES, WHAT NAME OR NAMES AND PROVIDE INFORMATION CONCERNING DATES AND PLACES WERE NAME WAS USED: ~~~~~ %~ ~~~f ~ //'i~`~Z)r ~--~f~~.~. HOME ADDRESS: ~ f`n ' ' f ~ STATE ZIP CODE ~~'~~ PHONE NUMBER (9~ ~ l~f~U'~ ~~ PLACE 8 DATE OF BIRTH ~~ ~ G'~' J HOW LONG HAVE YOU BEEN AT THE ABOVE ADDRESS: --~~~. ARE YOU A CITIZEN OF THE UNITED STATES? YES , NO OWNER ARE YOU A RESIDENT ALIEN? _ YES ~O OFFICER ARE YOU MARRIED? _ YES 'R NO IF YES, PROVIDE FULL LEGAL NAME OF YOUR SPOUSE: PARTNER (FIRST} (MIDDLE} (MAIDEN LAST NAME} (LAST} INFORMATION LIST ADDRESSES WH F~YOU HAVE Lia/ED IN T E LA T 1Q . RS: ~~ LIST BUSINESSIOCCUPATION YOU HAVE BEEN ENGAGED IN DURING THE LAST 10 YEARS: s ~ ~l ~-~ - ~ a ~-' NAME AND ADRESS OF EMPLOYERS AND PARTNERS, (IF ANY) FOR THE LAST 10 YEARS: (~ NAVE YOU EVER BEEN CQFJVIGTED OF ANY FELONY, CRIME OR VIOLATION OF ANY ORDINANCE OTHER THAN TRAFFIC? ~ YES NO; IF YES, LIST THE TIME PLACE AND OFFENSE FOR WHICH ~ ~" ~~~t.~---- CONVICTIONS WERE HAD: ~~ i,_.~~ n 62 HAVE YOU EVER BEEN ENGAGED AS AN EMPLOYEE OR IN OPERATING A BAR, SALOON, HOTEL, RESTAURANT, CAFE, TAVERN OR OTHER BUSINESS OF A SIMILAR NATURE? YES _ NO; IF YES, LIST TIME, PLACE AND LENGTH OF TIME: HAVE YOU EVER BEEN IN THE MILITARY? -YES ~NO; IF YES, ATTACH DD/214 FORM. PROVIDE THREE CHARACTER REFERENCES LOCATED WITHIN THE STATE OF MINNESOTA (NAME, ADD~SS AND PHONE NUMBER): 1:'T_ r',tl ~'t~ ~'~, t1 ~ rrr r~, ~~` c~~(' ~>Fz lYI ~ lel~ - ~~-~3c z. q~y~ 13. _,~,~,- As applicant, it is my understanding that falsification of any item an this application is sufficient reason upon which to base a denial of said license. Such lice se shall be valid for the calendar year in whi ued and must be renewed at the commencement of each subse nt calendar year. APPLICANTS SIGNATURE: DATE: WITNESSED BY: DATE: 63 FULL LEGAL NAME: (FIRST) HOME ADDRESS: STATE PHONE NUMBER ( ) {MIDDLE) CITY ZIP C PLACE i3< DATE OF BJ NOW LONG HAVE YOU BEEN AT THE ABOVE ADDRESS: (LAST) LIST BUSINESS/OCCUPATION YOU HAVE BEEN ENGA D [N DURING THE LAST 10 YEARS: SPOUSE'S INFORMATION NAME AND ADRESS OF EMPLOYERS A PARTNERS, (IF ANY) FOR THE LAST 10 YEARS: HAVE YOU EVER BEEN CO CTED OF ANY FELONY, CRIME OR VIOLATION OF ANY ORDINANCE OTHER THAN TRAFFIC? YES ~ NO; IF YES, L15T THE TIME, PLACE AND OFFENSE FOR WHICH CONVICTIONS WERE H NAVE YOU EVE EEN ENGAGED AS AN EMPLOYEE OR IN OPERATING A BAR, SALOON, HOTEL, RESTAURANT, AFE, TAVERN OR OTHER BUSINESS OF A SIMILAR NATURE? _ YES _ NO;1F YES, LIST TI ,PLACE AND LENGTH OF TIME: As applicant, it is my understanding that falsification of any item on this application is sufficient reason upon which to base a denial of said license. Such license shall be valid far the calendar year in which issued and must be renewed at the commencement of each subse ent calendar year. APPLICANTS SIGNATURE: DATE: WITNESSED BY: DATE: 64 Page 10 of 24 (2} Sales shall be made only to club members and their guests. (3} Liquor may only be sold at the premises designated in the license. (4} The Clerk shall be notified of any change in the person managing the liquor operations for the club. (5) No licensee shall permit in any licensed establishment, ar any adjoining property owned or leased by the icensee, any boxing, wrestling, or any other form. of entertainment whose primary purpose is physical contact by triking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental ~ the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are rot included among activities prohibited by this section. (H) Any on-sale license issued pursuant to the provisions of this section shall be subject to § 5.504(L,}. (1) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction I~ereof, shall be punished as per state statute. '77 Code, § 5.502) (Am. Ord. 1135, passed 9-22-86; Am. Ord. 114, passed 8-24-87; Am. Ord. 1190, passed 10-23- :9; Am. Ord. 1419, passed 9-25-00; Am. Ord. 1482, passed 3-28-OS) 5.504 INTOXICATING LIQUOR. (A) No person, except wholesalers or manufacturers to the extent authorized by state statute, shall directly or ndirectly deal in, sell, or keep far sale any intoxicating liquor without first having received a license to do so as provided in this chapter. On-sale intoxicating liquor licenses may be issued to the following establishments: (1) Hotels; (2) Restaurants with ~r~inimum seating for 150 guests at one time and a dining area with a minimum floor area ~f 3,000 square feet; (3) Bowling centers with not less than 15 lanes and with appropriate facilities for the serving of food to not ess than 30 persons; (4) Clubs or congressionally chartered veterans organizations, with the approval of the commissioner, rrovided that the organization has been in existence for at least three years; liquor sales only to members and bona fide bests. (B) On sale intoxicating liquor licenses shall be granted to establishments that derive at least 60% of the annual ;Toss receipts from the sale of food. A hotel shall have a dining area providing seating for at least 75 guests at one time and a minimum of ten guest rooms, and of that part of the total business receipts attributable to or derived from the erving of foods and intoxicating liquors, no less than 60°l0 of the business receipts from a license year must be attributable to the sale of food. A bowling center shall be conducted in such a manner that no less than 60% of the >usiness receipts for the license year shall be derived from the serving of food and bowling. (C) A restaurant which contains a nvnunum of 3,300 square feet of building area located on the same floor with 1linllnum seating for 150 guests at one time and a combined waiting and dining space with a minimum floor area of !,000 square feet may make application for a limited intoxicating liquor license provided that the premises does not ;ontain an elevated counter, commonly known. as a bar and meets the 60% requirements of division (B). The annual 65 ittp://wtivw.amlegal.com/nxtfgateway.dll/Minlzesota/columbiaheights mn/chapter5conunerciallicensing/a... 3/I9/2009 Page 11 of 24 ense fee shall be set by resolution of the City Council. In the absence of a resolution, the license fee shall be $5,500. (D} No license shall be granted for any premises which does not have a spruikler system. (E) Every application for a license to sell intoxicating liquor on-sale shall be made on a form supplied by the city. ~plications shall be filed with the Clerk, It shall be unlawful to make any false statement in an application. By bmitting an application, the applicant consents to any and all investigations the city deems appropriate and waives y claims the applicant may have. Copies of the application shall be submitted to such other city departments as the ty Council shall deem necessary for verification and investigation of the facts set forth in the application. (F) In addition to the information required on the State Liquor Control Commissioner's form, the on-sale oxicating liquor license application shall contain the following information: (1} Type of license applicant seeks. (2) Whether the applicant is a natural person, corporation, partnership, or other form of organization. (3) Full legal name of applicant and applicant's spouse, place and date of birth, street address of residence and igth of time at that address of the applicant and applicant's spouse; and any other information deemed necessary by ;City Council or issuing authority. (a} Whether the applicant has ever used or been la~own by a name other than his true name, and, if so, what is such name or names and information concerning dates and places where used. (b) Name of business. (c) The nature of any other business to be operated in conjunction with the on-sale of intoxicating liquor d whether the applicant is the owner or operator of such other business, and if so, the length of time in such business. (d} Street addresses at which applicant and current spouse have lived duuing the preceding ten years. (e) Kind, name and location of every business or occupation applicant or present spouse have been engaged during the preceding ten years. (f) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten ars (g) Whether applicant or spouse has ever been convicted of any felony, crime, or violation of any ordinance ler than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions ;re had. (h} Whether applicant or spouse has ever been engaged as an employee or in operating a bar, saloon, hotel, >taurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the tune, ice, and length of time. (i) Whether applicant has ever been in military service. If so, applicant shall attach DD/214 form. (4} In the case of corporations, partnerships, or other form of orga~uzation, such information relating to the ;ntity of each officer, director and partner as required in division (F)(3~. 66 ://www.amleaal.com/nxt/~atewayadlUMiimesota/columbiaheights_mn/chapter5cornmerciallicensing/a... 3 / 19!2009 Page 12 of 24 (5) If the applicant is a corporation or other organization and is applying for an on-sale license, the following will be required: (a) Name and, if incorporated, the state of incorporation. (b) A true copy of certificate of incorporation or other documentation of legal status. (6} An applicant for an on-sale license shall submit a floor plan of the dining room or dining rooms which shall be open. to the public, shall show dimensions, and shall indicate the number of persons intended to be served in each of said rooms. (7) Three character references located within the State of Minnesota. (8) Whether or not all real estate taxes and local assessments for the premises to be licensed which are due and payable have been paid and if not paid, the years and amounts which are unpaid. (9} Such other information as the City Council shall require. (G} (I) Applications far the renewal of an existing license shall be made a minimum of 60 days prior to the date of the expiration of the license. (2) At the time application is made for a renewal of an on sale license, the applicant shall file with the Clerk a statement prepared by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the 12-month period immediately preceding the date for filing renewal applications. (I~ If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, or other organization, by an authorized representative of the same. (I} No license will be issued unless at the time of application the applicant has paid the license fee in full and a non-refundable investigation fee as set by City Council resolution. In the absence of a resolution, the license fee shall be $6,500; where all applicants are in-state, the investigation fee will be $500; where any applicants are out-of-state, the investigation fee shall be $2,000. If the investigation fee for in-state or out of state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the applicants}.Anew application shall be submitted and a license fee and investigation fee paid when there is a change us ownership or control of a licensed corporation. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. In any case, the investigation fee will be non- refundable. The license fee for an on-sale license granted after the commencement of the license year shall be pro-rated on a monthly basis. All licenses shall expire on the last day of December of each year. (1) When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license by City Council or upon the date the building is ready for occupancy, whichever is sooner. (2) No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application. (J} (1) All applications shall be referred to the Chief of Police. The Cluef of Police or his designee is empowered to conduct any and all investigations to verify the information on the application., including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a driver's license history inquiry as recorded by the State Department oI'Public Safety on the applicant. The application shall also be referred to 67 ~,++„•~i~x.~~Rxr a,,,lPnat rnmfnxt/aatpwa~r X11/Minnesotalcolumbiaheiuhts mulchapter5commerciallicensing/a... 3/19/2009 Page 13 of 24 the Chief ofthe Fire Department, the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the City Councils at which time the application for a license shall be considered. Opportunity shall be given to any person to be heard for or against the granting of the license at a public hearing. The City Council may accept or reject the license application in its discretion upon completion of the public hearing. (2) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. (K) No license shall be granted to or held by any person: (1) Who is Less than 21 years of age. (2) Who is not of good moral character and repute. (3) Who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and lnancial investigation due to the unavailability of uiformation. (4) Who has been convicted of a felony or airy violation of law of this state or local ordinance relating to the manufacture, transportation or sale of beer, wine, or of intoxicating liquors. (5} For the sale of intoxicating liquor on any premises also occupied by a previous licensee who was convicted of a violation of this section or where a license has been revoked by the City Council. (6} Who is a manufacturer of intoxicating liquor. (7) Who is not the proprietor of the establishment for which the license is issued. (8} Who is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place. (9) No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. (L) On sale intoxicating liquor licenses granted pursuant to the provisions of this section shall be subject to the following conditions: (1) Every license shall be granted subject to the conditions and provisions of this section and of any other applicable ordinances of the city or state law. (2) The license shall be posted in a conspicuous place in the licensed establishment at all times. (3) Any peace officer shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant upon information or belief of a violation of federal, state or local laws. Business hours shall be deemed any time when licensee or employees are present on the premises. Refusal to permit such inspection is a violation of this section and grounds for revocation of license. (4) Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. The act of any employee on the licensed premises authorized to sell intoxicatng liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties 68 http://www.amlegal.com/nxtlgateway.dll/Minnesota/columbiaheights nul/chapter5commerciallicensing/a... 3/19/2009 Page 14 of 24 pravided by ordinance, statute, or regulation equally with. the employee. (5) No on-sale licensee shall sell intoxicating liquor off-sale. (6) No license shall be effective beyond the space named in the license for which it was granted. (7) No intoxicating liquor shall be sold or fiirnished or delivered to any obviously intoxicated person, or to any person to ~cuhom sale is prohibited by state law. (8) No licensee shall permit 18, 19, or 20 year old persons to remain on the premises runless to perform work for the establishment including the sale or serving of alcoholic beverages, consume meals, and attend social functions that are held in a portion of the establishment where liquor is not sold. (9) No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which leas been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or whalesaler from whom it was purchased, shall be prima facie evidence that the contents or the original package have been diluted, tampered with or changed. (10) In the case of corporations, partnerships, or other forms of organizations, when there is a change in officers, directors, or partners, a new application must be submitted. (11) No gambling allowed, nor any gambling device prohibited by law. (12) No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among activities prohibited by this section. - (NI) No sale of intoxicating liquor for consumption on a licensed premises may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. (N) (1) At the time of filing an application for any on-sale intoxicating liquor license, the applicant shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution. The licensee and the city shall be named as joint insured on the liability insurance policy. The policy shall be effective for the entire license year or term of license. (2) Proof of financial responsibility may be provided by supplying to the Clerk any of the following items: (a) A certilcate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of bodily injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or (b) A bond of a surety company with minimum coverages as provided in division (N)(2)(a}; or 69 http://www.amlegal. com/nxt/gateway. d1UMi nnesota/columbiaheights_iun/chapter5commerciallicensing/a... 3/19/2009 Page 15 of 24 {c) A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities that may be legally purchased by savings banks or trust funds having a market value of $100,000. (O) (1) The operation of an intaxicating liquor license without having on file at all times with the city the liability insurance policy or other evidence of financial responsibility required herein shall be grounds far immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation anal unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage. (2) Any liability insurance required by this section must provide that it may not he canceled for: (a) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given 30 days notice in writing to the issuing authority of intent to cancel the policy; and (b) Nonpayment of premium unless the canceling party has first given ten days notice in writing to the issuing authority of intent to cancel the policy. (P) (1) The City Council may suspend or revolve any uitoxicating liquor license for the violation of any provision or condition of this section ar of any state law or federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation which, under the laws of the state, is grounds for mandatory revocation, and shall revoke for failure to lveep the insurance required by division (N) in full force and effect. (2) Nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation far a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in. charge thereof. No suspension after public hearing shall exceed 60 days. (Q) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be puxushed as per state statute. (`77 Code, § 5.503) (Am. Ord, 1119, passed 2-24-86; Am. Ord. 1135, passed 9-22-86; Am. Ord. 1154, passed 8-24-87; Am. Ord. 1419, passed 9-25-00; Am. Ord. 1482, passed 3-28-OS) ~ 5.505 ON-SALE WINE LICENSES. (A) No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale any wine without first having received an on-sale wine license as provided in this section or an intoxicating liquor license. The term "on-sale wine license" means a license authorizing the sale of wine and 3.2% malt liquor for consumption on the licensed premises only in conjunction with the sale of food. (B) "On-sale wine" licenses shall be granted only to restaurants which are conducted ui such a manner that at least 60% of the annual gross receipts of the establislunent must be derived from or attributable to the sale of food. such establishment shall have facilities for seating not less than 75 guests at one time. A hotel shall be eligible for an ~n-sale wine license provided that, of that part of the total amzual gross receipts attributable to or derived from the serving of food and wine, 60% or more of the annual gross receipts fora license year is the serving of food, the dining ~.rea must seat a minimum of 75 people at tables, and the hotel must have a minimum often rooms. ~o zttp:/hvww. amlegal.cominxt/gateway.dlUMinnesota/columbiahei ghts_mz~/chapter5commerciallicensii~g/a... 3/ 19/2009 CITY COUNCIL LETTER Meeting of August 24, 2009 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Second Reading: Ord 1569 re: BY: Scott Nadea B'S': ~' •' ~ - , NO, Weapons (Facsimile Firearms} DATE: August 12, 2009 DATE: BACKGROUND The first reading of this ordinance was held at the City Council meeting of August 10, 2009. The purpose of the ordinance is to define and prohibit facsimile firearms. The current ordinance does not adequately address this issue. The proposed ordinance amends the current ordinance and reads, in part, "Facsimile firearni means any object which is a replica of an actual firearm, which substantially duplicates an actual firearm, or which could reasonably be perceived to be an actual firm." Facsimile firearms can so closely resemble an actual firearm that a police officer would not be able to determine the difference, thus increasing the likelihood of the use of force by an officer in a situation where an individual is brandishing a facsimile fzreann. ANALYSIS/CONCLUSION It is the Police Department's recommendation that this ordinance be enacted in order to prohibit persons from carrying facsimile firearms on their person or in their vehicle in the City of Columbia Heights. RECOI~IMENDED MOTION Move fio waive the reading of Ordinance No. 1569, there being ample copies available to the public. Move to adapt Ordinance No. 1569, being an ordinance relating to Weapons. l~ao COUNCIL ACTION: 71 ORDINANCE NO. 1569 BEING AN ORDINANCE AMENDING ORDINANCE NO 1490, CITY CODE OF 2005, RELATING TO WEAPONS The City of Columbia Heights does ordain: Chapter 10, Article iII, Section 307 of the Columbia Heights City Code, which currently reads to wit: § 14.307 WEAPONS. (A} A firearm is any weapon from which maybe fired or ejected one or more solid projectiles by means of a cartridge or shell by the action of an explosive ar the ignition of flammable or explosive substances. Firearms also include any weapons for which the said propelling force is a spring, elastic band, carbon dioxide, air, or any gas or vapor. Firearms shall include all shotguns, rifles and other longguns, pistols and revolvers, BB guns, air guns, slingshots, and pellet guns, but shall not include a stud or nail gun commonly used in the construction industry or children's popguns or toys, (B} No person, except a regular peace officer in the performance of his duties, shall use, fire or discharge a firearm, as defined herein, within the city. (C) The Columbia Heights Police Department may impound any weapon which is used in violation of divisions (A) or (B), or M.S. § 609.b6, as it may be amended from time to time, which comes into its possession as lost and found property, or which otherwise comes legally into its possession. (D) The weapon maybe surrendered to the rightful owner upon such owner furnishing proof of ownership and providing that no charges are pending against the rightful owner arising from the possession or use of tliat weapon and providing that the rightful owner is otherwise entitled to the return of the said weapon. {E) Any weapon impounded by the city and which remains unclaimed by the owner for a period of b0 days maybe sold or otherwise disposed of as approved by the City Council following 10 days published notice in the legal newspaper of the city prior to such sale or other disposal. {F) All proceeds realized from the sale or disposal of impounded weapons shall either be deposited in the general fund of the city, or, if approved by the City Council, traded for other equipment for the Police Department. Upon furnishing proof of ownership of a weapon which has been sold or otherwise disposed of pursuant to this section, the true owner thereof may recover an amount equal to the proceeds received from the sale of that weapon at the sale. If the weapon has been traded and a valid claim is made pursuant to this section, the city shall reimburse the owner of the weapon in an amount equal to the fair market value of the said weapon at the time of the trade. Any payments recovered hereunder shall be made from the general fund. Provided, that no such owner may recover or bring any action to recover such payment unless such owner does so within a period of six months following the date of sale of the weapon. ('77 Code, § 10.307) (Am. Ord. 1006, passed 14-25-82) Penalty see § 10.401. Is hereby amended to read as follows: 72 ~ io.~o7 wlEapolvs, A. A firearm is any weapon from which may be fired ar ejected one or more solid projectiles by means of a cartridge or shell by the action of an explosive or the ignition of flammable ar explosive substances. Firearms also include any weapons for which the said propelling force is a spring, elastic band, carbon dioxide, air, or any gas or vapor. Firearms shall include all shotguns, rifles and other longguns, pistols and revolvers, BB guns, air guns, slingshots, and pellet guns, but shall not include a stud or nail gun commonly used in the construction industry or children's popguns ar toys. B. No person, except a regular peace officer in the performance of his duties, shall use, fire or discharge a firearm, as defined herein, within the city. G. Facsimile firearm means any object which is a replica of an actual firearm, which substantially duplicates an actual f rearm, or which could reasonably be perceived to he an actual firearm., unless; {1} The entire exterior surface of such object is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink ar bright purple, either singly or as the predominant color in combination with other colors in any pattern; or such object is constructed entirely of transparent or translucent materials which permits unmistakable observation of the firearm's complete contents; and {2) Such object shall have as an integral part, permanently affixed, a blaze orange extension that extends at Least six {6) millimeters from the muzzle end of the barrel of such object; and (3} Such object does not have attached thereto a laser pointer. "Facsimile firearm" does not include any actual firearm as otherwise regulated by the terms of this Code ar the Minnesota Statutes. D. It shall be unlawful for any person within the city to carry on or about his person in a public place or transport in any vehicle in any public place any weapon or facsimile firearm, except the transportation of any weapon or facsimile firearm in or upon any motor vehicle in a secured container or in the lacked truck of such vehicle. The provisions of this section shall not be applicable to the transport of weapons or facsimile firearms by persons who are regularly engaged in the lawful manufacture, distribution or sale at retail or wholesale of weapons ar facsimile firearms, or the agents of any of them while engaged in such business; to the carrying or transport of weapons or facsimile firearms by licensed, full-time peace officers, law enforcement offrcers ar military personnel while in the course of their duties; to persons holding a permit to carry a firearm acting within the scope of such permits; to any officer of a state adult correctional facility when an guard duty or otherwise engaged in an assigned duty. E. The Columbia Heights Police Department may impound any weapon which is used in violation of divisions {A} or {B}, or M.S. §609.99, as it may be amended from time to time, which comes into its possession as lost and found property, ar which otherwise comes legally into its possession. z 73 F. The weapon may be surrendered to the rightful owner upon such owner famishing proof of ownership and providing that no charges are pending against the rightful owner arising from the possession or use of that weapon and providing that the rightful owner is otherwise entitled to the return of the said weapon. G. Any weapon impounded by the city and which remains unclaimed by the owner of a period of 60 days maybe sold or otherwise disposed of as approved by the City Council following 10 days published notice in the legal newspaper of the city prior to such sale or other disposal. H. All. proceeds realized from the sale or disposal of impounded weapons shall either be deposited in the general. fund of the city, or, if approved by the City Council, traded for other equipment for the Police Department. Upon famishing proof of ownership of a weapon which has been sold or otherwise disposed of pursuant to this section, the true owner thereof may recover an amount equal to the proceeds received from the sale of that weapon at the sale. If the weapon has been traded and a valid claim is made pursuant to this section, the city shall reimburse the owner of the weapon in an amount equal to the fair market value of the said weapon at the time of the trade. Any payments recovered hereunder shall be made from the general fund. Provided, drat no such owner may recover or bring any action to recover such payment unless such owner does so within a period of six months following the date of the sale of the weapon. ('77 Code, § 14.307) {Am. Ord. 1006, passed 10-25-82} Penalty, see § 10.401 This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: -- Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 3 74 CITY COUNCIL LETTER Meeting of August 24, 2009 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Second Reading: Ord 1568 re: BY: Scott Nadeau BY: ~' "~~ ~ NO. Repeat Nuisance Call Service Fee DATE: August I2, 2009 DATE: ` BACKGROUND A draft of this ordinance was initially discussed at the City Council Work Session of June 1, 2009. The first reading of the ordinance was held at the City Council's last meeting of August 10, 2009. If adopted, this ordinance would allow the City to impose a fee on the owner andJor occupant of a private property if the .Police Department has responded to the property on three or more occasions within. a period of 365 days in response to or for the abatement of nuisance conduct. ANALYSIS/CONCLUSION It .is the Police Department's desire to pursue enactment of this ordinance in an effort to reduce repeat nuisance calls for service. Further, it is our recommendation that a fee of $250 for each call starting with the third nuisance call to a property, plus additional fees for excess costs, be added to the City fee schedule. RECOMMENDED MOTION Move to waive the reading of Ordinance No. 1568, there being ample copies available to the public. Move to adopt Ordinance No. 1568 being an ordinance relating to Repeat Nuisance Ca11 Service Fee. kao COUNCIL ACTION: 75 ORDINANCE No. ~ 56s BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO REPEAT NUISANCE CALL SERVICE FEE Chapter 8 of the Columbia Heights City Code will be amended to include the following: .ARTICLE VIII: REPEAT NUISANCE CALL SERVICE FEE Section 8.801 Purpose 8.802 Scope and application 8.803 Definitions 8.804 Repeat nuisance service call fee 8.805 Notice 8.806 Right to appeal 8.807 Legal remedies nonexclusive 8.808 Applicability of repeat nuisance service call fee 8.809 Recovery of fee § 8.801 PURPOSE. The purpose of this section is to protect the public safety, health and welfare and to prevent and abate repeat service response calls by the City to the same property or location for nuisance service calls, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of this Section to impose and collect service call fees from the owner or occupant, or bath, of property to which City officials must repeatedly respond far any repeat nuisance event ar activity that generates extraordinary costs to the City. The repeat nuisance service call fee is intended to cover that cost over and above the cast of providing normal law or code enforcement services and police protection city- wide. § 8.802 SCOPE AND APPLICATION. This Section applies to alI owners and occupants of private property which is the sub}ect ar location of the repeat nuisance service call by the City. This Section applies to any repeat nuisance service calls made by a City of Columbia Heights peace officer, part-time peace officer, community service officer, animal control and/or code enforcement officers. 76 § 8.803 DEFINITIONS. 1?or purposes of this Section, floe term "nuisance misconduct" means any activity, conduct, or condition occurring upon private property within the City that unreasonably annoys, injures, or endangers the safety, health, morals, comfort ar repose of any member of the public; ar will, or tend ta, alarm, anger or disturb others or provoke breach of the peace, to which the City is required to respond, including, but not limited to the following: (A) Any activity, conduct, or condition deemed as a public nuisance under any provision of the City Cade; (B) Any activity, conduct, or condition in violation of Minnesota Sta#e Statute 609.33; (C) Any conduct, activity or condition constituting a violation of any Minnesota state law prohibiting ar regulating prostitution, gambling, controlled. substances, use of firearms; and/or (D) Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. § 8.804 REPEAT NUISANCE SERVICE CALL FEE. (A) The City may impose a repeat nuisance service call fee upon the owner and/or occupant of a private property if the City has rendered services ar responded to the property on three or mare occasions within a period of 3G5 days in response to or for the abatement of nuisance conduct. (B) The repeat nuisance service call fee will be set forth in a resolution approved by the City Council. An additional amount array be imposed to reflect the salaries of police officers, coanmunity service officers, animal contxal and/or code enforcement officers while responding to ar remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city equipment and property damaged as a result of the nuisance call, and the cost of any medical treatment of injured officers. (C) A repeat nuisance service call fee imposed under this Section will be deemed delinquent if it is not paid within 30 days after the City mails the billing statement for the fee. The City will add a ten percent late penalty to a delinquent payment. § 8.805 NOTICE. (A) No repeat nuisance service call fee maybe imposed against an owner or occupant of property without first providing the owner or occupant with written notice of the two previous nuisance service calls which are the basis for the fee. The written notice must: (1) Identify the nuisance conduct that previously occua~ed on the property, and the dates of the previous nuisance conduct; and z ~~ (2) State that the owner or occupant maybe subject to a nuisance call service fee if a third nuisance service call is rendered to the property for any further nuisance conduct; and.. (3) State that the City has the right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and (4) Be served personally; by U.S. Mail upon the owner or occupant at the last known address; or by pasting the subject property. § 8.806 ItIGI~T TO APPEAL. (A) When the City mails the billing statement for the repeat nuisance service call fee, the City will inform the owner or occupant of their right to request a hearing. (B) The owner or occupant upon wham the fee is imposed must request a hearing within ten (10} business days of the mailing of the billing statement, excluding the day the statement is mailed. The request for a hearing must be in writing and delivered to the City Clark. The hearing will occur within thirty (30} days of the date of the request. If the owner or occupant fails to request a hearing within the time and in the manner required under this Section, the right to a hearing is waived. (C} The hearing will be conducted by the City Council in an informal manner. The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After considering all evidence submitted, the City Council will make written Findings of Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service fee. The City Council will serve the Findings of Fact and Conclusions upon the owner or occupant by U.S. Mail within ten (10) days of the hearing- (D) If the owner or occupant fails to appear at the scheduled hearing date, the right to a hearing is waived. (E) Upon waiver of the right to a hearing under subdivision (2) ar (4) or upon service of the City Council's Findings of Fact and Conclusions that the repeat nuisance call service fee is warranted, the owner or occupant must pay the fee unposed within ten (10) days. § 8.80'7 LEGAL IZEIifiEl)IES NONEXCLUSIVE. Nothing in this Section will be construed to limit the City's other available legal remedies, including criminal, civil, injunctive or others, for any violation of the law. § 8.808 APPLICABIILTY OF REPEAT NUISANCE SERVICE CALL FEE. The City may not impose a repeat nuisance service call fee against an owner or occupant far a police response relating to emergency assistance, including, but not limited to, domestic spousal and child abuse. ~s ~ 8.809 RECOVERY OF FEE. (A) If a repeat nuisance service call fee remains unpaid thirty {30) days after the billing statement is sent by the City, it shall constitute: (1}alien on the real property where the violation occurred; or {2) a personal obligation of the owner or occupant in all other situations. (B) A lien maybe assessed against the property and collected in the same manner as taxes. (C) A personal obligation maybe collected by appropriate legal means. This ordinance shall be in full farce and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 4 79 CITY COUNCIL LETTER Meeting of August 24, 2009 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ~ ITEM: Adopt Resolution For BY: Gary Gorman BY: a r Revocation ` ``F DATE: August 17, 2009, 2009 DATE: NO: 09-123 to 09-130 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2009-123 - 4501 Polk Street 2009-124 - 3928 Central Avenue 2009-125 - 4600 Polk Street 2009-126 - 3801 Van Buren Street 2009-127 - 4122 Madison Street 2009-128 - 4536 Taylor Street 2009-129 - 543 Lomianki Lane 2009-130 - 3835 Tyler 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 2009-123, 124, 125, 126, 127, 128, 129, and 130 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-123, 124, 125, 126, 127, 128, 129, and 130 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: so RESOLUTION 2009-123 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Richard Stueland (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4501 Polk 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 August 3, 2009 of an public hearing to be held on August 24, 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 July 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 August 3, 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 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 be]onging to the License Holder described herein and identified by license number F9019 is hereby revoked; 2. Tl1e City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall. remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this _ day of 2009 81 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk s2 RESOLUTION 2009-124 Resolution of the City Council for the City of Columbia Heights approving revocation. pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental. license held by Fatemeh Raboodan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3928 Central Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 3, 2009 of an public hearing to be held. on August 24, 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 July 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 August 3, 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 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 The rental license belonging to the License Holder described herein and identified by license number F9196 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All. tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 83 Offered byo Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 84 RESOLUTION 2009-125 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I V, Section SA.408(A} of that certain residential rental license held by Ita Ekah (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4600 Polk Street 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 August 3, 2009 of an public hearing to be held on August 24, 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 July 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 August 3, 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- wlt: a. 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 F9208A 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 ofthis Order revoking the license as held by License Holder. Passed this day of 2009 85 Offered bye Second bye Roll Call; Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 86 RESOLUTION 2009-126 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by CNJI, LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3801. Van Buren Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 3, 2009 of an public hearing to be held on August 24, 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 July 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 August 3, 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 acid violations of the City's Residential Maintenance Cade were found to exist, to® wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing inppection 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 F9078 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 87 Passed this day of 2009 Offered by; Second bya Ro11 CaIL Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk as RESOLUTION 2009-127 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 Kristin Haste (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4122 Madison 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 August 3, 2009 of an public hearing to be held. on August 24, 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 July 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this propert}. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 3, 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 T~Iaintenance Code were found to exist, to- wn: a. 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 1I1 SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F9082 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 89 Offered bye Second bye Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 90 RESOLUTION 2009-128 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Paul Glynn (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4536 Taylor 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 August 3, 2009 of an public hearing to be held on August 24, 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 July 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 August 3, 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 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 The rental license belonging to the License Holder described herein and identified by license number F9088 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 91 Offered bye Second by: Roll Calle Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 92 RESOLUTION 2009-129 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Robert Machel (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 543 Lomianki Lane N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 3, 2009 of an public hearing to be held on August 24, 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 July 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 August 3, 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 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 The rental license belonging to the License Holder described herein and identified by license number F9240 is hereby revoked; 2. The City will. post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 93 Offered bya Second bye Roll Callen Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 94 RESOLUTION 2009-130 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 Koke Development (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3835 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 August 3, 2009 of an public hearing to be held on August 24, 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 July 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 August 3, 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- Wlt: a. 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 F9871 is hereby revoked; 2. The City will post for tl~e purpose of preventing occupancy a copy of this order on the buildings covered by the license held. by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 95 Offered by: Second by; Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 96 CITY COUNCIL LETTER Meeting of August 24, 2009 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ' _ ~~~ Abatement ~' DATE: August 3, 2009 DATE: NO: 09-131 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested. regarding properties at 2009-131 - 4544-46 Filhnore 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 Number 2009-131 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2009-131 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. COUNCIL ACTION: 97 RESOLUTION 2009-131 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 Conrad Smith (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4544-46 Fillmore Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 6, 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 June 29, 2009 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 6, 2009 inspectors reinspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3e That on August 17, 2009 inspectors reinspected the property and found that six 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 clean the gutters out B. Shall repair/replace the upstairs unit screen door Co Shall replace any/all. missing screens on the house D. Shall replace all broken windows E. Shall repair the shed, missing shed door F. Shall repair the hole in the overhead garage door "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 4544-46 Fillmore Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2, That all relevant parties and parties in interest have been duly served notice of this hearing, 98 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 l . The property located at 4544-46 Filhnore 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 99 CITY COUNCIL LETTER Meetin g of August 24, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approval of Premises Permit BY: Scott Nadeau BY: ~- ° f Application for Columbia Heights DATE: August 19, 2009 DATE: Athletic Boasters to conduct charitable gambling activities at Chevy Grille, 3701 Central Avenue NE NO: BACKGROUND The Columbia Heights Athletic Boosters Club has submitted a Premise Permit Application to hold legal gambling activities at the Chevy Grille at Jeff's Bobby and Steve's Auto World, 3701 Central Avenue NE. The Athletic Boosters will be placing apull-tab dispensing machine at the site. The Athletic Boosters have submitted a copy of the floor plan and lease agreement for the Chevy Grille. 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 no information found that would disqualify them from conducting the gambling activities. 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 following 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 no objection to the issuance of a Class B Premises Permit for the Columbia Heights Athletic Boosters Club in conjunction with gambling activities at the Chevy Grille restaurant, 3701 Central Avenue NE, and furthermore that the City Council. hereby waives the remainder of the sixty-day notice to the local govea-~~ing body. kao 100 ~~~~fN'~ t~1~l~ia Nei~hts At~letia Boosters ANTS ~ ~ 530 Mill Street N E col~mbia Heights, MN 55421 s~~ R~H~E~fIC August 12, 2009 City of Columbia Heights 590 40f~' Avenue NE Columbia Heights, MN 55421-3878 RE: Application, tc conduct Lawful Charitable Gambling At Steve, Bobby and Jeff s Auto DBP.: Chevy Grille 'To Whom It May Concern: The Columbia Heights Athletic Boosters Club respectfully request approval by City of Columbia Heights to conduct Lawful Charitable Gambling at Steve, Bobby and Jeff s Auto; DBA as Chevy Grille 3701 Central Ave in Columbia Heights, Minnesota. The Athletic Boasters will place a dispensing machine and conduct pull-tabs during regular business hours of operation. 1've enclosed a listing of board members, floor plan, and a copy of the lease agreement entered into by Steve, Bobby and Jeff s Auto and Columbia Heights Athletic Boasters Club, No investigation check was included as an investigation was completed in June. hf you have any questions regarding the above, or are in need of additional information, please do not hesitate to contact me at (7~3) 670-6847. Sincerely, l Aurora Johnsta Gambling Manager. 101 Print Form Minnesota Latn+ful Gambling L~215 Lease for Lawful Gambling Activity 7108 Page 1 aft .b~ ; C:htivy ~r=~11~. heck applicable item: 1. New application. Submit 1 a e.,.~++'t n remises permit application. 2. New owner. Effective date Submit new lease within 90 days after new lessor assumes ownership. 3. New iease. (t)o not submit existing lease with amended changes). Date that changes will be effective. Submit changes at least t 0 days before the effective date of the change. Organization name Address License number Daytime phone Columbia Heights Athletic Booste® 530 Milt Street NE 2072 763 706 3743 Name of leased remises Street address Ciiy State Zip Daytime phone Steve, Bobby & Jeffs Auto 3701 Central Ave Columbia Heights MN 55427 763 788-1113 ame of Eegai owner of premises Etusinesslstreet address City State Zip Daytime phone Jeff 8ahe & Bobby Williams 3701 [entral Ave Columbia Heights MN 55421 Name of lessor {if same as legal Business/street address City State Zip Daytime phone owner, write in "SAME"} Check ail activities that will be conducted Pull-tabs ~X,Pull-tabs with dispensing device ~iipboards .Paddlewheel ~Paddlewhee! with table;~,,.Bingo ~ Bar bingo -Pull tab, TipbOard, and Paddlewheel Rent (No lease required for raffles.) Booth operation -sales of gambling equipment by an employee Bar operation -sales of gambNng equipment within a ceased (or va-unteer} of a licensed organization within a separate endosure premises by an employee of the lessor from a eommon area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. rdoes your o~'r4~niiation OR any other oraartization conduct gamblimg fmm a booth operation at this #acation? ~ Yes ,,J,l.No L .,_ ~.._.... _.._._ __., .._ ~ ~ ®_....~ _.. ~ _ _ _.,. _.,_ ...,_ .._ .~ _ ~...._....._ ....,._ _. ~ ~ If you answeredyeS to the question above, rent limits are If you answeredl'i0 to the question above, rent limits are based on the fotlawing combinations of operation: based on the fallowing combinations of operation: - Booth operation - Bar operation - 8aoth operation and quit-tab dispensing device - Bar operation with pull-flab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only - Baath operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total per month far all organizations at this premises. COMPLETE ONE OPTION: COMPLETE ONE OPTION: Option A: 0 to 10% of the gross profits per month. Percentage Option A: 0 to 20% pf the gross profits per to be paid % month. Percentage to be paid °!° Option B: When gross profits are $4,000 or less per month, $0 Option B: When gross profits are $1,000 or less 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 grass profit. Amount to be paid $ profits. Amount to be paid $,~Q . Plus, 0°/° to 10°/a of the gross profits may be paid per month on Pius, 0% to 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 10 Bingo Rent Bar Bingo Rent Option U: 0 to 10°!0 of the gross profits per month from al{ © Option F: No rent may be paid for bingo lawful gambling activities held during bingo occasions, excluding conducted in a bar. bar b'sngo. Percentage to be paid Option E: A rate based on a cast per square foot, not to exceed 110% of a comparable cast per square foot for leased space, as New Bingo Activity approved by the erector of the Gambling Cantroi Board. No rent may For any new bingo activity not previously be paid for bat bingo, Rate to be paid $ per square foot. included in a Premises Permit Application, attach confirm the comparable rate and a!! applicable costs to he paid by the a separate sheet of paper listing the days and organization to the lessor. The lessor must attach documentation, hours that bingo will be conducted. verified by the organization, to 102 LG2'15 Lease for Lawful Gambl Lease Term The term of this lease agreement wiii be concurcent with the premises permit issued by the Gambling Control Board {Board). Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. participation as Players Prohibited The lessor will not participate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family wi[i not participate directly or indirectly as a player in a pull-tab, tipbaard, or paddlewheel game conducted an the premises. Illegal Gambling The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for iliega) gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises ar that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1{a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against iiiegal 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 for any iiiegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7851.0260, Subpart i, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. 7/09 Page 2 of 2 Other Prohibitions The lessor will not impose restrictions on the organization with respect' to providers {distributors) ofgambling-related equipment and services '' ar in the use of net profits for lawful purposes. The lessor, any person residing in the same household as the lessor, the lessor's immediate family, and any agents ar employees of the lessor wiii not require the ' organization to perform any action that would violate statute or rule. The -essor must not modify or terminate this lease in whole or in part due to the lessor`s violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pending a final determination by the Compliance Review Group {CRG) of the Gambling Contro4 Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and their agents, and !aw 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 on the premises. Lessor records The lessor must maintain a record of alt 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 Far 3-1/2 years. Rent ail-inclusive Amounts paid as rent by the organization to the lessor are ail-indusl No other services or expenses provided or contracted by the lessor may be paid by the organization, inducting but not limited to: - trash removal -janitorial and cleaning services - electricity, heat -other utilities or services - storage -security, security monitoring -snow removal -lawn services - in the case of bar operations, cash shortages Any other expenditures made by an organization that is reiated to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Changes in lease If a change in ownership occurs, the organization will submit an amended lease to the Board within id days after the new lessor has assumed ownership. If the lease is amended with no change in ownership, the organization will submit the amended lease to the Board at feast 10 days before the effective date of the change. Acknowledgment of Lease Terms I atfirrn that this lease is the total 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 terminated by either party without cause with a 3D-day written notice. Ather terms: Original lessee will provide lessor, at lessors request, a 30-day termination of agreement at any time during lease term when requested by lessor. The lessee may give the lessor a 34day termination at any time during signed lease period. Signature essor~%~~~ Date Sign ture f org ' ation fficial (lessee} P ' name and title of lessor Prin name and title of es ee Jeff Bahe, & Bobby Williams, Owners Marsha Stroik, CEO Questions? Contact the Licensing Section, Gambling Control Board, at 651-639-4000. This publication wiii be made available in alternative format {i.e. large print, Braille) upon request. The information requested on this form will become public Information when received by the Board, and used to determine your compliance with Minnesota statutes and rules governing lawful gambNng activities. -Reset Form Print Form 103 Minnesota Lawful Gambling 7/09 Page 1 of 2 LG214 Premises Permit Application Annual Fee $"i 5tJ FQR BOARD USE ONLY Check # Organization Information ~ 1. Organization name Columbia Heights Athletic Boosters License number 2072 2. Chief executive officer (CEO) Marsha Stroik Daytime phone 763-?06-3743 Aurora Johnston 763-706-3743 3. Gambling manager Daytime phone Gambling Premises Information Steve, Bobby &JefFs Auto ~~ : ~ ~ ~~ 4. Current name of site where gambling will be conducted _ ~ ~~~; ~ fn 5. List any previous names far this location 6. Street address where premises is located 370'! Central Avenue (Do not use a P.O. box number or matlin address) 7. Gity Township County Zip code Columbia Heights ©R Anoka 55421 8. Does your or anization own the building where the gambling wilt be conducted? Yes tVo if no, attach LG215 Lease for Lawful Gambling Activity 9. Is any other organization conducting gambling at this site? Yes ®IVo ~ Don't know 10. Has your organization previously conducted gambling at this site? ©„Yes ~No Gambling Bank ACCOUnt Information (must be in Minnesota) 11. Bank name Northeast State Bank Bank account number 500-6010 12. Bank street address City Sta#e Zip code 3989 Centro! Avenue Columbia Heights MN 55421 All Temporary and Permanent Off-site Storage Spaces for amblin a uipment and records related to this si#e -must be stored in Minnesota 13. Address (Do not use a P.Q. box number) City State Zip code City Garage 638 38th Ave Columbia Heights MN 55421 MN Bingo Occasions (including bar bingo} 14. Enter day and beginning/ending hours of bingo occasions (A.IVI. or P.M.), An occasion may not exceed 8 hours. Beginning/Ending Hours Day Beginning/Ending Hours Day (~ ___._ ~ to L ~to to . __ ._ .. _ _. to to to ---------- to ~ ~-~==~ to Reset dorm Print Form 104 t_G214 Premises Permit Application 7J09 Page 2 of 2 Local Unit of Government Resolution of Approval CITY APPROVAL for a gambiing premises located COUNTY APPROVAL for a gambling premises located within city limits in a township City name Columbia Heights Gounty name The county board has approved this application by The city council has approved this application by resolution within 90 days of the date of signature below. resoiution within 90 days of the date of signature beiow. Signature of city personnel Signature of county personnel Title Date / / Title date / Acknowledgment and Oath 1, I hereby consent that local law enforcement officers, 5, l am the chief executive officer of the organization. the Board or its agents, and the commissioners of g, i assume full responsibility for the fair and lawful operation of revenue or public safety and their agents may enter all activities to be conducted. the premises to inspect it and enforce the taw. ~, 1 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 pubiia safety and their agents are to abide by those laws and rules, including amendments to authorized to inspect the bank records of the them. gambiing account whenever necessary to fulfill 8. Any changes in application infom~ation will be submitted to the requiremen#s of current gambling rotes and law. Board no later than 10 days after the change has taken effect. 3, 5 have read #his application and all information submitted 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, Ail req d info ati as b en fully disclosed. denial or revocation of the license, Signature o Chie xecutive r {designee may not sign) to Marsha Straik Print name Required Attachments Monthly Regulatory Fee ite there is a i it f thi If i 1, If the premises is leased, attach a +copy of your lease. or s s , ve a prem ses perm you rece monthly regulatory fee of 0.1 /o (.001) of gross receipts Use LG215 Lease for Lawful Gambling Activity. from lawful gambling conducted at the site. ~, $150 annual premises permit fee, far 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 ta: Gambling Gontrol Board 1711 West County Road B, Sui#e 300 Sou#h Roseville, MN 55113 This form will be made available in alternative format (i. Questions? Gail 651-639-4000 and ask for Licensing. e. large print, Braille) upon request. The information requested on this form Your name and address will be public requires access to the information; (and any attachments} wilt be used by the information when received by the Minnesota's Department of Public Safety; Gambling Control Boats {Board} to Board. Ail other information you Attorney General; Commisioners of determine your qualifications to be provide will be private data until the Administration, Finance, and Revenue; involved in lawful gambling activities in Board issues your premises permit. Legislative Auditor; national and Minnesota, and fo assist the Board in When the Board issues your premises international gambling regulatory agencies; conducting a background investigation of permit, all permit information 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, all the specifically authorized by state or federal refuse to supply this information, the Board information provided remains private, law to have access to the information; may not be able to determine your with the exception of your name and individuals and agencies far which law or qualifications 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 to: Beard 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. Reset Farm .Print Form 105 Chevy Grille /Steve, Bobby and. Jeff s Auto ~ Rn~rh U Rc,+nrh ~ ~ H R(1(1t~1 ~ W ~ ~ ~ ~ a, 4? Q U Convenience Stare 106 -- u°0 2 3? 9 2--° X00 9 X000 ~ 3 2ma 500E®~ 60 ~Oi-° UIr.UM~IA HE1~FlTS 1ATHLETIC BC3®STER CI..~~9 ITi~~o. - GHARiTABlE GAMBi_iNG ACCOUNT t ~ ~ T City of Columbia Heights 8/16/2009 Investigative #ee 250.00 Columbia Weights Athl Investigative #ee 250.00 107