BUFFALO CITY COUNCIL AGENDA Meeting: Monday, April 20, 2009 Place: Buffalo City Center Time: 7:00 p.m.
ANNOUNCEMENTS. This time at the beginning of each meeting is for the Mayor
and Council to make public announcements.

OPEN FORUM.

The purpose of the open forum section of the meeting is to allow citizens to express any needs or concerns that they have to the City Council. We allocate this time toward non-agenda items only. The City Council can then act on the concern or put the item on a future agenda.
AGENDA ADDITIONS OR DELETIONS.
Most often additions are noted at this time and then heard at the end of the regular agenda.
PUBLIC HEARING DELINQUENT ACCOUNTS TO BE CERTIFIED TO THE TAX ROLLS.
Summary: This is the time to hold a hearing to consider the certification of delinquent accounts against properties. If certified, these costs will be sent to the County Auditor who will place them against the tax rolls for the specific parcels. The attached list shows the delinquencies at the time notice was sent and we will also provide the Council with the most current delinquents list at the meeting should any accounts be reduced or paid in full. Recommended Action: After public comments are heard it is recommended the Council adopt a resolution certifying the accounts against the tax rolls. Responsible Person for Report: Assistant Administrator Laureen Bodin Please Click Here For More Information.
PUBLIC HEARING - VACATION OF PART OF THIRD AVENUE NORTHEAST.
Summary: The street proposed to be vacated is a short street east of former Centra Sota property that intersects with Fifth Street Northeast. Since the acquisition of Centra Sota by Kent Pfeifer and the reconfiguration of the property that street is no longer needed for public purpose. The owner has requested the street be vacated. Recommended Action: The street may be vacated on condition that easements for storm sewer and any other possible utilities be maintained. Responsible Person for Report: Assistant Administrator Laureen Bodin Please Click Here For More Information.
PLANNING COMMISSION MATTER.
Summary: Tim Folkenson, Interim Use Permit, 407 3rd Avenue NE, PID 103-055001010 Recommended Action: Act on Planning Commission Recommendations. Responsible Person for Report: Council Member Brad Nauman Please Click Here For More Information.
ANNUAL POLICE DEPARTMENT REPORT.
Summary: The annual Police Department report has been completed and is available for public review. Chief of Police Mitch Weinzetl will highlight the report, particularly the crime rate and multi-housing program. Recommended Action: Receive and adopt annual report. Responsible Person for Report: Chief of Police Mitch Weinzetl Please Click Here For More Information.
APPOINTMENT OF H.R.A. BOARD MEMBER.
Summary: Judie Roses term has come open on the Housing & Redevelopment Authority (H.R.A.) Board. Staff has advertised for the position and we may see Ms. Roses application by Monday night, among any others that may be submitted. Recommended Action: Appoint person to the board term. Responsible Person for Report: Mayor and Council Members

APPROVAL OF LICENSES.

Summary: Rancho Grande Sponsor, using their annual liquor license & caterers permit to serve liquor & food, Location: Buffalo Civic Center, Date of Event: May 1, 2009, Time: 6:00 pm to 10:00 pm Buffalo Days Committee Sponsor, Location: Sturges Park, Date of Events: June 12 & 13, 2009, Time: 6:00 pm to midnight Buffalo Rodeo Sponsor Buffalo Jaycees, Location: Buffalo Rodeo Grounds, Event: May 24, 2009 1:30 pm to 10:00 pm Recommended Action: Approve the above licenses. Responsible Person for Report: Assistant Administrator Laureen Bodin
AMERICAN WITH DISABILITIES ACT POLICY.
Summary: The Neighborhood Stabilization Program (NSP) requires that cities have an ADA policy in place. Recommended Action: Approve ADA policy as proposed. Responsible Person for Report: Management Analyst Ann Orlofsky Please Click Here For More Information.
APPROVAL OF SALE OF CITY ITEMS.
Summary: There are a number of computer items that the City no longer needs. The Police Department will be holding a garage sale in the upcoming months and these items may be sold at that sale. Recommended Action: Approve sale of list of items. Responsible Person for Report: Assistant Administrator Laureen Bodin Please Click Here For More Information.

COUNCIL MEMBER REPORTS.

Summary: This time is set aside for Council Members who may have information to report about Advisory Board activities. Responsible Persons for Reports: Council Members.

RECOGNITION BY COUNCIL.

Summary: Should the City Council have a desire to recognize any persons or groups for contributions to the community, this is a time in which they will do so. Responsible Persons for Reports: Council Members.
Delinquent Accounts Hearing April 20, 2009
PID 103-156-002010 103-156-002010 103-223-007120 103-070-000150 103-223-007120 103-223-007130 103-213-002040 103-213-002060 103-213-002070 103-213-002100 103-213-002110 103-213-003040 103-213-003060 103-213-003070 103-213-003090 103-213-003100 103-213-003120 103-213-003130 103-213-004010 103-213-004050 103-213-005170 103-213-006010 103-213-006020 103-213-006030 103-213-006040 103-213-006050 103-213-006070 103-213-006100 103-213-006140 103-213-006150 103-213-006190 103-213-006290 103-010-060070 103-010-060070 103-011-002091 103-027-001150 103-027-001160 103-031-001090 103-054-001050 103-088-002030 103-106-003140 103-130-002110 103-162-004040 103-171-005020 ADDRESS AMOUNT 100 Roberts Ct $13.Roberts Ct $148.RUDY LN $31.8TH ST NW $122.RUDY LN $964.RUDY LN $964.00 Sundance Ridge $39.80 Sundance Ridge $39.80 Sundance Ridge $39.80 Sundance Ridge $39.80 Sundance Ridge $39.80 Sundance Ridge $39.80 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.79 Sundance Ridge $39.1st St. NE $120.1st St. NE $167.3rd St NW $73.16th St NE $179.16th St NE $236.3RD Ave NE $143.2nd St. S $75.3rd Ave S $477.Greenbriar Lane $102.13th Ave NE $89.Vendell St $88.Buffalo Hills St $97.85 DESCRIPTION Legal fees Legal fees Mowing fees missed in '07 Legal fees & finance chg Lot restoration for erosion Lot restoration for erosion Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Trunk access fees Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities

103-172-001100 103-177-003030 103-178-002020 103-178-002020 103-191-001040 103-228-001140 103-228-001140
108 Timber 804 Vendell St. 1305 Leo Lane 1305 Leo Lane 1233 Varner Way 2002 Buffalo Run Rd 2002 Buffalo Run Rd
$839.79 $184.83 $151.78 $239.55 $120.03 $52.00 $371.14
Utilities Utilities Utilities Utilities Utilities Utilities Utilities

Return to Agenda

Planning Commission Minutes April 14, 2009 The Planning Commission of the City of Buffalo held a regular meeting in the City Center on the 14th day of April 2009, at 7:00 p.m., with the following members present: Marcia Paulsen, John Norman, Scott Enter, Patrick Day, Brad Nauman and Mike MacMillan. Absent: Michael Moravec. Also in attendance were Management Analyst Ann Orlofsky and Planner Steve Grittman of NAC. OPEN FORUM There was no one in attendance for the open forum portion of the meeting. APPROVAL OF March PLANNING COMMISSION MINUTES Upon motion by MacMillan, motion seconded to approve of the March minutes, all members voting in favor. PUBLIC HEARING TIM FOLKENSON, INTERIM USE PERMIT, 407 3rd AVENUE NE, PID 103-055-001010 Grittman provided the background report. He explained that Mr. Folkenson has applied for an Interim Use Permit to allow residential living in this home. The property is in the B-5, Central Business District. The property contains a single family home that is presently vacant but has been use as a commercial use in the past. The property is on the market and the new owner would like to use the property as a traditional single family home. Residential uses are allowed in the B-5 District as a conditional use provided that they do not occupy the first floor of a building. The applicant is proposing to use the entire structure for residential use. The property is in an area that contains a mix of residential and commercial uses and is planned for future commercial uses. Grittman stated that the property is surrounded by a mix of single and multiple family residential uses to the west and south, industrial uses to the east and PUD (mixed commercial) uses to the north. The subject site is in an area planned for future commercial uses. The sites close proximity to the Highway 55 corridor makes it an ideal location for a commercial use. Land to the north is a part of a redevelopment project area surrounding the railroad. The site abuts the new 5th Street extension between Highway 55 and the downtown area, including a new railroad crossing that replaced the former crossing at Soo Lane. Grittman explained that the proposed interim single family use is consistent with Zoning Ordinance requirements and satisfies the essential interim use permit criteria. Therefore, Staff recommends approval of the interim use permit subject to the following conditions: 1. The residential use of the property shall terminate upon the occurrence of any one of the following conditions: a. Occupancy of the property by non-owner occupants after December 31,

b. c. d.

2014 (five years from the end of this year). Combination of the property with another adjacent property for purposes of redevelopment. Vacancy of the existing structure for more than twelve consecutive months. Actual use of the property for commercial use.
2. The applicant shall enter into a development agreement with the City that details the terms of the IUP, including the termination events. Nauman asked how long this area has been zoned B-5. Grittman stated that it has been for some time possibly even 15 years or more. Nauman asked if they would need to reapply for a new permit in 5 years, if the permit should expire but the use has not changed. Grittman replied that Interim Use Permits are not extended they would need to reapply for a new permit. Sonney Lowell, who lives at 12 3rd Avenue NE expressed his interest in purchasing the property. Their daughter, son in law and children live in the city and have been faced with foreclosure on their current home. Mr. and Mrs. Lowell would like to purchase this home for their daughter to move into. The Lowells have concerns with condition 1a, they fear that when 2014 comes around they may have a property they would not be able to rent that is vacant, if they cannot get their Interim Use Permit renewed. They would like to rent out the property until commercial development took place. Mike Brady, the Lowells Realtor added another aspect on condition 1a is that the underwriters may not help them purchase the property because they fear not being able to rent the property 5 years from now if the market conditions have not changed and there is no interest for commercial development at that time. And, they as a bank would also be sitting on a vacant property they could not rent. Day asked the Lowells what the prior use was. The Lowells explained this property was a residential home and then was turned into an occasional sale store. The property is now vacant and in foreclosure. Nauman asked if this property was not turned into an occasional sale would we be here tonight for an Interim Use Permit. Grittman explained that because the property was rezoned commercial and is looked upon as an area for future commercial development that is why we here for the Interim Use Permit. Nauman asked if there is a way to work around condition 1a to help accommodate their situation. Day asked what would put 1b into play. Grittman explained that this clause is really to affect a future buyer.

Nauman questioned if the Interim Use Permit would run with the property or the applicant. Grittman confirmed that the Interim Use Permit runs with the property. Mr. Brady asked what the purpose of condition 1a is. Grittman explained the idea of condition 1a is to set a date and to facilitate an owner occupied structure. The intent is that this property eventually would become commercial use and the date helps protect the Citys interest. Hearing no more comments Paulsen closed the public hearing. Norman stated that the potential buyers could put their daughter as a co owner of property, and then we would not have an issue. Nauman felt doing so would limit the owners to whom they could rent the property to. Nauman does not have an issue with what the property owners intent is for the property, however; the commissioners need to protect the city. Nauman feels that the City is protected by conditions 1b, c, and d. He is ok with omitting condition 1a. MacMillan asked if we could just review the Interim Use Permit in 5 years, rather than have the permit expire in 5 years. Grittman stated that yes you can always review but the City should have conditions to revoke the Interim Use Permit if necessary. MacMillan felt that conditions 1b, c, and d were the conditions to revoke the Interim Use Permit. Nauman moved to recommend approval for the Interim Use Permit at 407 3rd Avenue NE, per NACs report dated April 7, 2009, File No. 137.03-09.05, omitting condition 1a. Motion seconded. All members voted in favor.
ADJOURN Upon motion by Norman, motion seconded, the Planning Commission moved to adjourn the meeting, all members voting in favor.

Chairperson

Management Analyst
Buffalo Police Department MEMORANDUM

Date: April 20, 2009

Buffalo City Council Merton Auger, City Administrator Mitch Weinzetl, Chief of Police Police Department Agenda Item

From: Subject:

Mr. Mayor and City Council, The Police Department staff has prepared an annual report of our activity for calendar year 2008. The report can be found at the link below: http://www.ci.buffalo.mn.us/police/annual_monthlyreports.htm At the upcoming meeting, I will make a few brief comments about the report and I can also answer any questions you may have at that time.

ADAPOLICY TheCityofBuffalo(COB)isamunicipality.COBiscommittedtoapolicyofprovidingEqualOpportunity andaccesstoallcitizensofcityfacilitiesandprogramsinaccordancewithapplicableprovisionsofthe AmericanswithDisabilitiesAct(ADA)tothebestofitsability. COBisanequalemploymentopportunityemployer.Employmentandprogramparticipationdecisions are based on merit, program criteria and business needs, and not on race, color, citizenship status, nationalorigin,ancestry,gender,sexualorientation,age,religion,creed,physicalormentaldisability, maritalstatus,veteranstatus,politicalaffiliation,oranyotherfactorprotectedbylaw.COBcomplies with the law regarding reasonable accommodation for handicapped and disabled program applicants, participantsandemployees. COBwillnotdiscriminateagainstaqualifiedjobapplicantorprogramparticipantwithadisabilityunder theADA,definedasapersonwhohasaphysicalormentalimpairmentthatsubstantiallylimitsoneor moremajorlifeactivities,hasarecordofsuchimpairment,orisregardedashavingsuchimpairment.A qualifiedindividualwithadisabilityissomeonewhosatisfiesskill,experience,education,andotherjob relatedrequirementsofthepositionheldordesired,whowithorwithoutreasonableaccommodation, canperformtheessentialfunctionsofthatposition.Reasonableaccommodationwillbeaffordedtoa qualifiedindividual,unlessdoingsowouldimposeanunduehardshiponCOB. EqualEmploymentOpportunitynoticesarepostednearemployeegatheringplacesasrequiredbylaw. These notices summarize the rights of employees to equal opportunity in employment and lists the namesandaddressesofthevariousgovernmentagenciesthatmaybecontactedintheeventthatany personbelievesheorshehasbeendiscriminatedagainst. Merton Auger, the City Administrator of COB, is the delegated Manager and Coordinator of EEO and AAP practices and policies. These responsibilities also encompass the implementation of and conformancetotherequirementsundertheADA.TheCityAdministratorisaccountabletotheBuffalo City Council. City Council is ultimately responsible for assuring that the practices and policies are effectiveandareappliedtoeveryoneuniformly. Anyemployees,includingmanagers,involvedindiscriminatorypracticeswillbesubjecttotermination. ADAGRIEVANCEPROCEDURE This grievance procedure allows employees, applicants or program participants to appeal decisions or actionsinwhichtheyfeeltheywerenottreatedfairlywithregardstotheapplicationofAmericanswith DisabilitiesAct. A. Individualsmustsubmitthegrievanceinwritingwithintenbusinessdaysoftheincident totheirsupervisorortotheCityAdministrator.Thegrievancemustdetailtheaction(s)ordecision(s) thattheindividualfeelsareunfair.

B. Within ten business days of receipt of the grievance the supervisor and employee (or the program participant and City Administrator) will meet to discuss and resolve the problem with a mutuallyacceptableagreement. C. IfstepBisunsuccessful,theemployeeandsupervisor(ortheprogramparticipantand CityAdministrator)withintenbusinessdaysofthemeeting,willmeetwiththeCOBCityCouncilwherea finalbindingdecisionwillbemade. Authority for carry out the implementation of COB ADA Policies and Program has been delegated to Meton Auger, City Administrator of the city. Final responsibility for development, implementation, evaluation,andamendingtheADAPoliciesandProgramPlanbelongstotheCOBCityCouncil. Date FredNaaktgeboren,Mayor Date MertonAuger,CityAdministrator AdoptedbytheCOBCityCouncil ,2009 MertonAuger,CityAdministrator on
CITY OF BUFFALO MANAGEMENT INFORMATION SERVICES INVENTORY OF EQUIPMENT FOR AUCTION
City ID 009674 Description Dell PowerEdge 600SC Computer (PC136) HP Pavilion 7960 Computer (PC084) Frontier Systems Computer (PC008) Dell Dimension XPS T450 Computer (PC065) AOpen Computer (PC170) MAGInnovision 986FS Monitor - Model # 986N Dell Monitor - Model # M780 Micron Monitor Model # RMO7R11 Nobilis Nobleview Monitor Model # A1554NEL Dell Trinitron Monitor Model # D1025TM JVC Audio/Video Control Receiver - Model # RX-6032VSL TOA 900 Series II Amplifier Model # A-912MK2 IBICO IL4 Laminator Model # IL4 Epson Receipt Printer Model # M129B Epson Receipt Printer Model # M129B Star Receipt Printer Model # SP200-2 Cash Drawer Cash Drawer Epson Perfection 1640SU Office Scanner Model # G754A Epson Perfection 1640SU Office Scanner Model # G754A Microtek ScanMaker 5950 Model # MRS-2400A8U CT3X001323 Serial Number 94XKC21 MX12860198 124904238SA712 6F52A 04812199JK FXHA22103360U 5322DE8G1T99 9277R1S8522686 148X06485 ATDK109930 ATDK109928 700301200244

CT3W004290 W5B54D00712