HomeMy WebLinkAboutOctober 11, 2004 RegularCITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
Visit Our Website at: www. ci. columbia-heights, mn.us
ADMINISTRATION
Mapor
dulienne Wyckoff
Councilmembers
Robert A. Williams
Bruce Nmvrocki
Tammera Ericson
Bruce Kelzenberg
Cit~ Manager
Waiter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday,
October 11, 2004 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 achnission or access to, or treatment or
employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are
available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611,
to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
Invocation: Pastor Paul Widen, Oak Hill Baptist Church
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
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 underthe Citizen Forum or items submitted after the
agenda preparation deadline.)
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A) Proclamations - none
B) Presentations
1) Columbia Heights Boosters Club - donation for Community Center Study
C) Introduction of New Employees - none
D) Recognition - none
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) MOTION: Move to approve the Consent Agenda items as follows:
1) Approve Ci_ty Council Meeting Minutes for September 27, 2004 regular Ci_ty Council meeting P5
MOTION: Move to approve the minutes of the September 27, 2004 regular City Council meeting as
presented.
2) Accept Boards and Commissions Meeting Minutes
MOTION: Move to accept the October 5, 2004 minutes of the Planning and Zoning Commission P26
3)
Adopt Resolution No. 2004-64, being a Resolution to certify delinquent utility_ and miscellaneous
charges to Anoka County for collection with the property taxes payable in 2005
MOTION: Move to waive the reading of Resolution 2004-64 there being ample copies available to
the public.
P34
MOTION: Move to adopt Resolution 2004-64 being a resolution to certify delinquent utility and
miscellaneous charges to Anoka County for collection with the property taxes payable in 2005.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
City Council Agenda
October 11, 2004
Page 2 of 4
4)
Authorize Lease Amendment with Heritage Investment Trust Inc. for Top Value 1 ~'38
MOTION: Move to authorize the Mayor and City Manager to enter into a contract amendment with
Heritage Investment Trust, Inc. to extend our current lease at 4340 Central Avenue for an additional
38 months at a rental rate of $7.85 per square foot with the option to extend the lease for an
additional 36 months at a rental rate of $8.64 per square foot.
5)
Adopt Resolution No. 2004-65 being a Resolution of revised fees charged by the Columbia Heights. ~,39
Police Department
MOTION: Move to waive the reading of Resolution No. 2004-65, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2004-65, being a Resolution establishing various fees
charged by the Columbia Heights Police Department starting on January 1, 2005.
6)
First Reading of Ordinance No. 1477, being and Ordinance amending 853-10.108(6) City Code of ~'4~4
1977, Pertaining to Public Nuisances
MOTION: Move to waive the reading of Ordinance No. 1477 there being ample copies available to
the public.
MOTION: Move to schedule the second reading of Ordinance No. 1477, being an ordinance
amending Ordinance 853-10.108(6), City Code of 1977 authorizing the Ordinance violation of
Public Nuisance under 10.108(6)(a) to be charged as a petty misdemeanor and subject to the
penalties set forth by Resolution.
7)
Approve Transfer of Safe and Sober Funds from General Fund to Police Department Budget O.T."
line 1020
MOTION: Move to transfer $1,294.30, the total amount of money received from the state of
Minnesota for our efforts in the Safe and sober program, from the General Fund to the Police
Department 2004 budget line #1020 overtime.
8)
Support request of Columbia Heights Athletic Boosters regarding Charitable Gambling Lease Limits
MOTION: Move to support the Columbia Heights Athletic Boosters Club request to have staff bring
forth an amendment pertaining to lease amounts in Resolution No. 2004-23 Authorizing Certain
Charitable Gambling in Columbia Heights.
9)
Authorize Continuation of the Public Hearing for Resolution No. 2004-55, Adopting a Modification P55
to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment
Project and Establishing the Huset Park Area TIF District and TIF Plan to Monday, October 25,
2004 at approximately 7 p.m. in the City Council Chambers
MOTION: Move to authorize Continuation of the Public Hearing for Resolution No. 2004-55,
Adopting a Modification to the Downtown Central Business District (CBD) Revitalization Plan for
the CBD Redevelopment Project and Establishing the Huset Park Area TIF District and TIF Plan to
Monday, October 25, 2004 at approximately 7 p.m. in the City Council Chambers
10)
Authorize Continuation of the Public Hearing for Resolution 2004-54, approving the elimination of ~'56
parcels from the TIF 4 Multi Use Redevelopment Project (MURP) K2 TIF District to Monday,
October 25, 2004 at approximately 7 p.m. in the Ci_ty Council Chambers
MOTION: Move to authorize Continuation of the Public Hearing for Resolution 2004-54, approving
the elimination of parcels from the TIF 4 Multi Use Redevelopment Project (MURP) K2 TIF District
to Monday, October 25, 2004 at approximately 7 p.m. in the City Council Chambers
P. 2
City Council Agenda
October 11, 2004
Page 3 of 4
11) Establish a Hearing Date of October 25, 2004 for revocation or suspension of rental property license P 57
at 1308-10 and 1324-26 Circle Terrace Blvd.
MOTION: Move to Establish a Hearing Date of October 25, 2004 for Revocation or Suspension of
a License to Operate a Rental Property within the City of Columbia Heights against Edward Fragale
at 1308-10 & 1324-26 Circle Terrace Blvd. N.E.
12) Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for October 11, 2004
as presented.
P58
13) Approve Payment of Bills
MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached
check register covering Check Number 110068 tlu-ough 110241 in the amount of $738,782.92.
P60
PUBLIC HEARINGS
A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4612 Polk Street P 68
MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental
License Held by Marilyn Dalseth Regarding Rental Property at 4612 Polk Street in that the violations on
the property have been corrected.
B) Adopt Resolution No. 2004-66, being a Resolution of the CiW of Columbia Heights declaring the P65
property at 4152 Cleveland Street NE a nuisance and approve the abatement of violations from the
~: property pursuant to Ci_ty Code Section 8.602
MOTION: Move to waive the reading of Resolution No. 2004-66, there being ample copies available' to
the public.
MOTION: Move to adopt Resolution No. 2004-66, being a Resolution of the City Council of the City
of Columbia Heights declaring the property at 4152 Cleveland Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code Section 8.602.
ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
1) Second Readings of Ordinance No. 1476, being an Ordinance providing for the issuance and sale of P82
approximately $2,045,000 G.O. Tax Increment Refunding Bonds, Series 2004A
MOTION: Move to waive the reading of Ordinance No. 1476, there being ample copies available to
the public.
MOTION: Move to Adopt Ordinance No. 1476 being an ordinance providing for the issuance and
sale of approximately $2,045,000 in Tax Increment Refunding Bonds, Series 2004A.
2) Second Reading of Ordinance No. 1475, Case #2004-0702, Industrial Park Rezoning P85
MOTION: Move to waive the reading of Ordinance 1475, there being ample copies available to the
public.
MOTION: Move to Adopt Ordinance 1475, being an Ordinance pertaining to Zoning and
Development Ordinance No. 1428, pertaining to the rezoning of certain properties located at 317
37th Avenue NE; 450, 515, and 517 38th Avenue NE; 510, 550, 600 and 620 39th Avenue NE; and
3700, 3800, 3801 and 3901 5th Street NE.
B) Bid Considerations -none
P. 3
City Council Agenda
October l 1, 2004
Page 4 of 4
C) Other Business
8. ADMINISTRATIVE REPORTS
A) Report of the City Manager
B) Report of the City Attomey
CITIZENS FORUM
(At this time, citizens have an oppommity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes.)
10. COUNCIL CORNER
11. ADJOURNMENT
Walter R. Fehst, City Manager
WF/pvm
P. 4
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
SEPTEMBER 27, 2004
The following are the minutes for the regular meeting of the City Com~cil on Monday, September 27,
2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
Mayor Wyckoff indicated that an EDA meeting preceded this meeting.
Pastor Theresa Taylor, Oak Hill Baptist Church, gave the Invocation.
CALL TO ORDER/ROLL CALL
Mayor Wyckoff called the meeting to order at 7:38 p.m., immediately following the Economic
Development Authority meeting.
Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawa'ocld, Councilmember
Ericson, Councilmember Kelzenberg.
PLEDGE OF ALLEGIANCE - Recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Motion by Ericson, second by Williams, to table items 7E and 7F, per staff reconzrnendation. Upon
vote: All ayes. Motion carried.
PROCLAMATIONS, PRESENTATIONS~ RECOGNITIONS AND GUESTS
Proclamations
1) Polish American Heritage Month
Dolores Strand, Sister Cities Co-Chair, read the Proclan~ation. Strand indicated that she and
Walter Logacz attended the Sister Cities National Conference in Texas. The Wheelchairs for
Peace Foundation has indicated that Columbia Heights would be the smallest comrnmfity in
the United States to contribute the $18,000 required for the container of 240 wheelchairs.
Colmr~bia Heights pins have been shared with people in all areas of the world, which raises
the profile of Columbia Heights.
Strand indicated that foUr people from Columbia Heights jUst retumed from om' Sister City,
Lomianki, Poland where they attended the American Flyers Ceremony. Strand listed the
events, speakers and places they visited. Their library has requested more interaction with
our Library. Three checks were donated to the children's hospital, for which they were very
appreciative.
The Sister Cities Cmmnittee will sponsor a fundraiser concert on Sunday, October 17 at 4:00
p.m., at First Lutheran Church, featuring a noted pianist. She indicated where tickets could be
purchased. Wyckoff gave the history, of the American Flyers Ceremony, and Columbia
Heights resident Walter Szymczak being shot down in Lomianki. Strand passed along the
warm wishes of the Polish dignitaries.
2) Domestic Violence Awareness Month
Mayor Wyckoff read the Domestic Violence Awareness MOnth Proclamation.
Presentations - none
P. 5
City Council Minutes
September 27, 2004
Page 2 of 21
Introduction of New Employees
1) Bridget Hill, Police Secretary IIA
Police Chief Tom Johnson introduced Bridge Hill, who was previously employed by the
New Hope Police Department, records division. Johnson indicated that Ms. Hill already has
all of the required certifications.
2)
Jesse Davies, Public Works Administrative Assistant
Kevin Hanson, Public Works Director introduced Jesse Davies, who comes fi'om Lennox,
South Dakota and gave his background.
Recognition - none
CONSENT AGENDA
Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items.
1) Approve City Council Meeting Minutes
a) Motion to approve the minutes of the September 9, 2004 special City Council meeting as
presented.
b) Motion to approve the minutes of the September 13, 2004 regular City Council meeting
as presented.
c) Motion to approve the minutes of the September 15, 2004 City Council Election Canvass
meeting as presented.
2)
Accept Boards and Connnissions Meeting Minutes
a) Motion to accept the July 28, 2004 minutes of the Park and Recreation Commission
b) Motion to accept the September 8, 2004 minutes of the Plamfing and Zoning
Commission
c) Motion to accept the August 17, 2004 minutes of the Economic Development Authority
d) Motion to accept the September 7, 2004 minutes of the Library Board
Establish Budget Work Session meeting dates
Motion to set budget work session meeting dates 'to review the 2005 budget for the following
Mondays: October 4, October 18, November 1, November 15, November 29, trod December
6.
4)
Approve Application for Raffle for the Corn-age Center of Golden Valley
Motion to direct the City Manager to forward a letter to the State Charitable Gmnbling
Control Board indicating that the City of Columbia Heights has no objection to a raffle event
to be conducted by Courage Center of Golden Valley in conjunction with a wheelchair
basketball tournament on October 15, 2004 at the Columbia Heights High School, 1440 49th
Avenue NE, Columbia Heights; and furthermore, that the City Council hereby waives the
remainder of the sixty-day notice to the local governing body.
Fehst stated there is a resolution that allows for this.
5)
Establishing Amount of Assessments to be Levied
Motion to waive the reading of Resolution No. 2004-57, there being ample copies available
to the public.
Motion to adopt Resolution No. 2004-57 being a Resolution establislfing amount of City
share and mnount of Special Assessments on Projects to be levied.
P. 6
City Council Minutes
September 27, 2004
Page 3 of 21
Fehst listed the amounts to be assessed. Nawrocki asked the coml~arison to the amount
indicated at the Iml~rovement Hearing. Hansen stated this amount is about a 3.3 l~ercent
decrease and will be reflected in the amount assessed to residents.
RESOLUTION NO. 2004-57
CITY OF COLUMBIA HEIGHTS
BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF
SPECI_A_L ASESS_.MF~NTS ON PROJECTS TO BE LEVIED
WHEREAS, the City Council of the City of Columbia Heights by motion on the 23~a day of August,
2004, ordered a special assessment hearing to levy the cost of improvements and;
WHEREAS, the following projects will be specially assessed in October, 2004, and a portion of the
costs may be borne by the City,
NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code
4.103, that the breakdown is as follows:
Project Estimated Assessed Estimated
City Portion Portion Total
Zone 7A Street Construction Project $504,400 $820,400 $1,324,800
Zone 7A General State Aid, Utility Funds · $459,000 $-0- $459,000
6) Authorization to seek bids for architectm'al services for a building maintenance project at the
MSC. REMOVED
7)
Adopt Resolution No. 2004-59, being a Resolution supporting MnDOT consideration of a
cost sharing municipal agreement for construction of a drainage facility on T.H. 65 south of
49th Avenue
Motion to waive the reading of Resolution No. 2004-59, there being ample copies available
to the public.
Motion to adopt Resolution No. 2004-59, being a Resolution sUpporting MnDOT
consideration of a cost sharing muniCipal agreement for construction of a drainage facility on
T.H. 65 south of 49th Avenue
RESOLUTION NO. 2004-59
BEING A RESOLUTION REQUESTING Mn/DOT CONSIDERATION OF
FUNDING THROUGH THE MUNICIPAL AGREEMENT PROGRAM FOR THE
RECONSTRUCTION OF EXISTING DRAINAGE FACILTIES
WHEREAS, the City of Columbia Heights proposes to make certain drainage facility improvements on T.H.
65, soUth of 49th Avenue.
WHEREAS, the improvements will benefit both the City of Columbia Heights and the Minnesota Department
of Transportation.
WHEREAS, the City of C°lumbia Heights is committed to providing the loCal sha~e of the costs if the project is
selected as part of the Municipal Agreement Program.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City
shall be responsible for the preliminary engineering, project design, and permitting functions of said
improvements; and
BE IT FURTHER RESOLVED that the construction costs of the improvements be shared between the
Minnesota Department of Transportation and the City of Columbia Heights; and
BE IT FURTHER RESOLVED, that following approval by the Minnesota Department of Transportation of
plans and specifications for said improvements, and before the contract letting for the construction of said
improvements, the Minnesota Department of Transportation shall prepare an agreement to provide for the State
to pay its share of the costs of the improvements in accordance with the latest "Procedures for Cooperative
Projects with Municipalities".
8)
Fh'st Reading of Ordinance No. 1476, being an Ordinance providing for the issuance and sale
of approximately $2,045,000 G.O. Tax Increment Refunding Bonds~ Series 2004A
REMOVED
Fehst stated that this is for Parkview Villa South and would save us $170, 000 a year.
P. 7
City Council Minutes
September 27, 2004
Page 4 of 21
9)
Establish a Hearing date of October 11, 2004 for revocation or suspension of rental prope~
license at 4612 Polk Street N.E.
Motion to establish a hearing date of October 11, 2004 for revocation or suspension of a
license to operate a rental property within the City of Colmr~bia Heights against Marilyn
Dalseth at 4612 Polk Street N.E.
10) Approve Rental Housing License Applications
Motion to approve the items listed for rental housing license applications for September 27,
2004.
11) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for September 27, 2004
as presented.
Approve Payment of Bills
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 109900 through 110067 in the mount of $1,129,467.30.
Motion by Williams, second by Kelzenberg, to approve the consent agenda, with the
exception of item #6 and #8. Upon Vote: All ayes. Motion carried.
#6 Municipal Service Center
Nawrocki indicated he viewed the building and the roof and disagreed with the amount of
work requested at this time. He questioned the need for a three level elevator, the roof could
use some repair on the edges and around the vents, and the necessity of a wash bay for the
lower level. Kevin Hansen, Public Works Director, stated this reqUest is for design services
for a preservation/maintenance project. An independent roof professional has analyzed the
roof and recomrnended complete roof replacement, as there are two levels of roof with
leakage and concern for weight limits. Other improvements are for security systems and
facilities for women. The addition of an elevator would be required with any improvements
of over $100,000. The building exterior has deteriorating masom~y emd this work would
extend the life of the building. Staff has requested the addition of a lower level wash bay to
wash the large equipment.and improve sediment removal. The main floor is a reinforced
concrete floor and is on a maintenance schedule at a cost of $20-$25,000 per year. Hansen
stated that funds have been set aside at about $75,000 per year for this project, with about
$375,000 in that fund. Remaining funds would be borrowed internally. Fehst stated there are
about eight spots on the roof which leak that are causing water damage to the roof insulation
and two spots where you can see light through the ceiling.
.Nawrocki reiterated his observations.
Wyckoff commended staff for staying on top of this situation and planning ahead for
payment of the repairs. Nawrocki questioned where the future funds required would come
from. Fehst stated that Council agreement would continue support of the project thi'ough the
yearly budget process.
Williams stated this request is only for architectural service bids. He questioned the cost and
indicated he has a friend that is a Columbia Heights au'chitectural engineer that would
probably do it for less.
P. 8
City Council Minutes
September 27, 2004
Page 5 of 21
Fehst indicated the necessity for women's restrooms and building security. The HVAC is the
original system. Our intent is to consider options of the Honeywell and cleaning service
contract versus local maintenance and our own cleaning personnel. Hansen stated we have
been aware of the smaller problems, but deferred them to do one main project, with the hope
of getting a better value.
Ericson stated tlxis has been in the planlfing process for a long thue, and is glad that staff goes
through the process to set aside funds. She felt Council should follow through and do their
part to allow the necessary maintenance to be done.
Motion by Ericson, second by Kelzenberg, to authorize Public Works to seek bids for
Architectural Services for plan development and inspection services for the MSC Building
Maintenance Project.
To answer Council's question, Hansen stated the roof is now 17 years old and the consultant
indicated the normal life of roof is 11 to 12 years.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawa-ocki, nay; Wyckoff, aye. 4
ayes -1 nay. Motion carried.
#8 First Reading of Ordinance No. 1476, being an Ordinance providing for the issuance and
sale of approximately $2,045,000 G.O. Tax Increment Refunding Bonds, Series 2004A
Mark Ruff, Ehlers and Associates, Financial Consultant for the City, indicated review of the
1990 Bond interest rate, now at over seven percent, which today could be less than three
percent. This has been discussed for two years. This should save nearly $1 million dollars
and assist in covering property tax shortfalls or enhance the City budget. The only downside
is the Charter requirement for two readings of an Ordinance and a 30 day waiting period,
which can determine the f'mal rate received. He suggested the Charter Commission review
this. Fehst questioned if selling Parkview Villa would be a problem. Ruff stated that if sold to
a private business, the bonds would need to be paid.
Motion by Nawa-ocki, second by Williams, to waive the reading of Ordinance No. 1476,
there being ample copies available to the public. Upon Vote: All ayes. Motion carried.
Motion'by Nawrocki, second by Williams to schedule October 11, 2004 at approximately
7:00 p.m. in City Council Chambers for the second reading of Ordinance No. 1476 being an
ordinance providing for the issuance and sale of approximately $2,045,000 in Tax Increment
Refunding Bonds, Series 2004A. Upon Vote: Kelzenberg, aye; Williams, aye; Ericson, aye;
Nawrocki, aye; Wyckoff, aye. All ayes. Motion carried.
PUBLIC HEARINGS
A) Public Hearing called for Revocation/Suspension of Rental Housin~ License at 1019 37th Ave.
Mayor Wyckoff closed the public hearing regarding the revocation or suspension of the rental
license held by Erika Thorn regarding rental propen~y at 1019 37th Avenue N.E. in that the
property owner has corrected a significant nmnber of the deficiencies h~side and outside the
building, and has received an extension to complete the work.
Ericson stated this owner has been on the agenda for revocation several times, amd questioned if
it is for the same property or other rental properties. Fehst stated that staff would research this.
P. 9
City Council Minutes
September 27, 2004
Page 6 of 21
B) Public Hearing called for Revocation/Suspension of Rental Housing License at 208-10 42nd Ave.
Mayor Wyckoff closed the public hearing regarding the revocation or suspension of the rental
license held by Tahazib Bacchus regarding rental property at 208-210 42n Avenue N.E. until
such time all interested pm'ties can be properly notified.
c)
Public Hearing called for Revocation/Suspension of Rental Housing License at 1635 49th Ave.
Mayor Wyckoff close the public hearing regarding the revocation or suspension of the rental
license held by Abullahi Elmi regarding rental property at 1635 49th Avenue N.E. in that the
property owner has corrected some of the deficiencies inside the building and has received a
extension to complete the work on the outside of the building, and as of September 30, 2004 the
property will be vacated and no longer be used as rental property.
Deb Jolmson, 999 41st Avenue, disagreed with allowing time extensions, as it will soon be winter
and the work will not be done. We need to keep up the rental properties in the commtmity.
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
1) INDUSTRIAL AREA
a) Adopt Emergency Ordinance No. 1474, an ordinance repealing Ordinance No. 1471
ending a moratorium on development in Industrial Park Master Plan area
Randy Schm~acher, Community Development Assistant and Project Manager for the
Industrial Area Park, indicated the following issues are for land use and redevelopment in
the industrial area. Over two years ago the City Council desigmated 28 acres for
redevelopment in the industrial area. Planning funds were received from the County.
Contamination was found and $1,300,000 was received from the State and Met Council
for removal of the industrial contamination. $4-5,000,000 will be required to clean up the
land. Funding is available, however a redevelopment agreement for the area following
clean up is required. The EDA has approved a development agreement with Schafer
RichardsOn and another clean up grant will be submitted in November. Ellen
Berkelhamer, City Planner, indicated that a moratorium was established in 2002 for
certain properties identified in Phases 1 and 2 of the Master Plan. The planning process
has been completed and the moratorium can be lifted. Steve Bubul, Kennedy and Graven,
indicated the property owners would be notified.
Nawrocld disagreed with this being an emergency ordinance. Berkelhan~er indicated that
Cotmcil can not talce action on the redevelopment process until the moratorium is lifted.
Motion by Kelzenberg, second by Ericson, to waive the reading of Emergency
Ordinance No. 1474, there being ample copies available to the public. Upon vote: All
ayes. Motion carried.
Motion by Kelzenberg, second by Ericson, to adopt Emergency Ordinance No. 1471,
being an Ordinance repealing Emergency Ordinance No. 1471 and ending the
moratorium on the use of property identified in Phase I and II of the Industrial Park
Master Plan for the City of Columbia Heights. Upon vote: Kelzenberg, aye; Williams,
aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. 5 ayes. Motion carried.
EMERGENCY ORDINANCE NO. 1474
CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN EMERGENCY ORDINANCE
REPEALING EMERGENCY ORDINANCE NO. 1471
The city of Columbia Heights does ordain:
Section 1: On July 8, 2002, the City o~.°]~'6~m_bia Heights adopted Emergency Ordinance No. 1449,
which was an ordinance that was createct' t effort to protect the strategic plam~ing process, health, safety,
City Council Minutes
September 27, 2004
Page 7 of 21
and the general welfare of the public for the City of Columbia Heights; and
Section 2: On June 9, 2003, the City of Columbia Heights adopted Ordinance No. 1457, extending the
moratorium for the Light Industrial zoned properties to protect the strategic plamling process, health, safety,
and the general welfare of the public for the City of Columbia Heights; and
Section 3: On June 14, 2004, the City of Columbia Heights adopted Ordinance No. 1471, extending the
moratorimn as of July 8, 2004 for six months to protect the strategic planning process, health, safety, and
the general welfare of the public for the City of Columbia Heights, recognizing that said time period may be
shortened at anytime by the City Council; and
Section 4: On July 7, 2004, the Planning & Zoning commission conducted a public hearing to consider a
Comprehensive Plan Amendment and Rezoning for the industrial area as part of the strategic planning
process and therefore the strategic plamfing process is now complete.
Section 5: The City Council determines that Emergency Ordinance No. 1471 may be repealed
because the strategic planning process to determine the highest and best use for the industrial zone
properties has been completed.
b)
Adopt Resolution 2004-58, Case #2004-0702 Industrial Park Comprehensive Plan
Amendment
Berkelhmuer showed a site plan of the area and described the boundaries. She described
the actions previously taken and the desire to enter into a developer's agreement with
Schafer Richardson for development of this area. This would require a zoning change
from Industrial to Transit Oriented Development. The plml is consistent with the goals
witlfin the Comprehensive Plan. It would also provide life cycle housing, and increase
pedestrian/bicycle transit. The Planning Conmfission voted unmximously for the City
Council to approve this Comprehensive Plan Amendment. This amendment would then
go to the Met Council for their review.
Wyckoff indicated this requires a 4/5m vote.
Nava'ocki stated his opposition to this project, as it would remove 60 percent of the
City's industrial property. The area is not in good shape, but could be revitalized. The
proposed density for the area is too high. He referred to problems in other high density
areas of the city. He stated that he is not convinced this will improve the community tax
base. He felt it would take 26 years before the Tax Increment would pay for the up front
costs. Nawrocki stated that this development would be equivalent to adding two cities the
size of Hilltop to our community, and the city would pay a disproportionate share of road
costs, and utility costs. Nawrocki indicated he was told the owners could not be required
to keep the homes owner occupied.
Ericson stated her appreciation for concern in removing industrial area, but felt our
necessarily mean problems, mid stated displeasUre with the statement that this will be two
City of Hilltops. This issue is regarding the Comprehensive Plan and what we want to do
with our cormuunity. Ericson stated confidence in the project and pointed out support of
the State and Met Council with fimding.
Kelzenberg stated that experts indicate this is not a good area for industrial and is
presently an eye sore. If we don't do anything, it will stay an eye store. He felt this would
probably be the best asset to come into our conuuunity.
Wyckoff stated this area had a beautiful view of downtown Mimleapolis mid should not
be industrial, and be better suited to owner occupied $300,000 townhomes. There is a
glut of industrial in the metro area already. Wyckoff indicated that this property has been
decaying for years and we now h~. 11 chance to move forward and should do so.
City Council Minutes
September 27, 2004
Page 8 of 21
Williams stated this area is really polluted with toxic chemicals and needs to be cleaned
up and at this point, industrial is dead in this area.. He indicated that we need to approve
this to continue receiving funds to clean up the area. Williams asked the number of units
proposed. Berkelhamer indicated 183 town homes 296 flats and 80 co-op units. Williams
stated the length ofpayback is too long, but agreed new homes will aR'act people. He
indicated there would be demands to our city that we would have to address.
Deb Johnson stated that any redevelopment is better than we have now.
Nawrocki stated that the City has not done a thing about having the property owners
clean up the trash, junk cars, and weeds in this area, which doesn't help to bring in
interested businesses.
JoA~m Student, 1645 49th Avenue, stated displeasure that the public meeting was delayed
until after the EDA meeting. She indicated that a negative attitude toward this project was
not acceptable and offered her support for the redevelopment. The credit for this
development should go to City Staff and the Developer. She felt the Developer should be
given an apology by the City Council and should be recognized for their professionalism.
Student referred to chastising developers regarding rental property, but we can not stop
them from including rental. Wyckoff indicated that four Councilmembers supported the
project.
Mickey Rooney, a local realtor, indicated this project is a real positive. He felt that
elderly people want townhomes in Columbia Heights So they can stay in this area.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2004-58,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to approve Resolution 2004-58, being a
resolution pertaining to a Comprehensive Plan amendment for certain properties located
th th
at 317 37 Avenue NE; 450, 515, and 517 38th Avenue NE; 510, 550, 600 and 620 39
Avenue NE; and 3700, 3800, 3801 and 3901 5th Street NE. Upon vote: Kelzenberg, aye;
Williams, aye; EricsOn, aye; NaWrocki, nay; Wyckoff, aye., 4 ayes - 1 nay. Motion
carried.
RESOLUTION 2004-58
A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR CERTAIN
PROPERTIES LOCATED AT 317 37TH AVENUE NE; 450, 515, AND 517 38TH AVEN-U-E NE; 510,
WHEREAS, the City of Columbia Heights adopted the Industrial Area Redevelopment Plan to set a
framework for redevelopment options for the greater Industrial Park area with the objectives of providing a
catalyst for change in the area; and
WHEREAS, the City of Columbia Heights recognizes that the Industrial land use designation of subject
properties in the Comprehensive Plan does not allow the flexibility needed to accormnodate successful
redevelopment in accordance with the Industrial Area Redevelopment Plan; and
WHEREAS, the Industrial Park Redevelopment Plan is consistent with the description of the Transit
Oriented Mixed Use-District; and
WHEREAS, the Metropolitan Council's residential density guidelines for "Developed" communities is 5
units plus per acre, with higher densities in locations with convenient access to transportation con'idors and
the overall residential development proposed for the Industrial Park is approximately 20 units per acre; and
WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council
such as reinvestment/redevelopment, providing a mix of uses, planning pedestrian and bicycle connections
between workplaces, residences, retail and services, using mixed use development and transit oriented
development zoning, increasing density 31nnrr University Avenue NE to support transit services, providing
P. 12
City Council Minutes
September 27, 2004
Page 9 of 21
a mix of residential types and densities to provide the opportunity for lifecycle and affordable housing, and
reclaiming contaminated lands for redevelopment; and,
WHEREAS the City's approval of the Comprehensive Plan amendment for the Industrial Park area is
contingent on Metropolitan Council review and the amendment will be sent to the Metropolitan Council
accordingly; and
BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to
review the Comprehensive Plan Amendment and recommends approval of the proposed amendment
changing the land use designation for the subject properties from Industrial to Transit Oriented
Development.
c)
First Reading of Ordinance No. 1475, Case #2004-0702, Industrial Park Rezoning
Berkelhamer stated the Comprehensive Plan sets City policy, and the zoning ordinance
enforces that plan. She showed a map of the area of the proposed rezoning and described
the boundaries. This rezoning will create non-conforming use of the cun'ent industrial
area. The existing users can continue to operate, but could not expand. State law indicates
that if a business is destroyed it can be replaced if the building permit is obtained within
90 days. This rezoning required a hearing by the Planning and Zoning Commission,
which was approved unanimously.
Motion by Ericson, second by Kelzenberg, to waive the reading of Ordinance 1475, there
being ample copies aVailable to the public. Upon vote: All ayes. Motion carried.
Motion by Ericson, second by Kelzenberg, to establish a second reading of Ordinance
1475, being an Ordinance pertaining to Zoning and Development Ordinance No. 1428,
pertaining to the rezoning of certain properties located at 317 37th Avenue NE; 450, 515,
and 517 38th Avenue NE; 510, 550, 600 and 620 39th Avenue NE; and 3700, 3800, 3801
and 3901 5th Street NE for October 11, 2004 at approximately 7:00 p.m. in the City
Council Chambers.
Nawrocki questioned if 3700 5th Street was occupied by the envelope business.
Berkelhamer indicated that the envelope business property is not part of this zoning
change. Officer Paul Bonesteel indicated the envelope business address is 455 37th
Avenue. Ruff stated that according to the property tax records 3700 5th Street is owned by
the Grief Brothers.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocld, nay; Wyckoff, aye.
4 ayes - 1 nay. Motion carried.
d)
Resolution 2004-53, Record of Decision for a Negative Declaration of the Need for an
~'--~.; ....... +~1 T~--~,~+ C~+.+ .... + £1~T~'~ 4~ +'1-.~ T~,-1~+~-~1 B,~.I~ D~,--1o~,~1 ..... +
Berkelhamer stated this Resolution approves findings that the preparation of an EIS is not
necessary for the Industrial Park redevelopment, thereby allowing a negative declaration
of the need for an EIS and approving the Record of Decision. The Envirmmaental
Assessment Worksheet (EAW) describes the potential enviroranental in, pacts to traffic,
storm sewer, schools, noise, and odors. On August 9th the City Council approved passing
this on for review and comment by the required 30 agencies. Four comments were
received, none of wlfich indicated the need for an EIS on the proposed project.
Wyckoff described the questions raised by the agencies. Berkelhamer stated that some
questions only needed clarification. They were indicative that additional study was not
needed.
P. 13
City Council Minutes
September 27, 2004
Page 10 of 2t
MOTION by second, second by Nawrocki, to waive the reading of Resolution 2004-53,
there being m~ple copies available to the public. Upon vote: All ayes. Motion carried.
MOTION by Ericson, second by Nawrocki, to adopt Resolution 2004-53, being a
resolution approving a negative declaration of the need for an Environmental Impact
Statement and approving the Record of Decision. Upon vote: Kelzenberg, aye; Willian~s,
aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. All ayes. Motion carried.
RESOLUTION NO. 2004-53
CITY OF COLUMBIA HEIGHTS, MINNESOTA
A RESOLUTION ADOPTING THE RECORD OF DECISION REGARDING THE
NEGATIVE DECLARATION OF THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT
FOR THE INDUSTRIAL PARK REDEVELOPMENT
WHEREAS, Minnesota Rules Chapter 4410 contains the requirements for the Minnesota Environmental
Quality Board ("EQB") Environmental Review Program; and
WHEREAS, the scope of the Industrial Park Redevelopment required a mandatory Enviromnental
Assessment Worksheet ("EAW") pursuant to Minnesota Rules Chapter 4410.4300 subp. 14; and
WHEREAS, on August 9, 2004, the City of Columbia Heights, as the Responsible Govermnental Unit
("RGU") for preparation of the Industrial Park Redevelopment EAW approved the EAW for distribution to
the Environmental Quality Board ("EQB") distribution list and interested parties; and
WHEREAS, the EAW was published in the AUgust 16, 2004, edition of the EQB Monitor, which started
the required 30-day public comment period that commenced on August 16 2004 and ended on September
15, 2004; and
WHEREAS, the RGU received four comment letters that are provided in Appendix B to the Record of
Decision and the comments received do not support a need for an EIS on the proposed project; and
WHEREAS, responses were prepared for comment letters received and these responses to comments are
provided in Appendix C to the Record of Decision; and
WHEREAS, pursuant to Minnesota Rules, Section 4410.1700, the RGU shall base its decision regarding
the need for an EIS on the information gathered during the EAW process, the cmnments received on the
EAW, and the criteria established by the EQB to determine whether a project has the potential for
significant environmental effects as provided in Appendix D to the Record of Decision; and
WHEREAS, the RGU has prepared a Record of Decision (Attachment 1) that has been considered and
reviewed by the City Council documenting the findings of fact and decision regarding the negative
declaration of the need for an Environmental Impact Statement ("EIS") for the Industrial Park
Redevelopment.
BE IT FURTHER RESOLVED that the City Council of the City of City of Columbia Heights hereby
approves the negative declaration of the need for au~ EIS and approves the Record of Decision.
e)
Adopt Resolution 2004-55, Adopting a Modification to the Downtown Central Business
District (CBD) Revitalization Plan for the CBD Redevelopment Proiect and Establishing
the Huset Park Area TIF District and TIF Plan - tabled.
f) Adopt Resolution 2004-54. approving the elimination of parcels from the TIF 4 Multi
Use Redevelopment Proiect (MURP) K2 TIF District - tabled
g)
AdOpt Resolution 2004-56, Approving a Contract for Private Redevelopment with
Schafer Richardson
Brad Schafer co-owner of Schafer/Richardson stated they have been a Columbia Heights
industrial area property owner for six years. He described other redevelopment projects
they have completed in the metro area. Schafer refen'ed to the nmuber of calls received
from other builders expressing an interest in this redevelopment. He stated their gratitude
for the positive conumunity response and the hard work by staff on this project.
Steve Bubul, Kennedy and Graven, indicated this contract for private development would
set the framework for the five year project. He listed the types of housing anticipated.
Land acqUisition is a key issue. Sq. 14'r Richardson now owns three parcels and will
City Council Minutes
September 27, 2004
Page 11 of 21
continue to obtain agreements for four more sites, at their cost, including relocation fees.
Bubul stated that contamination cleanup will include almost every parcel, with first phase
clean up begim~ing upon approval of this contract. Costs for clean up will be shared with
the developer, if grants are not received. The City would be involved in the parkway and
storm water work, paid through State Aid. The Developer would be responsible for
internal streets and roads, and hookups. Tax increment assistance, which makes this
project possible, would be on a "pay as you go" basis. The developer pays for land,
relocation, and site improvements, with the EDA's promise to Pay back the estimated
$7.9 million, with interest, over time. Once the project is built and TIF is flowing, the
EDA would turn these into tax exempt revenue bonds, which benefits the developer and
the EDA, but is not a risk to the city.
Wyckoff asked the consequences if the units do not sell. Bubul stated that is the
developer's risk; if the project slows down there would be less tax increment to pay the
developer.
Nawrocki stated tiffs dealing is with a linffted liability corporation, not the Schafer fn'm.
We. do not have any information on the corporation set up. Nawrocld questioned if we are
conuuitted to building a parkway. Bubul stated that we would be by approving this
agreement. Nawrocki felt that general city monies would be used and then would not be
available for other city projects like street repair. He indicated the disadvantage of "pay
as you go" is a higher interest rate on the bond, meaning a longer payoff. Bubul stated
that would be the reason to replace "pay as you go" with Tax Exempt Revenue Bonds, at
a lower interest rate. Nawrocki asked how many bedrooms each unit would have. Bubul
stated that detail would be determined during site development. Nawrocki questioned
parkh~g. Bubul stated that the majority of the development would not be completed until
five years after the project beginning.
Motion by Ericson, second by Kelzenberg, to end discussion.
Nawrocki objected.
Upon vote: Kelzenberg, aye; Williams, nay; Ericson, aye; Nawrocki, nay; Wyckoff, aye.
3 ayes - 2 nays. Motion carried.
Motion by Ericson, second by Kelzenberg, to waive the reading of Resolution 2004-56,
there being an an~ple amount of copies available to the public. U_pon vote: All ayes.
Motion carried.
Motion by Ericson, second by Kelzenberg, to adopt Resolution 2004-56, a Resolution
Approving a Contract for PriTvate Redevelopment between the Columbia Heights
Economic Development Authority, the City of Columbia Heights and Schafer
Richardson, hxc. or a related entity.
Nawrocki refen'ed to item 2F of the agreement indicating 20 percent of the units must be
within metro guidelines, and asked if that would be the same for Phases II and III. Bubul
stated it would be reasonable to expect the same. Nawrocki referred to item 2G and asked
if Council would see these plans. Bubul stated they would be treated the same as any
building permit, and each phase would need approval. Nawrocki referred to SAC/WAC
charges.
P. 15
City Council Minutes
September 27, 2004
Page 12 o£21
Wyckoff called for the question.
Upon vote: Kelzenberg, aye; Willimr~s, aye; Ericson, aye; Nawrocld, nay; Wyckoff, aye.
4 ayes -1 nay. Motion carried.
Williams stated he would have liked more questions answered before voting. Nawrocki
stated that he would not support the motion, as we do not kmow what the cost to the City
will be, tax increment may be for 26 years, and the cost to provide City services to the
area. Fehst thanked the citizens present for their support, and questions, and thanked
Schafer Richardson for their professionalism.
RESOLUTION NO. 2004-56
RESOLUTION APPROVING A CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN
THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF
COLUMBIA HEIGHTS AND SCHAFER RICHARDSON, INC OR A RELATED ENTITY
BE IT RESOLVED By the City Council ("Council") of the City of Columbia Heights, Minnesota ("City") as
follows:
Section 1. Recitals.
1.01. The Colmnbia Heights Economic Development Authority ("Authority") has determined a need to
exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to
469.108 ("EDA Act"), and is currently administering the Downtown CBD Redevelopment Project ("Redevelopment
Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act").
1.02. The Authority, the City and Schafer Richardson, Inc. or a related entity (the "Redeveloper") have
proposed to enter into a into a Contract for Private Redevelopment (the "Contract"), setting forth the terms and
conditions of redevelopment of certain property within the Redevelopment Project, generally located east of
University Avenue and south and west of Huset Park.
1.03. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's
obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings.
2.01. The Contract as presented to the Council is hereby in all respects approved, subject to modifications
that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided
that execution of the documents by such officials shall be conclusive evidence of approval.
2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the
Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the
City its obligations thereunder.
Mayor Wyckoff called a five minute recess.
PLANNING
a) Adopt Resolution 2004-51, being a Lot Split, Case #2004-0901, 1813 40th Avenue
NE/4041 Haves Street NE
Berkelhmr~er indicated this request is by Gladys Wychor to reconfigure the property line
sepm'ating her property and 4041 Hayes Street, wlffch would add more property to the
adjacent owner. Any new construction on tiffs property'would have to be within the
zoning ordinance guidelines. The Planning and Zoning Commission voted unanhnously
to approve the lot split. Mickey Rooney was present on behalf of the applicant.
Nawrocki asked if there was a guarantee tlfis would be attached to the lot on Hayes.
Berkelhan~er indicated the legal description of both properties would change. The parcel
cannot become an isolated lot because there is no street access and it does not meet the
requirements for a single lot. The addition of property could allow for a home expansion
or a garage, but not a single home. There can only be two accessory structures and cam~ot
exceed 1,000 square feet. The footprint can not exceed 30 percent of the lot.
P. 16
City Council Minutes
September 27, 2004
Page 13 of 21
Motion by Nawrocld, second by Williams, to waive the reading of Resolution 2004-51,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawa-ocki, second by Ericson, to adopt Resolution 2004-51, being a resolution
approving a lot split of the property at 1813 40th Avenue NE/4041 Hayes St. NE, subject
to the following conditions of approval that are deemed necessary to protect the public
interest and ensure compliance with the provisions of the Zoning Ordinance:
1. The applicant shall provide required utility and drainage easements for all
newly created lots and be responsible for the cost of filing and recording
written easements with the Anoka County Recorder's Office.
2. Upon approval of a minor subdivision, the applicant shall be responsible for
filing the subdivision survey with the Anoka County Recorder's Office. The
minor subdivision shall become invalid if not filed with the Anoka County
Recorder within one (1) year of the date of the City Council action.
Nawrocki questioned the wording for utility easements. Berkelhamer stated this is
standard wording. Hoeft stated there is a standard utility and drainage easement required
for any new lot.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye.
All ayes. Motion carried.
RESOLUTION NO. 2004-51
SUBDIVISION REQUEST
I, Gladys Wychor, hereby request a split of
PIN 36-30-24-42-0112 Legally described as:
That part of Lot 4, Block 17, Auditor's Subdivision ofWalton's 2nd Subdivision, Anoka County,
Mhmesota, lying southerly of the north 180.00 feet thereof.
Together with:
The easterly 10.00 feet of Lot 6, Block 17, Auditor's Subdivision ofWalton's 2na Subdivision, Anoka
County, Minnesota, except the north 210.00 feet thereof.
Also together with:
The west 70.00 feet of Lot 7, Block 17, AUditor's Subdivision ofWalton's 2na Subdivision, Anoka
County, Minnesota.
PIN 36-30-24-42-0014 Legally described as:
The south 60.00 feet front and rear of the north 240.00 feet, front and rear of Lot 5, Block 17,
Auditor's Subdivision ofWalton's 2na Subdivision, Anoka County, Minnesota.
THE DESCRIPTIONS HENCEFORTH TO BE:
PIN 36-30-24-42-0112 Legally described as:
That part of Lot 4, Block 17, Auditor's Subdivision ofWalton's 2nd Subdivision, Anoka County,
Minnesota, lying southerly of the north 240.00 feet, as measured along the east and west lines
thereof.
Together with:
The easterly 10.00 feet of Lot 6, Block 17, Auditor's Subdivision ofWalton's 2na Subdivision, Anoka
County, Mhmesota, except the north 210.00 feet thereof.
Also together with:
The west 70.00 feet of Lot 7, Block 17, Auditor's Subdivision ofWalton's 2na Subdivision, Anoka
County, Minnesota.
PIN 36-30-24-42-0014 Legally described as:
The south 60.00 feet of the north 240.00 feet, as measured along the east and west lines of Lot 4 and 5,
Block 17, Auditor's Subdivision ofWalton's 2na Subdivision, Anoka County, Minnesota.
Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of
this day, against the above described property, are paid.
Any pending or future assessments will be levied according to the new split as approved this dayD
Any lot split given approval shall become invalid if the resolution, motion or other Council action
approving the said lot split is not filed with the County Recorder within one (1) year of the date of the
Council action. P. 1 7
City Council Minutes
September 27, 2004
Page 14 o£21
b)
Resolution 2004-52, being a Lot Split Case #2004-0902, 1226 43rd Avenue NE
Berkelhamer indicated this application is from Laurie Karnes, KEL Holding Company,
requesting the split of one lot into three lots. The two additional lots would be created for
a zero lot line twin home. Berkelhamer indicated that the lot split meets all requirements.
Homes on this block are set back fm*ther than the zoning ordinance requirement, so any
new construction would have to be set back the average of other homes on the block. The
Planning and Zoning Commission (P&Z) voted 4 ayes and 1 nay to rec0nunend approval
subject to conditions, and with park dedication fees of $2,195 per lot required.
Berkelhamer indicated that if there were bad soils on the property it would be the
responsibility of the owner to correct them at the time of building permit application. She
stated that Laurie Kames was present to answer questions.
Wyckoff referred to the question from the P&Z meeting regarding lack of green space.
Berkelhamer stated that for lots of 6,500 sq. ft. or greater, you may cover 30 percent of
the property with buildings. These lots, with single family homes, meets those
requirements. The twin home is considered as a whole building. Based on the conceptual
plan, they propose to maximize what is allowed.
Ericson queStioned if payment of the park dedication fee is a risk that the applicant takes
if the property is not buildable, Berkelhamer stated that park dedication fees have to be
paid at the time of the building perm/t application.
Willimus indicated that a twin home would not fit into this neighborhood, and even
though it meets our code, it is wrong. Discussion included preference for a single family
home, having the soil tested prior to lot split approval, and tabling the request. Laurie
Kames indicated that soil problems would be her responsibility to correct.
Nawrocki asked the City Plam~er if the minimmu set back applies to commercial
structures. Berkelhamer stated it o~xly-applies to residential. Nawrocki did not agree with
approving a lot split where the soil condition is questionable, and chancing that the
building become abandoned. Berkelhanxer stated this request meets the requirements for
lot splits. Soils can be corrected, at some expense, but it is not an issue that affects the lot
split.
Ericson agreed there are probably serious soil conditions and staff can be directed to be
diligent with the building application. She stated that if Council does not like the
townhome policy, it needs to be addressed, but can not affect the lot split. Wyckoff
questioned the history of the lot. Berkelhamer stated these were originally two separate
lots that were combined, as one was a tax forfeit parcel. Hoeft stated that any lot has
value, and if not buildable it would be valuable to deed to the adjoining properties.
Wyckoff questioned if the pem~it for a twin home could be denied. Hoeft stated it would
'receive the regular scrutiny and would be dealt with in the building permit process.
Kames indicated that a duplex would also be allowed on the lot, but that would require
one unit to be rental, so she was opting for the twin home where both units would be
owner occupied.
David Behun, 1209 43rd Avenue, gave the history of properties in this area, with soil core
smnples going 60 feet without hit~i}."l"8buildable ground. The property was tax forfeit
City Council Minutes
September 27, 2004
Page 15 of 21
because it was not buildable. He disagreed with the lot split as this area only contains
single family homes and the land was deemed unbuildable in the past.
Wyckoff asked if Council could require soil borings. Hoeft stated that approval of the lot
split couldn't require soil borings
Ron Reichenberger, 1208 43rd Avenue, stated this area was an old roofing dump with a
swamp behind it. There are neighbors that do not want a twin home in the area, whether
the soil is suitable or not. He suggested only allowing a split into two lots.
Ann Reimer, 1214 43rd Avenue, stated she lives right next to this lot and objections to the
proposed large dwelling as it would take away too much green space. The soil here is
sinlcing, as is her garage. It would add a burden to an all ready busy road. Reimer
indicated that she has called the Pollution Control Agency to be sure there are safety
precaution when digging on these lots.
Wyckoff asked if the 60 day rule applies. Hoeft indicated there could be a 60 day
extension, but was not sure'what additional items Council would look at. Wyckoff asked
if our Public Works Department corfld do soil testing. Fehst stated nO. Hoeft stated it is
not our property. Ericson asked if we have any legal basis for denying this. Hoeft
indicated the request meets our criteria for a lot split and does not see any basis for
denial.
Motion by Williams to table the lot split request for 1226 43rd Avenue for 60 days.
Wyckoff asked the owner if she would be willing to table this until Oct. 11th. Kames
indicated that whatever the soil problems may be, they are her problem to deal with. With
today's teclmology, any property is buildable.
Ericson questioned timing upon approval. Hoeft stated the lot split must be filed with
Anoka County. Ericson felt the owa~er could withdraw the split, do the borings, then
come back for the lot split, and she wOuld not be hurt. Kames stated she was goh~g to sell
the lot to a builder and has one year to record the split. Ericson indicated she would
approve the lot split, but will be hard on staff to malce sure all conditions are met, and to
lookout for the good of the neighbors.
Fehst referred to hearing of a comment by staffthat there were no problems on this
proPerty, and indicated there was a note in the property file regarding bad soils, which
was indicated to the owner. Karnes stated she does not hold the city responsible for what
a staff person said.
Dave Ryan, 1215 43~a, indicated that the Fire Deparm~ent might have records of soil
borings for this property. He stated that when his home was built, the basement sank out
of site, so they built another basement on top of it. He had to put in pilings to build a
deck.
Bob Streetar, Community Development Director, stated that the soil boring comment in
the property files is from the property adjacent to this, showing soils were poor down to
70 feet. This information will be made available to Kames.
P. 19
City Council Minutes
September 27, 2004
Page 16 of 21
Nawrocld stated we should use the extension thr~e to create an emergency ordinance.
Hoeft stated it would not apply to the current application. Nawrocld stated that we should
recognize the pOtential problems through past experience and be sure it does not happen
again. Fehst stated that utility pipes in this area are on pilings. Berkelhmner indicated the
application was made August 5tn.
Williams restated his motion, Nawrocki seconded.
Ericson questioned if a lot split requires building plans. Streetar indicated it does not.
Ericson stated the owner could apply for a split even if she only wanted green space and
following approval could come back to request a building permit.
Ryan stated that the owner would sell the land to a developer and then be gone.
Deb Johnson asked if these problems would be explained to a future buyer. Hoeft stated
there is due diligence to the buyer.
Streetar suggested the neighbors offer to buy the lot and leave it as green space to satisfy
their concern for the look of the neighborhood.
Karnes stated that she is a licensed realtor, and a house built on pilings can be stronger
than a regular foundation. Also, the builder is liable for their work for ten years.
Ericson stated that Council is slu:inking from their responsibility to enforce the ordinance,
by pushing aside the ordinance and going against the law. There is no basis to deny the
lot split. The owner has not applied for a building permit. If she meets the conditions for
a lot split, she is entitled to have it.
Fehst stated that due diligence would require borings on the footprints upon a building
permit request. Hoeft stated that the ordinance could be changed to require soil
compaction testing, but doubted it would be required on a split of the lot.
Kames indicated soil borings would be completed on the footprint before building.
Streetar stated that the Planning and Zoning Cormuission could dffect the City Planner to
review allowing twin homes thi'oughout the City, when we get a full thue planner.
Kelzenberg stated he also has qualms and a twin home does not fit with this
neighborhood, however, we have to follow the letter of the law. They haVe met every
requirement for a lot split.
Wyckoff suggested reviewing the utilities that are on pilings. Hoeft stated there is no
relevance between the city utilities and the lot split. Kelzenberg asked the owner what she
has invested in the property. She stated almost $200,000.
Williams indicated the motion is not denying the lot split, just asking for a 60 day
extension.
Williams called for the question. Kelzenberg asked the City Attorney if we could legally
call for a 60 day extension. Hoeft referred to what the need for the extension was.
P. 20
City Council Minutes
September 27, 2004
Page 17 of 21
Berkelhamer stated the extension would be rmtil December 5th. Ericson asked if we could
requke the applicant to follow through with the lot split. Hoer indicated we could not.
Streetar questioned what Council would like staffto do. Nawrocki stated he would like to
see if we could change the ordinance. Streetar indicated that would apply to all properties
in the city. Fehst stated the P&Z is already looking at not allowing twin homes in an R2
district.
Ericson questioned if the extension would allow time to change the ordinance. Hoeft
stated it would depend if the change is in lot split requirements or the zoning ordinance.
The general answer is that you are not able to change requirements while a request is in
process.
Nawrocki requested staff find out when the property were tax delinquent.
Upon vote: Kelzenberg, aye; Willimns, aye; Ericson, nay; Nawrocld, aye; Wyckoff, aye.
4 ayes - 1 nay. Motion carried.
Wyckoff indicated the desire for the owner and staff to work together during the
upcoming 60 days. "
Bid Considerations
1. Adopt Resolution 2004 -61, being a resolution appropriating emd designating fund
balances from the Pat-king Ramp Fund 290 and the Sheffield Fund 410 to the Capital
Improvement Development Fund 420.
Wyckoff stated this is for purchase of the Burger King property for $800,000.
Streetar tiffs Resolution would loan funds to the Economic Development Authority (EDA) to
purchase the property. This is similar to the acquisition of the NEI property. It would transfer
$530,000 from the parking fund and $270,000 from the Sheffield fund to fund 420 to pay for
the land, building, and relocation. Burger King is willing to forgo the $300,000 relocation
fees they are eligible for. When the EDA buys the property there would be no cost for
demolition. Streetar indicated this was determined by City Council as a redevelopment
priority and the theater owner has expressed intereSt in expansion of the theater and a
possible dining area. Staff will meet with the owner.
Streetar indicated that the loan would be paid back with four percent interest within 15 years.
Nawrocld questioned the Sheffield funds. Streetar stated there would be $200,000 to 250,000
left to cover the debt. Nawrocki felt that we do not pay offthe debt to continue drawing as
much tax increment as we can, and stated it would be more prudent to pay off the debt.
Nawrocld questioned the value of the equipment being $200,000. The company doing the
salvage at the NEI site offered $500 for the same equipment. Streetar indicated that would be
the salvage value only. Streetar indicated that Burger King is willing to sell the prope~y and
contents at a $300,000 savings.
Williams stated his opposition, as he feels we are paying too much and sending the wrong
message to our residents by increasing taxes 20 percent and using our fund balances to
purchase property.
Ericson asked if we should take a wait and see approach if it sells or if not if they lower the
price. Streetar stated they could have lo~ed the building to a fly by night restaurant. We have
P. 21
City Council Minutes
September 27, 2004
Page 18 of 21
to follow the statutes and if we condemned the property we would pay AFF&E and
relocation.
Williams felt we should haVe a developer redo the entire area. Streetar stated Council could
solicit a developer and give their expectations, but the developer would ask our assistance for
conderm~ation and clearing of the property. Streetar indicated the City purchase of the
property would save two to three years time. Holding the property for a while may cause it to
appreciate.
Wyckoff asked if there have theh' been negotiations with Heights Rental. Streetar indicated
that staff has not talked with the owner, but the tenants could buy the property and sell to the
City, as they want to build belfind the White Castle building.
Ted Lm~dwehr, 5034 7th Street, expressed concern about the city being in the real estate
business, and felt private owners should determine how their properties are used. The city' s
role is to be sure the properties are maintained. Streetar stated that if the City chooses not to
purchase this property, the company could request a tax reduction from the County and they
would be successful.
Motion by Kelzenberg, second by Ericson, to waive the reading of Resolution 2004-61, there
being an ample amount of copies available to the public. All ayes Motion carded.
Motion by Kelzenberg, Second by Ericson, to adopt Resolution 2004-61, a Resolution
appropriating and designating fund balm~ces from the Parldng Ramp Fund 290 and the
Sheffield Ftmd 410 to the capital Improvement Development Fund 420. Upon vote:
Kelzenberg, aye; Williams, nay; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 3 ayes - 2nays.
Motion carried.
RESOLUTION 2004 - 61
BEING A RESOLUTION APPROPRIATING AND DESIGNATING FUND BALANCES FROM THE
PARKING RAMP FUND 290 AND THE SHEFFIELD FUND 410 TO THE CAPITAL IMPROVEMENT
DEVELOPMENT FUND 420.
WHEREAS, the City of Columbia Heights has accumulated fimd balances in the Parking Ramp Fund 290,
and the Sheffield Fund 410 for the propose of funding future redevelopment projects in the City and,
WHEREAS, these funds would be more appropriately accounted for in a separate fund designated for the
purpose in which these funds were accumulated and,
WHIEREAS, the City has established the area of 39th and Central Avenue, that includes the Burger King
property, a high redevelopment priority in Columbia Heights.
NOW, THEREFORE, BE IT RESOLVED that the following transfers be made and appropriated for the
acquisition of the Burger King property.
Transfer from the following funds:
290 Parking Ramp Fund
410 Sheffield Fund
Total Transfers out:
Transfers to the following funds:
420 Capital Improvement Development
$530,000
$27O,OOO
$8OO,OOO
$800,000
2. Adopt Resolution 2004-60, Inter-Fund Loan for acquisition of property at 3939 Central
Avenue (Burger King)
Streetar read the agreement wording and stated that the terms are the same as they were for
the NEI property.
Nawa'ocki questioned what would hapnen if the EDA would not pay the City Council back.
Streetar indicated that the majority oiP' 2 2EDA members are the City Council.
City Council Minutes
September 27, 2004
Page 19 of 21
Landwehr stated that the City can find $600,00 to purchase NEI and $800,000 to purchase
Burger King, but can not stop raising taxes.
Motion by Kelzenberg, second by Ericson, to waive the Reading of Resolution 2004-60,
there being an ample amount of copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Kelzenberg, second by Ericson, to adopt Resolution 2004-60, a Resolution
approving and specifying terms of inter-fund loan for acquisition of the Burger King
property.
Ericson stated that we could continue to be the second lowest taxed community, or do tlfings
to improve our community. Wyckoff stated that we are looking at long-term improvement
for our city and the potential for more tax dollars.
Nawrocki related Columbia Heights position in the tax statistics. Fehst referred to loss of
State Aid, and the level of service homeowners expect.
Fehst indicated this block was given one of the highest priorities for redevelopment.
Williams referred to financial pressures on our residents. Fehst stated that taxes on a
$170,000 home would increase $10 a month.
Wyckoff referred to the need for more police officers and things that should have been done
before the City was in this financial situation.
Landwehr indicated that the City could delay these choices.
Nawa-ocki referred to projects completed in the past. He indicated to keep in mind that
residents are also paying for street assessments. Financing of Parkview Villa was discussed.
Wyckoff referred to the aluminmu building on Central Avenue and the building with the fake
balcony that is falling down, and. stated that we need to invest in ourselves for the future.
Upon vote: Kelzenberg, aye;. Williams, nay; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 3
ayes - 2 nays. Motion carried.
RESOLUTION 2004-60
RESOLUTION APPROVING AND sPECIFYING TERMS OF INTER-FUND LOAN FOR PURCHASE OF
NATH (BURGER KING) PROPERTY RECITALS
A. The City of Columbia Heights. ("City") and its Economic Development Authority ("Authority") have
undertaken a program to promote the development and redevelopment of land which is underutilized within the
City, and in this connection the Aut!~ority administers the Redevelopment Project No. 1 ("Project") pursuant to
Minnesota statutes, Sections 469.001 to 469.047 and Sections 469.090 to 469.1081 (the "Act").
B. Pursuant to the Act, the Authority is authorized to acquire real property for development and
redevelopment by private enterprise or public use.
C. The Authority proposes to acquire the Burger King property located in the Project at 3939 Central
Avenue NE (the "Property").
D. The Authority and City may establish a tax increment f'mancing district ("TIF District") under
Minnesota Statues, Sections 469.174 to 469.176, the ("TIF Act) that includes the Property in order to facilitate
development of that property; or the Authority and City may develop the property for various public uses.
E. Under Section 469.178, Subdivision 7 of the TIF Act, the City is authorized to advance or loan money
from any fund from which such advances may be legally made in order to fmance expenditures that are eligible to
be paid with tax increments under the TIF Act.
F. The City has determined that it is irp"2 ~est interests of the City to loan funds to the EDA in order to
acouire the Provertv, which loan may be repaid q,&~ ~ax increments or other sources, all as further described in this
City Council Minutes
September 27, 2004
Page 20 of 21
resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows:
1. The City authorizes a loan to the Authority in the maximum amount of $800,000 (the "Loan"), to
be drawn from the Capital Improvement Development Fund 420 for such purposes. Such amount will be made
available to the Authority at or before the closing on acquisition of the Property by the Authority.
2. The outstanding principal balance of the Loan bears interest at the rate of 4.0 percent per annum.
Interest accrues from the date of disbursement from the identified funds in order to acquire the Property.
3. The Loan is payable from tax increments generated from a TiF District to be created (if any), from
any other tax increments legally available for such purposes, from proceeds of the sale of the Property (if any), and
from any other revenues available to the Authority. Principal and interest ("Payments") shall be made at the times
any revenue sources are available to make installment payments. The outstanding balance of principal and interest
is due on the later of 15 years after the date 0fthe first disbursement, or the date of last receipt of tax increment from
the TIF District (if created). Payments will be credited to the respective fund from which the Loan was drawn. · All
payments shall be applied first to accrued interest, and then to unpaid principal of the Loan.
4. The principal sum and all accrued interest payable under the Loan are pre-payable in whole or in
part at may time by the Authority without premium or penalty.
5. To the extent the Loan is paid with tax increment, the Loan is evidence of an interfund loan in
accordance with Minnesota Statutes, Section 469.178, subd. 7, and is a limited obligation payable solely from the
revenues pledged to the payment hereof under this resolution. This Loan and the interest hereon shall not be
deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including,
without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be
obligated to pay the principal of or interest on this Loan or other costs incident hereto except out of the pledged
revenues, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political
subdivision thereof is pledged to the payment of the principal of or interest on the Loan or other costs incident
hereto.
6. If the Property acquired with proceeds of the Loan is used for a purpose that is a prohibited expenditure
of tax increment under the TIF Act (including without limitation a building to be used prhnarily for conducting the
business of the City, a pUblic or private facility used for social or recreational purposes, or a public facility used for
conference purposes), then the Authority may not make any payments on the Loan from tax increments. If the
Property is used for any public facility, the City and Authority will mutually determine how and whether the Loan is
to be repaid.
7. The City may amend the terms of this Loan at any time by resolution of the City Council,
including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible
under law.
8. The City Council authorizes and directs staff to take all actions and execute any collateral documents
necessm3~ to carry out the intent of this resolution.
Other Business -none
ADMINISTRATIVE REPORTS
Report of the City Manager - notlfing to report
Report of the City Attorney - nothing to report
CITIZENS FORUM
Harold Hoium, 5th Street, referred to damage to his property and harassment of residents.
Landwehr asked to receive the information showing where the City of Columbia Heights taxes fall
in relation to other cities.
Joyce Meier asked that Citizen Forum be moved up on the agenda. Wyckoff stated that another
option would be to hold fl~e Citizens Forurn separately.
COUNCIL CORNER
Kelzenberg..- nottfing to report
Williams
P. 24
City Council Minutes
September 27, 2004
Page 21 of 21
Check on an unlicensed vehicle parked at 4232 Madison.
Comanents from residents are 2 to 1 to not increase taxes.
Pray for the health and peace of our City.
Wyckoff
Receiving more complaints than ever on housing issues. We need to continue with
abatement, a_n_d pursue a Truth Ln_ Housing cOde.
· Ed Carlson, local businessman, has retired. He serves on our Traffic Commission.
· Wednesday with the Mayor on October 6~ will feature a Meet the Candidates session
beginning at 6:30 p.m.
Ericson
Crestview Gala will be October 8th. Contact Janet at Crest View for details.
Town meeting for the school referendum Vote Yes Committee on October 14th at 7:00 p.m.
at the Family Center.
· High school football games are now broadcast on cable TV
Rising to New Heights will again sponsor "Make a Difference Day" on October 23rd. This is
the 13 year and encourages individual to do community projects. Participation forms are
available from Ted Landwehr andat City Hall. City employees will do a project and wish to
issue a challenge to others, such as the Sister Cities Comnfittee, or the Women of Today.
Nawrocki
All candidates may not be at the candidate's session. There needs to be an impartial
moderator. Wyckoff indicated this was to be an informal, social event.
· 104/106 Gould - a duplex owned by the Salvation Anny: there have been no permits issued,
but understand it is Transitional Housing. Fehst stated people are there on a day-to-day basis,
with an average stay of one year.
· Questioned who approved the reconunended motion and alternate motion for the tax levy at
the last meeting. This was not the consensus at the work session and asked how it relayed
into an additional five percent tax increase. Wyckoffreferred to a May memo from the
Finance Director. Fehst stated that staff's recommendation did not change.
· Questioned status of the garbage hauler contract. Fehst stated this would come forward
within the next month. Jean Kuelm, Special Projects Coordinator, has put together a
comparison of the two compmfies. We will save substantially more than initially
recommended.
ADJOURNMENT
Mayor Wyckoff adjourned the meeting at 12:41 a.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P. 25
MINUTES OF THE REGULAR MEETING
OCTOBER 5, 2004
7:00 PM
PLANNING AND ZONING COMMISSION
The meeting was called to order at ,7:00 pm by the Chair person Ga~
Roll Call: Commission Members present-Peterson, Schmitt, Baker, and Fiorendino.
Commission Members Absent-Szurek
Also present were Ellen Berkelhamer (City Planner), Shelley Hanson (Secretary), and Tami
Ericson (Council Liaison).
Motion by Baker, seconded by Fiorendino, to approve the minutes from the meeting of
September 8, 2004. All aYes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2004-1001
LOT SPLIT
Steve Johnson and Anthony Palacino
'1600 41st AvenUe NE/4050 Tyler St NE
Introduction
Steve Johnson and Anthony Palacino, the owners of the property at 1600 4'1st Ave NE, have ~made
application for a lot split of 1600 41st Ave and 4050 Tyler St NE to create a total of three lots.' The lot at
4050 Tyler St NE is owned by Bennet W. Nelson, who has signed the lot split application.
Section 9.410 of the Columbia Heights Zoning Ordinance requires that an application for a lot split be
reviewed by the planning and Zoning Commission, which shall then provide a report to the City Council
either recommending approval or denial of the proposed lot split.
Planning Considerations
Consistency with Comprehensive Plan
The City Comprehensive Plan designates this area for Iow density residential development. The
proposed lot split will create newly configured lots that continue to be consistent with this designation.
Consistency with Zoning Ordinance
Both of the properties involved in the lot split are zoned R-1 Single Family Residential. The lots are
surrounded on all sides by property zoned R-1. The lot split meets all of the lot area, setback and lot
coverage requirements for the R-1 Zoning District. Section 9.903 of the Columbia Heights Zoning
Ordinance regulates lot area, setback, height and lot coverage requirements and Section 9.603
regulates accessory structures and lot coverages. Applicable requirements are as follows:
P. 26
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
OCTOBER 5, 2004
· Minimum lot size shall be 8,40Osq. ft. for a single family home. Currently, the lot at 1600 41st
Ave contains 18,941 sq. ft. and the lot at 4050 Tyler St NE contains 18,946 sq. ft. After the
proposed lot split, 1600 41st Ave NE would contain 8,699 sq. ft. and 4050 Tyler St St. NE would
contain 14,902 sq. ft. and the new, third lot would contain 8;452 sq.
° Minimum lot width shall be 70 feet. After the lot split, each of the lots shall exceed this
requirement.
· Yard setbacks shall be as follows: Front yard - 25 ft; side yard - 7 ft.; rear yard - 20% of lot
depth; detached accessory structures - 3 ft. from side and rear property lines. All of the
setbacks of existing structures on both properties will continue to meet these requirements. Any
new structures that may be built subsequent to the lot split must also meet these requirements.
· Lots greater than 6,500 sq. ft. in area may have a lot coverage of up to 30 percent: After the
proposed lot split, 1600 41st Av. NE will have a lot coverage of 15.4 percent and 4050 Tyler St.
NE would have a lot coverage of 7.9 percent. Any new structures that may be built sUbsequent
to the lot split must also meet the lot coverage requirement.
Findings of Fact
1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision
will create a total of three lots.
2. The proposed subdivision of land does not involve the vacation of existing easements. The
proposed subdivision does not involve vacating existing easements.
3. All lots to be created by the proposed subdivision conform to lot area and width requirements
established for the zoning district in which the property is located. As detailed above, the lots
conform to the minimum requirements of the R-1 Zoning District..
4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of
gaining access to the property. The proposed subdivision does not require any dedication of public
right-of-way.
5. The property has not previously been divided through the minor subdivision provisions of this
Ordinance. City records do not show that there have been any previous minor subdivisions of the
property._
6. The proposed subdivision does not hinder the conveyance of land. The proposed
subdivision will not prohibit the conveyance of land.
7. The proposed subdivision does not hinder the making of assessments or the keeping of records
related to assessments. As long a's the applicant records the lot split with Anoka County in
8. The proposed subdivision meets all of the design standards specified in the Section 14 (Subdivision
Regulations). The proposed subdivision meets the requirements of the Subdivision Regulations.
Staff finds that the proposed lot split is consistent with the City Comprehensive Plan and meets the
minimum requirements of the Columbia Heights Zoning Ordinance and recommends that the Planning
Commission recommend that the City Council approve the lot split, subject to four conditions.
P. 27
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
OCTOBER 5, 2004
Fiorendino asked what the width was parallel to the back of the houses. Planner Berkelhamer stated
the new lot would measure 73 feet, the property at 1600 41st Ave would measure 76 feet and the
property at 4050 Tyler would measure 72 feet.. She noted the narrow side of the lot is considered
the front for setbacks for the 1600 41st Ave property.
Baker asked about how the parkland, dedication fee is arrived at. Berkelhamer explained that anytime a
new lot is created, an owner must dedicate 10% of the land or 10% of the assessed value for park.
Peterson opened up the Public Hearing.
Howard Wigand 4044 Tyler St had several questions and comments. He questioned if the property will
remain zoned R-1. Berkelhamer explained that is the current zoning for the area and that a Public
Hearing would be required to re-zone it or to change the land use of the property. He questioned
who would be developing the newly created lot. The applicants stated that a builder had not been
selected yet. But the only thing that cOuld be built on the site is a single family home meeting all
the requirements.
He also was concerned about drainage issues if the property is developed due to elevation issues and
how it might affect his property. Berkelhamer stated this issue would be addressed as part of the
plan review process, as well as, setbacks, lot coverage, and parking.
Fiorendino asked the applicant, Steve Johnson, about the drainage issue. Johnson stated that water
runoff should run to 41st Ave and toward Tyler Street, and should not affect Mr. Wigand's property.
Johnson also said by re-configuring the lot splits, they were able to make all the current structures
conforming to the 7 foot side yard setback requirement.
Jonell Baker, 1508 41st Ave asked whether the two existing homes would remain. Johnson responded
that they are presently fixing up the house at 1600 41st Ave with hopes of selling it. And the owner
of 4050 Tyler St. has been a long time resident at that proper~y and would probably continue to
live there.
Motion by Schmitt, seconded by Baker, to recommend that the City Council approve the lot split,
subject to the. following conditions of approval that are deemed necessary to protect the public interest
and ensure compliance with the provisions of the Zoning Ordinance:
1. The applicant shall provide required utility and drainage easements for all newly created lots
and be responsible for the cost of filing and recording written easements with the Anoka County
Recorder's Office.
2. The applicant shall pay a parkland dedication fee in the amount of $3,667 for the one newly
created lot. This fee is payable at the time of building permit.
3. The property owner of 1600 41st Ave NE shall be responsible for relocating the water line that
currently runs from the rear of the house to the alley. The line shall be rerouted out to 41st
Avenue. The property owner shall be responsible for the cost of this relocation. All applicable
City requirements regarding street eXcavation shall be met.
4. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision
survey with the Anoka County Recorder's Office. The minor subdivision shall become invalid if
not filed with the Anoka County Recorder within one (1) year of the date of the City Council
action.
All ayes. MOTIONPASSED.
This will go before the City Council at the meeting of October 25, 2004.
P. 28
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
OCTOBER 5, 2004
RESOLUTION NO. 2004-
SUBDIVISION REQUEST
CITY 'OF COLUMBIA HEIGHTS
590 - 40TH AVENUE N.E.
COLUMBIA HEIGHTS, MN 55421
I, Stephen Johnson and I, Anthony Palacino, hereby request a split of
PIN 36-30-24-31-0006 Legally described as:
Lot 1, Block 21, Auditor's Subdivision of Walton's Second Subdivision, Anoka County,
PIN 36-30-24-31-0007 Legally described as:
Lot 2, Block 21, Auditor's Subdivision of Walton's Second Subdivision, Anoka County, MN
THE DESCRIPTIONS HENCEFORTH TO BE:
Northeasterly Parcel:
The East 87 feet of Lot 1, Block 21, Auditor's Subdivision of Walton's Second Subdivision, Anoka County,
Minnesota ·
Northwesterly Parcel:
That part of Lot 1, Block 21, Auditor's Subdivision of Walton's Second Subdivision, Anoka County, MN which
lies west of the east 87 feet thereof and that.part of the North 13 feet of Lot 2 in said Block 21, which lies west
of the east 87 feet thereof.
Southerly Parcel:
Lot 2, Block 21, Auditor's Subdivision of Walton's Second Subdivision, Anoka County, MN except that part of
the North 13 feet thereof which lies west of the east 87 feet thereof. '
Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this
day, against the above described property, are paid.
Any pending or future assessments will be levied according to the new split as approved this day.
Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the
said lot split is not filed with the County Recorder within one (I) year of the date of the Council action.
PLANNING & ZONING DEPARTMENT ACTION:
This ~ day of ., 2004
Offered by: Schmitt
Seconded by: Baker
Roll Call: All ayes.
Owner's Address
Telephone No.
Zoning Officer
SUBSCRIBED AND SWORN TO BEFORE ME
this ... day of ,2004
Notary Public
P. 29
PLANNING & ZONING COMMISSION MINUTES
PAGE 5
OCTOBER 5, 2004
CiTY COUNCIL ACTION:
This ~ day of ,2004.
Offered by:
Seconded by:
Roll Call:
Secretary to the Council
Julienne Wyckoff, Mayor
CASE NUMBER:
Appeal
Joseph Embury
640 40th Avenue
2004-1002
Introduction
Joseph Embury, the property owner of 640 40th Avenue NE, has made an application for an appeal of a
decision by the Fire Department and Zoning Administrator not to issue a rental license for the subject
property. Mr. Embury had submitted a letter explaining his request for an appeal.
Section 9.402 of the Columbia Heights Zoning Ordinance states that the City Council has designated
the Planning Commission as the Board of Appeals and Adjustments, responsible for making decisions
on all applications for an appeal of any administrative order, requirement, determination or final
decision made by the Zoning Administrator or other official in the administration of this Ordinance. The
Planning Commission must hold a public hearing on the appeal in accordance with the requirements of
Zoning Ordinance and after the close Qf the hearing, render its findings.
Planning' Considerations
The subject property is located in the R2 One and Two Family Residential District. This District allows
for single family and duplex units, if properties meet the minimum required lot, area, and bulk
requirements. The minimum lot area required for duplex use is 8,400 sq. ff. The subject property
contains only 6,250 sq. ft.
According to the Fire Department, this property was licensed for duplex use from the time the rental-
licensing program was originated in 1989 until 1998, when the property status changed to owner-
occupied. Mr. Embury purchased the home in Dec. 1997 and when he was sent the license renewal
forms in 1998, he chose not to renew the license as he had family members (grown children and
visitors) who occupied the entire residence. He has never combined the water meters, water heaters,
furnaces Asst. Chief Gsrman stated that the property was built as a duplex and has had no problems.
The only issue .is the lot size makes it a non-conformin(~ use.
P. 30
PLANNING & ZONING COMMISSION MINUTES
PAGE 6
OCTOBER 5, 2004
Knowing that Mr. Embury did not possess a rental license for the property, when he noticed it was for
sale as a duplex, he stopped and spoke With Mr. Embury to notify him of the situation and the need to
bring this before the Commission to see if in fact it could be sold as a duplex.
Because of the technical requirements of the Zoning Ordinance, City Staff is unable to approve the
request for the rental license.
Recommendation
That the'Planning Commission deny the request for an appeal of the decision not to issue a rental
license based on the requirements of the Zoning Ordinance.
Fiorendino asked why the Fire Dept would deny a license based on square footage of the lot. Gorman
responded that it is a requirement of the Zoning Ordinance. Berkelhamer explained that the lot size
requirements are meant to control density.
Ericson asked if a person could access both units from the inside or was it strictly separate outside
access. Mr. Embury stated the apartment could be accessed from the inside and also had a walk
out entrance out the back of the home. Ericson then reminded the Commission members of their
decision last month and the need to be consistent with enforcing the Ordinance.
There were several people from [he neighborhood that had no problem with re-instating the rental
license for this property. Those included Mr. Pat Grady from 636 40th Avenue and Viola Kordiak of
4017 Jefferson St NE. They also have duplex units that have not had rental licenses for some
time, and may or may not be able to get one in the future, depending on their lot size.. And all of
these owners have been paying utilities (water, sewer, and garbage) based on a double
occupancy for years, even though they can't legally use it or sell it as such. They also stated they
are paying taxes on a value based on it being a duplex. They feel this policy of double billing
needs to be changed if they are going to enforce the squfire footage requirement which makes
these properties non-conforming. Many of the Commission members agreed, this policy should be
reviewed.
Leo Senart of 620 40th Avenue stated he thought there was already enough rental in the area, and that
renters don't care as much about the property they live in as owners tend to.
Fiorendino and Baker felt the Commission needs to make their decision based on the requirements of
the Ordinance.
Peterson felt the Ordinance needs to be reviewed and changed to accommodate some of these
situations. He felt this appeal should be granted and that these cases need to be decided on a
case to case basis.
Schmitt questioned whether the applicants from last month could re-appeal to the Commission if the
Commission granted this appeal. She was concerned with inconsistency of enforcement.
There was a discussion regarding the plans for the Industrial site, and the higher density this property
has been re-zoned, to. Berkelhamer explained that each zoning district has different lot size
requirements.
P. 31
PLANNING & ZONING COMMISSION MINUTES
PAGE 7
OCTOBER 5, 2004
Steve Iserman of 662 40th Ave believes the City Council should change the double billing policy if the
property is not being used as a duplex.
Fiorendino stated the commission should support staff and the Ordinance in place. The Ordinance was
created in good faith to make positive changes in our community. Instead of making exceptions to
the Ordinance, if the Commission feels strongly about it, they should suggest a change to the
Ordinance itself. However this would take at least 3-6 months to accomplish. He suggested
making a change to the Ordinance to give some flexibility to staff. Berkelhamer explained that the
Ordinance must be direct and firm, so staff is consistent. Only the Commission can address'the
nuances of. each case. Staff cannot be discretionary in the interpretation or enforcement of
requirements.
Baker disagreed with Peterson. This house could be used as a single family home as it'does have
interior access, unlike the one last month that was denied.. He doesn't feel it is necessary to
change the Ordinance, that there Will always be special situations which arise, no matter what the
wording.
Motion by Baker, seconded by Fiorendino to deny the request to appeal the decision not to issue a
rental license for the property at 640 40th Ave NE and to direct City Staff not to issue the rental
license for duplex use. Fiorendino, Baker-aye Schmitt, Peterson-nay. MOTION FAILS.
There was more discussion. It was brought up that if they would have kept their license for $22/year,
this would not be an issue. However, the question was raised if owners are even made aware of
the fact that if they let the license lapse for any reason more than six months, that they may not be
able to re-instate it.
Motion by Peterson, seconded by Schmitt to approve the request to appeal the decision not to issue a
rental license for the property at 640 40th Avenue NE and to direct City Staff to issue the rental
license for duplex use. Fiorendino, Baker,. Schmitt-nay Peterson-aye. MOTION FAILS
It was the general consensus of the members to hold a work session on this issue in the next couple of
weeks to address possible changes to the Ordinance or the City's utility billing policy. Ericson
stated the City Council already asked the P & Z Commission to look at effective ways of limiting
the number of rental units in the Citv. so thev would like th~m fn
either of these issues.
NEW BUSINESS
Planner Berkelhamer introduced the
employment with the City last week.
City's new Planner, Pat Smith, who began
his part time
P. 32
PLANNING & ZONING COMMISSION MINUTES
PAGE 8
OCTOBER 5, 2004
MISCELLANEOUS
Peterson invited residents to the 4th Annual Holiday Party being held at Murzyn Hall on November 26th.
The cost is $20/pp and will include dinner, entertainment, and a silent auction.
MOtion by Fiorendino, seconded by Schmitt, to adjourn the meeting at 9:10 pm. All ayes.
MO TION PA SSED.
Respectfully submitted,
Shelley Hanson
Secretary
P. 33
CITY COUNCIL LETTER
MEETING OF:- OCTOBER 11, 2004
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: _~/~ ~ FINANCE APPROVAL
ITEM: RESOLUTION CERTIFYING BY: WILLI~/Iyl ELR1TE BY,,,: ~ ~,~..' 1.~;
DELINQUENT AND i./U/~-- , .i~(-
MISCELLANEOUS CHARGES DATE: OCTOBER 7, 2004
NO:
The City Council is asked to adopt annually a resolution to certify delinquent utility and
miscellaneous charges to the County Property Tax Administrator for collection. This resolution
consists of utility and miscellaneous charges totaling $9,080.52.
Staff recommends the City Council adopt the following motions.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2004-64 there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2004-64 being a resolution to certify
delinquent utility and miscellaneous charges to Anoka County for collection with the property
taxes payable in 2005.
WE:sms
o410012COUNCIL
Attachments
COUNCIL ACTION:
P. 34
CITY OF COLUMBIA HEIGHTS
SPECIAL ASSESSMENTS
Miscellaneous Delinquent Utility
Miscellaneous Delinquent Bills
TOTAL DELINQUENT 2004
$ 4,605.61
$ 4,474.91
$ 9,080.52
P. 35
RESOLUTION NO. 2004-64
CERTIFICATION OF DELINQUENT UTILITY AND MISCELLANEOUS CHARGES
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that
THE COUNTY AUDITOR be, and is hereby directed, to levy delinquent utility and miscellaneous delinquent
bills on the properties in the City of Columbia Heights as listed on page two of this resolution and filed in the
Assessment Book for 2004 totaling $ 9,080.52.
BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax
statements for the current year and identified thereon as "Special Assessments."
SAD CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of
State and County. taxes under and in accordance with the provisions of the general laws of the State. All
delinquent utility and miscellaneous bills with penalties as indicated thereon paid to the County Treasurer shall
belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided
by the City Charter and Ordinances.
THE CITY OF COLUMBIA HEIGHTS shall accept payments on these utility and miscellaneous bills until
November 15, 2004. Upon receipt of said payments, the City will remove them from the certification hst sent
to Anoka County.
Passed this 1 lth day of October, 2004
Offered by:
Seconded by:
Roll Call:
Mayor Julienne Wyckoff
Patricia Muscovitz, Deputy City Clerk
P. 36
CERTIFICATION OF DELINQUENT AND MISCELLANEOUS CHARGES
Total
PIN Number Resident/Company Address of Property Certified
25-30-24-24-0071 Jeffory Churchfield 1490 Lincoln Terrace 373.54 Utility Bill
25-30-24-33-0115 Donald Woods 1133 45th Ave NE 183.71 Weed Cutting
26-30-24-24-0125 Randy Cornelius 4926 5th St NE 187.88 Utility Bill
26-30-24-34-0018 Joseph & Julie Kunza 4612 6th St NE 345.00 Shade Tree Billing
26-30-24-34-0018 Joseph & Julie Kunza 4612 6th St NE 700.20 Shade Tree Billing
35-30-24-21-0085 Kimberly Dare 4420 4th St NE 505.69 Shade Tree Billing
35-30-24-21-0168 Barbara Cunningham 4333 5th St NE 233.40'Shade Tree Billing
35-30-24-22-0149 Clifford Rude 14411 3rd St NE 466.92 Shade Tree Billing
35-30-24-23-0032 Jacob Van Meekren 4109 Main St NE 134.64 Utility Bill
35-30-24-31-0006 Kurt Edson 4006 4th St NE 455.04 Utility Bill
35-30-24.31-0028 Edward Doran 4039 4th St NE 808.48 Shade Tree Billing
35-30-24-31-0170 Clifton & Robin Knuttila 4051 5th St NE 137.22 Utility Bill
35-30-24-33-0073 Robert Crepps 3841 2 1/2 St NE 641.85 Shade Tree Billing
35-30-27-32-0013 Sandra Lindman 4012 2nd St NE 452.65 Shade Tree Billing
36-30-24-14-0022 David Caroon 4152 Cleveland St NE 268.12 'Utility Bill
36-30-24-14-0053 Chris P Hanson 4151 Stinson Blvd 162.33 Utility Bill
36-30-24-21-0142 Robert W Schaffhausen 1337 43rd Ave NE 645.96 Utility Bill
36-30-24-22-0105 Shah Khan 981 43 1/2 Ave NE 431.54 Utility Bill
36-30-24-22-0116 Troika Residential LLC 950 43 1/2 Ave NE 137.01 Shade Tree Billing
36-30-24-31-0035 Steve Eli 1272 Circle Terrace BIvd 95.94 Utility Bill
36-30-24-31-0035 Steve Eli 1274 Circle Terrace Blvd 88.29 Utility Bill
36-30-24-31-0044 M Salman Ali 1226 Circle Terrace Blvd 286.75 Utility Bill
36-30-24-33-0042 Steve Efterfield 1102 39th Ave NE 352.15 :Utility Bill
36-30-24-33-0113 Ericka G. Tollin 1019 37th Ave NE 136.00 Utility Bill
_'RIR_.qN_')/I_'RZI._NN/ICt C4.1~c.lx~e I-la~nn.. "~'l5 D; .... ~4- klE OCt~ q4 I 14-;I;4.,,,, l~;ll
ivv ,,... l~.,,,~,~y,., , ,,,..,,. y
P. 37
CITY COUNCIL LETTER
MEETING OF: OCTOBER 11, 2004
AGENDA SECTION: CONSENT ORIGiNATING DEPT: CITY MANAGER
NO: ,~-- ~ i4~ FINANCE APPROVAL
BY: " 2' .,
INC. FOR TOP VALU I DATE: OCTOBER 7, 2004
NO:
In 1999 the City entered into a new five-year lease with the owner of the property at 4340
Central Avenue NE at a square foot rate of $7.50. This lease rate ends December 31, 2004. The
lease has the option of an additional five-year extension at a rate of $8.25 per square foot. Larry
Scott, Liquor Operations Manager, and myself had two concerns with this lease option. The first
concern was the fact that the lease ends on December 31, lneaning that if we wanted to move the
liquor bush~ess from that location we would need to close up and move on December 31. As
December is one of the busiest lnonths in the liquor operation, this would be extremely poor
timing. Larry felt strongly that it would be better if the lease ended at the end of February, which
is our slowest season. Our second concern was that the five-year term might be a longer
commitment than we should make at the present time. Subsequently, Larry negotiated a
modified amendment to the lease. Under this amendment we would have a 38-month extension
with an additional 36-month option after that. He also negotiated a reduced rental rate for the
first 38 months. The proposed rental rate in the amendment to the contract is $7.85 per square
foot for the first 38 months with an option to extend the lease for an additional 36 months at
$8.64 per square foot. Over the 38-month telTn of the lease this amounts to approximately a
$14,000 savings. This also allows us the opportunity to explore other alternatives for the liquor
operation sooner than the original five-year extension term that had been approved previously by
the City Council.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a
contract amenchnent with Heritage Investment Trust, Inc. to extend our current lease at 4340
Central Avenue for an additional 38 months at a rental rate of $7.85 per square foot with the
option to extend the lease for an additional 36 months at a rental rate of $8.64 per square foot.
WE:sms
0410071 COUNCIL
COUNCIL ACTION:
P. 38
CITY COUNCIL LETTER
Meeting of October 11 2004
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. -~- A ~ POLICE APPROVAI~,,~/~.
ITEM: Adopt revised Police Dent. fee schedule BY:
. _Thomas M. Johnson [~k'X.. BY'
NO. for implementation January 1,2005 DATE: October 1, 2004~]~ DA~?~:
BACKGROUND
At different times during the past year, the City division heads were requested by City Council to
look at new sources of revenue and existing fees we charge. The Police Department has surveyed
the eleven other police agencies in the county to see what they charge fees for and how much they
chat-ge. After reviewing the fees charged by other police agencies in the county, we averaged the
fees out and compared them to our existing fees. Attached is a printout of 2004 fees charged by
the Police Department and a proposed 2005 list based on what we have obtained from the other
Anoka County agencies. Also attached is some background information of what we have collected
thus far in 2004 at~d our reasons for proposing changes and some additions in the fees we charge.
ANALYSIS/CONCLUSION
The Colmnbia Heights Police Department feels that in some cases the fees we charge do not
reflect the costs we incur while performing the service. Also, there are services we perform that
we have not charged a fee in the past and we feel we should charge a fee for the work performed.
Therefore, we are proposing a new fee schedule for 2005, which is attached to this letter.
RECOMMENDED MOTION:
Move to waive the reading of Resolution 2004-65, there being ample copies available for
the public.
RECOMMENDED MOTION:
Move to adopt Resolution 2004-65 being a Resolution establishing various fees charged
by the Columbia Heights Police Department starting on January 1, 2005.
TMJ:mld
04-123
Attaclnnents
COUNCIL ACTION:
P. 39
RESOLUTION NO. 2004-65
BEING A RESOLUTION ESTABLISHING A
POLICE DEPARTMENT FEE SCHEDULE
WHEREAS, the Columbia Heights Police Department has surveyed fees charged by
eleven other police agencies in the County; and,
WHEREAS, the fees cmTently charged do not reflect the costs we incur while performing
the service; and,
WHEREAS, the Columbia Heights Police Department chooses to establish or modify
fees to reflect the costs incurred; and,
WHEREAS, the attached fee schedule would be implemented on January 1, 2005;
NOW THEREFORE BE IT RESOLVED, that the attached proposed fee schedule be
adopted effective January 1, 2005.
Passed tlfis
day of October 2004
Offered by:
Second by:
Roll call:
Attest:
Mayor Julienne Wyckoff
'Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
5
P. 40
COLUMBIA HEIGHTS POLICE DEPARTMENT
PROPOSED FEE SCHEDULE FOR 2005
CURRENT PROPOSED
FEE FEE
1. Copies of Reports
Resident $5.00 $5.00
(For the first 10 pages and an additional $.25 for each page thereafter)
Non-resident $5.00 $10.00
2. Weekly.Accident Report $5.00 $5.00
(Tiffs report is mn on Fridays and contains the information from the previous
Friday-Thursday. Contains names of parties involved in the accidents).
3. Report on an Address/Person $5.00 $5.00
(Free to Rental Property Owners)
4. Copies of digital photos on a CD-ROM
First page $5.00 $5.00 plus
$1 for each
For 2005 fee--color copy printed on plain paper $5.00 initial page and $1 add'l page
For each additional page
5. Fingerprinting No charge $10
(Free to residems of Columbia Heights)
6. Driver's license printout No charge No charge
(Free to residents of Colmnbia Heights)
7. Copies of pictures No charge $25 plus cost
(Negatives dropped off at Wal-Mart. Requesting party pays Wal-Mart's fees) of processing
ITEMS TO BE ADDED
8. Letter of good standing No charge $10.00
9. Administrative fee for impounded vehicle No charge $15.00
10. Administrative fee for impounded animal No charge $15.00
P. 41
FEE SCHEDULE
1. Reports:
Last year we released over 650 reports to the general public, attorneys, and insurance agents at a cost of
$5 per report up to 10 pages in length. This generated revenue of over $3,000.
The Columbia Heights Police Department suggests that in order to generate additional revenue, it is
recommended that we charge $10 per report up to ten pages in length for non-residents and $5 per
report up to ten pages in length for residents of Columbia Heights. Pages beyond ten would cost
$.25 per page.
2. Weekly Accident Report
This report is run on Fridays and contains releasable public hfformation on property and personal injury
accidents from the previous Friday to Thm'sday.
The Columbia Heights Police Department proposes no change in this fee.
3. Report on an address or person:
All data releasable by law may be obtained on a printout for a person or address within our city. (This
check is performed flee for rental property owners in our city with a properly completed release form).
The Columbia Heights Police Department proposes no change in this fee.
4. Copies of digital photos on CD or floppy disk:
In checking with other Anoka County agencies, we find the average fee for photos on CD is $5.
The Columbia Heights Police Department is suggesting that for a color copy printed on plain paper,
we would charge $5 for the first page and an additional $1 for every page after. This would cover
the cost of a color replacement cartridge for the printer and the time spent by the records
department to pull the photos together.
5. Fingerprints:
At this time, we do not charge residents of Colmubia Heights to roll fingerprints. In checlcing with the
county and other agencies, the general fee is $10. We would average about 25 requests per year, but the
majority relate to adoption, foster care, and employment.
The Columbia Heights Police Department suggests that we charge a $10 fee for f'mgerprinting.
6. Driver's License printouts:
Provided for the residents of Columbia Heights at no charge.
The Columbia Heights Police Department proposes there be no change in this fee.
P. 42
7. Copies of pictures from 35mm:
In checldng with other Anoka County agencies,, we fred the average fee for 35xxhm photo reprints is $25
plus developing costs.
The Columbia Heights Police Department is suggesting that we charge $25 for the Community
Service Officers' and the Records Technicians' time plus the cost of developing. It would average a
CSt about one hour to process this request.
8. Letter of good standing:
On average about 15 to 30 minutes of clerical time is spent nmning background checks necessary for this
request: criminal history, ch-iver's license, local checks, etc. An additional 15 minutes is spent by the
Chief of Police reviewing the documents m~d writing the letter of good standing. The Chief's Secretary
then types the letter on depm~tment letterhead, has the Chief sign it, mails it to the requesting agency, and
sends a copy to the requesting party.
The Columbia Heights Police Department feels a realistic fee for this is $10. We complete
approximately 20 of these per year.
9. Vehicle Impound:
Columbia Heights Police impounded 529 vehicles in 2003. If an administrative fee of $15/car had been
in place, we would have generated $6,700. 15% of the in, pounded vehicles were not claimed by their
owners and were either jtmked or auctioned off by the impound lot. No administrative fee would be
collected on these non-clahned vehicles.
The Columbia Heights Police Department suggests that we establish an administrative fee of $15
for each impounded vehicle. This would cover administrative costs and copying of documents.
10. Animal Impound:
A total of' 72 animals were hnpounded at Camden Pet Hospital. The Department usually will release 20%
back to the owner; the other 80% are euthanized or put up for adoption. Approximately 14 animals are
picked up by the owners. At $15 per animal, this would generate $210.
The Columbia Heights Police Department suggests that we establish an administrative fee of $15
for each animal impounded by our department to cover administrative costs and copying of
documents.
ii. Audio and video tapes:
Most Anoka County agencies charge $20 to $25 per tape. Again, this takes a CSt an average of one hour
to process.
The Columbia Heights Police Department is suggesting that we charge $25 for the Community
Service Officers' and the Record Technicians' time for audio and video tape processing.
04-123
P. 43
CITY COUNCIL LETTER
Meeting of October 11, 2004
AGENDA SECTION: Ordinance ORIGINATING DEPARTMENT CITY MANAGER
NO. ._~P~ POLICE APPROVAI¥, ~//
ITEM: Adopt Ordinance 1477 amending Ordinance BY: ThomasM. John~on~ BY: ~2,/~'~;~
NO. 853-10.108(6) City Code of1977 DATE: September30,2¢0.4~'~.) DATE: [/*
BACKGROUND
The Columbia Heights Police Department desires to use administrative tags for minor traffic violations committed in
our city. The Police Chief has met with the City Attorney to determine the most effective way to perform this task and
be within the guidelines as set by the opinion of the State Auditor and the State Attorney General. It was determined
that the best way to do this would be to use the State Statute on Public Nuisance 609.74 Subd. (2) which states in part:
Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of
maintaining a pubhc nuisance, which is a misdemeanor:
(2) Interferes with, obstructs, or renders dangerous for passage, any pubhc highway right-of-way, or waters
used by the public.
This Statute is incorporated into our City Ordinances.
ANALYSIS/CONCLUSION
In order for us to use City Ordinance 10.108(6) which currently states:
Minnesota Statutes 609.74 and 609.745, defining crimes constituting public nuisances, are incorporated
herein.
The City Attorney has recommended the following language be added to the Ordinance:
Notwithstanding anything to the contrary herein, a violation of Mim~esota statute 609.74 Subd. 2) shall
be a petty misdemeanor subject to the penalties as set forth by Resolution.
RECOMMENDED MOTION:
Move to waive the reading of Ordinance No. 1477, there being ample copies available for the pubhc.
Motion:
Move to schedule the second reading of Ordinance No. 1477, being an ordinance amending Ordinance 853-10.108(6),
City Code of 1977, authorizing the ordinance violation of public nuisance under 10.108(6)(a) to be charged as a petty
misdemeanor and subject to the penalties set forth by resolution for October 25, 2004 at approximately 7:00 p.m. in
the City Council charnbers.
TMJ:mld
04-121
COUNCIL ACTION:
P. 44
ORDINANCE 1477
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO PUBLIC NUISANCES
Chapter 10, Section 1, subdivision 6, which currently reads as follows to-wit:
10.108 (6) Minnesota Statutes 609.74 and 609.745, defining crhnes constituting
public nuisances, are incorporated herein.
Is hereby amended to read as follows, to-wit:
10.108 (6) Mim~esota Statutes 609.74 and 609.745, defming crimes constituting
public nuisances, are incorporated herein.
~ Notwithstanding anything to the contrary herein, a violation of
Minnesota Statute 609.74 subd. (2) shall be a petty misdemeanor
subiect to the penalties as set forth by Resolution.
This Ordinance shall be in full force m~d effect from and after thirty days (30) after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Second by:
Roll call:
Mayor Juliem~e Wyckoff
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
?.45
CITY COUNCIL LETTER
Meeting of October 11, 2004
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. KA-[ POliCE ,
ITEM: Transfer 8ale & SoberFunds from General BY: Thomas M. Johnso,9~n~ BY:
NO. Fund to Police Dept. BudgetO.T. Line l020 DATE: Septelnber29,2004~v[M DATE:-
BACKGROUND
During the past three months, the Police Department took part in the statewide Safe and Sober program.
This program involved putting officers on our streets on overtime, enforcing driving while intoxicated
laws and use of seatbelts. On September 20, 2004, the State ofMim~esota rehubursed us for the overthne
expended. This was in the amount of $1,294.30. The money was originally paid out of our 2004
overtime budget and we would like to reimburse these fm~ds.
ANALYSIS/CONCLUSION
Since the overtime dollars used to participate in this program are htitially paid out of om' 2004 Police
budget and according to the Finance Director, the funds received fi:om the State to repay this expenditure
are initially considered revenue, they must be placed in the General Fund. The Police Department would
like to see these funds moved back into our 2004 Police Department budget line #1020 overtime fi:om the
General Fund. This will assist in continuing to ~ake part in this program.
RECOMMENDED MOTION: Move to ta'ansfer $1,294.30, the total mnount ofmoneyreceived from
the State of Minnesota for our efforts in the Safe mid Sober program, fi'om the General Fund to the Police
Department 2004 budget line #1020 overtime.
TMJ:mld
04-119
COUNCIL ACTION:
P. 46
Payee: 108367 COLUMBIA HEIGHTS POLICE DEPT
Supplier inv.!ce No Date Remark
92104 9/20/2004 .2004 SAFE & SOBER
Check No. 208714
Check Date - 9/21/2004
PO
Stub
1 of 1
Amount
1,294 330
1,294.30
PLEASE DETACH BEFORE DEPOSITING
~ ~ ~- MINNESOTA
PAY
WELLS FARGO BANK 208714
COON RAPIDS, MN 55433 910
00208714
NUMBER
DATE 9/21/2004 AMOUNT $****'1,294.30
ONE THOUSAND TWO HUNDRED NINETY FOUR A_ND *******************************************
TO THE
ORDER
OF
COLUMBIA HEIGHTS POLICE DEPT
ATTN: CPL PAUL BONESTEAL
AUTHORIZED SIGNATURES
," EO6?;k," ':0q;0000 ;q':P. 47;O0 ;kEO0"
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: October 11, 2004
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: ~/3, [5 Administration APPROVAL
ITEM: Request of Columbia Heights BY: Walt Fehst BY:
Athletic Boosters regarding lease limits DATE: October 8, 2004 DATE:
NO:
The Columbia Heights Athletic Boosters have requested the City of Columbia Heights pass a
resolution supporting State Statute 349.18 Sub. 1 Premises used for gambling, which lhnits
the lease mnount charged to lawful gambling organizations. This would lhnit the lease amount
to $1,750 and be all inclusive for items such as maintenance and trash removal.
City Attorney Jim Hoeft has reviewed the request. His response is attached, which indicates
that the City Council has the discretion to amend Resolution No. 2004-23 Authorizing Certain
Charitable Gambling.
Recommended Motion:
Move to support the Columbia Heights Athletic Boosters Club request to have staff bring forth an
amendment pertaining to lease mnounts in Resolution No. 2004-23 Authorizing Certain Charitable
Gambling in Columbia Heights.
COUNCIL ACTION:
P. 48
Columbia Heights Athletic Boosters
530 Mill Street N.E. Columbia Heights, MN 55421
August 20,2004
Mayor Wyckoff and City Council Members:
At our August 18t~,2004, Booster Membership meeting, the members passed
the following resolution pertaining to the ordinance on the amount of rent to
be paid a bar for a pulltab booth.
The State has set a frxed all-inclusive amount, (no other charges may be
assessed to the charitable organization) regarding pulltab booth rent.
We ask that you take serious consideration of our resolution to you
regarding this issue.
Thank-you very much for your consideration.
If you have any questions, please feel free to contact us. Our phone number
at the office is 763-706-3743.
Respectfully submitted,
aG~ t~a~,~, bresi}$~nt
Gerald Foss, Gmnbling Manager
cc:city manager
city attorney
P. 49
Be it resolved that the Columbia Heights
Athletic
Boosters
respectfully
requests
that
the City of
Columbia
Heights
change it's
charitable gambling rent ordinance to conform
with Minnesota Statutes 2003, section 349.18,
subdivision I, which was amended by the 2003
Minnesota Legislature.
P. 50
349.18 Premises used for gambling. ' '
Subdivision 1. Lease or ownership required; rent I~mkations. (a) An organization may.conduct lawful gambling only on premises it
owns or leases. Leases must be on a form prescribed by the board. Except for leases et~tered into before August 1, 1994, the term of the lease
may not begin before the effective date of the premises permit and must expire on the same day that the premises permit expires. Copies of all
leases must be made available to employees of the board and the Division of Alcohol and Gambling Enforcement on request. The board may
prescribe by rule limits on the amount of rent which an organization may pay to a lessor for premises leased for bingo. Any rule adopted by
the board limiting the amount of rent to be paid may only be effective for leases entered into, or renewed, after the effective date of the rule.
(b) Rentpaid by an organization for leased premises is subject to the foilowing limits:
(1)for booth operations, including booth operations where a pulI-tab dispensing device is located, booth operations where a bar operation
is also conducted, and booth operations where both a pull-tab dispensing device is loeated and a bar operation is also conducted, the maximum
rent is:
(i) in any month where the organization's W'oss profit at those pronises does not exceed $4,000, up to $400; and
(ii) in any month where the organization's W'o. ss profit at those premises exceeds $4,000, up to $400 plus not more than ten percent of the
gv'oss profit fo; that month in excess of $4, 000;
(2)for bar operations, including bar operations where a p~tll-tab dispensing device is located but not including bar operations subject to
clatue (I), and for locations where only a pull-tab dispensing device is located'
(i) in any ~nonth where the organization's gross profit at those premises does not exceed $1,000, up to $200; and
(ii) in any month where the organization's gross profit at those premises exceeds $I, 000, ~p to $2 00 plus not more than 20percent of the
W'oss profit for that month in excess of $1, O00;
(3) a lease not governed by clauses (1) and (2) mttst be approved by the board before becoming qfective;
(4) total rent paid to a lessorjYom all organizationsj~o~n leases governed by clause (1) ~nay not exceed $1,750 per month. Total re~zt paid
to a lessorj~'om all organizationsjgom leases govemmd by cla~se (2) may not exceed $2,000 per month.
(c) Amounts paid as rent under leases are all-inclusive. No other services provided or contracted by the lessor may be paid by the organization,
including, but not limited to, trash removal, janitorial and cleaning services, snow removal, lawn services, electricity, heat, security, security
monitoring, storage, other' utilities or services, and, in the case of bar operations, compensation for cash shortages. Any other expenditure
made by an organization that is related to a leased p,remises m~s.t be approved by the director. An organization may not provide any
comPensation or thing 6fvaiue to a leSsOr or the lessors employd~.'fr0m anY fund source other than its gambling aCcOUnt. Rent payments
may not be made to an individual.
(d) Notwithstanding paragraph (b), an organization may pay a lessor for food or beverages or meeting room rental if the charge made is
comparable to similar charges made to other individuals or groups.
(e) No person, distributor, ~anufacturer, lessor, linked bingo game provider, or organization other than the licensed organization leasing the
space may conduct any activity other than the sale or serving of food and beverages on the leased premises during times when lax~qcul gambling
is being conducted on the premises.
(f) At a site where the leased premises consists of an area on or behind a bar at-which alcoholic beverages are sold and employees of the lessor
...... r.~ ,~ ~ ..................................................................... ~ =hose employees
at any place on or behind the bar, but the tipboards and receptacleS for pull-tabs and cash drawers for lawful gambling receipts must be
maintained only within the leased premises.
(g) Employees of a leSsor may participate in lawful gambling on the premises provided (1) if pull-tabs or tipboards are sold, the organization
voluntarily posts, or ~s reqmre~ to post, the major prizes as specified in section 349.172; and (2) any =mploy== o~ ~= ~e=so~ participating in
lawful gambling is not a gambling employee for the organization conducting lawful gambling on the premises.
(h) A gambling employee may purchase puli-tabs at the site of the employee% place of employment provided:
(1) the organization voluntarily posts, or is required to post, the major prizes for puli-tab or tipboard games as specified in section 349.172;
and
(2) the employee is not involved in the sale of pull-tabs at that site.
(i) At a leased site where an organization uses a paddlewheel consisting of 30 numbers or less or a tipboard consisting of 30 tickets or leSs,
tickets may be sold throughout the permitted premises, but winnir~.'~ ~ets must be redeemed, the paddlewheel must be located, and the
tipboard seal must be opened within the leased premises.
RlCHAL~9 A. MERRILL ,.
DARREL~ A. JENSEN
I?~E¥ S. ~O~SO~
r'~SSELL H. CROWDER
JON ~ E~CKSON
THO~S P. ~ONE
MIC~L E ~EY
DOUGLAS ~. SAU~R
~ L. T~LE
C~ES M. SE~O~
D~L D. G~R, JR.
BE~Y K. DODGE
J~ES D. HOE~
JOg~ M. QUADE
JO~ Z BUC~
SCO~ M. LEPAK
TO:
FROM:
DATED:
Bama, Guzy & Steffen, Ltd.
ATTORNEYS AT LAW
400 Northtown Finm'mial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433-5894
(763) 780-8500 FAX (763) 780-1777
1-800-422-3486
www. bgslaw, corn
MEMORANDUM
Walt Fehst, City Manage~_ .....
J;n., _l-ioe~, City
Charitable Gambling Regulation
August 26, 2004
STEVEN G. THORSON
ELIZABETH A. SCHADING
WILLIAM E HUEFNER
BRADLEY A. KLETSCHER
KRISTI R. RILEY
WILLIAM D. SIEGEL
JENNIFER C. THULIEN SMITH
KARIN E. SIMONSON
MATTHEW A. KOROGI
EDWARD (TED) E SHEU
TIMOTHY D. ERB
Retired
ROBERT A. GUZY
BERNARD E. STEFFEN
1931-2002
A question has arisen as to whether the City should continue to regulate charitable gambling
through its own resolution, or whether the Cky should simply defer to State Statute.
Specifically, the issue was brought up in relation to the maximum amount of rent that an
establishment can charge for pul/tab operations.
I would start out the discussion by indicating that the Cky has the authority to place further
restrictions on charitable gambling then those that are set forth in the Statute. The City's current
resolution regulating charitable gambling is more restrictive than the Statute in two important
respects. The first being that the maximum rent is capped at $1,000 per month all inclusive. The
Statute allows for maximum rent of $1,750 per month all inclusive. Secondly, the City's current
resolution restricts charitable gambling to an organization that has been in existence in Columbia
Heights for not less than 10 years. No such restriction is found in the statute.
~ccoiumgiy, is ~' deske ~_~__ ~ o ..... o,..,~, ~ ......
k.ity 8
would suggest th~ Counc~ simply amend resolution 2004-23, p~agr~ph 5, by specific~y stat~g
would allow for the higher rent to be paid but still maNtaN the other local re~lations set fo~h N
the resolution.
uf coulse, the ~ ....:'
t~uunc,, does not have to change anything in the existing .... ~,,*;~,,, inc!udlmg the
maximum rental amount. That decision is completely within the discretion of the Council.
I hope this information is helpful in the Council's deliberation on this matter. If you need any
further information or analysis, please advise.
253572 1
P. 52
CITY OF COLUMBIA FIEIGHTS
TO:
FROM:
DATE:
RE:
Mayor Julienne Wyckoff'
CouncilmembevTami Ericson
Councilmember Bruce Kelzenberg
Councilmember Bruce Nawrocki
Councilmember Bobby Williams
Walt Fehst, City Manager
August 13, 2004
Rental of Business Sites for Pull Tab Vendors
Attached is a copy of a memorandum I received from Bruce Hilsen, President of Star
Management (Star Bar) regarding a request to change the rental fee for businesses to
charge pull tab vendors. Jerry Foss delivered this letter to me on behalf of the Boosters
and appears to be in favor of the change.
As the letter seems to indicate, ancillm'y charges such as garbage collection and
maintenance costs would not be able to be charged to the pull tab vendor if the state
guidelines were adopted allowing for a higher rental fee per month (i.e., State Guidelines
would also provide for lower rents if sales volume did not wan'ant the higher dollar
figures).
I am dfl'ecting the City Attorney review the state guidelines and place it on the City
Council work session agenda for the second work session in September (September 20)
for discussion.
Ifyou have any questions or concerns prior to that date, please contact me, the City
Attorney, or Jen'y Foss or the Boosters President regarding their request.
Other pull tab vendors in town (i.e., h~u-naculate Conception, VF ..w) may or may not be in
support of this change in the per month rental fee. However, it is clear that most of the
communities around us have gone to the state guidelines in permitting this rental
increase.
Attaclnnent
P. 53
tviEMO:
August 12, 2004
Je~xy:
As per our discussion last week I would like to move forward in an effort to
get the Columbia Heights ordinance changed.
It is my understanting that the State Guidelines permit the pull tab vendors to
pay the business site an ammmt of $1,74f~.00 per month.
Columbia Heights regulations permit only $1,000.00 per month. As you are
well aWare, costs of ser~rices continue to rise. The additional garbage that
your successfal operation creates, costs me more money now irt ma/ntenance
and trash removal than irt the past. While I support the char/table causes you
contribute to, I also must look at the bus/ness stand point. Star Central could
earn more revenue by placing tables and chairs in your location than we can
from your monthly rent.
As you are more aware of city procedures than I, would it be possible for you
to check with the Mayor, or the City Attorney to see how we can go about
getting the local ordinance changed to conform with State of Minnesota
guidelines. I would sure like to be able to continue working with the
Boosters for a long time to come.
Brace Hilsen
President
Star Management
P. 54
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: October 11, 2004
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: r.k'-'A o1 Commtmity Development APPROVAL ~
ITEM: Modification to the Downtown BY: RandySchumacher.~ BY: ~f/-~/-¢~'/3~
(CBD) Revitalization Plan for the CBD DATE: October 6, 2004 ~'"- DATE: ' ~
Redevelopment Project and Establish
Huset Park Area TIF District and TIF Plan
NO:
The Modification to the Dowa~town Central Business District (CBD) Revitalization Plan for the CBD
Redevelopment Project and Establislting the Huset Park Area TIF District and TIF Plan Public Hearing
was tabled at the September 27, 2004 City Council meeting. It is necessary that this item be continued to
a date and time specific.
Recommended Motion:
Authorize Continuation of the Public Hearing for Resolution No. 2004-55, Adopting a to Monday, October 25,
2004 at approximately 7 p.m. in the City Council Chambers
COUNCIL ACTION:
P. 55
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: October 11, 2004
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: ~--/k I O Community Development APPROVAL
ITEM: Elimination ofparcels from the BY: RandySChmnacher ~ DBAY~E..~-/~~
TIF 4 Multi Use Redevelopment Project DATE: October 6, 2004: ~
(MURP) K2 TIF District
NO:
The elimination of parcels fi'om the TIF 4 Multi Use Redevelopment Project (MURP) K2 TIF
District Public HearLng was tabled at the September 27, 2004 City Cotmcil meeting. It is
necessary that this item be continued to a date and time specific.
Recormnended Motion:
Move to authorize Continuation of the Public Hearing for Resolution 2004-54, approving the
elimination of parcels fi-om the TIF 4 Multi Use Redevelopment Project (MURP) K2 TIF District to
Monday, October 25, 2004 at approxLnlately 7 p.m. in tile City Council Chambers
COUNCIL ACTION:
P. 56
CITY COUNCIL LETTER
Meeting of: October 11, 2004
AGENDA ORIGINATING CITY MANAGER
SECTION: DEPARTMENT: APPROVAL
NO: Fire
ITEM: Establish Hearing Dates BY: Charlie Thompson BY: ~/ffs~////~
License Revocation, Rental Properties
DATE: October 6, 2004 DATE:
NO:
Revocation or suspension of a license to operate a rental property within the City of ColUmbia Heights is
requested against the following owners regarding their rental property for failure to meet the requirements
of the Residential Maintenance Codes.
1. Edward Fragale 1308-10 & 1324-26 Circle Ten'ace Blvd N.E.
P~COS, O,/W~NDED MOTION: Move to EstaNish. 14aUrlng Date of October 25, 2004 for Revocation or
Suspension of a License to Operate a Rental Property withh~ the City of Columbia Heights against
Edward Fragale at 1308-10 & 1324-26 Circle Terrace Blvd. N.E.
COUNCIL ACTION:
P. 57
CITY COUNCIL LETTER
Meeting of: October 11, 2004
AGENDA SECTION:~ ORIGINATING DEPT.: CITY MANAGER
NO: ~- -P~ - ~'')~ License Department APPROVAL
I\
ITEM: License Agenda BY: Shelley Hansont/~/?X' DATE:
NO: DATE: October 8, 2004 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the October 8, 2004 City Com~cil meeting. This agenda
consists of applications for Contractor licenses for 2004.
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 October 11, 2004 as presented.
COUNCIL ACTION:
P. 58
TO CITY COUNCIL October 11, 2004
*Signed Waiver Form Accompanied Application
2004 BUSINESS LICENSE AGENDA
BLDG
CONTRACTORS LICENSES
*Advanced Air Htg & Cool 6724 Kingston Dr., Eden Prairie
*Pro Wall Inc. 7990 69th Ave, Rockford
$50.00
$50.00
P. 59
.SA
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCm lVIEETING OF:,
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 [ It9 ~}bg' through
in the amount of $
These checks have been eXamined and found to be legal charges against the CITY OF
' COLUMBIA HEIGHTS, and are hereby, recommended for payment.
P. 60
ACS FIN~CI~ SYSTEM CITY OF COLUMBIA HEIGHTS
10/07/2004 15:51:05 Check History GL050S-V06.60 CO~RPAGE
GL540R
* *** C O U N C I L *** *
Report Selection:
Optional Report Title ....... 10/11/04 COUNCIL LISTING
INCLUSIONS:
Fund & Account ..............
Check Date ..................
Source Codes ................
Journal Entry Dates .........
Journal Entry Ids ...........
Check Number ................
Pro~ect .....................
Venaor ......................
Invoice ......................
Purchase Order ..............
Bank ............... - .........
Voucher ....................
~.eased Date ...............
~ared Date ................
thru
thru
thru
thru
110068 thru 110241
thru
thru
thru
thru
thru
thru
thru
thru
thru
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP
J COUNCIL 02 P4 Y S 6 066 10 Y Y
ACS FINAlqCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
10/07/2004 15 Check History GL540R-V06.60 PAGE 1
10/11/04 COUNCIL LISTING
BANK VENDOR
BAi~K CHECKING ACCOI/NT
ACE ICE COMPANY
ARCTIC GLACIER
AT & T CONSUMER LEASE
B & B ASSOCIATES
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
BRADLEY REAL ESTATES INC
CAT & FIDDLE BEVERAGE
CENTER POINT ENERGY
CHiSAGO LAKES DISTRIBUTI
CITY WIDE WINDOW SERVICE
COL HGTS FIREFIGHTERS AS
COLUMBIA HEIGHTS I
COOK/JANIS
CREATIVE FORMS & CONCEPT
D'VINE WINE DISTRIBUTORS
DAY DISTRIBUTING CO
EAST SIDE BEVEPd~GE CC,
ESCHELON
EXTREME BEVERAGE
FARNER-BOCKEN
G & K SERVICES
GRIGGS-COOPER & CO
.~ HOHENSTEINS INC
~ JO~INSON BROS. LIQUOR CO.
~ MEDICINE LAKE TOURS
METROCALL - ATT MESSAGIN
NATH COMPANIES
NGUYEN/MICHELLE
OFFICE DEPOT
OLSON/KAREN
PETTY CASH - JOANNE BAKE
PETTY CASH - MARY DUGDAL
QWEST CO~K/NICATIONS
SORENSEN/DALE
STEFFEN/DEBORA3{ L
VERIZON WIRELESS
VILLELLA/NICK
XCEL ENERGY (N S P)
WELLS FARGO - PAYROLL AC
ACE ICE COMPANY
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
CAVANAUGH/DIANA
CHISAGO LAKES DISTRIBUTI
CITY OF NEW BRIGHTON
EAST SIDE BEVERAGE CO
CHECK NUMBER
110069
110070
110071
110072
110073
110074
110075
110076
110077
110078
110079
110080
110081
110082
110083
110084
110085
110086
11g087
110088
110089
110Q90
110091
110092
110093
110094
110095
110096
110097
110098
110099
110100
110101
110102
110103
110104
110105
110106
110107
110108
110109
110110
110111
110112
110113
110114
110115
AMOUNT
310
13
250
780
18,066
11,337
181
1,113
6,704
40
24
5,534
200
1,135
367
962
101,327
137
640
8,188
48
9,477
473
3,941
1,638
22
20,000
4
35
250
86
112
1,239
36
29
937
69
25,948
264,645
191
427
2,664
50
4,138
1,917
23,985
421.64
.53
.11
.00
.22
.91
.87
.00
.97
.74
.47
.00
.05
.90
.46
.90
.00
.30
.26
.00
.81
.21
.16
.03
.44
.00
.10
00
99
01
00
79
95
70
34
95
41
67
56
88
16
60
85
00
55
00
50
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
10/07/2004 15 Check History GL540R-V06.60 PAGE 2
10/11/04 COUNCIL LISTING
BANK VENDOR
CHECK NUMBER
BANK CHECKING ACCOUNT
EGGERTH/JEREMY
ELRITE/WILLIAM
GENUINE PARTS/NAPA AI~O
GRIGGS-COOPER & CO
JOHNSON BROS. LIQUOR CO.
KIWI KAI IMPORTS
KOLOSKY/STEVE
MAHCO
MCGEE/MICHAEL
MEDICINE LAKE TOURS
MN DEPT OF ADMINISTR~I0
OFFICE DEPOT
PHILLIPS WINE & SPIRITS
PITNEY BOWES LOUISVILLE
DRAML/BEVERLY
QUALITY WINE & SPIRITS
SAFETY KLEEN CORP
SORENSEN/DALE
STEWART~JENNIFER
THUPTEN/NYENDARK
VERIZON - ATTN: PREP~ D
VERIZON WIRELESS
WINDSCHITL/KEITH
XCEL ENERGY (N S P)
10,000 LAKES CHAPTER
AAC ROOF CONSULTING, INC
A~SOLUTE CLEAN INC
ACCURINT
ACE HARDWARE
ACE INDUSTRIAL SUPPLY'
AMERICAN WATER WORKS ASS
AMERIPRIDE
ANOKA COUNTY PROPERTY' RE
ANOKA CTY - CENTRAL COMM
BAUER BUILT TIRE & BATTE
BEVERAGE IMPRINT
BIFF'S,INC.
BLUEMELS TREE SERVICE
BRA/CE & EQUIPMENT WAREHO
BRIN NORTHWESTERN GLASS
BRYAN ROCK PRODUCTS, INC
BUREAU OF CRIMINAL APPRE
CAMDEN PET HOSPITAL
CATCO PARTS SERVICE
CDW-G
CE&D
CENTER FOR ENERGY/ENVIRO
110116
110117
110118
110119
110120
110121
110122
110123
110124
110125
110126
110127
110128
110129
110130
110131
110132
110133
110134
110135
110136
110137
110138
110139
110140
110141
110142
110143
110144
110145
110146
110147
110148
110149
110150
110151
110152
110153
110154
110155
110156
110157
110158
110159
110160
110161
110162
AMOUNT
645.85
128.33
77.94
8,061.59
953.45
59.85
26.06
50.00
52.41
2,880.00
534.17
27.54
565.28
262.97
15.00
3,800.24
2,214.00
25.04
195.57
158.17
402.00
411.09
29.78
50.28
175.00
1,000.00
106.50
31.25
10.09
337.00
124.00
57.99
72.90
514.54
899.36
102.00
443.99
25,494.07
235.15
140.46
1,643.26
630.00
1,258.00
64.65
263.89
98.00
125.00
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
10/07/2004 15 Check History GL540R-V06.60 PAGE 3
10/11/04 COUNCIL LISTING
BANK VENDOR
CHECK NUMBER AMOUNT
BAI~K CHECKING ACCOUNT
CINTAS FIRST AID-SAFETY
CLARK PRODUCTS INC
COLUMBIA HEIGHTS REAFI'AL
COLUMBIA HGTS-FRIDLEY KI
DAHLGREN SHARDLOW & L~AN
DANKA OFFICE IMAGING
DAVIES WATER EQUIPMEA~ C
DISCOUNT STEEL INC
DONALD SALVERDA & ASSOCI
DOYLE LOCK SUPPLY
EAGLE ENGRAVING
ENVIRONMENT3kL RESOURCES,
FIDELITY SERVICES INC
FLEX COMPENSATION, INC
FLEXIBLE PIPE TOOL CC,.
FMX TURF PRODUCTS
FRIDLEY-COLUMBIA HEIGHTS
G & K SERVICES
GARDNER HARDWARE
GENERAL REPAIR SERVICE
GENUINE PARTS/NAPA AUTO
GOODIN CO.
GOPHER BEARING COMPANY
HOISINGTON KOEGLER GROUP
HOME DEPOT #2802
INTEGRATED LOSS CONTROL
IRONDALE BASEBALL LEAGUE
JINDRA/PATRICIA
KIWANIS CLUB
KRUGE-AIR, INC
MAC QUEEN EQUIPMENT CO.
MADDEN & ASSOCIATES/FRAN
MENAP~DS CAS~IWAY LUFrBER-F
MID CITY MECHANICAL
MID-AMERICA SALES ASSOCI
MIDWAY FOP~
MIDWEST ASPHALT CO.
MIDWEST LOCK & SAFE
MILOW ELECTRIC INC
MINNEAPOLIS SAW CO.
MINNESOTA D.A.R.E.,INC
MINNESOTA SOCIETY OF CPA
MN FALL MAINTENANCE EXPO
MN POLLUTION CONTROL AGE
MN STATE FIRE CHIEFS ASS
MURZYN JR/DONALD J
NATIONAL WATERWORKS, INC
110163 132.97
110164 530.44
110165 29.99
110166 500.00
110167 266.95
110168 43.48
110169 243.32
110170 15.90
110171 2,503.44
110172 11.94
110173 245.30
110174 6,300.00
110175 4,822.12
110176 162.75
110177 2,053.77
110178 928.55
110179 500.00
110180 722.10
110181 17.04
110182 4,464.49
110183 399.10
110184 56.33
110185 146.34
110186 116.25
110187 115.45
110188 319.00
110189 139.45
110190 140.00
110191 35.00
110192 59.80
110193 316.23
110194 814.55
110195 393.27
110196 2,250.00
110197 499.30
110198 98.25
110199 3,747.21
110200 464.81
110201 140.35
110202 10.00
110203 150.00
110204 229.00
110205 90.00
110206 69.00
110207 175.00
110208 105.00
110209 3,667.65
ACS FINANCIAL SYSTEM
10/07/2004 15
Check History
10/11/04 COUNCIL LISTING
BANK VENDOR
BANK CHECKING ACCOLINT
NORTHEASTER
NORTHERN AIR
OFFICE DEPOT
OLSON'S PLUMBING
ONE-CALL CONCEPT-GOPHER
PAM 0IL INC
PEPSI-COLA-7 UP
PREMIER LIGHTING, INC
PROSOURCE TECHNOLOGIES I
RESOURCE DOCUMENTS & ADV
SHORT ELLIOT HENDRICKSON
STAR TRIBUNE
STATE TREASURER BLD
STEEL TECH INC
STREICHER'S GUN'S INC/DO
SUN'PUBLICATION
SUNBURST CHEMICALS INC
TASER INTERNATIONAL
TROPHIES BY' LIN]DA
TRUCK UTILITIES COMPANY
TWIN CITIES NORTH CHAMBE
TWIN CITY HARDWARE
UNIFORMS UNLIMITED INC
UNITED RENTALS
VERIZON WIRELESS
VICTORY CORPS
WAL-MART
WERNER ELECTRIC SUPPLY C
WILSON DEVELOPMENT SERVI
XCEL ENERGY (N S P)
ZEP MANUFACTURING COMPAN
10,000 LAKES CHAPTER
CITY OF COLUMBIA HEIGHTS
GL540R-V06.60 PAGE 4
CHECK NUMBER AMOUNT
110210
110211
110212
110213
110214
110215
110216
110217
110218
110219
110220
110221
110222
110223
110224
110225
110226
110227
110228
110229
110230
110231
110232
110233
110234
110235
110236
110237
110238
110239
110240
110241
260 10
1,126 17
686 33
650 00
156 40
55 46
188 00
396 18
113,033 56
477 97
810 17
11t 80
743 87
234.30
89.95
360.00
209.11
75.00
67.10
191.16
230.00
24.19
1,702.94
584.21
90.38
218.55
100.00
111.11
776.25
75.80
132.27
10.00
738,782.92 ***
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
10/07/2004 15 Check History GL540R-V06.60 PAGE 5
10/11/04 COUNCIL LISTING
BANK VENDOR
REPORT TOTALS:
CHECK NUMBER AMOUNT
738,782.92
RECO~S PRINTED - 001075
ACS FINANCIAL SYSTEM
10/07/2004 15:51:07
FUND RECAP:
FUND DESCRIPTION
101
201
203
204
212
213
240
265
270
276
415
420
601
602
603
604
609
651
652
653
701
880
TOTAL
GENERAL
COMMUNITY DEVELOPMENT FUND
PARKVIEW VILLA NORTH
ECONOMIC DEVELOPMENT AUTH
STATE AID MAINTENANCE
PARKVIEW VILLA SOUTH
LIBRARY
CONFISCATED/FORFEITED PROP
DARE PROJECT
LOCAL LAW ENFORCE BLK GRANT
CAPITAL IMPROVEMENT - PIR
CAP IMPROVEMENT-DEVELOPMENT
WATER UTILITY
SEWER UTILITY
REFUSE FUAID
STORM SEWER UTILITY
LIQUOR
WATER CONSTRUCTION FUND
SEWER CONSTRUCTION FUND
STORM SEWER CONSTRUCT. FL/ND
CENTR3~L GAR_AGE
PERMIT SURCt~m~RGE
ESCROW
FLEX BENEFIT TRUST FUND
ALL FUlqD S
Check History
DISBURSEMENTS
72,978.43
2,486.08
87.27
125.00
537.75
43.64
2,714.43
6.37
150.00
1,702.94
2,853.36
140,616.33
7,819.13
3,261.32
1,000.00
1,983.20
221,135.34
4,290.49
161.88
2,250.00
7,027.46
743.87
264,645.88
162.75
738,782.92
CITY OF COLUMBIA HEIGHTS
GL060S-V06.60 RECAPPAGE
GL540R
BANK RECAP:
BANK NAME
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
DISBURSEMENTS
738,782.92
738,782.92
CITY COUNCIL LETTER
Meeting of October 11, 2004
AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
SECTION: /..]~ Fire APPROVAL
NO:
ITEM: Close Hearing BY: Charlie Thompson
Rental License Revocation
DATE: October 6, 2004 DATE:
NO:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia
Heights agah~st Marilyn Dalseth regardh~g rental property at 4612 Polk Street N.E. for failure to
meet the requirements of the Residential Maintenance Codes was previously scheduled to commence
at the City Com~cil meeting of October 11, 2004.
The public hearing on this property now may be closed in that the violations on the property have been
corrected.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or
Suspension of the Rental LiCense Held by Marilyn Dalseth Regarding Rental Property at 4612 Polk
N.E. in that the Violations on the Property have been Corrected.
COUNCIL ACTION:
P. 68
CITY COUNCIL LETTER
Meeting of October 11, 2004
AGENDA Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER
SECTION: Fire APPROVAL
NO:
ITEM: Adopt Resolution fOr Abatement BY: Charlie Thompson BY:
2004-66
DATE: October 6, 2004 DATE:
NO:
Declaration of a nuisance and abatement of violations within the City of Colmnbia Heights is requested
against David A. Caroon regarding property at 4152 Cleveland Street N.E. for failure to meet the
requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2004-66, there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2004-66, being a Resolution o£the City
Council of the City of Cokunbia Heights Declaring the Property at 4152 Cleveland Street N.E. a
Nuisance and Approving the Abatement of Violations from the Property Pursuant to City Code Section
B.OUZ.
COUNCiL ACTION:
P. 69
RESOLUTION 2004-66
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS
APPROVING ABATEMENT OF ORDINANCE VIOLATIONS PURSUANT TO CHAPTER 8,
ARTICLE VI, SECTION 1 OF CITY CODE, ORDINANCE VIOLATIONS EXIST ON
PROPERTY OWNED BY DAVID CAROON (HEREINAFTER "OWNER OF RECORD").
WHEREAS, OWNER OF RECORD IS THE LEGAL OWNER OF THE REAL PROPERTY
LOCATED AT 4152 CLEVELAND STREET, COLUMBIA HEIGHTS, MINNESOTA,
AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 8.602(1)(B),
WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED
COUNCIL ACTION CONTAINED HEREIN WAS SENT VIA CERTIFIED AND REGULAR
MAIL TO THE OWNER OF RECORD ON SEPTEMBER 29, 2004.
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
That on January 31, 2001 an inspection was conducted and two violations were noted. A
compliance order was sent by regular mail to the owner of record.
2. That on February 22, 2001, an extension was given to May 31, 2001 to complete the work.
3. That on May 31, 2001, a reinspection was performed and the violations were not corrected.
A compliance order was sent by regular mail to the owner of record.
4. That on July 6, 2001, a reinspection was performed and the violations were not corrected. A
compliance order was sent by regular mail to the owner of record.
5. That on July 25, 2001 the owner received a ninety (90) day building permit to finish the
siding work. The violations were closed in the RMC office file.
That on April 18, 2002 an inspection revealed that the owner did not finish the work and the
building permit had expired. A compliance order detailing two violations was sent to the
owner of record by regular mail.
7. That on April 23, 2002 the owner received a ninety (90) day building permit to finish the
siding work. The violations were closed in the RMC office file.
That on September 12, 2002 a reinspection was perforated ar, d the violations were not
corrected and the building permit had exph'ed. A compliance order was sent by the regular
mail by regular mail to the owner of record.
9. That on November 14, 2002, a reinspection was performed and the violations were not
corrected. A compliance order was sent by regular mail to the owner of record.
10. That on July 18, 2003, a reinspection was performed and the violations were not correcte&
P. 70
An admh~istrative citation was issued.
11. That on August 26, 2003, a reinspection was performed and the violations were not
corrected. The property file was given to the building department to complete enforcement.
Violations were closed hh the RMC office file
12. That on September 3, 2003, the Building Official sent the property owner a letter.
13. That on October 21, 2003 a complaint about outside storage and junk vehicles was received.
Enforcement was handled by the Police Department.
14. That on September 27, 2004 the police department inspected the property and found a large
amount of outside storage, debris mhd junk vehicles along with the house and garage siding
replacement work not finished. A compliance order was sent by certifed mail to the owner of
record.
15. That based upon said records of the Fire Department, the following conditions and violations
of City Ordinance(s) were found to exist, to-wit:
1)
Shall cOmplete all/any exterior work on the house. This work requires a
building permit. (Chapter 5A, Section 5A.205(1)(a), Section
5A.205(1)(g))..
2) Shall remove all/any outside storage from the property (Chapter 5A,
Section 5A.207(1)(f)).
16. 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 8.602(1)(a) and 8.602(1)(b).
CONCLUSIONS OF COLTNCIL
That the property located at 4152 Cleveland Street is in violation of the provisions of the
Colmnbia Heights City Code as set forth in the Notice o£Abatement attached hereto;
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 propmW listed above.
That aii applicable rlgmsanct penousm appem ay relating tu tt~c uwu~, m l~cum, ucculJmi[,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNtEIL
1. The property located at 4152 Cleveland Street constitutes a nuisance pursuant to City Code.
2. That a copy of this resolution/order shall be served upon all relevant parties mhd parties in
interest.
o
That any motion for summat~y enforCement shall be served upon all relevant pm~ies and
parties in interest.
P. 71
4. That all setwice provided for herein shall be in accordance with Mim~esota Statute 483.17,
subd. 2
Passed this
day of October 2004
Offered by:
Second by:
Roll Call:
Mayor Julienne Wyckoff
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P. 72
555 Mill Street NE - Columbia Heights, MN 55421
765-706-5650. Fax 765-706-5651 · Inspections 765-706-:5655 · TDD 763-706-5692
September 29, 2004
David A. Caroon
4152 Cleveland Street N.E.
Columbia Heights, MN 55421
Dear Mr. Caroon,
On September 27, 2004 the Columbia Heights Fire Department conducted an
inspection of your property at 4152 Cleveland Street NE. Inspectors noted two
violations under City Code 853, Chapter 5A, the Residential Maintenance Code. The
violations are as follows:
1) Shall complete all/any exterior work on the house. This work requires a
building permit. (Chapter 5A, Section 5A.205(1)(a), Section 5A.205(1)(g)).
2) Shall remove all/any outside storage from the property (Chapter 5A, Section
5A.207(1)(0).
Please be on notice, that on October 11, 2004 at 7:00 pm or as soon thereafter as
the matter can be heard, the City Council of Columbia Heights shall hold a Public
Hearing to declare the above noted violations a nuisance pursuant to City
Ordinance 1461.
If the City Council finds that the above nuisances are to be abated, the City shall causn
.the repair of all violations noted above. The expense of the City performing the work
will be billed to the property owner. If the owner chooses not to pay, the charqe for such
work shall be made throuqh a special assessment against the property, payable with
the property taxes the tollowinq year.
If you have any questions concerning this notification, please call 763-706-3654.
Sincerely,
Gary Gorman
Assistant Fire Chief
P. 73
PROPERTY HISTORY
4t 52 Cleveland Street NE
January 31,2001
February 22, 2001
May 31, 2001
July 6, 2001
July 25, 2001
April 18, 2002
April 23, 2002
September 12, 2002
November 14, 2002
July 18, 2003
August 26, 2003
September 3, 2003
October 21, 2003
September 27, 2004
October 11, 2004
Complaint inspection.
Extension given until May 31, 2001.
Re-inspection, not done.
Re-inspection, not done
Owner received 90-day building permit to finish siding
work. HMO process ends.
Found that owner did not finish work and permit ran
out. Started HMC process again.
Owner received another building permit. HMC
process ends.
Owner again did not finish work and permit ran
out. Started HMC process.
Re-inspection. Not done.
Re-inspection, Not done. Administrative tag given.
Re-inspection. Not done. Given back to Building
Inspection department.
Letter from Building Inspector sent out.
Complaint about outside storage and junk vehicles.
Passed on to Police Dept.
The Police Dept. inspected the property and found the
large amount of outside storage along with the house
and garage siding not finished. A letter from the Fire
uupuf u~fu~L was sent out.
Abatement hearing.
P. 74
P. 75
P. 76
P. 77
P. 78
P. 79
P. 80
P. 81
CITY COUNCIL LETTER
MEETING OF: OCTOBER 11, 2004
AGENDA SECTION: CONSENT ORiGINATING DEPT: CITY MANAGER
NO: -/g [ FINANCE APPROVAL
ITEM: ORDINANCE PROVIDING FOR THE BY:' WILLI&M ELRITE BY:! ,~i ~
ISSUANCE AND SALE OF APPROXIMATELY d/4~,/.~/,c.._~ . N,"~_,~,'~
$2,045,000 G.O. TAX INCREMENT DATE: OCTOBER 8, 2004 '~J ~g4
REFUNDING BONDS, SERIES 2004A
(SECOND READING)
NO:
The first reading of this ordinance was done at the September 27, 2004 council meeting. The ordinance
provides for the refunding of the City's General Obligation Tax Increment Capital Appreciation Bonds, Series
1990. These are the bonds that were sold in relationship to the construction of Parkview Villa SoUth. The first
call date on these bonds is September 1, 2005. Representatives from Ehlers & Associates, Inc. will be available
at Monday night's council meeting to explain why they feel this is an appropriate time to sell refunding bonds
in order to take advantage of the current low interest rates. This will be the second reading of the ordinance.
The City Charter allows for the sale of the bonds 30 days after the final ordinance is published. Based on this
schedule, the actual bond sale will be done at the November 22, 2004 City Council meeting.
RECOMMENDED MOTION: Move to waive readh~g of the Ordinance No. 1476 there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Ordinance No. 1476 being an ordinance providing for the
issuance and sale of approximately $2,045,000 in Tax Increment Refunding Bonds, Series 2004A.
WE:sms
04~00aCOUNClL
Attachment
COUNCIL ACTION:
P. 82
ORDINANCE NO. 1476
ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF
APPROXIMATELY $2,045,000 GENERAL OBLIGATION TAX iNCREMENT
REFUNDING BONDS, SERIES 2004A
THE CITY OF COLUMBIA HEIGHTS, MINNESOTA DOES ORDAIN:
1. It is hereby determined that:
(a) the City of Columbia Heights, Minnesota (the "City") is authorized by the provisions of
Minnesota Statutes, Chapter 475, as amended (the "Act"), and Section 475.67, Subdivision 13 of the Act
to issue and sell its general obligation bonds to refund outstanding bonds when determined by the City
Council of the City (the "City Council") to be necessary and desirable;
(b) it is necessary and desirable that the City issue its General Obligation Tax Increment
Refunding Bonds, Series 2004A (the "Bonds"), in the approximate original aggregate principal amount
of $2,045,000, to refund in advance of maturity and at their redemption date, the certain general
obligation bonds previously issued by the City;
(c) the outstanding bonds to be refunded by the City (the "Refunded Bonds") consist of the
City's General Obhgation Tax Increment Capital Appreciation Bonds, Series 1990, dated August 23,
1990, originally issued in the principal amount of $2,399,710.75, of which $1,179,703.60 in original
principal amount is callable on September 1, 2005.
2. Ehlers & Associates, Inc. is authorized to negotiate the sale of the Bonds in the approximate
principal amount specified in Section 1 of this ordinance, in accordance with terms of proposal approved
by the Finance Director of the City. The City Council will meet on Monday, November 22, 2004 or
such other date specified by the City Manager in accordance with the City Charter, to consider the sale
of the Bonds and take any other appropriate action with respect to the Bonds.
3. This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
Fh'st Reading: September 27, 2004
Second Reading:
Offered By:
,qec, cm cl ~.rl lalv-
Roll Call:
L~UL~ o~ ruSSag¢:
Mayor
Council Secretary
Attest:
City Clerk-Treasurer P. 8 3
City of Columbia Heights, Minnesota
Pre-Sale Report
September 27, 2004
Proposed issue:
$2,045,000 G.O. Tax Increment Refunding Bonds, Series 2004A
Purpose:
Refund, in advance of the call date, the $2,399,000 G.O. Tax Increment
Capital Appreciation Bonds, Series 1990. Savings are expected to be
over $250,000 per year for ibm' years or over $1,000,000 total. The
savings are the result of using approximately $730,000 of unused bond
proceeds plus over $250,000 of interest savings.
Description:
The 1990 Bonds had no payments due until September 1, 2006 and
mature through September 1, 2009 with interest rates of over 7%. The
2004A Bonds should have interest rates of under 3%. The 1990 Bonds
are callable on September 1, 2005, which means the savings would not
start until 2006. The 2004A bond proceeds would be escrowed until the
call date at the end of 2005.
Term/Call Feature:
The term of the debt will remain the same, with final matmSty of
September 1, 2009. The 2004A Bonds could be pre-paid on March 1,
2007 or any date thereafter.
Funding Sources:
Tax increments from the City's pre-1979 districts.
Discussion Issues:
Use of cash to pay down principal
Eligible uses of savings
Schedule:
1 st Reading of Ordinance/Pre-Sale:
2nd Reading of Ordinance
City Publishes Ordinance
Distribute Official Statement:
ConferenCe with Rating Agency:
Bond Sale:
Estimated Closing Date:
September 27, 2004
October 11, 2004
October 14, 2004
Week of November 8
Week of November 15
November 22, 2004
December 30, 2004
Elders Contacts:
Financial Advisors:
Bond Analysts:
Bond Sale Coordinator:
Mark Ruff (651) 697-8505
Shelly Eldridge (651) 697-8504
Diana Lockard (651) 697-8534
Debbie Holmes (651) 697-8536
Connie Kuck (651) 697-8527
7he OffZcial Statement for this financing will be mailed to the (p. 8 4il Members at their home address for review prior to the sale
COLUMBIA lzlE, IGItTS CITY COUNCII~ LETTER
Meeting of: October 11, 2004
AGENDA SECTION: Items for Consideration, ORIGINATING DEPARTMENT: CITY MANAGER'S
Other Ordinances and Resolutions Comm ~unity Development APPROVAL
NO: ~ - A--
ITEM: Ordinance No. 1475, Second Reading of BY: Ellen Berkelhanqer BY:w~,.,
an Ordinance Pertaining to the Industrial Park DATE: October 6, 2004
Rezoning
BACKGROUND:
The City o£ Columbia Heights has made an application for the rezoning of properties located at 317 37th
Avenue NE; 450, 515, and 517 38th Avenue NE; 510, 550, 600 and 620 39th Avenue NE; and 3700, 3800,
3801 and 3901 5th Street NE in the Industrial Park redevelopment area. The application requests a change in
zoning from I- 1 Industrial to MXD M/xed Use District. The City Council held its first reading of this
Ordinance on September 27, 2004.
Also on September 27, 2004, the City approved an amendment of the Comprehensive Plan to change the land
use designation of the subject property fi'om Industrial to Transit Oriented Development, subject to the review
of the Metropolitan Council. Therefore, the rezoning would be consistent with the Comprehensive Plan.
Chapter 9 of the City Code requires that the Planning Commission prepare reconzrnendations to the City
Council regarding changes to the Official Zoning Map to redesignate zoning boundaries of property. The
Planning Commission held such public hearing on July 7, 2004 and made its findings of fact in support of the
zoning chm~ge.
RECOMMENDATION:
The Planning Connnission recommends that the City Council approve the rezoning of the Industrial Park
properties from I-1 Industrial to MXD Mixed Use District (Transit Oriented Mixed Use).
RECOMMENDED MOTIONS:
Move to waive the reading of Ordinance No. 1475, there being ample copies available to the public.
Move to adopt Ordh~ance No. 1475, being an ordinance pertaining to Zoning and Development Ordinance No. 1428,
pertaining to the rezoning of certain properties located at 317 37TH Avenue NE; 450, 515, and 517 38TH Avenue NE;
510, 550, 600 AND 620 39TH Avenue NE; AND 3700, 3800, 3801 and 3901 5TH Street NE.
Attachments: Ordinance No. 14 75; Planning Report to City Council
COUNCIL ACTION:
P. 85
ORDINANCE 1475
CITY OF COLUMBIA I~IGHTS, MINNESOTA
BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDI2qANCE
NO. 1428, PERTAINING TO TH-E REZONING OF CERTAIN PROPERTIES LOCATED AT 317
37TH AVENiIE NE; 450, 515, AND 517 38TH AVE?CtJE r/E; 510, 550, 600 AND 620 39TH
AVENUE NE; AND 3700, 3800, 3801 AND 3901 5TH STREET NE
SECTION 1:
Wlql~,REAS, the City of Columbia Heights adopted the Industrial Area Redevelopment Plan to set a
framework for redevelopment options for the greater Industrial Park area; and
WFll~,REAS, the City of Colm-nbia Heights recognizes that the I-1 Industrial zoning does not allow the
flexibility needed to accomrnodate successful redevelopment in accordance with the Industrial Area
Redevelopment Plan; and
WHEREAS, rezoning from I-1 Industrial District to MXD, Mixed-Use District provides flexibility in the
project redevelopment, and allows for mixed resident/al and conm~ercial components as part of the
redevelopment project area; and
Wlt-EREAS, the rezoning is consistent with the City Comprehensive Plan, as an~ended by Resolution
2004-59, and is in the public interest and not solely for the benefit ora single property owner; and
WFfEREAS, the zoning classification of the property within the general area of the Industrial Park
Redevelopment area compatible with the proposed Mixed-Use zoning classification, and
WH-EREAS, the objective of the 2003 Industrial Area Redevelopment Plan was to provide a catalyst for
change in the area and the proposed rezonh~g will be the genesis for transformation of the area, which
necessitates the need to consider rezoning for a more appropriate use; and
BE IT FURTFIER RESOLVED that the Plam~ing Con2rfission has reviewed and reconm~ends approval
of the proposed rezoning from I-1, Industrial to MXD, Mixed-Use District.
SECTION 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading: September 27, 2004
Second Reading: October 11, 2004
· .Y~ L~ UI
Offered by:
Seconded by:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
Mayor Julielme Wyckoff
P. 86
CITY OF COLUMBIA HEIGHTS PLANNING REPORT TO CITY COUNCIL
CASE NUMBER:
DATE:
TO:
APPLICANT:
LOCATION:
REQUEST:
PREPARED BY:
2004-0702
October 11, 2004
Columbia Heights City Council
City of Columbia Heights
Industrial Park Redevelopment Area
317 37th Avenue NE; 450, 515, and 517 38th Avenue NE; 510,
550, 600 and 620 39th Avenue NE; and 3700, 3800, 3801 and
3901 5th Street NE
Second Reading of an Ordinance Rezoning of Property from I-1
Industrial to MXD Mixed Use District
Ellen Berkelhamer, AICP, City Planner
Introduction
On July 7, 2004, the Planning and Zoning Commission conducted a public hearing, on the City's
own application, to consider the rezoning of the properties generally bounded by Huset Park on
the north, Jefferson Street NE on the east, 37th Avenue NE on the south and University Avenue
NE on the west, referred to here as the Industrial Park (see Figure 1). The property is currently
zoned for Industrial use (Figures 2). The application requests a change in land use designation
from Industrial to Transit Oriented Development (Figure 3). The City Council held the first
reading of an Ordinance pertaining to the rezoning of the subject properties from I-1 Industrial to
MXD Mixed Use District on September 27, 2004. The Council will hold its second reading of the
Ordinance on October 11, 2004.
Recommendation
The Planning Commission recommends that the City Council approve the rezoning of the
Industrial Park properties from I-1 Industrial to MXD Mixed Use District (Transit Oriented Mixed
Use).
Planning Considerations
When evaluating a rezoning request it is important to consider how the proposed zoning
change fits in with the surrounding area. The property is currently used and zoned for
industrial purposes, and is surrounded by a variety of land uses including industrial,
residential, and parks and open space. University Ave NE, a major arterial roadway, and
industrial uses across University Ave NE are located to the west of the site. Residential
P. 87
City of Columbia Heights City Council October 11, 2004
:Industrial Park Comprehensive Plan Amendment
Case # 2004-0702
uses, industrial uses, and Huset Park are located to the north of the site. Industrial uses are
located to the east of the site with residential uses beyond the industrial area. Open space
and industrial and residential uses are located south of the site. The southernmost portion
of the site borders the City of Minneapolis, which includes the Columbia Park Community
Gardens.
The rezoning would make existing industrial uses within the subject property boundaries
non-conforming uses. However, it is anticipated that all of the subject property will ultimately
be redeveloped as residential or mixed residential/commercial uses. In the meantime, if
properties are not redeveloped until later phases, they will have legal non-conforming status.
According to Section 9.502 of the Zoning Ordinance, legal non-conforming uses have the
right to continue, but may not be enlarged, increased or expanded. Minor repairs and
routine maintenance of a structure containing or related to a non-conforming use are
permitted. Recent legislation also allows nonconforming uses that have been destroyed by
more than 50 percent of market value to be rebuilt within 180 days.
A rezoning cannot be adopted until after a Comprehensive Plan Amendment has been
adopted. On September 27, the City Council voted to approve the Comprehensive Plan
amendment, contingent on Metropolitan Council review. Therefore, the rezoning of the
Industrial Area will be consistent with a new Comprehensive Plan designation of Transit
Oriented Development.
Although no application has been made at this time for Site Plan Review or subdivision
approval, a concept site plan has been prepared by the anticipated developer of the subject
area as part of the preliminary development agreement entered into with the City. The
concept plan is compatible with the provisions of the Transit Oriented Mixed Use District.
This district calls for a flexible mix of uses with a minimum residential density of 12 units per
acre and a maximum density of 20 units per acre, unless otherwise approved by the City
Council. At this time, the concept site plan shows a density of just under 20 units per acre.
The subject property is located adjacent to a transit corridor (University Avenue NE) and will
include a trail connection linking the new residential and mixed use neighborhood to and
through Huset Park. The trail will be constructed as part of the parkway along 39th Ave NE.
The City Staff is in the process of preparing Design Guidelines to be applied to the
redevelopment of the subject property. These guidelines are directly based on the existing
City Design Guidelines adopted in 2003 so that the guidelines for the Industrial Park
redevelopment area will be consistent, to the extent relevant, with the city's adopted design
principles. The guidelines will include characteristics that are appropriate to the residential
and mixed use character of the Industrial Park redevelopment area.
The purpose of the Mixed-Use District is to promote efficient use of existing City
infrastructure; ensure sensitivity to surrounding neighborhoods, create linkages between
compatible areas of the City; provide appropriate transitions between uses; ensure high
quality design and architecture; create good pedestrian circulation and safety; promote
alternative modes of transportation; and increase the quality of life and community image of
Columbia Heights. The proposed Industrial Park redevelopment will be designed as a
pedestrian friendly mixed-use project that will accomplish these goals.
Rezoning these properties to the MXD Mixed-Use District will allow for the creation of a
neighborhood in-fill residential urban style development project. Properties will be
P. 8 8 Page 2
City of Columbia Heights City Council October 11, 2004
Industrial Park Comprehensive Plan Amendment
Case # 2004-0702
redeveloped into a traditional community development pattern allowing for pedestrian
connections and creating linkages and enhancing accessibility to the site.
The proposed Industrial Area Plan will enhance the tax base as a result of the future
assessed values of the site.
The Transit-Oriented Mixed-Use District requires that the mix of land use include two or
more of the following uses: residential, commercial and industrial. The proposed Industrial
Park redevelopment will meet this requirement by including predominantly residential uses
with some mixed use commercial/residential uses.
Findings of Fact
Section 9.406 of the Zoning Ordinance states that the City must make certain findings before
granting approval of a rezoning request to change district boundaries on the official zoning map.
The Planning Commission made the following findings:
1. The amendment is consistent with the Comprehensive Plan.
The proposed rezoning is consistent with a proposed amendment to the Comprehensive
Plan for the subject property, changing the land use designation of the subject property from
Industrial to Transit Oriented Development.
2. The amendment is in the public interest and is not solely for the benefit of a single property
owrler.
The rezoning is in the interest of the general public for several reasons. It will allow for
redevelopment that will expand the City's tax capacity, diversify its tax base, and attract
subsequent development. Rezoning will also allow for redevelopment that encourages the
use and leads to the enhancement of Huset Park, with new trails leading from the new
residential/mixed use neighborhood to the park. Additionally, the rezoning will lead to the
clean up of contaminated soils and existing pollutants on the site, prior to its redevelopment
as the new residential/mixed-use neighborhood. Finally, residents of the community will
also benefit because the rezoning will allow for redevelopment that provides significant
housing along a major existing transit corridor (University Avenue).
Where the amendment is to change the zoning classification of a particular property, the
existing use of the property and the zoning classification of property within the general area
of the property in question are compatible with the proposed zoning classification.
The existing use of the property is Industrial. It is currently surrounding by industrial,
residential and open space uses. Once rezoned, development may occur that will greatly
enhance both adjacent and nearby land uses by bringing the redevelopment area into
compatibility with those uses. Historically, the industrial area and its uses have operated
side-by-side with the City's existing residential neighborhoods without any meaningful buffer.
As a consequence, there is the need to eliminate incompatible land uses. New residential
and mixed-use residential/commercial development will achieve this goal by creating a
separation through new parkway/landscaping improvements and the location of a mixed use
Page 3
City of Columbia Heights City Council October 11, 2004
Industrial Park Comprehensive Plan Amendment
Case # 2004-0702
building serving as a buffer between residential and industrial uses to the east of the
Industrial Park.
Where the amendment is to change the zoning classification of a particular property, there
has been a change in the character or trend of development in the general area of the
property in question, which has taken place since such property was placed in its current
zoning classification.
The proposed rezoning is the genesis for the transformation of the area. In November 2003,
the City adopted the City of Columbia Heights Industrial Area Redevelopment Plan to
establish a framework for redevelopment options for the greater industrial area. The
objective of the 2003 Industrial Area Redevelopment Plan was to provide a catalyst for
change in the area, with an emphasis on identifying land uses that could be supported in
today's market place; establishing an improved land use pattern that would be financially
feasible; identifying a redevelopment effort that involved immediate implementation and
substantial change over the next five years; and establishing a new land use pattern that
furthered community objectives. The proposed rezoning will allow for development to occur
within such a framework.
Other land use changes or improvements are taking place in the general area, to which the
proposed zoning would be consistent. To the south of the property in Minneapolis is a
former Cargill processing plant, formerly considered a heavy industrial use. The plant was
removed and is now being used as public open space. Aisc, the City of Columbia Heights is
currently preparing a plan for the expansion and improvement of Huset Park.
Attachments
· Figure 1 - Industrial Park Location Map
· Figure 2- Existing Zoning
° Figure 3- Proposed Zoning
P. 9 0 Page 4
P. 91
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