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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 Il. till II.l_llll Il I ~ -- ~IIlIIII~[TitlIII III IIIIIIIIIIII ,l~q'fll IIIIIIIIIIIIII HIll II