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HomeMy WebLinkAboutSeptember 10, 2001 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 :September 7, 200] Gary L. Peterson Marlaine Szurek Julienne Wyckoff Bruce Nawrocki Robert A. Williams Ci~/Manager Walter R, Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, September 10, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability !n the. admission, or access to, .or.tryatment .or employment in, its services, programs, or activities. Upon request, accommodation will be prowded to allow mthwduals w~th disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxilimy 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) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. 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) Minutes for Approval MOTION: Move to approve the minutes of the August 27, 2001, regular City Council meeting as presented. 2) Authorize expenditure of funds for Police Awards dinner MOTION: Move to authorize expenditure of up to $5,000 for Police Awards dinner from the contributions account 883 -42100. 3) Approve to establish a hearing date of September 24, 2001 for Revocation or Suspension of a License to Operate a Rental Property at 4643 Pierce Street NE RECOMMENDED MOTION: Move to Establish a Hearing Date of September 24, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Meissner at 4643 Pierce Street NE. 4) Approve 2002 Business License Fees MOTION: Move to waive the reading of Resolution No. 2001-53, there being ample copies available to the public. MOTION: Move to approve the Resolution No. 2001-53, being a Resolution adopting the 2002 Business License Fee Schedule as presented. 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 September I0, 2001 Page 2 of 3 5) Authorize acceptance of proposal for service from TGS Partnership Move to authorize acceptance of the proposal for service from TGS Partnership and authorize the Mayor and City Manager to enter into an agreement for services. 6) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for September 10, 2001 as presented. 7) Approve Payment of Bills MOTION: Move to approve payment of the bills, as listed, out of the proper fund. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees 1) Josh Overmohle, Athletic Coordinator D) Recognition - none PUBLIC HEARINGS A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4433-4435 Main Street MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by William Field regarding rental property at 4433-4435 Main Street in that the property is in compliance with the Residential Maintenance Code. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First Reading for Ordinance 1440, being an Ordinance pertaining to the Rezoning ofcertain properties located at 1529 37th Avenue NE and 1601 37th Avenue NE MOTION: Move to waive the reading of Ordinance 1440, there being ample copies available to the public. MOTION: Move to establish September 24, 2001, at approximately 7:00 p.m. as the second reading of Ordinance No. 1440, being an Ordinance pertaining to the rezoning of certain properties at 1529 37th Avenue NE and 1601 37th. Avenue NE. B) Bid Considerations C) Other Business 1) Being a Resolution adopting a proposed budget for the year 2002, setting the proposed City Levy., approving the I-IRA Levy, approving a tax rate increase, and establishing a budget meeting date for property taxes payable in 2002. MOTION: Move to waive the reading of Resolution No. 2001-52, there being ample copies available to the public. MOTION: Move to adopt Resolution 2001-52 being a resolution adopting a proposed budget, setting the City, Library and EDA proposed local levy at $4,851,347, establishing a budget meeting date for property taxes payable in 2002 for December 3, 2001 at 7:00 p.m. in the City Council City Council Agenda September 10, 2001 Page 3 of 3 chambers, approving a tax rate increase, and approving HRA levy of $111,702. MOTION: Move to schedule the budget review meeting with the Library Board and the City Council for October 2, 2001 at 7:00 p.m. in the Library Activity Room, and schedule the City Council budget review meeting with the Park and Recreation Commission for October 24, 2001 at 7:000 p.m. in the Gauvitte Room at Murzyn Hall. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1. Minutes of the September 4, 2001 Planning and Zoning Commission meeting. 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. COUNCIL CORNER Mayor Peterson - Remember: don't take yourself too seriously, enjoy life, and do a random act of kindness! 12. ADJOURNMENT Walter R Feh~,~ity i~danager WF/pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 27, 2001 [qOT BEEF APPROVED. The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 27, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL Present: Councilmembers Williams, Szurek, Wyckoff, Nawrocki, and Mayor Peterson PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki stated that according to the Charter, the budget should be presented at a regular Council meeting in August. Walt Fehst, City Manager, indicated this would be included in the Manager's Report. CONSENT AGENDA - Items No. 2, 3, and 7 were removed for discussion. A) MOTION by Wyckoff, second by Szurek, to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the August 13, 2001, regular City Council meeting as presented. 2) Establish Work Session Meeting Dates for Tuesday, September 4 and Monday~ September 17, 2001 - REMOVED 3) Adopt Resolution 2001-51, being a Resolution changing the dates of regular Ci .ty Council meetings in November and December, 2001 - REMOVED 4) Authorize the Assistant Fire Chief to Attend the National Fire Academy Motion to authorize the Assistant Fire Chief to attend the National Fire Academy in Emmitsburg, Maryland, from October 22, 2001 through November 2, 2001, and that expenses be reimbursed from the appropriate account. Fehst stated this is the third of a four year training program, which is paid by afire service grant. 5) Authorize Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund. Motion to transfer $2,282.65, the total amount received from Unique Thrift Store, the Columbia Heights High School All Night Party Committee, and Columbia Heights High School for off duty security worked, from the General Fund to the Police Department 2001 budget under line #1020, Police Overtime. Nawrocla' felt it inappropriate to charge for Police services at the all night senior graduation party. Fehst stated they were not required to use this service and that they requested officers; therefore we ask for reimbursement to the general fund. Chief Johnson stated that if these types of events were not charged for Police services requests, the budget would have to be addressed. 6) Authorize the sale, salvage, or disposal of surplus City property on September 8, 2001 Motion to authorize the sale, salvage, or disposal of surplus City property as indicated on the attached listing of surplus property. City Council Minutes August 27, 2001 Page 2 of 12 7) Adopt Resolution No. 2001-50, being a resolution authorizing the continuation of condemnation bY quick take and approval of the appraisals related to land acquisition for City project 1999-12 as required by Mn/DOT for City project 1999-12, Central Avenue Street, Utility and Streetscaping Improvements - REMOVED 8) Approve to establish hearing date of September 10, 2001 for Revocation or Suspension of a License to Operate a Rental Property at 4433-4435 Main Street Motion to establish a hearing date of September 10, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against William Field at 4433-4435 Main St. 9) Approve Rental Housing License Applications Motion to approve the items listed for rental housing license applications for August 27, 2001 as presented. 10) Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 27, 2001 as presented. 11) Approve Payment of Bills Motion to approve payment of the bills, as listed, out of the proper fund. Wyckoff questioned the City auction, and if the public could obtain a list of items available. Chief Johnson stated the auction is Saturday, September 8, 2001 in the cold storage area east of the Municipal Service Center. Items are available for review from 8:00 a.m. to 10:00 a.m. prior to the auction. He encouraged anyone interested to attend. Nawrocki requested the items be listed on the City cable channel #16. Nawrocki questioned the procedure for sale of cars. Johnson stated excess City vehicles and forfeiture vehicles would be sold under sealed bid. He listed places the vehicles were advertised, and stated lists are also available at City Hall. Viewing is available on Tuesday, August 28. Upon vote: All ayes. Motion carried. Mayor Peterson moved on to Items 2, 3 and 7 which were removed fi.om the Consent Agenda. Item #2 Establish Work Session Meeting Dates for Tuesday, September 4 and Monday, September 17, 2001 Nawrocki indicated that he had a meeting conflict on Tuesday, September 4th and requested an 8:00 p.m. starting time. Nawrocki questioned that agenda items are not available for both meetings. Fehst listed agenda items for the September 4, 2001 work session: · Consider Resolution for median change on 51 st by MnDOT Nawrocki requested this be placed on Cable TV · Draft Ordinance - Courtesy Bench Policy · Preliminary Budget Resolution · Resolution for Housing Revenue Bonds for 50 units of assisted senior living by Crest View. · Work with consultant for reallocation of City properties - City Council Minutes August 27, 2001 Page 3 of 12 Fehst stated that items for the September 17 work session would be listed at the September 10 City Council meeting. Nawrocki asked for the motion to be divided, as there is not an agenda available for September 17th. Motion by Nawrocki, second by Wyckoff, to set a work session meeting date of Tuesday, September 4, 2001, beginning at 8:00 p.m. Upon vote: All ayes. Motion carried. Motion by Wyckoff, second by Williams, to establish a Work Session meeting date for Monday, September 17, 2001 beginning at 7:00 p.m. Nawrocld indicated parliamentary procedure requires an agenda when a meeting is set. Szurek stated advance notice of meetings dates allows Councilmembers to schedule their calendars. Williams stated that he appreciates the advance notice. Fehst stated he couM attempt to set an agenda for both meetings, but it would be difficult to project all items that far in advance. Upon Vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4-1 Motion carried. Item #3 Adopt Resolution 2001-51, being a Resolution changing the dates of regular City Council meetings in November and December 2001. Nawrocki indicated he had a conflict with the November meeting being moved to Tuesday, and suggested Wednesday, November 14. Williams indicated he often has conflicts but arranges his schedule to attend Council meetings. Motion by Nawrocki to reschedule the Monday, November 12 Council meeting to Wednesday, November 14, at 7:00 p.m. Motion died for lack of a second. Motion by Szurek, second by Wyckoff, to waive the reading of Resolution No. 2001-51, there being ample copies available to the public. All ayes. Motion carried. Motion by Szurek, second by Williams, to adopt Resolution 2001-51, being a Resolution rescheduling the Monday, November 12, 2001 City Council meeting to Tuesday, November 13, 2001 beginning at 7:00 p.m; and to reschedule and combine the Monday, December 10, 2001 and Monday, December 24, 2001 City Council meetings to Monday, December 17, 2001 beginning at 7:00 p.m. Nawrocki objected to establishing one meeting in December because of concerns for staff to clean up necessary end of the year items. Peterson stated that if another meeting becomes necessary in December, one couM be scheduled at that time. Peterson stated this was considered at the work session and decided to follow the staff recommendation. Nawrocki requested the record show that the Mayor indicated a decision was made at the work session. Peterson indicated he incorrectly stated a decision was made, rather that the flavor at the meeting showed this. Nawrocki indicated one Council member was not present at the work session. Upon Vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4-1 Motion carried. City Council Minutes August 27, 200 I Page4of 12 RESOLUTION NO. 2001-51 BEING A RESOLUTION CHANGING THE DATES OF CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETINGS IN NOVEMBER AND DECEMBER, 2001 WHEREAS: The City Council has decided to change the dates of regular Council meetings scheduled for November 12, 2001; December 10, 2001 and December 24, 2001, and; WHEREAS: The first regular Council meeting in November, 2001 would heretofore have been scheduled for Monday, November 12, 2001 which is a legal holiday, has now been rescheduled to Tuesday, November 13, 2001, and; WHEREAS: The date of the first regular Council meeting in December would heretofore have been scheduled for December 10th and the second regular Council meeting in December would heretofore have been scheduled for Monday, December 24, 2001, has now been combined and rescheduled for Monday, December 17, 2001. NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change with the traditional convening time of 7:00 p.m. in the City Hall Council Chamber. Passed this 27th day of August, 2001. Offered by: Second by: Roll call: Szurek Williams Ayes: Williams, Szurek, Wyckoff, Peterson Nay: Nawrocki Carried. Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Item #7 Adopt Resolution No. 2001-50, being a resolution authorizing the continuation of condemnation by quick take and approval of the appraisals related to land acquisition for City project 1999-12 as required by Mn/DOT for City project 1999-12, Central Avenue Street, Utility and Streetscaping Improvements. Motion by Szurek, second by Williams, to waive the reading of Resolution No. 2001-50, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, to adopt Resolution No. 2001-50, being a Resolution authorizing the continuation of condemnation by quick take and approval of the appraisals related to land acquisition for City Project 1999-12 as required by Mn/DOT for City Project 1999-12, Central Avenue Street, Utility, and Streetscaping Improvements. Nawrocki stated he is still waiting for the requested budget information on this project, and if land costs were part of the budget. Fehst stated the initial budget on the Central Avenue project has increased because of additional restrictions by MnDOT, and that land condemnations were not originally anticipated. The resolution allows for quick take action with valid appraisals. Fehst indicated the attempt would still be to negotiate on every property without court involvement. Nawrocki preferred negotiations to condemnation. Nawrocki questioned the fairness of this compared to other easements. Fehst indicated that because of the project timing it is important to have this resolution in place. Fehst stated that purchase or condemnation would not cause a loss of property or livelihood. Hoefl indicated that negotiates are in City Council Minutes August 27, 2001 Page 5 of 12 progress for the easements, even though we feel the City has prescriptive easement rights, which would cost nothing. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, aye; Peterson, aye. 5-0 Motion carried. RESOLUTION NO. 2001-50 BEING A RESOLUTION AUTHORIZING THE CONTINUATON OF CONDEMNATION BY QUICK TAKE AND APPROVAL OF THE APPRAISALS RELATED TO LAND ACQUISITION FOR CITY PROJECT 1999-12 AS REQUIRED BY Mn/DOT FOR CITY PROJECT 1999-12, CENTRAL AVENUE STREET, UTILITY AND STREETSCAPING IMPROVEMENTS CITY PROJECT 1999-12 WHEREAS, a cooperative project with the Minnesota Department of Transportation is planned for Central Avenue from 37th to 43rd Avenues in 2001; and WHEREAS, a portion of the roadway will be constructed outside the existing right-of-way; and WHEREAS, segments of the sidewalks will be constructed where easements do no exist; and WHEREAS, it is necessary to acquire easement title and possession in the parcels of land quickly to meet the scheduling issues for the roadway construction to accommodate site preparation and construction; and WItEREAS, the City has obtained individual appraisals on each property to be taken in these proceedings. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: 2. 3. 4. That the stated acquisitions are in the public interest and for a public purpose. The City attorneys are directed to continue with the previous resolution for condemnation and where legally appropriate to acquire these easements by direct purchase, if feasible and practical. The time required for bidding and construction makes it necessary for the City to acquire possession of the properties at the earliest possible date. The City has received individual appraisals on each property to be taken in these proceedings and hereby ratifies the City Administrator's approval of the appraised value for each of the parcels as stated on the attached list. Dated this 27th day of August, 2001 Offered by: Szurek Seconded by: Williams Roll Call: All Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk PROCLAMATIONS, PRESENTATIONS~ RECOGNITIONS AND GUESTS Proclamations -none City Council Minutes August 27, 2001 Page 6 of 12 Presentations 1. Bruce Nawrocki on behalf of the VFW VFW Commander Bruce Nawrocki presented a check for $1,000 on behalf of the ?FW and Auxiliary to support the recognition dinner planned for officers and support personnel that answered the emergency call last July. Peterson thanked the VFW and Auxiliary, on behalf of the Police Department and City Council, for their support of this event and continued support of City activities. Chief Johnson stated that Captain Roddy and his committee are planning the recognition dinner for September 19, 2001 at Murzyn Hall. Johnson thanked the VFW for their continued support on behalf of the Police Department. Johnson stated that any funds remaining from donations to this event would be turned over to the Curt Ramsdell Scholarship fund. Introduction of New Employees - none Recognition -none PUBLIC HEARINGS Rental Housing Revocation/Suspension for 4643 Pierce Street NE Mayor Peterson closed the Public Heating Regarding the Revocation or Suspension of the Rental License for Rental Property at 4643 Pierce Street NE as all interested parties have not been properly notified. Rental Housing Revocation for 4616/44622 Tyler Street Mayor Peterson closed the Public Heating Regarding the Revocation or Suspension of the Rental License for Rental Property at 4622 Tyler Street in that the Property is in Compliance with the Residential Maintenance Code. Approve Reallocation of CDBG Funds used to acquire and raze property at 4656 Monroe Street Fehst asked that Council continue this Public Hearing until September 24, 2001. Motion by Nawrocki, second by Williams, to continue the public heating to September 24, 2001, at approximately 7:00 p.m. for the reallocation of Community Development Block Grant (CDBG) Funds that were used to acquire and raze property at 4656 Monroe Street NE. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Second Reading of Ordinance No. 1435, being an Ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights pertaining to Purchases and Contracts Motion by Williams, second by Szurek, to waive the reading of Ordinance No. 1435, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, to adopt Ordinance No. 1435, being an Ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights pertaining to Purchases and Contracts. Nawrocki indicated that he forwarded a letter to the Charter Commission asking if there were any problems with the present $3, 000 limit, and stating that in his opinion that leaving the current language. "as is" allows for more oversight of City funds. Nawrocki asked why purchases for the liquor stores do not have to meet the same requirement. Bill City Council Minutes August 27, 200 I Page 7 of 12 Elrite, Finance Director, indicated liquor purchase have been handled as such when immediate payment allows for a discount, for the past twenty years. Nawrocki had no problem with this, but suggested this be waived in the Charter. Nawrocki questioned a large payment for the Library. Elrite indicated this might have been for several orders within the same timeframe, paid with one check. Williams stated that such situations are why the Charter Commission wanted to make this change. Peterson stated this request was brought forward by the Charter Commission, but would require a unanimous vote or a referendum vote. Jim Hoefi, City Attorney, indicated that the Charter Commission could place this question on the ballot. Wyckoff verified that this would not change the dollar amount, only give Council the ability to set the amount requiring approval of Council. Williams stated that if we are currently violating the Charter, it should be corrected. Peterson asked Fehst to talk to the Charter Commission and have them look at what purchases should be exempt and bring this back to Council for approval by a unanimous vote. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4-1. Motion died. Williams pointed out that Mr. Michael Hartel, Charter Commission member, was present and asked for his input. Nawrocki again questioned what problems there are with the current arrangement. Fehst stated the time delay causes some problems to received discounts on purchases. Hartel stated the Charter Commission's reason for the recommended change was that the current method is cumbersome and is a small amount for City purchases. This would move the decision process along allowing our elected officials who know what needs to be done and spent authority to do so. Peterson stated that if the Charter Commission feels strongly about this, it would have to come to a referendum vote. Second Reading of Ordinance No. 1436, being an Ordinance amending Chapter 12, Section 112 of the Charter of the City of Columbia Heights Pertaining to Damage Suits Motion by Williams, second by Wyckoff, to waive the reading of Ordinance No. 1436, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, to adopt Ordinance No. 1436, being an Ordinance amending Chapter 12, Section 112 of the Charter of the City of Columbia Heights pertaining to Damage Suits. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1436 BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 112 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO DAMAGE SUITS The City of Columbia Heights does ordain: Section 1: Chapter 12, Section 112 of the Charter of the City of Columbia Heights: IS HEREWITH AMENDED TO READ AS FOLLOWS: DAMAGE SUITS. Deleted. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: August 13, 2001 August 27, 2001 August 27, 2001 Williams City Council Minutes August 27, 2001 Page 8 of 12 Seconded by: Roll Call: Szurek Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson Nays: none Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Second Reading of Ordinance No. 1437, being an Ordinance amending Chapter 12, Section 114 of the Charter of the City of Columbia Heights pertaining to City to Succeed to Rights and Obligations of Village Motion by Wyckoff, second by Williams, to waive the reading of Ordinance No. 1437, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Wyckoff, second by Williams, to adopt Ordinance No. 1437, being an Ordinance amending Chapter 12, Section 114 of the Charter of the City of Columbia Heights pertaining to City to Succeed to Rights and Obligations of Village. Nawrocki stated that his previous concern regarding a historic perspective is answered in the preamble of the Charter. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1437 BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 114 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF VILLAGE The City of Columbia Heights does ordain: Section 1: Chapter 12, Section 114 of the Charter of the City of Columbia Heights: IS HEREWITH AMENDED TO READ AS FOLLOWS: CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF VILLAGE. Deleted. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: August 13, 2001 August 27, 2001 August 27, 2001 Wyckoff Williams Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson Nayes: none Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Second Reading of Ordinance No. 1438, being an Ordinance amending Chapter 12, Section 115 of the Charter of the City of Columbia Heights Pertaining to Village Officers to Hold Office Till When Motion by Szurek, second Williams, to waive the reading of Ordinance No. 1438, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes August 27, 2001 Page 9 of 12 Motion by Szurek, second by Williams, to adopt Ordinance No. 1438, being an Ordinance amending Chapter 12, Section 115 of the Charter of the City of Columbia Heights Pertaining to Village Officers to Hold Office Till When. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1438 BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 115 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO VILLAGE OFFICERS TO HOLD OFFICE TILL WHEN The City of Columbia Heights does ordain: Section 1: Chapter 12, Section 115 of the Charter of the City of Columbia Heights: IS HEREWITH AMENDED TO READ AS FOLLOWS: VILLAGE OFFICERS TO HOLD OFFICE TILL WHEN. Deleted. Section 2: This Ordinance shall be in full force and effect fi.om and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: August 13, 2001 August 27, 2001 August 27, 2001 Szurek Williams Ayes: Williams, Szurek, Wyckoff, Nawrocki and Peterson Nayes: none Gary L. Peterson, Mayor Patficia Muscovitz, Deputy City Clerk Second Reading of Ordinance No. 1439, being an Ordinance amending Chapter 12, Section 117 of the Charter of the City of Columbia Heights pertaining to Existing Ordinances Continued Motion by Williams, second by Szurek, to waive the reading of Ordinance No. 1439, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, to adopt Ordinance No. 1439, being and Ordinance amending Chapter 12, Section 117 of the Charter of the City of Columbia Heights pertaining to Existing Ordinances Continued. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1439 BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 117 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO EXISTING ORDINANCES CONTINUED The City of Columbia Heights does ordain: Section 1: Chapter 12, Section 117 of the Charter of the City of Columbia Heights: IS HEREWITH AMENDED TO READ AS FOLLOWS: EXISTING ORDINANCES CONTINUED. Deleted. City Council Minutes August 27, 2001 Page 10of 12 Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: August 13, 2001 August 27, 2001 August 27, 2001 Williams Szurek Ayes: Williams, Szurek, Wyckoff, Nawrocki and Peterson Nayes: none Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Peterson thanked the Charter Commission for all their work in reviewing the Charter, and to Tami Erickson and Mike Hartel for being present at Council meetings to answer questions. Nawrocki questioned if the Charter now needs to be renumbered. Hoeft stated numbering would remain the same, with these items indicating, "repealed". B) Bid Considerations -none C) Other Business Authorize Sale of property at 4656 Monroe Street Motion by Szurek, second by Williams, to authorize staff to seek responsible bids and to advertise "as is" sale of city-owned property at 4656 Monroe Street NE, with a minimum bid price of $33,000. Wyckoff stated there has been a lot of interest in this property, and wanted to be sure the public now realized this property is available. Bidding information is available in the Community Development Department. Council will look at the design of the proposed home before awarding the bid. Fehst stated that Council has the option to accept a bid on a number offactors. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS D) Report of the City Manager 1) Upcoming Work Session Items - done Fehst stated that by Charter, Administration has an obligation to submit a summary budget for initial consideration by a meeting in August. A budget summary was discussed at the work session, including concerns this year. State aids and assistance to Columbia Heights, and other first and second ring suburbs, has changed and will change how we do business. Prior to the State tax changes, department heads were asked not to exceed increases of more than five percent of last year. With the tax change, our City lost over a million dollars, of which some $800,000 will be made up in government aid. He stated local school district taxes would not disappear from our tax bills. Previously 50 to 55% was school taxes, 25%0 County and 25%from the City. In the future, the City 's portion will be about 44% County is 33%, and school district 23 to 24%. Fehst has asked department heads to look at substantial cuts, which he presented in a handout to Council Of the original estimated general fund budget of $8. 6 million, Fehst is proposing $729,000 in cuts. Fehst stated that when the Legislature changed the fiscal aid formulas for taxing bodies, they considered that communities would make up the difference by local property taxes, based on demands of public service. Budget packets for each of the various accounts by fund will be ready by the first part of next week, and budget meetings will follow. City Council Minutes August 27, 2001 Page 11 of 12 Nawrocki felt the entire budget should have been presented at this meeting and disagreed with the format of the summary. Bill Elrite, Finance Director, give an historic background on the budget time frame. State requirements changed budget requirement dates from October to December, and so a budget summary was given in August to meet the minimum requirements of the Charter, and to come up with a preliminary levy for the County in September. Budget meeting are held in October and November so as to be more current for the public hearing in December. This year, with late Legislative decisions, the process was moved back about 30 days. Nawrocki does not agree with setting a preliminary maximum levy, as he has not heard of Council reducing this amount. He felt the information handed out was not a fiscally responsible process. Williams thanked Elrite and staff for their hard work to cut costs, and stated that Council is committed to giving the best budget possible to the citizens. He would have no problem with setting the maximum levy. Peterson stated he has the utmost confidence in staff. The budget is simple; the City provides services, which we must pay for, and we must balance the budget. Peterson asked the viewing public to contact Council with their thoughts, as there are large cuts recommended from areas such as the Police Department. Peterson stated that Columbia Heights is one of the biggest losers in Minnesota from the tax changes, and asked residents to attend meetings with their ideas and wishes, as Council only wants to do what the people want them do. Fehst mentioned the Crestview Gala event will be held a week from Friday. Proceeds will be used to build a chapel in Columbia Height. E) Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS F) Minutes of Boards and Commissions 1) Meeting of the July 19, 2001, Charter Commission 2) Meeting of the March 20, 2001, Housing and Redevelopment Authority 3) Meeting of the July 17, 2001, Economic Development Authority 4) Meeting of the August 7, 2001 Public Library Board of Trustees CITIZENS FORUM Wyckoff asked Mr. and Mrs. dohnson, 4638 Pierce Street, who were in the audience, how their neighbor's house is coming along. They stated it is being worked on. COUNCIL CORNER Nawrocki commented on a call received from a resident on the 4400 block of 4th street, regarding the status of the alley that residents paid for sealing coating two years ago. The alley was dug up to build duplexes and was poorly repaired. Fehst stated he spoke to the Public Works Director and asked him to examine what needs to be corrected. Regarding landscaping, the escrow will be checked and repairs completed. Nawrocla' questioned the slope being created by the sound wall on University and how this will impact snow plowing. He questioned the width of parking spaces at the proposed Rainbow development. Fehst stated the reduction is only for a small number of compact cars. Nawrocki referred to problems with the local government cable broadcast and suggested someone review programming. He questioned whether a legal notice in the paper regarding membrane filtration includes Columbia Heights. Fehst stated it does not affect us, but it will raise rates. Nawrocki stated he is waiting for more information on signage at the casting theater. Fehst stated that the City City Council Minutes August 27, 2001 Page 12of 12 Attorney confirmed staff interpretation of the ordinance, and if Council wished to readdress that portion of the ordinance, he would bring it forward. Other Council members concurred that this sign was unique and they had no problem with it. Sandwich board signage was discussed. Wyckoff indicated that she lobbied to allow these signs. Nawrocki indicated that the number of days allowed should be enforced. Nawrocki questioned the $75 grass-cutting bill for the condemned house on 5th street. Fehst questioned why this cutting was contracted out. Wyckoff asked for information on the new Fire Department Ford Expedition. Fehst stated that the new Columbia Heights Rescue III has been in service since Monday, and is outfitted so fire fighters doing inspections can take calls immediately from this vehicle. This will save our ambulance so it is not used as an inspection vehicle. This was purchased with pension money returned to the City. Williams recommend limiting Council Corner topics to five minutes per Council member. Williams commented on how Central Avenue is coming to life, and the positive comments on the Gateway sign. Williams corrected misinformation that habitat homes do not pay property taxes. Fehst stated that they pay the same taxes as their next-door neighbor. Three Council members referred to a local businessman who is doing work for them. Williams encourage citizens to continue to pray for our peace and prosperity. Peterson referred to an alley problem at 2113 Fairway Drive, where for the second time a car has run into their house. They would like some kind of barricade erected to prevent this from happening again. Fehst will ask Hansen look at this. Szurek stated she has received calls from residents on Stinson Avenue on how unsightly the water works project is. Fehst will ask Hansen to report on this. Williams stated that he has learned that Council envelopes are recycled. Nawrocki stated that Council packets are also recyclable. Nawrocki requested to be informed before the City Manager leaves town. Fehst stated he did not want to mention this at a public meeting. Williams commended Linda Magee, Acting City Manager, on the finejob she did in Fehst's absence. Nawrocki reminded everyone to "Take City business very seriously!" Williams stated it should be taken seriously, but should still be fun. Peterson mentioned a random act of kindness shown to him south of St. Cloud. Peterson gave the date of the Gavette Park picnic. Mayor Peterson stated "Remember: don't take life too seriously, enjoy life, and do a random act of kindness. Nawrocki referred to a Medtronic act of kindness by helping a resident with her house. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:40 p.m. Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of Sept 10,2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGERS NO: Consent Agenda /~ -/~ -~-- Police APPROVAL ITEM: Funding of Police Awards Dirmer BY: Jean Kuehn BY: ~,//ff~/e NO: DATE: 2001 DATE: Background: The Columbia Heights Police department is planning a dinner and awards ceremony to thank and commend the Columbia Heights officers and the officers from other departments who responded and assisted during the shooting incident of July 17, 2001. It is accepted police procedure to formally present commendations and awards after such an incident. In addition, a special presentation will be made to Ms. Ellen Thompson who as a private citizen, acted courageously. The estimated cost of the caterer dinner through Ollie's Kitchen in Columbia Heights will be $4,722.50 and the police department has received contributions and promised contributions in excess of this amonnt. Recommended Motion: Authorize expenditure of up to $5000 for Police Awards dinner from the contributions account 883-42100. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 10, 2001 AGENDA ORIGINATING CITY SECTION: Lt ' A'~ DEPARTMENT: MANAGER APPROVAL NO: Fire ITEM: Establish Heating Dates BY: Dana Alexon BYT~/~E/~'' ~''~'' License Revocation, Rental Properties NO: DATE: September 5, 2001 DA : 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. Richard Meissner .......................................................... 4643 Pierce Street NE RECOMMENDED MOTION: Move to Establish a Hearing Date of September 24, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Meissner at 4643 Pierce Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meetin~ of: September 10, 2001 AGENDA SECTION: l.~ _ j~-L~ ORIGINATING DEPT.: CITY MANAGER NO: License Depa~tanent APPROVAL NO: DATE: September 7, 2001 BACKGROUND Attached are the proposed business license fees for the 2002 license year and a resolution for the same. These fees on the attached schedule are the same as for calendar year 2001. The fees charged are to cover time staff spends in reviewing, processing, and performing record checks, etc. ANALYSIS/RECOMMENDATION The fees for Cigarette/Tobacco Sales and Beer and Liquor were increased last year as recommended by the License Review Committee. I have not been involved in the License Review Committee since taking on the responsibilities of this position. Since the committee reviewed the fees last year and made changes at that time, I am recommending the license fees remain the same for 2002. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2001-5 3 , as there are ample copies available to the public. RE COMMENDED MOTION: Move to approve the Resolution #2001-$ 3 being a Resolution adopting the 2002 Business License Fee Schedule as presented. COUNCIL ACTION: attachments: Resolution 2001- Fee schedule 2002 BUSINESS LICENSE FEES Effective lanuary 1, 2002 through December 31, 2002. CATEGORY FEES ARTICLE SECTION Amusement Centers/Arcades ($5,000 Bond/S100 I_nv. Fee) (PD) $500 IV 2 Auto Recycling Dealer/Yard ($1000 Bond) PD,FD, ZA $500 II 2 Beer Sales (PD, BI, FI) On Sale ($150 Inv. Fee Ist time appl.) OffSale ($150 Inv. Fee 1st time appl.) Temporary Beer (per day basis) ($500 Appl. Fee; $150 Investigation Fee) $400 $150 $100 V 1 Carnivals ($500 deposit & insurance) (PD) $50/day V 8 Christmas Tree Sales (FI) (P&Z Comm) ($200 Clean-up Deposit) $50 II 6 Cigarettes/Tobacco Sales (S&H) $200 IN 2 Contractors (Bond and Insurance) General (if not licensed by State) Blacktop Excavator Masonry/Concrete Moving Demolition Plaster/Stucco Heating/Cooling Gas Piping Plumbing Sign Installation $5O $5O $50 $5O $50 $5O $50 $50 $5O $5O $50 $50 IV 7 Courtesy Benches (Insurance)(Eng. Dept.) $25/each VI 6 Games Of Skill (PD) $15/Location Plus $15/machine IV 4 VI 9 Kennels, Commercial (PD) $50 Plus, per cage $10 Page 2 CATEGORY Liquor Sales (PD, FI, BI) Class A (Inv. Fee $500-$2000) Class B (Inv. Fee $500-$2000) Class C (Inv. Fee $500-$2000) Class D (Inv. Fee $500-$2000) Class E (Inv. Fee $500-$2000) On Sale Wine (Inv. Fee $500-$2000) Sunday Liquor Sales Temporary On Sale (Inv. Fee $500-$2000) ACIub On Sale Liquor (Inv. Fee$500-$2000) up to 200 members 201 to 500 members 501 to 1,000 members 1,001 to 2,000 members 2,001 to 4,000 members 4,001 to 6,000 members Over 6,000 members Massage Therapist Business (PD,ZA) ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add'I. Metering Device L.P. Gas Per Metering Device Motor Vehicle Rental/Leasing (ZA) A. New Application B. Renewal Application Motor Vehicle Sales (New & Used) (PD) Multiple Dwellings (FI,BI) First 3-4 Units Each Additional Unit Over 4 Re-Inspection Fee for Code Compliance Pawnbroker ($5,000 Bond/$100 Inv.Fee) (PD) Pet Shop (PD)(Humane Officer) Pool/Billiard Hall ($100 Inv. Fee) (PD) FEES ARTICLE SECTION $8,000 $6,500 V $6,500 V $8,000 V $5,500 V $2,000 V $200 V $100/day Per membership V $ 300 $ 500 $ 650 $ 800 $1,000 $2,000 $3,000 $500 V 12 $100 V 12 II 8 $50 $10 $50 VI 4 $75 $50 $200 II 7 VI 6 $ 50 $ 5 $ 7O $12,000 II 5 $50 VI 9 $100 IV 2 Page 3 CATEGORY FEES ARTICLE SECTION Popcorn, Candy, Food Catering Vehicles (PD) (Insurance - Public & Vehicle Liability) $50 VI 6 Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant Renewal $300 $200 VI 2 Rental Housing Licenses Single Family & Duplex (Per Unit Basis) Re-Inspection Fee $15 $5O VI 6 Secondhand Merchant Business ($5,000 Bond) $100 (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expo ($5,000 Bond) First Day $50 Each Additional Day $10 II 4 II 4 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 (Investigation Fee $500-$10,000) V 6 Taxicab Driver (PD) $25 VI 3 Taxicab Vehicle (PD) $75 VI 3 Transient Merchant/Peddlers (PD) A. Itinerant Hawker/Peddler B. Transient Merchant II $50/day; $100/mo.; $500/yr. $50/day; $100/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD) $50 VI 10 LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES FEE FEE BEGUN. 1 - 15 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE 25% PENALTY OVER ORIGINAL 50% PENALTY OVER ORIGINAL LEGAL PROCEDURES DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE PD Police Department FI BI Building Inspector PWD S&H Safety and Health Inspector CF ZA Zoning Administrator AC All New Licenses Must Have Zoning Administrator's Approval. Fire Department Public Works Dept City Forestor Anoka County RESOLUTION NO. #2001- _~? 3 ADOPTING 2002 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January I, 2002. Passed this Offered by: Seconded by: Roll Call: day of .,2001. Mayor Gary L. Peterson Patricia Muscovitz, Council Secretary CITY OF COLUMBIA HEIGHTS TO: WALT FEHST, CITY MANAGER RANDY SCHUMACHER, ACTING COMMUNITY DEVELOPMENT DIR. FROM: SHELLEY HANSON DATE: AUGUST 17, 2001 SUBJECT: LICENSING FOR 2002 I have done some research on the licensing. I do know we need to pass a resolution each year establishing the fees. This needs to go to the Council the first meeting in September. I then have to begin the process of the renewals in September and October. The following is a list of the licenses that were issued for the year 2001 and the amount of Revenue received: Amusement Centers/Arcades: 0 for 2001 Auto Dealer/Yard 0 for 2001 Carnivals: 1 for 2001 Christmas Tree Sales: 0 for 200t Cigarette/Tobacco Sales: 21 for 2001 Courtesy Benches: 22 for 2001 $250 $200/each $ 25/each = $550 will be $50/each 3 were waived (City) Contractor Licenses: General: 31 for 2001 Asphalt: 4 for 2001 Excav/demo: 7 for 2001 Cone/masonry: 9 for 2001 Stucco: 2 for 2001 Heating: 59 for 2001 Plumbing: 57 for 2001 Windows/siding: 8 for 2001 Sign Installers: 13 for 2001 Comm. Roofing: 5 for 2001 Fuel Tank Contr. 1 for 2001 $50/each $50/each $50/each $50/each $50/each $50/each $50/each $50/each $50/each $50/each $50/each Gaines of Skill: Apache Theater 5 games $90 Dick's Place 4 games $75 VFW 3 games $60 K Mart 1 game $30 BW3 8 games $135 Pro Billiards 30 games $465 Dennys 1 game $30 Star Bar 8 games $150 Mady's 5 games $90 500 Club 1 game $30 Tycoon's 4 games $75 Kennels: Massage License Motor Vehicle Rental Vehicle Sales: Credit Union 30 Min Auto Serv. Motor Vehicle Fuel Dispensing: Jeff, Bobby... SA Emerson's Col. Hts. Rental-LP Avanti-Food n Fuel Holiday Conoco Univ Auto 0 for 2001 0 for 2001 1 for 2001 $ 5O $200 $200 $160 $140 $100 $ 50 $200 $180 $I00 $ 8O Pool HallfBilliards Pet Shops Pawnbrokers Popcorn, food catering vehicles: Precious Metals Dealers Second Hand Merchants: Unique thrift Salvation Army Budget Computer S avers Junklin Jewels l for2001 l for2001 0for2001 0for2001 0for2001 $100 $ 50 $100 $100 $100 $100 $100 + $100Invest. Sex Oriented Business 0for2001 Taxi Cab Drivers 23 for 2001 $25/each Taxi Cab Vehicles 19 for 2001 $75/each (Suburban- 15/Mealey- 1/Gopher- 1/Bournich- I/Green & Wht- 1 ) Transient Merchants/Peddlers: D. Froehlich 4 days $250 Erik Johnson 1 day $ 50 Justin Tmckenbrod 1 day $ 50 Jerry Johnson 2 days $100 Should havebeen $200??? Tree Contractors: 12 for 2001 $50/each Beer Sales: Off Sales On Sales & Off Sales Tycoon's Dick's Place 500 Club Temp On Sale 6for2001 $150/each $687.50 $550.00 $550.00 0 for2001 Liquor Licenses: TEMPORARY ON SALE: ICC Fun Fest ICC Fundraising Dinner Lions Jamboree Fees waived $I00 Fees waived CLUB ON SALE: VFW $500 LIONS $300 + $500 Invest fee SUNDAY LIQUOR-0 FOR 2001-SEE OTHER LIQUOR LICENSES ON SALE LIMITED LIQUOR AND SUNDAY LIQUOR: Mr. Steak (Class E) $5,500 ON SALE LIQUOR AND SUNDAY LIQUOR Star Bar Class B/C $6,500 Mady's Class B/C $6,500 BW3 Class B/C $6,500 LaCasita Class B/C $6,500 ON SALE WINE Udupi $2,000 Tycoon's $2,000 Sahib's $2,000 Jang Won $2,000 Puerto Vallarto $2,000 Udupi $2,000 + $400 Beer + $400 Beer + $400 Beer + Invest $550 + $400 Beer + $400 Beer + Invest $2,000 + $400 Beer NEW LOCATION COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: September 10, 2001 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: L~ _ ~ ~ CITY MANAGER APPROVAL ITEM: Proposal for services from TGS BY: Walt Fehst BY: Partnership DATE: September 6, 2001 DATE: NO: Background: Attached is a proposal from TGS Partnership to help the City evaluate and consider various properties within the City. The proposal would allow us to consider various properties and would only commit the City to fees for service should property be acquired. Conclusion: The City met with two firms interested in providing this service for us. We are recommending TGS Partnership because we feel they have a better understanding of the local market. Recommendations: To authorize the Mayor and City Manager to enter into an agreement for service with TGS Partnership. Recommended Motion: Move to authorize acceptance of the proposal for service fi.om TGS Partnership and authorize the Mayor and City Manager to enter into an agreement for services. COUNCIL ACTION: TGS PARTNERSHIP 3050 STINSON BLVD, N.E. ~ MINNEAPOLIS, MN 55418-2322 Phone 612-789-7553 ~ Fax 612-781-2002 August 16, 2001 WALTER FEHST, CITY MANAGER CITY OF COLUMBIA HEIGHTS 590 40th AVENUE NORTHEAST COLUBIA HEIGHTS, MINNESOTA 55421 DEAR MR. FEHST: ENCLOSED PLEASE FIND OUR PROPOSAL FOR YOUR COMMITTEE TO CONSIDER PERTAINING TO RETAINING OUR COMPANY TO HELP THE CITY OF COLUMBIA HEIGHTS IN STUDYING AND HOPEFULLY EVENTUAL ACQUISITION OF VARIOUS PROPERTIES. WE WILL BE MOST HAPPY TO ANSWER ANY QUESTIONS AT ANY TIME. PLEASE CALL THE ABOVE PHONE N-UMBER OR YOU CAN CONTACT US AT HOME. (TOM 612-789-2949 OR GORDIE 612-781-2002) I'GS PABI11F. IISIIIP 3050 STINSON BLVD. N.E.- MINNEAPOUS, MN 55418-2322 Phone 612-789-7553 - Fax 612-781-2002 August 16, 2001 PROPOSAL TO: THE CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E. MINNEAPOLIS, MINNESOTA FROM: TGS PARTNERSHIP REAL ESTATE BROKERS SUBJECT: THE ACQUISITION OF VARIOUS PROPERTIES FOR THE BETTERMENT OF CITY OF COLUMBIA HEIGHTS, MINNESOTA. WE, TGS PARTNERSHIP, AN ENTITY REGISTERED WITH THE MINNESOTA SECRETARY OF STATE, PROPOSE TO PERFORM VARIOUS DUTIES 1N THE PURSUIT OF PROPERTIES IN THE CITY OF COLUMBIA HEIGHTS FOR VARIOUS USES BY THE CITY. WE PLEDGE TO NEGOTIATE FAIR AND REASONABLE PRICES FOR SAID PROPERTIES AT THE BEHEST OF THE CITY WITH THE INTENT OF SAVING THE CITY BOTH TIME AND MONEY. BEING BUYERS BROKERS, IT IS IN OUR BEST INTEREST TO NEGOTIATE A LOWER. BUT FAIR PRICE FOR PROPERTIES. OUR CHARGES FOR SERVICES: SEVEN PER CENT OF THE FIRST $100,000.00 OF THE PR/CE OF ANY PROPERTY ACQUIRED THROUGH OUR EFFORTS AND FIVE PERCENT ABOVE $100,000.00. IF POSSIBLE, THESE MONIES WILL BE MADE A PART OF THE PURCHASE PRICE. REIMBURSEMENT OF ANY CHARGES FOR THE FILING OF ANY DOCUMENTS AND FOR THE PAYMENT FOR ANY OPTIONS THAT THE CITY DESIRES TO MAKE. IF NO PROPERTY OR PROPERTIES ARE ACQUIRED, THE CITY SHALL NOT BE CHARGED FOR ANY WORK PERFORMED BY SAID PARTNERSHIP OR BROKERAGE OR ITS AGENTS. IF ANY OTHER POINTS OR MEASURES OR CHANGES ARE NEEDED, PLEASE CONTACT US FOR IMMEDIATE RESPONSE. SINCERELY, CITY COUNCIL LETTER Meeting of: September 10, 2001 AGENDA SECTION: ~_/~ _~ ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: ShelleyHanson~X~' DATE: ~,/~f~g NO: DATE: September 7, 2001 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the September 10, 2001 City Council meeting. This agenda consists of applications for various contractor licenses. At the top of the license agenda you will notice a plu'ase 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 September 10, 2001 as presented. COUNCIL ACTION: ?O CITY COUNCIL September 10, 2001 Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA LPPROVED BY IUILDING OFFICIAL CONTRACTORS *Quality Heating & AC *Dalbec Roofing Inc *Barnes Plumbing Co *Eagle Sign Co. *DeCheney Roofing Total Air Supply *Security Fence & Const LICENSED AT FEES 12912 Ventura Crt #21, Shakopee $50.00 2285 Daniels St, Long Lake $50.00 3923 Washington Ave No., Mpls $50.00 9510 Yorkshire Ln, Eden Pr. $50.00 18520 Jivaro St NW, Oak Grove $50.00 541 No. Wheeler St, St Paul $50.00 4831 Washington St, Col. Hts. $50.00 icense agenda '/07/200 t~ IN I) D E SC F;,' I P T I 0 N COMMLJNIT'Y I)EVE]...OPMEbFY' F:'UHD ANOK¢~ (:;OUN"I"Y CDBG I::'AF;,'KV;I:iEW V]:L.I...A I'IOF1TH IEcoIqoIglC I)IEVIEI...OI::'MIEi'4T ALrI'H STATIE A:[D MA]:I:ITIEIqAI-ICIE I::'¢:'d:t:I'(,V]:IEI,~I ',.,'tl...I._A SOUTH CABI...iE T!EI...IEV :I:,S 1: ON F;.'lll]q"f' A L. 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JNT iI,IK CHECKII- 3 AC:COUI'-!T DIESMOI,ID I...AW Cq::'F'ICIES 1::' A A);)VANCE:D (}RAF:'H:[C'~i; SYSTE]"I AID E].,.E:CTRIC SIERV]ZCE ]:NC AT & T CONSUMEI~ I...EASIE ATLAS; AUTO BODY BA K KIEN/CHEF~YI.., BCA%.CJDN C Cd,II::'IE F~E]'ICIZ BEI_I..BC)Y BAR SUF:I::'LY BOYI., Al'l/K ]: M BRADI..EY RE:AL ES'T'A'f'IES BRIEC: KIEN I TCH/I...AUR :[ [H"IANHASSE]q D I NNIEF~ [;1"1 ]: ~; A [{lO I...A KE~ COCA-COLA BOT'I"L]:N[}) M]:DWIE COi..UMBIA I"IIE]]GHTS I'-IOUS]]NG COLUMBIA I"IE: :[ GI'4TS DAVE]S; SF:'OR"I' SHOF:' D:[AMC)ND AUTO GL,ASS IEAGt..E: WINE COMPANY EAST SI:DE BE:VIEF~AGE: CO E] ]) I..U I',t ~) / D 0171 I'ID A (3E]qU]:NE: F;'AF;~TS/NAF:'A AUTC) ():d:;:AVES/AUDF;:EY GR]:GGS-COOF:'IEI:;~ & CO HAMAN/L,.EX]NA I"IOHIENSTIE ]: NS JOHNSON BROS., I...]:QUOR CO.. JOHNSOI".I F:'AF:'IER & SUF:'I::'LY C KUETHIER DIST,, CO,. L.U KIE/MAI:~ ]: ON MARK V:I::I: D:I:S;]'.. MCF:'A'"MN CR]:ME WATCH MED]:CIIqE: I...AKIE TOURS MEFf'I:~OCAI...I.. '"' ATT IdlESSAG]]q M ]],INE:SO'TA CROWN I~K]R'IH S"f'AR ICtE OSMAN/ATTE]=' I::'AUST]:S & SONS I::'E P S ]: -COI...A"- 7 F:'EYf'ERS/SUS~N F:'Ef'TY CASH .... KAREN MOE]..L F:'I"I]:I...LIPS WII',IE & F:'F;: I OR WINE; QW!TST COMMUN]:CAT]:ONS I:~IE'TA]:L DATA SYSTIEIdS C)I::' SL..tJC 7 ,.~ ," 4,. 19. 961 .. 20 :?,. -~' 44- .L -,,. ;. ~,. 489 ,. 18 93946 47.82 93947 1,6:12 .. 80 9 ;3948 42. :.' ':? 9;~9'49 50., O0 , ,.~ -~ ,](, '9J~95:1. 10 .. ()0 93954 2. 900..00 ~:~ 3 <;' 55 .I. 4 ,:... ~: .... 9:~9'36 159 ,. 94 ,, -, ,. ? &9, :1.75,.00 93959 ~;~ "; 5 .. 11 93960 :1., 918 .. 00 9396:1 .... U ........ 93962 4 ~. o,.8,.80 93964 1 Y .I... 0 ,. 93965 4()., O0 93966 880., 93 93968 18, 93969 ~.x.., ,:.0'.* ,. :1.8 9397() '" 9:.3971 ~%6 , 8f:~8 ,, 9C 9J;972 40 .. C.O 939'7,:~ 93974 :L 8(). 00 , .... ,.. ~ 064 ..... "" "* 50 93977 *:..I. ~:* .. 9 39 '78 43., "27 93979 '*,.'*" 7' ' r,) ;?.5 ,. 00 -~,. ~ .l. 690 84 93982 174 ,. 65 93983 235 .. 78 Y,. * B4 88 .. :LO " '" <"" "' 79 ,., y,:~ ,. ,:., 007., 9' 3982 200 ,, 42 <'"* ,.*"" '"'-/d '" "~', 4 ,,"' .. (' Check. H:i. story .,Hb..,I,, II1 ~ JI-,, ~ VIE N D 0 R C:HECK NUMI-3E]:;,' AM 3UNT [NK CHEC'K]]'-IG AL,L,[. UN f S O R E N S O N/" TI:;,'UI::'E]/' DOL..(]RE W]ZNE COMI::'ANY/THE~ W(]F;~L.D CLASS WIb!E] XCEL. E]',IIERGY (N S F:') AWWA AWWA MIll',IN SECT]ION I-'IIEAL-FH BE]...I...BOY BAR SUF:'F:'L..Y BE]..j..,B[)Y CORF:'ORAT ]X)N B I F:F:' ' S, I NC. CI.ARK I::'OODSEF~V I CE COCA-COLA BOTTL.]]qG MIDWIE [][:)MF:'LJMASTER E:AGLE: W:ENE: COI~ff:'ANY GENU]]qE: F:'ARTS/NAi='A AUTO G R ]: (:.iG E;- CC[OF'El:;: i.-IC)I"IE N S T E I N S :[ N C JOHNSON BR(]~. L..]]QUOR K JE E~]::' ]] NC/TJ-.IE i<UIE TI.-JlE F~ D ]] ~3'Ti'. MARK VI]I: DIST,, ME:'II:~'.O [:AS4"I I:~E]G]:STE]::; SYST M]]qNE:SOTA CROWN DISTI~ZBU MN DEPT OF:' !"ilE~L..TH MN F~URAL WATEF~ ASSOC IqORTH STAR IC:IE hJOl:;(f'l"JE~]AS]" ~TA]"E: BANK NORTHIERN AIR OF:F: ]:CIE DEF:'CY~' F:'C SOI...UT ]: o!qs I::'1' I]]... L.. I F:'~ F:'R :[ OR W]:NE QUAL.ITY W I IqlE (;)WEST C:OMMLJN ]: CAT' ]: ONS RELIANT E]qlERGY M]:NNEGASC RETA]:L D~'¥A SYSTEMS OF M SCHINDL.E]:~ EL..EVA]'C)R CORF' UNIVERS]:TY OF: MtNNE:SOTA VIER ]:ZON W I F~E]...ESS V ]:C'FORY CORPS XCEL. IENERGY (N S F:') 93990 ")") 9,. 72.1. 4',5 ,, O0 939"-;~'2 I, 077., ',".%4 :?,: ;' ;',:) ,46,:. ,. 93995 350 ,. 00 -~,. ? 2',4) 285 .. 00 93997 663 ,, :l. 1 94000 99,g ,, 60 94001 840 ,, O0 94003 71 C... ?0 94C()4 399., 00 94006 511.00 94007 1 ~'5 ~;~ ,. 49 94008 Ti., ];",".SS') ,. 98 940()9 " '""¥'"' '"0 94010 Ti.., 206 .. ,..L 94011 58 ,. 94012 ];[~ 6, 084 ,, '20 940:1. 4 2.62., ,' ',.. 940 Ti. !i :L Ti. 3 ,. 0 940 Ti. 6 96 ,. 0() 94017 Ti. 50 ,, 00 94018 691 ,, 16 '7'40 Ti. 9 1, ';;'~: 0 ,. O0 94 () i':'(' 493 ,. 45 94()21 117., 84 94022 "" '~ "~ : "; ':'"' ""': ':' ,4) ;-- 40,,..,.~ ; - -:' .. 94 ():;[:4 672.. ~:."'""' 94()~: 5 2, :526.60 94026 10,87(),. 05 94<)27 Ti. ];'9 .. 9 :L 4,,:. ) Ti., r~,'.Ti. 7 9405:9 42 :L ,, 42 o ¢'.~ r-r 3 ," 186 ... 94031 .. ,.~ ,) ,. 6.1. '? 403:/:'. Ti. :L 0 ,, ()(' 94033 10.2:1. ':74 () :54 ,L 6,:.) .... 94035 .I / ....... 94036 5. 430., 54 C F'!h!ANCZAL, SYSTIEM CiIiTY 01=' COLLJH.'[~IA I"IE I /C'2/2()01 10 Gl... 5 4 0 F;~'"' V () 6 ,, .~;'2 PAGE 3 [:; I"m.:. c: k I-.hi. s t o r'y CI-.IIEC K I..I ]X-S T(]F;,'Y VIEt',I:DOR CHECI< NUMBEF;,' AM[JUN]" hlK CHECI<];NG A[]COUhlT AF'F']:NITY I::'L. LJS F'EDE]:;:AL. CR F:'IF;~S¥ COI'dMIjM]:TY CREDIT LJ HI~;A[ .'f'H PARTNIERS ]:CMA I:;:IE'¥IF~IEMIENT 'f'RUST 45 JI;~]::'I::'IE R S ON I::' I LO"I' MN CH]:I...D SUF:'F'ORT F:'AYME]qT C]!:;:CHARD TI:;:UST COMF:'ANY I::'E]:;¢A F:'UBI..]:C MANAGEF~S ASSOC]ZAT UN :1: CB'I 320 UN I'TtED WAY VAN T'AGE]::'O I NT TRANSF:'E]:~ .... WIEI..LS I::'ARGCI .... F:'AYF;;OI...L, AC WI DIEF:'AI:;~TIdE]'IT Ol= RE:VENUE: VA!',ITAGEI::'O :1: NT TF;:AI',ISF:E]:;: .... Wi: DIEF:'ARTIdE]qT C]F' F~E:VENLJE; ACtE HARDWARE ADT ADVANCIE DF;h~]]hIAGE; SYSTEMS AMEF;:];CAN PAYF;;OI..L ASSOC:I:A ANOKA COUNTY .... GOV'T CEN AI',IOt<A COUNTY PROPEF~TY RE ANOKA CTY .... CENTI:~AL COMM AF:'I::'I.. E:S E]E D I:;dECRIEAT ]] ON ASI::'IEI~I M ]]...I...S, A~SOC) COI'.ISTI:~U(:]:TION I::'UBI...]] ATLAS AtJTO BODY AWWA MtNI',t SECT]:ON HIEALTH BAF~NA GtJZY & STIEF:FIEN LTD BA'T-FIEI:~Y C]:TY II',IC BAUIEF~ BtJ]]L'f' T']]RE .~< BATTE BOYIER TRUCI< F:'ARTS BU :I]...D ]] I',IG I::AS TENIEF;:S CATCO F"At:¥T'S S!EI:~VIC!E CHE]'d SIE A F;;CI'~ CLARI< F'OODSE:RVICIE INC COI...UMB]]A I.-IIE]]C)HTS I:~IENTAL COMM];SS]]OI',IEF;: Ol::' "FRANSI::'OF;~ CONIqE]..L.Y INDUSTF;'.]]AL ELIEC CF~IEIGHTOI~I BRADLE;Y GUZZE;T DANKA DAVIES--NCq:;~THIZRN WATIER WK DIEI...IEGAF~D TOOL. CO. DIETERMAI'-I BROWNilE, INC IEMEF;~(SE]'.ICY MED]:CAI... F:'F~C}DUC IEMF' 94037 5 ~i~;4 .. 77 94038 ~?, 605 ,. O0 94039 42,142,, 54 94040 .t. 0,584 ,. ;?.8 94041 6 :L 8., 78 94042 745 ,. 77 94043 6,08 D ,, 38 94044 ?.5,347.47 94045 40., 00 94046 98:L ,. 92 94047 35.00 94048 200 ,. 00 94049 143,897.84 94050 97.45 9405 :~ 200. O0 94053 97,.45 94055 232.23 94056 540 ,. 06 94057 D,278.74 94058 155 .. 00 94059 15.73 94060 1,159.42 94()6:1 225. O0 94062 i?:31 .. 33 94063 4~79. O0 94064 44.50 94065 109.2] 94066 553 .. 25 94067 195.00 94068 223.50 94069 119.26 94070 2,875,, 50 9407:~ 1,220.51 9407?. 61., 64 94073 79.23 94074 358.60 94075 53 ,. 29 94076 ;I. 29 ,, 35 94077 80.00 94078 478 ,. 85 94079 I, 211 .,38 94080 27. O0 94081 2,503.73 94082 98 ,, 23 94083 78.95 94084 84 ,. 60 94085 270.17 Chs:, c I< H · ~ 't ) r '~/ Ct..IIEC I{ I--I ]: S TCII:~Y ,I. '~ (:)l::' C(:)I.,.IJM)}:~:I:A I..IE:]:(~iH"J'E~ V E: N D 0 R (:}HIEC I< I'lJ L..I Itl :({~ [i]]:~ A M(:)Ut',tT F:'AC'TOFRY MO'TOR PAR'TS ]:NC F:'AI .C(]hl C(]MM L)I'.1:1: C A T ]: (] his I:'MX 'J'URI::' PR(]DUCTS I::'(:)(::'l..,i~ ~.:; & K SEI:RV]:CIES GAI..I...AGHEF:~ & COMI::¥~NY 01:: M G :1: L.B!EI:~T ME:CHAN ]:CAL. G I... E:I'-I C~ E)(:)):) NE:]:NR:I:(~::I'-[ EI',IVE:I...(]J::'IE COt:RI::' I--IO0~?ER W?.II~:I~:L AL:I:G!,IME:I~IT ]:KON OF:'F:I:CE '.~OI...UT:I:ON ]:NDL.ISTR:I:AL MACH]:hlE:RY CO :t:I-..IS'Y'RUME:hrrAL RESEARCH ]:N ;I;I,.!TE:EiFRATIED LOSS CONTI:~E~L J :i: NDF~A/I::'ATFR :[ C :1: ~ JOHhlSTOhlIE SUPI::'I...Y CO JFRK, :!:hlC I... A S E R T E C I-.I N 0 L 0 EiY LOCATORS ~ SUI::'F:I...]:ES L Y1..,IE S:I:GNS L.YNDE COMF:'ANY MALIMA MCI: WORL)}COM COMFI SIEI:RV:[C MIEhlAR'DS CASHWAY LLIMBE:R...-F METRO F:' :[ I:::E FIE:TI:~:OCAL. L. --.- ATT MESSAG:I:I',I M ]: D....NOFR T HE]:::I'4 E:LECTF::]:C M]:DWAY I::'ORD M:I:~)WEST ASF'I-.hql...'Y CO.. M]::OWIES"J I..OCK ~: SAF:'E: M:I:NIqE:AF:'OL.]:S SAW CO. M:I;NI',IESE[Y¥~ C]:TY/CNTY MGMT M:[I-,!NESOTA COUNTY A'f'TOFRNE M :I: FRACI...IE I:;:E:CRI~:AT :1: ON M ]: f'IEL H]:E;HWAY SAFETY & MN F:'OLI,..UT:I:ON CONTI:ROI... AGE MN STATE I::':I:F::E CH]:EF'S ASS 1,1(::~t:;~'1'1.-I CE:NTRAL AMBULAIqCE h!ORTH S'TAI::~ ]:NTL TRUCI< :I:N NORTHEASTER OCCLIF'ATZONAL DEVIELOF'ME:I'.rT OF:'F ]: CE: DEF'OT PAI...DA AND S(]I'-IS :I:NC ~}:'4087 ...... I.. 0 ~74()88 ,~:., 1 ,. :, ,. ,.~ ~? ":~ () 8 ':? 407'. ~74()? :J. 2., 7:1. ~?. O0 ...... -, .~ .[...)~ .. ~...~ ~ ~:~ 0 ? ~ "~ r ....... 9'40?7 :1.2.:1.. 43 ~:~ .1.. ,.) ,. ' ' ~?4()~R~R 1 :L 5 ,. O0 ~74 :L O0 ,f)() 2 ,. ~)0 ~7410:1. '?()., 00 ?4:1. 04 74 .. ~R4105 d~, 000 ,. 00 44. ]. ~ 4:1. 0 ~R 12'. 2 ,. ?4 :I. :1. 0 'Z~(]., R J .L ]... d). 02 ~? 4:1. :1. ;;:~ '?'"" ?4]. ].4 :~.4 .. ].4 74:1. 15 4:1.8.05 ~:~ 1:1. 8 4 '~ ,, <~411 <~ /%5., O0 ~4120 84 ,, 00 ? 4 :L ]:] 1 34.70 94:1. ~?.3; ?.3(' ~0 ? 41 .:.4 I , 004 ,, 00 ~, ~ .I. ,...) ..... ? 4 .I. ~..d ........ <741. ~'.7 44, 270 ,, O0 ?4 ]. 28 :1. d:, ,, ?4:1 Z¢O d~2':Z~ ,, 4 ].... 1. 9'?:1. ,, ..... :"";' 34:L "*~ ' '"'"'" ¢ 4.1...~.. ',,"02/20() it 10 GL. 540FL'."-'V06 ,. 27 I;:'A(.)IZ Check. History [;I--!!~ilC K VEI'.!DOR CklI~ZC K NUMBER AMOUNT iNK CHECK]]',IG ACCOUI,I¥ F:'AF;,'TS AE;SOC]]ATES INC F:'C ~i~OI..U'¥' ]]ONS RHYTHMS RON KASSA CONSTRUCTION R U E T' T ][M AI'!I'I / R 0 B E R T SEARS COIqMERCIAL. OtqEZ SHORTY'S HEAVY DUTY WF~EC ST O'OSEPH ' ~'; SUBURBAN UT]]._]ZT'iES SUP'FS SUN F:'U BL I CA'¥ I (]l"d I AU"[(?;I~]~};, F;:I~]DF:'ATI"I, & CO,, , '¥EL. EF:qq(]I',IE~ AI,ISWEF;:II'!G CENT 'TWIN CI'T'Y '/"Fb~dqSPORT 8-: RE URS BRW its F]]i,,TERs%,IATI~]:L', PRO VERZZON W I F~EL..ESS WI.-II~]~],..IE~ R CONSOl... I DA"f'IE]D WW XI::'!~]C;T F:'tRST AID BARNA GUZY 8.: STEF:'F:'E],I I..T'D )]AL.lEFt'. BUILT TIRE ~.: BATTI~] F;:UE T T I I"~ANN/F~ OBE]~ T SUN PIJBL..IC;AT ION 'T'EL. EF:q.-K]NE AN~WEI:~]]'..IG CENT 94133 ].34 ,, 77 94134 5 ~, ~?.7]. 94135 26., 00 94136 ]. ~:]0.46 94137 2,3E~:8 .. 78 941 k;,;8 35., 00 94139 290 .. 65 94140 86,.70 94].41 479 ,, 2]?: 94].42 45 ,. 26 94143 125,,00 94144 126., ?0 94145 300 ,. O0 94146 ]. ~;3., 50 94147 257 ,. 26 94148 42,500,.65 94149 3,365.02 94150 342., 07 94151 169.65 94152 137 .. 62 94153 127.90 94154 223,. 50 94155 2,875.. 50 94156 35. O0 94157 126 .. 90 94158 133., 50 ],141,296..3]. *** CITY COUNCIL LETTER Meeting of September 10~ 2001 AGENDA ORIGINATING CITY SECTION: bt ~ DEPARTMENT: MANAGER Fire APPROVAL NO: ITEM: Close Heating BY: Dana Alexon BYT~~E.'~r Rental License Revocation DATE: September 5,2001 DA . NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against William Field regarding rental property at 4433-4435 Main Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of September 10p 2001. The public heating on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by William Field Regarding Rental Property at 4433-4435 Main Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 10, 2001 AGENDA SECTION: Items for Consideration "~ _ ~]. I ORIGINATING DEPT.: CITY MANAGER NO: Community Development PRgyAL, // ITEM: Ordinance # 1440, 1st Reading BY: Tim Johnson '~/~ BY:~~t~ NO: Rezoning request DATE: September 5, 2001 Issue Statement: This is a request to rezone the properties 11529 37t~ Avenue NE, and 1601 37t~ Avenue NE, from R-2 (single and two-family residential) to LB, (Limited Business) for the purpose of making both commercial properties consistent with zoning. Background: Both of these properties have housed commemial businesses since their inception, but have according to zoning records always been zoned for residential purposes. The 37t~ & Johnson Hair building was formerly a grocery store, but has been a hair salon since the late 1970's. Dave's Heating and Air Conditioning at 1601 37th Avenue formerly housed a water softener business and a floral shop but Dave's has been in operation since the early 1980's. Analysis: According to the City of Columbia Heights requirements, a rezoning requires the City Council adopt an ordinance identifying the proposed rezouing. The rezoning of the parcels described above requires two readings by the City Council before adoption. Ordinance # 1440 is an Ordinance to allow for the rezoning of 1529 37t~ Avenue NE and 1601 37th Avenue NE from R-2 (single and two-family residential) to LB, (Limited Business). This rezoinng is necessary in order to be consistent with the commercial uses that have always existed on both parcels. Rezoning to LB would allow for the future sale of these buildings to be used for legitimate light commercial opportunities, such as medical or dental clinic, office space, professional service or professional studio. There are also a number of other uses identified in the LB District in the attached information. An issue that was addressed at the Planning Commission level was the lack of off-street parking for the 1601 37t~ Avenue building. There is currently no off-street parking for this parcel. Obviously any future use of this building would need to be looked at for its intensity and required number of parking spaces. The 1601 37~ Avenue parcel can reasonably accommodate approximately 12-15 vehicles, which is currently more than what is required by ordinance for a hair salon. It should also be noted that the Metropolitan Council has reviewed the request submitted for a stmple Comprehensive Plan amendment to allow for the future use of these two parcels as commercial rather than low density residential. The Met Council indicated they have no objection to the rezoning and would support this Comprehensive Plan amendment. Recommendations: The Planning and Zoinng Commission held a public hearing and ananimonsly recommended approval of this rezouing request. Staffalso recommends approval of Ordinance # 1440 (attached), which is an ordinance rezoning the subject properties at 1529 37t~ Avenue NE, and 1601 37th Avenue NE, from R-2 (single and two-family residential) to LB, Limited Business. Recommended Motions: Move to waive the reading of Ordinance # 1440, there being ample copies available to the public. Move to establish September 24, 2001, at approximately 7:00 p.m. as the second reading of Ordinance # 1440, being an Ordinance pertaining to the rezoning of certain properties at 1529 37t~ Avenue NE and 1601 37t~ Avenue NE. Attachments: ~rdinance # ~44~; App~icant narrative~. LB pr~visi~ns; Site Plan; Re~~ning Map Area; Pub~ic N~tice; Sta~Rep~rt Z~ning Amendment findin~s' Application forms. Met Council letter COUNCIL ACTION: ORDINANCE NO. 1440 BEING AN ORDINANCE PERTAINING TO THE REZONING OF CERTAIN PROPERTY LOCATED AT 1529 37TM AVENUE NE AND 1601 37TM AVENUE NE Section 1: Section 2: Section 3: That certain property legally described as: The east 50 feet of Lot 3, Block 16, Auditor's Subdivision, of Walton's Sunny Acres 3rd, Anoka County, Minnesota; PIN # (36 30 24 34 0029); and That certain property legally described as: The east 26 feet of the west 56 feet of Lot 4, Block 7, Auditor's Subdivision, of Walton's Sunny Acres 3rd, Anoka County, Minnesota; PIN # (36 30 24 43 0042) To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-2, One and Two Family Residential District, to LB, Limited Business District, upon the effective date of said ordinance. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: September 10, 2001 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Case: 2001-0915 Page: 1 STAFF REPORT TO TH ~: PLANNING AND ZONING COMMISSION FOR THE SEPTEMBER 4, 2001 PUBLIC HEARING Case #: 2001-0915 GENERAL INFORMATION Owners: Addresses: Phone: Diane Neeb, Dave Roberts 1529 & 1601 37th Avenue NE Columbia Heights, MN (651) 483-4135; (763) 781-6901 Parcel Addresses: 1529 & 1601 37th Avenue NE Applicants: same Zoning: R-2, Single and Two-Family Residential Comprehensive Plan: LDR - Low Density Residential Surrounding Zoning and Land Uses: Zoning North: R-2 South: City of Mpls East: R-2 West: R-2 Land Use North: Residential South: Residential East: Residential West: Residential BACKGROUND Explanation of Request: The applicant~ have applied for the rezoning of property at 1529 and 1601 37th Avenue NE from R-2, Single and Two-Family Residential District, to LB, Limited Business District. Case History: There are no prior Planning or Zoning cases on either of these two parcels. However, the history of these two properties are such: The structure at 1529 37th Ave that currently houses the 37th and Johnson Hair Company was built in the 1950's and was initially used as a small grocery store. Following the grocery store, Commer's Water Softener used the space. Since the late 1970's, the structure has been a hair salon. The structure at 1601 37th Ave currently occupied by Dave's Refrigeration and Appliance, was previously a floral shop, but has been occupied by Dave's since the early 1980's. Both structures have always functioned as commercial businesses, but according to Zoning records, have always been zoned Residential. Case: 2001-0915 Page: 2 ANALYSIS Surrounding Property: The property to the north is zoned R-2, and is used residentially. The property to the west of 1529 37th Ave is zoned R-2 and is used residentially. The property to the east of 1601 37th Ave is zoned as R-2 and is used residentially, The properties to the south are in the City of Mirmeapolis. Technical Review: Rezoning The properties are currently zoned R-2, Single and Two-Family Residential, and the uses of the property are commercial. When evaluating a rezoning request it is important to consider how the proposed zoning change fits in with the surrounding area. Although the surrounding area is entirely residential, these two comer properties have always maintained some commercial purpose over the years. But for some reason, the properties were never correctly zoned for commercial purposes. Both businesses are currently considered non-conforming uses. The Planning Commission at their August meeting briefly addressed this issue and seemed somewhat favorable to consideration ofrezoning these properties from R-2 (Residential) to some type of commercial. As mentioned above, the property is currently used for commercial purposes but is zoned residential, as well as designated for future low density residential in the City Comprehensive Plan. Staff has submitted a simple Comp Plan amendment to the Metropolitan Council and has spoken with several Met Council staff about changing the land use designation from low density residential to commercial. The Metropolitan Council indicated that they are open to consideration of this minor change as long as the City decides to rezone the properties. Staff is waiting to hear back from the Metropolitan Council for an official approval on this issue. Thc 37th and Johnson Hair Salon if rezoned, would be a permitted use in the LB (Limited Business District), as it is considered a professional service and would be an appropriate use in the Limited Business District. Dave's Refrigeration could also be considered a permitted use in the LB District, as the business is also considered a professional service, but is a questionable use in this district because of its intensity. This particular business is a more intensive use than would typically be allowed in the Limited Business District. The business provides service repair on-site and utilizes a number of delivery tracks, which is more than the parcel can handle. The 1601 37th Ave parcel is 26 feet wide, which is almost entirely occupied by the structure, and has no on-site parking for employees, customers, or delivery tracks. Furthermore, passerby can typically view discarded appliances adjacent to the fenced dumpster along Johnson Street. This business would be a more appropriate use at this location if the parcel had parking and provided some sort of screening from residential property. Currently the delivery trucks park up on the curb which creates a dangerous situation at this comer for pedestrians as well as general traffic. This use seems most compatible in the commercial districts on University or Central Avenues. However, the business is considered 'grandfathered'. Case: 2001-0915 Page: 3 Minimum Yard and Density Requirements of the LB (Limited Business District) are as follows: Minimum Lot Area shall be at least 6,000 square feet - subject parcels do not meet this requirement; However, these are previously platted lots. Minimum Lot Width shall be 40 feet - subject parcel at 1529 37th Avenue meets this requirement with 50 feet of lot width, but 1601 37th Avenue does not meet this requirement with a lot width of 26 feet. However both structures are 'grandfathered' Front Yard Setback shall be 12 feet - both structures were built a number of years ago and both structures are within a few feet of the front property line, but are considered 'grand fathered'. Side yard shall be 15 feet and comer side yard shall be 10 feet; Both structures are approximately a few feet from the comer side yard property line. Required Findings: As indicated in the new Zoning and Development Ordinance, the Planning Commission and the City Council shall make each of the following findings before rezoning property: · The amendment is consistent with the City Comprehensive Plan - The Comprehensive Plan currently designates these parcels for future low-density residential use. However, the City is waiting for the Metropolitan Council to determine if they will recommend for a future land use change from low density residential to commercial. · The amendment is in the public interest and is not solely for the benefit of a single property owner - The rezoning is being requested from two business owners. The two owners are requesting that they be rezoned so that appropriate future commercial uses in these structures can be considered legal conforming businesses. · 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 - Staff believes that a rezoning to LB (Limited Business) zoning will not adversely effect the neighborhood. The parcels have always been and are currently being used for commercial purposes, and a rezoning to LB would be a practical solution to legitimize the future of these commercial structures. The Planning Commission had asked for a list of permitted and conditional uses for the LB District (see attached or Page 10-2 in ordinance). As indicated in the ordinance, the purpose of the LB District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. · Multi-family dwellings are allowed in the LB, but neither of these parcels would be large enough to accommodate high density housing. · Government offices are allowed in the LB, but neither of these parcels would be large enough to accommodate this use. · Public park and/or playgrounds are allowed; This could be an appropriate future use of the 1601 37th Avenue parcel if the building was ever demolished. · Medical, dental, veterinary clinics are allowed. However, neither site could support a Case: 2001-0915 Page: 4 large clinic of any kind. · Office space would be ideal for both of these buildings, but the parking would still be an issue for 1601 37th Ave. A small office of some sort would seem to be an appropriate reuse for 1529 37th Avenue. · Professional service or professional studio would also be an ideal reuse for these buildings. Dave's space would be ideal for a studio of some sort because it wouldn't generate the traffic that currently exists. But it would depend upon the type of business and its needs, especially parking. · Retail Sales and a Coffee shop/deli (subject to CUP) would also be an appropriate reuse for the 1529 37th Avenue location if rezoned to LB, but these uses would need to be evaluated for parking needs as well. An issue that should be addressed is the off-street parking requirements for these parcels. Obviously both businesses are considered 'grandfathered' even without the zoning change, but future uses will need to be analyzed in relation to intensity and need for off-street parking. The 37th and Johnson Hair Salon parcel has more than the required number of parking spaces for its use. However, Dave's Refrigeration and Appliance has zero (0) off-street parking spaces, and any future use of this space would not have any either unless another site were used or a shared parking arrangement could be made. It is possible that the 1529 property could be used to achieve some off-street parking for the 1601 property. It should also be mentioned that several adjacent residential property owners have contacted staff regarding this issue and have expressed their concerns about this rezoning issue. The neighbors expressed their fi'ustration mostly with Dave's Refrigeration business, including outside storage, and vehicle parking and unloading. Several neighbors were also concerned about any future business opportunities in these structures and their potential impact on the neighborhood. The Zoning Ordinance requires that all off-street commercial uses shall provide appropriate screening from adjacent residential properties. Required screening shall consist of a fence, wall, or earthen berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future low density residential development. However, staff has submitted a simple Comprehensive Plan amendment to the Metropolitan Council addressing this request for future land use change, and should be receiving a response shortly. It should also be noted that these structures have always maintained some form of commercial use so a change in the future use of this land to allow for commercial would seem to be consistent with prior uses. Summary: The positive aspects of this proposal are as follows: 1. Rezoning these properties to LB, (Limited Business) will allow for the properties to be Case: 2001-0915 Page: 5 sold in the future for legitimate limited commercial opportunities. 2. Rezoning these properties to LB will allow for the zoning to be consistent with future land uses. The negative aspects of this proposal are as follows: 1. The proposal does not comply with the recently adopted City Comprehensive Plan. 2. The issue of spot zoning could be argued, but staff does not believe that the rezoning of these two parcels would necessarily constitute spot zoning. Conclusion Staff Recommendation: Staffrecommends approval of the rezoning of 1529 and 1601 37th Avenue NE, from R-2 (Single and Two-Family Residential) to LB, Limited Business, as the proposal is in the best interests of the public, and these buildings cannot reasonably be put to use under current residential zoning. Recommended Motion: Move to recommend City Council approval to rezone 1529 37th Avenue NE and 1601 37th Avenue NE from R-2, Single and Two-Family Residential District, to LB, Limited Business District, as the rezoning is consistent with the commercial land use, and these buildings cannot reasonably be put to use under current residential zoning. Attachments: Completed Application Form; Applicant narrative; Lira/ted Business Distxict provisions; Zoning Amendment findings; Revised Site Plan; Rezoning Area Map; and, Public Notice Ted Yehle Donna $cbmit~ Stephan ,Johnson TamBra Ericson PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, September 4, 2001. The order of business is as follows: A request to rezone properties located at 1529 and 1601 37~ Avenue NE, from R-2 (single and two-family residential) to LB (Limited Business). The properties are currently being used for commercial purposes, but are zoned as residential. You are being sent this notice as your property is within 350 feet of this rezoning request. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.) August 20, 2001 TO: City of Coinmbia Heights Planning and Zoning Commision RE: Re-zoning request My name is Diane Neeb and I the owner/proprietor of 37th and Johnson Hair & Tanning Company located at the intersection of 37th Avenue NE and Johnson Street in Columbia Heights. I hnve operated my salon from this location fur over 20 yesre. Prior to thls, another salon occupied this building for a number of years. Prior a water softener business was located here. This building was initially constructed for a small grocery store. Earlier this year, I made a personal decision to sell my business. I comacted a local realtor and listed the propon'y. A small 2.person print shop made an offer, however upon checking into zoning it was discovered that my building is located in a residentially zoned area, As a result, I am having extreme difficulty listing and selling my prol~ny as a commercial building due the thn existin~g zomg req~. I believe that my property as well as the parcel across the smut now occupied by Dave's Refrigeration and Appliance can never he converted to residences. They were constructed to be used oomme~ally. The building occupied by Dave's Refrigeration was previously used as a flower shop. I am appealing to have these two parcels re-zoned as commer¢iaFlight hnsiaess so thnt I am able to sell my property. Dave Roberts, owner of Dave's Refrigeration, has expressed his concern about this zoning problem and fimls it needs to be changed. Under the on'rent zoning, I am only able to sell this building to another harber/heauty salon, a tannin_.g salntl or a Rails salon. This limits my ability to seli my property. Approximately 15 years ago, I ilrst attempted to sell my building but received no firm offers at that time. Neither then nor now have I received any offers from the salon, tanning or nails industries. I am requesting zoning of ~ two properties mentioned becamm over tho course of the history of these two properties, they were designed and used only as commercial/light business. Over the 20+ years that I have operated my business at this location, I have continued to maintain and upgrade its appearance. I am in the process of replacing the roof at the present time. I f~ a re~mmibiilty to keep the appearance of thi~ corner in Columbia Heights as attractive as possible and compat~"ole with the surroundin~ residential properties. However, with the existing zoning requiremems, I feel as though I am being emremely limited in my choices to sell. I hope you will consider this request to re-zone for my weB-being as well as for all Thank you for your attention to this request. Sincerely, Diane Neab, owrmr 37th & Johnson Hair Co. ~ 3940 3930 3856 3850 3844 3838 3831 3820 3825 3818 3816 3812 3801 3808 3731 3730 3725 3724 3716 1505 3945 3941 3929 3919 3911 3949 3936 3932 3926 3920 3916 3947 3944 3938 3934 3930 3918 3912 3908 3904 3900 1600 3850 3845 3842 3839 3836 3825 3819 3830 3820 3815 3813 3807 3801 3723 3719 3715 3707 3810 3812 I 3808 3804 3800 3728 3722 3716 3712 3955 3947 3939 3933 3927 3923 3917 3911 39093901 1818 1825 39TH 3952 3946 3940 3934 3928 3922 3916 = 3910 ~. ,, 1855 3843 3841 3825 3817 3813 3807 HAP, T 3801 LAKE 3719 3703 CITY OF COLUMBIA HEIGHTS ~pplication For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date: Case No: Fee: Receipt No: Date Paid Legal Description of Subject Applicant: Ovner: Zoning: Applicable City Ordinance Number Present Zoning a ,t4 t ,a Section .roposed Proposed Acknowledgment and St~ature: ~e ~dersigned hereby represents upon all of ~he penalties o[ law, for the pu~ose of ~duc~g the City of Col~bia Heights to take the action herein requested, that all statements herein are t~e and that all work herein mentioned will be done ~ accordance with the Ordnances of the City of Col~bia Heights and the lays Of the SC~ Ml~esoca.l~ Taken BT: ~ CITY OF COLUMBIA HEIGHTS ~pplication For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date= Case No: Fee: Receipt No: Date Paid Street Address of Subject mropertT: Legal Description of Subject Property.' Applicant ~ Address: /~ ~-7 /fOR Phone, 7G3 ' _ _ Description of Request: ZoninK: Applicable City Ordinance Number Present Zoning Present Use Reason for Request: Section Proposed Zoning. Proposed Use Exhibits Submitted (naps, diagrams, etc.) Acknowledgment and Signature: The undersisned hereby represents upon all of the penalties of law, for the purpose of inducin$ the City of Columbia Heishts to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of ~£nnesota. Taken ~ Metropolitan Council Improve regional competitiveness in a globo] economp September 4, 2001 Tim Johnson City Planner City of Columbia Heights 590 40Ih Avenue NE Columbia Heights, MN 55421-3878 City of Columbia Heights Comprehensive Plan Amendment Re-designation of Two Parcels from Low Density Residential to Commercial Metropolitan Council District 10 Metropolitan Council Referral File No. 18181-4 Dear Mr. Johnson: Metropolitan Council staff has completed its review of the City of Columbia Heights Comprehensive Plan Amendment, received August 28, 2001, to re-designate two parcels from low density residential to commercial. The two parcels were originally zoned and classified as residential in error, and this action corrects that error. Council staff finds that the comprehensive plan amendment is in conformity with metropolitan system plans, consistent with the Regional Blueprint, and has no impact on the plans of other units of local government. Therefore, the Council will waive further review and the city may place this amendment into effect. The amendment and explanatory materials supplied will be appended to the city's plan in the Council's files. If you have any questions regarding this review, please contact Greg Pates, Principal Reviewer, at 651-602-1410. Phylligvllanson, Supervisor Planning/Technical Assistance CC: James W. Nelson, Metropolitan Council District 10 Eli Cooper, Director, Planning and Growth Management Sandra Pinel, Sector Representative Cheryl Olson, Referrals Coordinator Greg Pates, Principal Reviewer ~vw.metrocouncil.org Metro Info Line 602-1888 230 East Fifth Street · St. Paul. Minnesota 55101-1626 · 1651} 602-1000 · Fax 602-1550 · TRY291-0904 An Equal Opportunity Employer 9.1003 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Commercial Districts shall be as specified in the following table. LB GB CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. MinimLtm Lot Width 50 feet 40 feet 20 feet Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. ft. Multiple Famil7 Dwelling Efficiency 1,200 sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sq. ft. Hospital 600 sq. ft. Building Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 15 feet None None Comer Side Yard 10 feet 15 feet 1 foot Rear Yard 20 feet 20 feet 10 feet Parking Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 5 feet 5 feet None Comer Side Yard 12 feet 15 feet 1 foot Rear Yard 5 feet 5 feet 5 feet Maximum Height 35 feet 35 feet Maximum Lot Coverage Floor Area Ratio 1.0 6.0 9.1004 LB, Limited Business District. 1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the LB, Limited Business District. a) Multiple family dwelling. b) Government office. c) Government protective service facility. d) Public park and/or playground. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-2 e) 0 g) h) i) J) Clinic, medical or dental. Clinic, veterinary. Funeral home. Office, not exceeding 4,000 square feet in area. Studio, professional. Service, professional. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enfomement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) t) g) h) i) J) k) 1) m) n) o) P) q) r) s) Religious facility/place of worship. Convent or monastery, when accessory to a religious facility. School, public or private, K-12. School, vocational or business. School, performing/visual/martial arts. Licensed day care facility, child or adult. Government maintenance facility. State licensed residential care facility. Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. Bed and breakfast home, when accessory to a single-family dwelling. Community center. Recreational facility, indoor. Recreational facility, outdoor. Single family dwelling, when accessory to a commercial use. Food service, limited (coffee shop/deli). Hospital. Museum/gallery. Retail sales, not exceeding 2,500 square feet in area. Hotel or motel. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the LB, Limited Business District: a) b) c) Private garages, parking spaces and loading areas. Accessory buildings. Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. Landscaping and other horticultural uses. City of Columbia Heights Zoning and Development Ordinance - Section I 0 Page 10-3 9.405 Appeals (1) (2) (3) Ri~gAppeal. At any time within 30 days after a wfitten~er, requirement, determina~r final decision has been made by the/ge¢iing Administrator or other official in~reting or applying this Ordin~, except for actions taken in connection with pr'0~c~ions for violations~la~reof, the applicant or any other ~ .~>~~ decision. _ .. A~be made by filing a written notice of ~dminis~at0~ and Planning Commission, and ~peciffe-g~unds upon which the appeal P~ sitting as th~ Boar~ _ Appeals and Ad~ ac.cord .a~?~_w, ith !he ~e of the hearing, the Plfilming ommission shall render its findings. 9.406 Zoning Amendments (1) Right of Application. Amendments to the text of this Ordinance or to the district boundaries on the official zoning map may be initiated by the City Council, the Planning Commission, or by application of any person with a legal interest in the affected property. (2) Application for Amendment: An application for an amendment to change the district boundaries on the official zoning map or the text of this Ordinance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a map or plat showing the lands proposed to be changed, a concept development plan and any other information determined by the Zoning Administrator to be necessary. (3) Public Hearing. The Planning Commission shall hold a public heating on the complete application for a zoning amendment and all amendments initiated by the City Council or Planning Commission in accordance with the requirements of this Section. After the close of the heating, the Planning Commission shall make findings and submit its recommendation to the City Council. (4) City Council Action. The City Council shall make the final decision regarding an application for a zoning amendment. Amendments of this Ordinance or the district boundaries on the official zoning map shall require a four fifths (4/5) majority vote of the City Council. (5) Required Findings. The City Council shall make each of the following findings before granting approval of a request to amend this Ordinance or to change the district boundaries on the official zoning map: City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-6 The amendment is consistent with the Comprehensive Plan. The amendment is in the public interest and is not solely for the benefit of a single property owner. 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. 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. 9.407 (1) (2) (3) Variances this zonin The purpose of a variance is to provide a · ' of this Ordinance where strict because of cimumstances unique to the Io allow a variance for a use that is not 3· of departure from the would cause undue I! intent of within a particular Any person with a property may file an Application for Variance. Zoning Administrator plan and any other necessary. for a variance shall be filed with the shall be accompanied by a site by the Zoning Administrator to be (4) Public Hearing. The Plannin sitting as the Board of Appeals and Adjustments, ~hall hold a hearing b~x the complete application for a variance in at ,ord~ tce ~ it) uiremer s ot~ais Section· After the close of the heating, the t [annil ~ Commission shall m~l~e findings and submit its recommendation to th7 ty Council. ~ (5) City Council Action.ffhe C ty Council shall make the finalX[ecision regarding an application for a vgatiance from the provisions of this Ordinate. Approval of a variance shall req~re a simple majority vote of the City Council~x / x (6) Required Findil~gs. The City Council shall make each of the follow~g findings before grantinl{ a variance from the provisions of this Ordinance: ') City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-7 CITY COUNCIL LETTER 2001 (~ouncll Nleeun oi: ~2~pt~illO~l AGENDA SECTION: -7 - ~-~ ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY: WILLIAM ELRITE BY: PROPOSED BUDGET FOR THE YEAR 2002, DATE: 0.9/.05/0~j,~,-.-- DATE: ,- / SETTING THE PROPOSED CITY LEVY, APPROVING THE HR& LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET MEETING DATE FOR PROPERTY TAXES PAYABLE IN 2002 At the City Council meeting of August 27, 2001 the City Manager presented the proposed levies for 2002 for the City, the Library, the EDA, and the HRA, along with a summary of the proposed budget and a synopsis of the City Manager's budget message. This information was scheduled for further review at a City Council work session on September 4t~. Under the current law it is necessary for the City to certify a proposed levy, proposed budget, and thc optional Truth in Taxation hearing date to Anoka County by September 15th. Please note that the City is not required to hold a Truth in Taxation hearing; this is optional. On or before December 28, 2001 the City must certify a fmal levy to the county auditor. The final levy can be less than the proposed levy, but it cannot be more than the proposed levy. In addition to the City's local levy, the county collects and distributes to cities an area-wide fiscal disparities tax. This area-wide tax increased last year and it is currently estimated to remain the same for 2002. For budgeting purposes, we have used an estimated $930,000 for the area-wide tax in 2002. The final area-wide tax figure will be available prior to the City's adoption of the final tax levy. As this information is not currently available, we cannot project what the effect of the proposed tax levy will be on local property taxes. If the area-wide tax increases, it reduces the local tax burden. If the area-wide tax decreases, it increases the local tax burden. After we submit the preliminary proposed tax levy to Anoka County they calculate the area-wide tax along with the local tax to determine the amount of the tax increase to local residents. This, in turn, is certified back to the City by Anoka County. The attached resolution also ratifies the Housing Redevelopment Authority tax levy of$111,702 and the Economic Development Authority tax levy o f $137,015. The attached resolution also approves a tax rate increase. RECOMMENDED MOTION: Move to waive the reading of Resolution 2001-52 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2001-52 being a resolution adopting a proposed budget, setting the City, Library and EDA proposed local levy at $4,851,347, establishing a budget meeting date for property taxes payable in 2002 for December 3, 2001 at 7:00 p.m. in the City Council chambers, approving a tax rate increase, and approving HRA levy of $111,702. RECOMMENDED MOTION: Move to schedule the budget review meeting with the Library Board and the City Council for October 2, 2001 at 7:00 p.m. in the Library Activity Room, and schedule the Page Two City Council budget review meeting with the Park and ReCreation Commission for October 24, 2001 at 7:00 p.m. in the Gauvitte Room at Murzyn Hall. WE:sins o 108293COUNCIL Attachment COUNCIL ACTION: RESOLUTION 2001-52 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2002, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET MEETING DATE FOR PROPERTY TAXES PAYABLE IN 2002 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 2002 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund Anoka County CDBG Parkview Villa North Parkview Villa South Rental Housing HRA Administration State Aid Cable Television Library DARE Project Capital Improvement Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Energy Management Data Processing Debt Service Fund Total Expense Including Inter~und Transfers Expense 8,635,751 317,463 137,015 377,787 383,072 218,587 18,481 111,702 96,713 162,896 648,002 8,825 289,138 2,428,034 568,803 1,197,878 1,586,491 1,373,474 1,512,083 251,114 101,209 274,592 2,820,649 23,519,759 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2002: Revenue General Fund Community Development Fund Economic Development Fund Anoka County CDBG Parkview Villa North Parkview Villa South Rental Housing HRA Administration State Aid Cable Television Library DARE Project Capital Improvement Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Energy Management Data Processing Debt Service Fund Total Revenue Including Interfund Transfers 8,635,751 317,463 137,015 377,787 383,072 218,587 18,481 111,702 96,713 162,896 648,002 8,825 289,138 2,428,034 568,803 1,197,878 1,586,491 1,373,474 1,512,083 251,114 101,209 274,592 2,820,649 23,519,759 RESOLUTION 2001-52 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2002, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET MEETING DATE FOR PROPERTY TAXES PAYABLE IN 2002 Section C. The following proposed sums of money are levied for the current year, collectable in 2002, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Aroa-Wide Estimated General Estimated Library Levy Estimated EDA Fund Levy Total Proposed General Levy Special Levy for PERA Increase Capital Equipment Debt Levy Total Proposed Levy 930,000 3,180,711 591,588 137,015 4,839,314 12,033 0 4,851,347 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2002 in the amount of $111,702. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget meeting is scheduled for December 3rd at 7:00 P.M. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2002 that is higher than the tax rate calculated pursuant to Minnesota Statutes '275.078 for the city for taxes levied in 2000, collectable in 2001. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 10th day of September 2001 Gary L. Peterson, Mayor Patdcia Muscovitz, Deputy City Clerk PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING SEPTEMBER 4, 2001 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Ramsdell. Roll Call: Commission Members present-Ramsdell, Ericson, Schmitt, and Yehle. Commission Member Johnson was absent. Also present were Tim Johnson (City Planner) and Shelley Hanson (Secretary). Motion by Yehle, seconded by Ericson, to approve the minutes from the meeting of August 7, 2001, with the following correction: Page 2, paragraph 2, should read (46th Ave and 4'h St.). All ayes. MOTION PASSED. PUBLIC HEARINGS A. Rezoning Case#: 2001-0915 37t~ & Johnson Hair Salon, Dave's Heating & AC 1529 and 1601 37th Avenue NE Planner Johnson explained the applicants have applied for the rezoning of property at 1529 and 1601 37~h Avenue NE from R-2, Single and Two-Family Residential District, to LB, Limited Business District. There are no prior Planning or Zoning cases on either of these two parcels. However, the history of these two properties are such: The structure at 1529 37t~ Ave that currently houses the 37t~ and Johnson Hair Company was built in the 1950's and was initially used as a small grocery store. Since the late 1970's, the structure has been a hair salon. The structure at 1601 370' Ave currently occupied by Dave's Heating & AC and Appliance, was previously used by Commer's Water Softener and as a floral shop, but has been occupied by Dave's since the early 1980's. Both structures have always functioned as commercial businesses, but according to Zoning records, have always been zoned Residential. The property to the north is zoned R-2, and is used residentially. The property to the west of 1529 37t~ Ave is zoned R-2 and is used residentially. The property to the east of 1601 37th Ave is zoned as R-2 and is used residentially, The properties to the south are in the City of Minneapolis. Planner Johnson stated the subject properties are currently zoned R-2, Single and Two-Family Residential, and the uses of the property are commercial. When evaluating a rezoning request it is important to consider how the proposed zoning change fits in with the surrounding area. Although the surrounding area is entirely residential, these two comer properties have always maintained some commercial purpose over the years. But for some reason, the properties were never correctly zoned for commercial purposes. Both businesses are currently considered non-conforming uses. PLANNING & ZONING COMMMISION MINUTES OF THE MEETING OF SEPTEMBER 4, 2001 PAGE 2 The 37t~ and Johnson Hair Salon if rezoned, would be a permitted use in the LB (Limited Business District), as it is considered a professional service and would be an appropriate use in the Limited Business District. Dave's RetMgeration could also be considered a permitted use in the LB District, as the business is also considered a professional service, but is a questionable use in this district because of its intensity. This particular business is a more intensive use than would typically be allowed in the Limited Business District. The business provides service repair on-site and utilizes a number of delivery tracks, which is more than the parcel can handle. The 1601 37~ Ave parcel is 26 feet wide, which is almost entirely occupied by the structure, and has no on-site parking for employees, customers, or delivery trucks. This use seems most compatible in the commercial districts on University or Central Avenues. However, the business is considered'grandfathered'. Minimum Yard and Density Requirements of the LB (Limited Business District) are as follows: Minimum Lot Area shall be at least 6,000 square feet - subject parcels do not meet this requirement; However, these are previously platted lots. Minimum Lot Width shall be 40 feet ~ subject parcel at 1529 37t~ Avenue meets this requirement with 50 feet of lot width, but 1601 37~' Avenue does not meet this requirement with a lot width of 26 feet. However both structures are 'grandfathered' Front Yard Setback shall be 12 feet - both structures were built a number of years ago and both structures are within a few feet of the front property line, but are considered 'grandfathered'. Side yard shall be 15 feet and comer side yard shall be 10 feet; Both structures are approximately a few feet from the comer side yard property line. Required Findings: As indicated in the new Zoning and Development Ordinance, the Planning Commission and the City Council shall make each of the following findings before rezoning property: · The amendment is consistent with the City Comprehensive Plan - The Comprehensive Plan currently designates these parcels for future low-density residential use. However, the City is waiting for the Metropolitan Council to determine if they will recommend for a future land use change from low density residential to commercial. · The amendment is in the public interest and is not solely for the benefit of a single property owner - The rezoning is being requested from two business owners. The two owners are requesting that they be rezoned so that appropriate future commercial uses in these structures can be considered legal conforming businesses. · 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 zonhng classification - Staffbelieves that a rezoning to LB (Limited Business) zoning will not adversely effect the neighborhood. The parcels have always been and are currently being used for commercial purposes, and a rezoning to LB would be a practical solution to legitimize the future of these commercial structures. PLANNING & ZONING COMMISSION MINTUES OF THE MEETING OF SPETEMBER 4, 2001 PAGE 3 The Planning Commission had asked for a list of permitted and conditional uses for the LB District which are listed below. As indicated in the ordinance, the purpose of the LB District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. · Multi-family dwellings are allowed in the LB, but neither of these parcels would be large enough to accommodate high density housing. · Government offices are allowed in the LB, but neither of these parcels would be large enough to accommodate this use. · Public park and/or playgrounds are allowed; This could be an appropriate future use of the 1601 37~ Avenue parcel if the building was ever demolished. · Medical, dental, veterinary clinics are allowed. However, neither site could support a large clinic of any kind. · Office space would be ideal for both of these buildings, but the parking would still be an issue for 1601 374 Ave. A small office of some sort would seem to be an appropriate reuse for 1529 37t~ Avenue. · Professional service or professional studio would also be an ideal reuse for these buildings. Dave's space would be ideal for a studio of some sort because it wouldn't generate the traffic that currently exists. But it would depend upon the type of business and its needs, especially parking. · Retail Sales and a Coffee shop/deli (subject to CLIP) would also be an appropriate reuse for the 1529 374 Avenue location if rezoned to LB, but these uses would need to be evaluated for parking needs as well. An issue that should be addressed is the off-street parking requirements for these parcels. Obviously both businesses are considered 'grandfathered' even without the zoning change, but future uses will need to be analyzed in relation to intensity and need for off-street parking. The 37th and Johnson Hair Salon parcel has more than the required number of parking spaces for its use. However, Dave's Heating & AC and Appliance has zero (0) off-street parking spaces, and any future use of this space would not have any either unless another site were used or a shared parking arrangement could be made. It is possible that the 1529 property could be used to achieve some off-street parking for the 1601 property. It should also be mentioned that several adjacent residential property owners have contacted staffregarding this issue and have expressed their concerns about this rezoning issue. The neighbors expressed their frustration mostly with Dave's business, including outside storage, and vehicle parking and unloading. Several neighbors were also concerned about any future business opportunities in these structures and their potential impact on the neighborhood. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF SEPTEMBER 4, 2001 PAGE 4 The City Comprehensive Plan designates this area for future low density residential development. However, staffhas submitted a simple Comprehensive Plan amendment to the Metropolitan Council addressing this request for future land use change, and should be receiving a response shortly. It should also be noted that these structures have always maintained some form of commercial use so a change in the future use of this land to allow for commercial would seem to be consistent with prior uses. The positive aspects of this proposal are as follows: 1. Rezoning these properties to LB, (Limited Business) will allow for the properties to be sold in the future for legitimate limited commercial opportunities. 2. Rezoning these properties to LB will allow for the zoning to be consistent with future land uses. The negative aspects of this proposal are as follows: 1. The proposal does not comply with the recently adopted City Comprehensive Plan. 2. The issue of spot zoning could be argued, but staff does not believe that the rezoning of these two parcels would necessarily constitute spot zoning. Staff recommends approval of the rezoning of 1529 and 1601 37t~ Avenue NE, from R-2 (Single and Two- Family Residential) to LB, Limited Business, as the proposal is in the best interests of the public, and these buildings cannot reasonably be put to use under current residential zoning. Commission Member Yehle asked if Dave's was ever tore down, if the site would be large enough for another structure. Planner Johnson stated that it would take a number of variances for this property ever to be useable again. The properties on either side of it could possibly purchase it for extra green space if they chose to do so. Chairperson Ramsdell explained to Mr. Roberts that by re-zoning his property, he would have a slightly better chance of selling it than he does now, when the time comes that he wishes to do so. Mr. Roberts stated he knows he has outgrown the current site and is keeping his eyes open for a possible relocation site. Ms. Neeb told the commission she has taken her property offthe market until this situation is resolved. She is hoping that the re-zoning will open up the list of possible buyers for her business site. PLANNING 8,: ZONING COMMISSION MINUTES OF THE MEETiNG OF SEPTEMBER 4, 2001 PAGE 5 Georgene Baker from 1621 37t~ Avenue questioned what uses would be allowed in LB. Chairperson Ramsdell read the list of allowable uses in this district. Some of the listed businesses would not be suitable due to the size of the lots and lack of parking. Roger Shafsky of 3719 Johnson St passed out pictures he had taken of some of the parking problems, trucks unloading, storage of equipment, etc. that the neighbors have had to contend with caused by Dave's business. At times there have been as many as 13-14 cars parked along the street. This prohibits street sweeping and snow plowing from taking place as it should due to lack of access for the City crews. Kim Trombley of 3716 Johnson St said the neighborhood is mostly concerned with Dave's business and that by re-zoning these two sites that it could intensify the use of Diane's also. Chairperson Ramsdell again explained if the properties are re-zoned, only certain businesses would be allowed and these types of businesses would be more compatible with the neighborhood, and may actually make it easier for them to sell their property to someone else. Helen Olson of 1625 37t~ Ave asked if a business could force a residential neighbor to sell their house so the business could expand. She was informed this cannot happen. Marge Ubl of 3707 and 3715 Johnson St stated she would like to see the re-zoning go through so they both could move from their present locations. She feels it would benefit the neighborhood to expand the list of potential buyers so more appropriate businesses could locate there. A resident asked if the city could purchase the lot by eminent domain and make a green space out of it. She was told, yes, they could, but that is highly unlikely. Chairperson Ramsdell closed the Public Heating after everyone had voiced his/her concems. Motion by Ericson, seconded by Yehle to recommend City Council approve the rezoning of 1529 37~ Avenue NE and 1601 37th Avenue NE from R-2, Single and Two-Family Residential District, to LB, Limited Business District, as the rezoning is consistent with the commercial land use, and these buildings cannot reasonably be put to use under current residential zoning. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF SEPTEMBER 4, 2001 PAGE 6 NEW BUSINESS 1. Sale of the Property at 4656 Monroe St NE. The City currently owns a vacant lot at 4656 Monroe St that is to be sold through a public bidding process. The property will be sold for a single family residential home. MN Statute 462.356 requires the Planning Commission be notified of the intent to purchase or sell land. The new Comprehensive Plan designates this property for low density residential and the proposed sale for development is consistent with this use. Motion by Ramsdell, seconded by Schmitt to support the action of the Columbia Heights City Council to sell the property at 46.56 Monroe St NE, provided the future development of this parcel remains consistent with the City Comprehensive Plan. All ayes. MOTION PASSED. STAFF REPORTS 1. The City Council recently discussed the accessory structure issue. They recommended amending the Zoning Ordinance from the present language of: An accessory structure, or any combination of accessory structures, storage sheds, and attached garages, shall not exceed one thousand (1,000) square feet in area; To: "For single and two-family residential dwellings, no detached garage or detached accessory structure or combination of detached garages or detached accessory structures shall exceed 1,000 square feet. Nor shall any detached accessory garage or accessory structure footprint exceed the footprint of the principal structure (excluding any attached garage area). In addition, no attached garage shall exceed 1,000 square feet, when an attached garage is present, a single detached garage or detached structure is allowed not to exceed 600 square feet with an additional allowance ora maximum of 150 square feet for a storage shed or other accessory structure." There was some discussion regarding this issue. Chairperson Ramsdell felt the square footage on the storage shed should be set at 120 square feet as that is the size most commonly sold or constructed. Commission member Schmitt said that this amendment may help people with very large lots like Mr. Abrahams, but at the same time, becomes more restrictive than our present language for those that have single attached garages. Those residents would be restricted by the new language to a 600 square foot detached structure, compared to a possible detached structure of approximately 720 square feet under the present language. Commissioner Schmitt felt there are many more residents in this situation than there are residents with extra large lots, and it is the commission's job to do what is best for the majority of the community. She felt that the present language of the ordinance, which has been reviewed many times, should remain as is. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF SEPTEMBER 4, 2001 PAGE 7 A recess was called at 8:45 pm. The Commission re-convened at 8:50 pm. Motion by Ramsdell, seconded by Yehle to recommend the City Council leave the Ordinance pertaining to accessory structures as is. All ayes. MOTION PASSED. Chairperson Ramsdell directed Planner Johnson to relay the action taken by the commission to the City Council. He instructed Johnson to inform them it is because of the number of properties that could possibly be affected or restricted with the new language in an attempt to accommodate the one or two residents that have properties with larger than normal square footage. The Commission felt there are many more properties in this City with single attached garages that may wish to have a detached accessory structure, and the commission needs to protect their rights also. They felt the present language was the best for the majority of the situations that may be addressed by residents. Motion by Yehle, seconded by Schmitt to adjourn the meeting at 9.'OO pm. Respectfully submitted, Shelley Hanson Secretary