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May 11, 1998 Regular
'~ Mayor CITY OF COLUMBIA HEIGHTS Donald G. Jolly 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (6~ 2) 782-2800 TDD 782-280GMarlaine Szurek Gary L. Peterson Robert Mz. Ruettimann ADMINISTRATION City Manager Walter R. Fehst MAY 6, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, May 11, 1998 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 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 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO.MEETINGAGENDA (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 bp taken up as next order of business.) A. MOTION: Move to Adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes MOTION: Move to approve the minutes of the April 27, 1998 Continued Board of Review and the minutes of the April 27, 1998 Regular Council Meeting. 2) Authorization to Request Proposals for Recodification of City Code MOTION: Move to authorize staff to request proposals for the recodification and publication of the City Code. 3) Revision to 1998 Salary Range for Assistant Finance Director MOTION: Move to approve the revised 1998 monthly salary range for the position of Assistant Finance Director, effective June 1, 1998, as follows: Entry_ 6 Months 1 Year 2 Years 3 Years $3,802 $3,931 $4,061 $4,190 $4,320 Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COUNCIL AGENDA LETTER MAY 11, 1998 PAGE 2 4) Exchange of Copy Machine MOTION: Move to exchange the refurbished Sharp SF2035 copier for the newly refurbished Canon 6650II at no additional cost to the City for the Recreation Department. 5) Establish Hearing Date for License Revocation for Rental Properties MOTION: Move to establish a hearing date of June 29, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against properties owned by Lynde Investment Company at the following addresses: 4050 4th Street, 4060 4th Street, 4100 4th Street, 4120 4th Street, 4425 University Avenue, 4433 University Avenue, 4441 University Avenue, 4707 University Avenue, 4715 University Avenue, 5121 University Avenue, 5131 University Avenue, and 5141 University Avenue. MOTION: Move to establish a hearing date of June 8, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against property owner Kurt Lowenthal regarding rental property at 1407-09 Circle Terrace. 6) Emergency Repair of Sanitary Sewer at 4120 and 4121 Second Street MOTION: Move to approve payment to PipeRight Plumbing in the amount of $9,978.22 for the emergency repair of sanitary sewer at 4120 and 4121 Second Street with funds to be appropriated fi:om the Sewer Fund (602-49450-4000). ALTERNATIVE MOTION: Move to direct staff to review policy pertaining to deep sanitary sewer connections with recommended changes. 7) Engineering Copier Replacement MOTION: Move to award purchase of Xerox 3030 engineering copier fi:om MinnBlue Digital of Minneapolis, Minnesota, based on their low quote of $6,579.68 with trade-in of Xerox 2510 ($9,579.68 minus trade-in deduction of $3,000), and to authorize Mayor and City Manager to enter into an agreement for the same. 8) Permits for Jamboree MOTION: Move to authorize staffto close Jefferson Street fi:om 39th to 40th Avenues fi:om Monday afternoon, June 22, 1998 through Sunday, June 28, 1998. MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 26, 1998 at 6:30 p.m. for the following streets: Central Avenue at 45th Avenue south to 40th Avenue; west on 40th Avenue to 5t~ Street and 5t~ Street to Mill Street. MOTION: Move to authorize fireworks on June 27, 1998 (rain date of October 2, 1998), in conjunction with the Jamboree activities and to appropriate up to $2,000 to be earmarked for fireworks display from Fund 101-45050-4378. Page 2 PAGE THREE MEMBERS Members discussed field #2 at Huset Park. The ground has settled and created a large "lip" from the infield to the outfield. The Park Department will attempt to repair the problem area. Juveniles have been observed golfing in Huset Park, which is prohibited. COMPREHENSIVE PARK PLAN Members reviewed a Maintenmace Standards & Policies document and a Parks Work Program document related to the Comprehensive Park Plan. A cons.ultant from SRF will work with staff in June or July. Members discussed the volleyball court at the high school and felt the school system has not been maintaining it as they agreed to do. Staff will speak with school officials regarding this issue. Members discussed the wading pools and felt that the City Council should make a decision on what should be done about them. It would cost approximately $283,000 to repair/replace the three pools. Members discussed the Adopt-A-Park program and felt it would be a good idea to survey the residents near each park to see who is interested in helping with this program. Members suggested that staff contact Jori Gurban of MRPA regarding the survey. The Special Projects Coordinator will video tape each of the parks and have the film available for next month's meeting. Each member agreed to view two parks on their own and report back at the next meeting. Parks were assigned as follows: Eileen Evans Gary Peterson Jerry Foss Bruce Magnuson Bob Ruettimann James Nelson - Silver Lake Beach/boat landing and Prestemon Park - Ostrander and LaBelle Parks - Gauvitte, Edgemoor, and Lomiarfl~i Parks - Hilltop & Ramsdell Parks - Sullivan & McKenna Parks - Keyes Park Issues to be discussed at the next meeting are: 1) video of parks; 2) reports from members on each park they viewed; 3) standards & policies for parks maintenance; 4) narrow the focus of the 1999 CIP plans. Members agreed to change the date and time of next month's meeting to 6:00 p.m. on Tuesday, May 19. ADJOURNMENT Motion by Ruettimann, second by Foss to adjourn. All ayes, motion carried. Meeting adjourned at 8:20 p.m. Janice McGhee-Fetzer, Park & Recreation Commission Secretary P&RCOM~APR98 COU~NCIL AGENDA LETTER MAY 11, 1998 PAGE 3 9) Authorization to Advertise for Bids for !998 Miscellaneous Concrete Project MOTION: Move to authorize staff to advertise for bids for 1998 Miscellaneous Concrete Project. 10) Authorization to Obtain Quotes for Railroad Concrete Crossing Material MOTION: Move to authorize staff to obtain quotes for railroad concrete crossing material. 11) First Reading of Ordinance No. 1373 Being an Ordinance Regarding an Alley Vacation MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1373 for Tuesday, May 26, 1998 at approximately 7:00 p.m. 12) Pa_wnent of the Bills MOTION: Move to pay the bills as listed out of proper funds. 13) Approval of License Applications MOTION: Move to approve the license applications as submitted. 5.' PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A) Proclamation Public Works Week Proclamation - Week of May 18, 1998 B) Introduction of New Employee Patricia Muscovitz, Community Development Secretary 6.PUBLIC HEARINGS NONE 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1372 Being an Ordinance Amending Ordinance No. 853, City Code of 1977 and Ordinance No. 1294 Authorizing Conveyance ot7 Certain Real Estate Located at 566 38th Avenue Northeast Page 3 COUNCIL AGENDA LETTER MAY 11, 1998 PAGE 4 MOTION: Move to waive the reading of the ordinance there being ample copies available for the pubhc. MOTION: Move to adopt Ordinance No. 1372 being an ordinance amending Ordinance No. 853, City Code of 1977 and Ordinance No. 1294 Authorizing Conveyance of Certain Real Estate Located at 566 38th Avenue Northeast. 2) Second Reading and Public Hearing of Ordinance No. 1370 Being an Ordinance Pertaining to the Licensing of Pool/Billiard Halls MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1370 amending Ordinance No. 853 City Code, pertaining to the licensing of pool/billiard halls implementing the recommendations of the License Review Committee and the Youth Initiative Commission. 3) Second Reading and Public Hearing of Ordinance No. 1371 Being an Ordinance Pertaining to the Licensing of Cigarette/Tobacco Sales MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1371 amending Ordinance No. 853, of City Code, pertaining to licensing of cigarette/tobacco sales. B. Bid Considerations NONE C. Other Business 1) 1998 Project Safety Net Bill MOTION: Move to approve the payment of $6,000 to Project Safety Net. Cost to be covered as follows: $5,000 from the 1998 police budget line 3050 and $1,000 to come from the Forfeiture Fund #265. 2) Conditional Use Permit - 2121 37th Avenue MOTION: Move to approve the conditional use permit to allow a drive-in Beanie Baby retail business at 2121 37th Avenue. Page 4 COUNCIL AGENDA LETTER 'MAY 1.1, 1998 PAGE 5 3) Variances and Alley Vacation - 3701 and 3842 Central Avenue MOTION: Move to approve the variances to Sections 9.116(1~8)(c), 9.116(18)(e), 9.116(18)(0, 9.116(18)(i), (9.116)(6)(b) because strict adherence to the provisions of this Ordinance would create an undue hardship to the landowner. 4) Livable Communities Funding Application MOTION: Move to authorize staff to submit an application for the Livable Communities Demonstration Account Fund. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) April 20, 1998 Meeting of the Economic Development Authority 2) April 7, 1998 Meeting of the Planning and Zoning Commission 3) April 22, 1998 Meeting of the Park and Recreation Commission 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is 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. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 5 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL CONTINUED BOARD OF REVIEW APRIL 27, 1998 1, CALL TO ORDER/ROLL CALL The Mayor called the Continued Board of Review to order at 6:30 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2. REPORT OF COUNTY ASSESSOR REGARDING RE-INSPECTIONS The County Assessor reviewed the following four properties as requested: a) 667 45th Avenue: This property owner had requested his property to be viewed again. He has not responded to the Assessor for making an appointment for the reviewing. There will be no change in the valuation until she has been contacted by the owner. b) 1853 39th Avenue: At the Board of Review, this owner had requested a review of his property. When he was contacted for an appointment, he had decided against another review. c) 4010 Hayes Street: This property was viewed by the Assessor. She noted that some finished areas of the basement had been removed and could no longer be considered as finished space. She recommended the valuation be decreased from $102,000 to $99,000. d) A letter was received from the owner of 4444 Fourth Street regarding its value. The property was reviewed again and the Assessor recommends no change in the valuation. She contacted the father of the owner regarding her recommendation. 3. QUESTIONS AND ANSWERS FROM AFFECTED PROPERTY OWNERS There were no property owners present for this portion of the Board of Review. 4. COUNCIL ACTION REGARDING SPECIFIC CASES/ADOPTION OF THE 1998 ASSESSMENT ROLLS Motion by Sturdevant, second by Peterson to adopt the 1998 Assessment Roils as presented and amended. Roll call: All ayes CONTINUED BOARD OF REVIEW APRIL 27, 1998 PAGE 2 5. ADJOURNMENT Motion by Peterson, second by Sturdevant to adjourn the Board of Review at 6:37 p.m. Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 27, 1998 1. CALL TO ORDER/ROLL CALL The Mayor called the meeting to order at 7:00 p.m. Present were Mayor Smrdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2, PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA The City Manager requested an issue on the Consent Agenda "Emergency Repair of Sanitary Sewer at 4120 and 4121 Second Street" be tabled. This request was made so further discussion could be held regarding the policy on payment in a situation like this. CONSENT AGENDA Items on the Consent Agenda are considered routine by the City Council and will be enacted on by one motion. Items removed from the Consent Agenda will be considered after the Consent Agenda as the next order of business. A. Motion by Jolly, second by Szurek to adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes The Council approved the minutes of the March 21, 1998 Goals Setting Retreat, the March 23, 1998 Regular Council Meeting, the April 13, 1998 Regular Council Meeting, the April 14, 1998 Board of Review and the April 22, 1998 Election Canvass. 2) Resolution No. 98-45 Being a Resolution Changing the Date of a Regular Council Meeting The reading of the resolution was waived there being ample copies available for the public. RESOLUTION 98-45 BEING A RESOLUTION CHANGING THE DATE OF A REGULAR COUNCIL MEETING WHEREAS: There is an observed holiday on the fourth Monday of May which is the date for the regularly scheduled Council Meeting; and REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 3 7) Establish Council Work Session Dates The Council established Wednesday, May 6, 1998 at 7:00 p.m. and Monday, May 18, 1998 at 7:00 p.m. as dates and times for Council work sessions. 8) First Reading of Ordinance No. 1371 Being an Ordinance Pertaining to the Licensing of Cigarette/Tobacco Sales The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1371 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CIGARETTE/TOBACCO SALES The City of Columbia Heights does ordain: Section 2: Section 5.302 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5.302(1) No person shall engage in the trade or sale of retail of cigarettes or cigarette wrappers without a license issued pursuant to the provisions of this chapter. 5.302(2) License applicants under this section shall state in the application the location where cigarettes or cigarette wrappers will be sold, the general nature of other business conducted at said location, and whether sales will be made by vending machine or over the county. 5.302(3) A separate license shall be required for each location or machine where cigarettes or wrappers are sold. 5.302(4) No license or agent or employee thereof shall sell or distribute cigarettes or cigarette wrappers to a minor. 5.302(5) The requirements for a license under this section is supplemental to the requirement for a license under any other section of this Article. REGULAR COUNCIL MEETING APRIL 27, 1997 PAGE 2 WHEREAS: The stated policy of the Columbia Heights City Council is that when an holiday is observed on either the second or fourth Monday of the month, the Council Meeting is scheduled to be held on the following Tuesday. NOW, THEREFORE, BE IT RESOLVED, that the second regular Council Meeting in the month of May, 1998, will be held on Tuesday, May 26, 1998 at 7:00 p.m. in the City Hall Council Chambers. Passed this 27th day of April, 1998. Offered by: Jolly Seconded by: Szurek Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3) Appropriation of Reimbursement Grant Funds to Police Department Budget The Council approved the appropriation of $2,736 as total reimbursment to Columbia Heights from the Anoka County Auto Theft Grant from General Fund Revenue to the Police Department's 1998 budget under Line 1020. 4) Maintenance Contract for Defibrillators The Council authorized the Mayor and City Manager to enter into a twelve month agreement with Physio Control Corporation for the periodic inspection of two LP300 defibrillators at a cost of $672.00, payable in quarterly installments. 5) Insurance Coverage From 5-9-98 - 5-9-01 The Council authorized the Mayor and City Manger to enter into an agreement with St. Paul Companies for liability and property coverage for the period of May 9, 1998 through May 9, 2001 at an annual premium of $174,992. 6) Close Public Hearing Regarding Revocation of Rental License for Property at 1206-08 Circle Terrace The Council closed the public hearing regarding revocation of the rental license at property located at 1206-08 Circle Terrace owned by Kurt Lowenthal in that the property has been brought into compliance. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 4 Shall hereafter be amended to read as follows: SECTION 2 CIGAKETTE/TOBACCO SALES 5.302(1) PURPOSE An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in the City and to reduce the illegal sale, possession, and use of such items to and by minors. Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of State laws; studied have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Mn. Statute 144.391. 5.302(2) DEFINITIONS AND INTERPRETATIONS Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted defmitions. The singular shall include the plural ahd the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may means permissive. The following terms shall have the definitions given to them: (A) Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco, cheroots, stogies; perique; granulated, plug cut, crimp cut, ready- rubbed,and other smoking tobacco; snuff flowers; cavendish; short plugs and twist tobacco; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 5 (B) Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. (C) Self-Service Merchandising. "Self Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. (D) Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. (E) Individual Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other Packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this section shall not be considered individually packaged. (F) Loosies. "Loosies" shall mean the common term used to refer t a single or individually packaged cigarettes. (G) Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. (H) Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 6 (I) Moveable Place of Business "Movable Place of Business" shall refer to any form of business operated out a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. (J) Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. (K) Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices. 5.302(3) LICENSE REQUIRED. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related devices without first having obtained a license to do so from the City. (A) Application, An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the License Clerk shall forward the application to the City Council for actions at its next regularly scheduled meeting. If the clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 7 03) Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. The clerk shall refer the completed application to the Police Deparmaent for a background and record check prior to formal review by the City Council. If the City Council shall approve the license, the License Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the Council's decision. (C) Term. The term of each license shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (D) Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. 5.302(4) (E) Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Change of location or applicant will be required to be treated as a new application. (F) Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. (G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (H) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for renewal shall be made at least sixty days but no more than ninety days before the expiration of the current hcense. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute fight of the applicant and shall not entitle the holder to an automatic renewal of the license. FEES. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 8 5.302(5) 5.302(6) BASIS FOR DENIAL OF LICENSE The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section; (A) The applicant is under the age of 18 years. 03) The applicant or any employee thereof has been convicted within the past five years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco related devices. (C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve months of the date of application. (D) The applicant fails to provide any information required on the application, or provides false or misleading information. (E) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, fi.om holding such a license. PROHIBITED SALES It shall be a violation of this ordinance for any persons, employee or responsible party to sell or offer to sell any tobacco, tobacco product, or tobacco related device: (A) To any person under the age of eighteen (18) years. 03) By means of any type of vending machine. (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical eXchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 9 5.302(7) 5.302(8) 5.302(9) CD) By means of loosies. (E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (F) By any other means, to any other person, or in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. VENDING MACHINES PROHIBITION It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. SELF-SERVICE SALES. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item fi.om the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee and his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a cunter or other area not fi.eely accessible to customers or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this section before a new license is issued for the next license year. RESPONSIBILITY. Ail licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. It shall be the license holders responsibility to provide training to any employee conducting tobacco sales and/or sales of tobacco related products and devices and to document proof of such training to be provided upon request by any enforcing agent of the City. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 10 5.302(10) COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the City Police or other authorized City Official during regular business hours. From time to time, but at least one per year, the City shall conduct compliance checks by engaging, with the written consent of their parents and guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter into the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officres or other designated City personnel. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age and all minors lawfully engaged in a compliance check shall answer all questions about the minors age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. 5.3020 OTHER ILLEGAL ACTS Unless otherwise provided, the following acts shall be a violation of this ordinance. A. Illegal Sales It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. B. Illegal Possession It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. C. Illegal Use It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 11 D. Illegal Procurement It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall also be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. E. Use of False Identification It shall be a violation of this ordinance for any minor to attempt to disguise his or her tree age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 5.302(12) VIOLATIONS. In addition to any fine or other penalty, whether civil or criminal, violation of this ordinance by a licensee under this ordinance shall be grounds for the suspension or revocation o£the license. A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. B. Heatings. Ifa person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. C. Hearing Officer. The City Council shall serve as the heating officer. D. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the heating officers reason for finding a violation and the penalty to be imposed under the Penalty section of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 12 5.302(13) Likewise, if the heating officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. E. Appeals. Appeals of any decision made by the heating officer shall be filed in the district court for the city in which the alleged violation occurred. F. Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. G. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. PENALTIES. A. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine of $75.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises within a twenty-four (24) month period; and $250.00 for a third or subsequent offense at the same location within a twenty-four (24) month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days. B. Other Individuals. Other individuals, other than minors regulated by Section C of this subsection, found to be in violation of this ordinance shall be charged an administrative fee of $50.00. C. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be required to attend a diversion or educational program. D. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 13 5.302(14) EXCEPTIONS AND DEFENSES. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. 5.30205) SEVERABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that fmding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. First Reading: April 27, 1998 The second reading and public heating of Ordinance No. 1371 was established for May 11, 1998. 9. Payrnent of Bills The Council approved the payment of the bills as listed out of proper funds. 10. Approval of License Applications The Council approved the license applications as listed. 11. Livable Communities Funding Application The Council authorized staff to submit an application for the Livable Communities Demonstration Account Fund for a project identified through the Minnesota Design Team visit. 12. Approval of the Metropolitan Council Local Planning Assistance Grant Program Agreement The Council approved the Metropolitan Council Local Planning Assistance Program Grant Agreement and acknowledged receipt of $7,410.00 in grant funds; and also authorized the Mayor and City Manager to enter into an agreement for the same. 13. Approval of the 1997 Community Development Block Grant Program Agreement The Council approved the 1997 Community Development Block Grant Program Agreement between the County of Anoka and the City of Columbia Heights and authorized the Mayor and City Manager to enter into an agreement for the same. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 14 14. First Reading of Ordinance No. 1372 Being an Ordinance Regarding Sale of the Property at 566 38th Avenue Northeast The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1372 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND ORDINANCE NO. 1294, AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 566 38TM AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Construction, Inc., the real property described as follows, to wit: That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the sale and development agreement. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: April 27, 1998 The public hearing and second reading of Ordinance No. 1372 were scheduled for May 11, 1998 at approximately 7:00 p.m. Roll call on Consent Agenda: All ayes 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS None REGULAR COUNCIL MEETING APR_IL 27, 1998 PAGE 15 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1370 Being an Ordinance Pertaining to Licensing of Pool/Billiard Halls The EDA Director addressed the most significant changes to the ordinance in the latest draft which was Draft g4. Councilmember Ruettimann expressed concern with approving the ordinance without further controls being placed on it. He inquired how many violations of the ordinance would be needed before the license was revoked. The Police Chief suggested the Council receive a monthly report from the Police Department regarding violations. He felt the Council is the appropriate body to decide on license revocation criteria. The resident from 4429 Washington Street stated his support for the ordinance being approved. He cited his experiences with the pool hall as a patron. Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1370 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD HALLS The City of Columbia Heights does ordain: Section 2: Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person (a) possesses a license issued pursuant to the provisions of this chapter; and Co) is at least eighteen years of age at the time of submitting an application for lieensure pursuant to the provisions of this chapter. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 16 5.4o2(2) 5.402(3) 5.402(4) 5.402(5) 5.402(6) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has at least one use or activity providing any of the following or any combination of any of the following amusements: (a) billiards/pool (not coin operated); Co) snooker (not coin operated); (c) bumper pool (not coin operated); (d) table tennis (not coin operated); (e) less than nine (9) arcade games or devices as defined by 5.41 l(2)(b-e). A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) the nature of other licensed or proposed business or commercial activity; (b) the name and date of birth of the licensee or license applicant for such a business; (c) whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; (d) whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 17 5.402(7) No pool hall licensed under this section: (i) shall be located: (i) within three hundred (300) feet of any school building or church, or, (ii) if no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church; (ii) Any pool hall or billiards hall operating pursuant to Section 5.402(7)(i)(b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. 5.402(8) For any person operating a pool hall or billiards hall pursuant to this section 5.402, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of Chapter 9.105(5). 5.402(9) The license may be revoked or suspended in accordance with this Chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) (b) (c) (d) (e) Fraud, deception or misrepresentation in connection with the securing of a license; Conduct inimical to the interests of public health, safety and welfare; Conduct involving moral turpitude; Conviction of an offense involving moral turpitude by any court of competent jurisdiction; Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City received five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall; fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. REGULAR COUNCIL MINUTES APRIL 27, 1998 PAGE 18 Shall hereafter be amended to read as follows: SECTION 2 POOL/BILLIARD HALLS 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person: (a) Possesses a license issued pursuant to the provisions of this chapter; and (b) Is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For any person operating a pool hall or billliards hall pursuant to this section, a Conditional Use Permit shall be required and issued pursuant to and in accordance with the provisions of the Zoning Ordinance. 5.402(3) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity providing any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billliards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defmed by 5.411 (2)(b-e). 5. 402(4) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) (b) (c) The nature of other licensed or proposed business or commercial activity; The name and date of birth of the licensee or license applicant for such a business; Whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; REGULAR COUNCIL IVIEETING APRIL 27, 1998 PAGE 19 5.402(5) 5.402(6) 5.402(7) 5.402(8) (ii)5.402(9) (d) Whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license applications. No pool hall licensed under this section (i) shall be located: (a) Within three hundred (300) feet of any school building or church, or (b) If no alcohol is served at the pool hail or billiards hall, within two hundred (200) feet of any school building or church. Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person not at least 14 years of age fi.om entering the establishment as a patron unless accompanied by a parent or legal guardian. Any person not at least 18 years of age shall be prohibited from remaining in the establishment as a patron beyond ¼ hour prior to their curfew with notification given by the establishment one hour prior to curfew. The curfew requirements shall be prominently displayed inside at all entrances and exits to the business and in at least two other locations inside the hall. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 20 5.402(10) The license may be revoked or suspended in accordance with this chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; (b) Conduct inimical to the interests of public health, safety and welfare; (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction; (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City receives five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool/billiard hall; fencing of stolen goods, possession of/or distribution of controlled substances, public intoxication, disorderly conduct or assault. First Reading: April27,1998 Motion by Peterson, second by Szurek to schedule the public hearing and second reading of Ordinance No. 1372 for May 11, 1998 at approximately 7:00 p.m. Roll call: All ayes B. Bid Considerations None REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 21 C. Other Business 1) Appointment to Youth Initiative Commission Councilmember Ruettimann requested the Youth Commission Facilitator, Matt Linngren, to comment on some of the goals and objectives of the Commission. Linngren advised that some of the issues/goals the Commission is addressing are the upcoming visit of the Design Team, after school activities for youth, 100th birthday celebration of the City and efforts to reduce youth crime as well as nuisance issues such as smoking, graffitti, etc. He noted that Commission members had discussed the pool hall ordinance and related matters. Motion by Jolly, second by Ruettimann to appoint Colleen Day to the Youth Initiative Commission to fill the term which expires August 31, 1998. Roll call: All ayes 2. Adopt Life Cycle Housing Study Motion by Ruettimann, second by Peterson to accept the Life Cycle Housing Study as a resource for the Comprehensive Plan update and Livable Communities goals. Roll call: All ayes 3. Approve Contract for Planning Consultant Services The EDA Director advised that the security system and repair of property damaged with a lighting strike at Parkview Villa are projects to be done. The City Manager stated there are sufficient funds remaining to do these projects. Motion by Szurek, second by Jolly to award the consulting services to SRF Consulting Group, Inc. in the amount of $51,760.00 plus $539.00 for direct out of pocket expenses with funds to be appropriated from 201-42400-3050, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. Roll call: All ayes Motion by Szurek, second by Jolly to authorize additional $21,398 for planning consultant services be transferred to Fund 201 with funding from 203-46330-7410 in the amount of $14,920 and from General Fund permit revenues in the amount of $6,478, subject to approval of the Columbia Heights EDA. Roll call: All ayes REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 22 Councilmember Ruettimann inquired if Council had authorized moving of money from the Water Tower Fund to the General Fund. The City Manager responded this had not been authorized by the City Council but was done by the Finance Director. Councilmember Ruettimann suggested that some staff is stepping out of bounds by putting money in this fund. Councilmember Jolly inquired if the balance in the Water Fund would be addressed soon. The City Manager suggested this would be an agenda item in the near future. 8. ADMINISTRATIVE REPORTS A. Report of the CiW Manager The City Manager briefly reviewed some of the timetable and activities of the Design Team. B. Report of the City Attorney The City Attorney had nothing to report. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions The minutes of the April 7, 1998 Library Board Meeting were included in the agenda packet. No Council action was required. 10. CITIZENS FORUM TO ADDRESS TIlE COUNCIL ON MATTERS NOT ON AGENDA There were no citizens present for comments. ! 1. ADJOURNMENT Motion by Peterson, second by Sturdevant to adjourn the meeting at 7:40 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS Meeting of: May 11, 1998 AGENDA SECTION: CONSENT ITEM ORIGINATING DEPT.: CITY MANAGER NO: 4 CITY MANAGER'S APPROVAL PROPOSALS FOR RECODIFCATION OF CITY CODE DATE: MAY 1, 1998 No: The City Code was last codified in 1977. Since then, over 500 ordinances have been adopted by the City Council, which were to be incorporated into the code. This has not occurred on a consistent basis. That, along with the fact that the code should be reviewed and potentially revised to make it more clear cut and concise, incorporate modem and proper phraseology, and eliminate conflicts, ambiguities and repetitive provisions, results in the need for the recodification of the City Code. The recodification of the City Code has been a goal in the City's strategic plan since its adoption in 1995. Monies have been budgeted in 1998 to undertake this process. Staff is requesting authorization to seek proposals for recodification and publication of the City Code. RECOMMENDED MOTION: Move to authorize staff to request proposals for the recodification and publication of the City Code. LLM/sh COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 11, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: ~ CITY MANAGER' S APPROVAL iTEM: REVISION TO SALARY RANGE FOR ASSISTANT BY: LINDA L. MAGE~~ B~': FINANCE DIRECTOR DATE: 5-6- 98~J DATE: No: -$ Applications are currently being accepted for the position of Assistant Finance Director, due to the recent resignation in that position. As part of the process, the job description was reviewed and revised, and the current salary range for~the position was reviewed. Based on our compensation plan, internal equity, and in an effortlto strive for external comparability, staff recommends a revision to the 1998 monthly salary range for the position of Assistant Finance Director as follows: CURRENT 1998 $3,490 $3,609 $3,728 $3,847 $3,966 PROPOSED 1998 $3,802 $3,931 $4,061 $4,190 $4,320 Such revision to be effective June i, 1998. RECOMMENDED MOTION: Move to approve the revised 1998 monthly salary range for the position of Assistant Finance Director, effective June 1, 1998, as follows: $3,802 $3,931 $4,061 $4,190 $4,320 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 11, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: EXCHANGE OF COPY MACHINE BY: Keith Windschitl /I//7/1/] BY: RecreatiOn Director ~v NO: ~'~" 4 DATE: 5/4/98 BACKGROUND: We received our present copier in January of 1997. The Sharp refurbished copy machine was tried out for several months. The Recreation Department purchased it in July of 1997 since we had budgeted $6,000 in 1997 for a copier. Since our purchase, we have had several problems with this machine. One of the main problems with this machine is the duplexing feature which makes back-to- back copies. The machine cannot handle the amount of duplex copying that we need to do for flyers and newsletters, and it continually misfeeds and jams while using the duplex feature. I have approached Ikon Office Solutions with our problem, and they met with us and told us they would give us 60% of the purchase price toward another copy machine. This would amount to 60% of $5,300, which is $3,180. I told them that our present copy machine is unacceptable and that I think we should go to another company because they sold us a machine that just couldn't handle our needs. Ikon then made us another offer of exchanging copiers even up. ANALYSIS/CONCLUSIONS: Janice McGhee-Fetzer and I went down to Ikon Office Solutions to examine and try the copy machine they offered to trade for the old one. This machine is a Canon 665011. We both agreed that the Canon was a better quality machine and would better suit the needs of our office. This machine has a more direct flow of paper through the machine to improve speed and overall performance for our type of application. This machine is a little more forgiving and can handle heavier paper, which we use often with colored flyers. I believe this Canon copy machine would better meet our departmental needs. We would also stay under the same maintenance contract that we cun'enfly have in place. RECOMMENDED MOTION: Move to exchange the refurbished Sharp SF2035 copier for the newly refurbished Canon 665011 at no additional cost to the City. COUNCIL ACTION: CITY COUNCIL LETTER Meetingof: May 11, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~/ Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt BY: License Revocation, Rental Properties NO: ~to id) ,. 4" DATE: May 5, 1998 DATE: 1. Lynde Investment Company.. 2. Lynde Investment Company.. 3. Lynde Investment Company. 4. 5. 6. 7. 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 Housing Maintenance Codes. ............... 4050 4'~ Street ................... 4060 4~ Street .................... 4100 4~ Street Lynde Investment Company ..................... 4120 4~ Street Lynde Investment Company .................... 4425 University Avenue Lynde Investment Company ..................... 4433 University Avenue Lynde Investment Company ..................... 4441 University Avenue 8. Lynde Investment Company. 9. Lynde Investment Company. 10. Lynde Investment Company 11. Lynde Investment Company. 12. Lynde Investment Company. .................... 4707 University Avenue .................... 4715 University Avenue ................... 5121 University Avenue ................... 5131 University Avenue ................... 5141 University Avenue RECOMMENDED MOTION: Move to Establish a Hearing Date of June 29, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the above-named Property Owners Regarding their Rental Property. ICOUNCIL ACTION: CITY COUNCIL LETTER Meefingof: May 11, 1998 AGENDA SECTION: C 0 N $ E N T AG E N DA ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4 Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt BY: License Revocation, Rental Properties NO: a~t.. t~ o ~" DATE: May 5, 1998 DATE: 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 Housing Maintenance Codes. 1. Kurt Lowenthal .............................. 1407-1409 Circle Terrace RECOMMENDED MOTION: Move to Establish a Heating Date of June 8, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the above-named Property Owners Regarding their Rental Property. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/11/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~-~ PUBLIC WORKS ITEM: PAYMENT FOR EMERGENCY REPAIR OF BY: K. Hansen~/ BY: SANITARY SEWER AT 4120 AND 4121 2N~ ST. DATE: 5/7/9~,"~ DATE: Background: The Sewer and Water Department was contacted by the owner's son of the property at 4121 2nd Street when it appeared that the sanitary service line had a structural failure and would have to be excavated. He was given a copy of City Ordinance 4.326(8) and informed that it would be the property owner's responsibility to pay for the repairs to the building service. PipeRight Plumbing excavated behind the curb to locate the pipe and confn-med that the problem was in the street. Upon excavating in the street, it was discovered that the building services for 4121 and 4120 2nd Street were connected to the same riser and the riser was broken somewhere between the Y connection and the City's 18" trunk sewer line that is approximately 31' deep. The owner of 4120 2"a Street was not having any problems with her service as the property sits at a higher elevation and it was evident that her sewage was running into 4121 2"d Street. Analysis/Conclusions: A conference was held between the Public Works Director, the Public Works Superintendent and the Sewer and Water Foreman. It was determined that this repair had evolved into an emergency repair due to the following factors: · Two homes out of service, · The depth of the sanitary line, · The service was combined for two homes, And that the work should be completed as soon as possible. The plumber was instructed by Public Works to dig down to the main, separate the services and make the necessary repairs, including the riser pipe. This item was originally on the April 27, 1998 Council agenda and removed by the City Manager without discussion. The City Manager desired additional research and information on related subject matter. These items are presented as follows: Past City Practice: Staff researched Council minutes for similar deep sanitary sewer repairs and found July 20, 1981 was the most recent incident. In this similar repair case, it appears that the Council elected not to provide any monetary assistance to the affected resident. A copy of the meeting minutes is attached as exhibit 'A.' Summary of Other Cities' Current Sanitary Sewer Maintenance Policy: The cities of New Brighton, St. Anthony, and Fridley were contacted for their policies on sanitary sewer repair. Copies of those ordinances are attached as exhibits 'B-D,' with summaries as follows: · New Brighton: Homeowner is responsible for private sewer services with exceptions. The City has an exception where the City will pay for the extraordinary cost of repair where the main depth or major roadway would make the 'Continued ..... COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/11/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: PAYMENT FOR EMERGENCY REPAIR OF BY: K. Hansen BY: SANITARY SEWER AT 4120 AND 4121 2Nr~ ST. DATE: 5/7/98 DATE: o repair unusually expensive. The property owner will be required to pay the equivalent cost of a typical repair, as determined by the City Engineer. · St. Anthony: The policy states that the property owner is responsible for repairs or the service to the main line. There is an exception that provides for the council to vary from this policy based upon hardship or unusual circumstances. · Fridley: Their policy provides that the city has maintenance from the main line to the property line. Current Columbia Heights Policy: A copy of the City's policy is attached. Section 4.326(8) states that 'the owner shall be responsible for maintenance of the building service.' Section 4.325(1) further stipulates that the building sewer shall be separate for every building. In this case, I would recommend a solution that is similar to the City of New Brighton's policy: The affected parcels should pay an 'equivalent cost' towards the repair, and the city pay for the extraordinary cost of the sanitary repair. Staff contacted two local plumbers to determine an 'equivalent cost,' and found that to range from $1,000 to $2,000 for a single family home repair of average depth. In light of this recent incident, I would recommend that the City's policy on maintenance of sanitary sewer services be reviewed to better address deep service connections, possible incorporating the City of New Brighton's policy, or allowing a variance provision for unttsual circumstances or hardship cases, similar to St. Anthony's. Recommended Motion: Move to approve payment to PipeRight Plumbing in the amount of $9,978.22 for the emergency repair of sanitary sewer at 4120 and 4121 2na Street with funds to be appropriated from the Sewer Fund 602-49450-4000. Furthermore, the residents shall pay to the City an equivalent cost of $1,500 towards the repair, to fund 602-49450-4000. Recommended Motion: Move to direct Public Works Staff to review and recommend policy changes to the sanitary sewer maintenance section that will address unusual or hardship repairs. KH:kh 98-158 COUNCIL ACTION: Special Meeting Columbia Heights City Council July 20, 1981 ATTAOHMENT 'AI The special meeting was called to order by Council President Heintz at 7:43 pm. 1. Roll Call: Logacz, Norberg, Hentges, Helntz--present Nawrockl--absent It was noted that Mayor Nawrocki was attending an Open Mike session at WCCO Radio and would join the meeting later. 2. Secretary Pro-Tem Motion by Norberg, second by Hentges to appoint Keith Masuda Secretary pro-rem. Ro]l call: All ayes 3. Orders of Business a. Wilbert A. Mackey, 4763 Chatham Road Sewer Line Repair Policy The City Manager informed the Council as to what had transpired in the last few weeks with this sewer line problem. He also indicated the location of Mackey's property in relation to the sewer line which is approximately thirty feet below ground. He gave the history of what has happened to this sewer line during the time the rest of the area was being developed. Olson Plumbing had been hired by Mr. Mackey to repair the problem he has been experiencing with the service connection. After investigation Olson Plumbing found the service connection and the riser to be broken. Much discussion followed regarding the City's policy and past practice in situations such as this and who would be responsible for the repair costs. The proposed repair costs are quite high and Mr. Mackey is appealing the Council policy of the homeowner being responsible for all of them. Fred Salsbury, Public Works Director, reviewed the estimate received from Olson Plumbing. by Mr. Mackey. It was the opinion of the staff of the Public Works Department that the estimate for the number of hours this repair would take is quite high. Also, what had transpired with the sewer from the investigatory work of Olson Plumbing and the City crew was discussed. It was advised by the City Attorney that if the City is going to participate in set- tling this problem it should be done in the manner of settling a claim. The City Man- ager explained that Mr. Mackey could hire the work done, pay the costs and the City would pay him for that portion of the bill the Council .authorizes, similar to set- tling a claim. Members of the Council agreed the present policy of the City in these matters is a good one and it would be contrary to their wishes to change it by any precedent-setting action with this matter. Councilman Helntz wanted the staff to explore why this problem occurred and felt the street department should go down into the main and determine the source of the problem and the proposed solutions before how the costs will be paid is determined. Motion by Norberg, second by Hentges that the City Council affirm the policy of the City and deny the request of Mr. Mackey to change the policy. Roll call: All ayes Motion by Norberg, second by Hentges to instruct the City Manager to seek informal bids and to do an exploratory excavation of the sewer in that location to determine the condition of the main line. Roll call: All ayes Councilman President Heintz called a recess at 9:00 pm on the advise of the City Attorney to disucss some legal affairs. The special meeting was reconvened at 9:20 pm. Mayor Nawrocki joined themeeting at this time. b. Group Health Insurance Plans-- Contract Renewals through Anoka County The City Manager gave the specifics of the plans being considered for City employee health insurance. Much discussion followed concerning one plan, Physicians Health, ~pe¢t a~ Meeting July 20, 1981 page 2 PHP is the choice of a total of 78 employees of the City at the present time. The new rates being proposed have raised significantly. PHP is offering two options on a retro plan. The Council discussed the merits of each of these retro plans. Three members of the Council support the "C" option. c. Mortgage Lien Release Agreement This agreement establishes the method by which P.J.Gaughan, one of the developers of the Downtown Development, can draw down funds from the bank. This agreement is between Gaughan Land Incorporated, the First National Bank of St. Paul and the City of Col- umbia Heights. Motion by Heintz, second by Hentges to authorize the Mayor and City Manager to execute the agreement. Councilman Norberg had concerns about this authorization and felt it could invite option buying. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg-- nay d. Resolution Authorizing Acquisition of Real Estate Property for Downtown Development On the advice of the City Attorney this item was dropped from the agenda. e. Street Lighting Bid-Project #8121 41st Avenue The Public Works Director reviewed the bids that were received for this project. Motion by Logacz, second by Heintz to authorize the Mayor and City Manager to enter into a contract with Collins Electric Company for Project #8121 with the base bid of $23,740. Councilman Norberg feels the lamps being selected for this project will be more likely to breakage and more expensive. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay f. Review Proposals and Select Architect to Conduct Evaluation of Columbia Junior High School as a Community Center The City Manager gave a brief run down of the five proposals that have been received from architectural firms for the evaluation of Columbia Junior High School. All of the firms submitting a proposal had been requested to also submit an energy audit. It was noted that this was not done by all of the firms. The deadline for submitting these proposals was 4:45 pm of this day, July 20th. The City Manager advised the Councli there has been little time in which to review these proposals in detail. Motion by Hentges, second by Heintz to table this item until the next regular Council meeting. Roll call: Logacz, Helntz, Hentges, Nawrocki--aye Norberg--nay g. Review Proposals and Select Architect to Undertake Design and Construction of a New Community Center and Renovation of John P. Murzyn Hall Motion by Hentges, second by Heintz to table this item until the study of Columbia Junior High School is completed. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay ~djournment Motion by Heintz, second by Hentges to adjourn the me~tlng at 1 : . : All ayes . . ~ Bruce G. Nawrocki, Mayor Ke'-T"t-h ~a~u~a, Secretary Pro-Tem-'~"~ 61 :~c,.~.:,~ J~ ~ F, ATTACHMENT 'B' ADMINtSTR3kTIVE CODE CKAPTER XI, Sec. ~-4 CHAPTER XI WATER ~ SEWER SERVICE LINE POLICY November 9, 1993 Section 1. Sco_~ This chapter of the city code sets forth the policy of the City regarding responsibility for maintenance and repair of private water or sewer services, Section 2- Definition~ A. Private Water Service -- all water lmne~ from a przvate structure or building to the public watermain in the street are private water services. B. Private Sewer Services -- all sewer lines from a private structure or building to the public sewer in the street are private sewer services regardless of size. c. City-Insualled Portion - the City-installed portion of the private water or sewer service will be that portion within the public right-of-way. Section 3. Poli____~cy o~ Repair and Maintenanc__e Any private water or sewer service which breaks, settles, or becomes blocked or frozen shall be the property owner's responsibility, except as noted below: A. The City shall assume the repair costs on any private water or sewer services that are damaged as a result of the installation, improper functioning, or repair of other City-owned facilities. B. The City shall assume the repair costs for any breaks, settlements or obstructions in the ,,city-installed portion" of the private water or sewer service that are found to be a result of improper construction and that occur within 2 years of the date of installation by the City. C. The City shall assume the repair costs for any breaks or settlements on the ,,city-installed portion" of private sewer services when breaks or settlements are found to exist on 50% or more of the services on that segmenh.of sewer main. D. The City shall pay for the extraordix]arY cost for repairs ~ade on the ,,city-installed portion" of private water or sewer service where conditions such as main depth, distance to t]%e main or location in a major roadway make ADMINISTRATIVE CODE C~IAPTEK XI, Sec. l-& the repair cost unusually expensive. The property owner will be required to pay the equivalent of a ,,typical repair" as determined by the City Engineer. The City shall assume the cost of thawing frozen private water service if the freezing occurs in the City- installed portion" and provided the depth of cover over the service, as it was originally installed, has not been reduced by the property owner. Section A. Procedures All calls relative to water or sewer breaks or blockages or frozen water services shall be referred to the City Engineer. The City Engineer shall direct an inspection of the pub%it water or sewer main to determine if the problem exists within the city main or private service, if the problem is within the private service, the City Engineer shall notify the property owner as to whether Subsection %, 2, or 3 apply. l. If the problem is within the privet water or sewer service and can be determined from section 3 to be the property owner's responsibility, the City Engineer shall notify the property owner orally and in writing that the property ov~er is responsible for the maintenance or repair work. If the maintenance or repair work will necessitate excavation of the private service, the property owner will be required to obtaiB a City repair permit at no cost. If the excavation will take place in the street or under the curb, a deposit will be required to guarantee proper repair of the street or curb. The excavator or plumber doing the work must be licensed by the City. 2. If tile problem can be determined from Section 3 to be the City's responsibility, the city Engineer shall proceed to make repair using City forces or contractual services as deemed necessary. The City Engiqeer shall notify the property owner that the maintenance or repair work will be the City's' responsibility. 3. if the responsibility for the repairs cannot be 'determined from Section 3 without excavating the private service, the City Engineer shall advise the property owner orally and in writing to proceed with repairs, the cost of which may or may not be paid by the city. TEL:612 781 9323 P. O0~ ATTAG Hfv~FP,,{T 'G' CHAPTER 4, STORM WATER FACILITIES, SANITARY SEWER, WATER, STREET EXCAVATION Section 400 - STOI-CM WATER AND SANITARY SEWER 400.01 Manet;er to Control. The Manager, under the direction of the Council, have control of the storm water and sanitary sewer systems, repair and maintenance of the systems and connections to the systems. 400.02 Plans to be Approved. No storm sewer or sanitary sewer line wil! be built, repaired, extended or connected with any public storm sewer or sanitary sewer unless and until all of the provisions of this Section are complied with and a permit has been issued as provided in this Section. 400.03 Prerequisites to Issue of Permits. No storm sewer or sanitary sewer linc'may be built, repaired, extended or connected with the public systems, except by a person duly licensed, in accordance with the provisions of this Code and Minn. Stat. § 326.38, relating to the licensing of plumbers, to perform such work~ nor shall a permit be issued or approved except when granted to such perspn. A permit will not be issued until the property owner agrees in writing to pay for the cormecffon and the connection fee established by the Council. 400.04 Sewer Permits. All applicants for sanitary or storm sewer permits must be made on forms provided by the Clerk by the person employed to do the work. Before beginning the work the applicant must file with the Clerk a plan for the work showing the whole course of the llne from its connection with the public sewer to the house or other building, with the location of all branches, traps and fixtures to be connected to the sewer. The applicant must also file drawings of the sewer proposed to be constructed. If the proposed sewer, as shown in the drawings, complies with the provisions of the plumbing code and other applicable laws, regulations and ordinances, the permit will be issued. 400.06 Connection with Public Sewer. All work will be in accordance with the plan and drawings approved by the City. The permit holder shall notify the plumbing inspector of the progress of the work at such stage in the course of the construction as the plumbing inspector may direct. The permit holder must notify the plumbing inspector when the construction of the sewer is complete and ready for connection with the public sewer, but before the connection is made. When the inspector signs the connect'ion permit, the sewer may then be connected to the public sewer. 'Work must be inspected by the plumbing inspector after it is completed but before the excavations are filled in. 400.07 Responsibility_ for Repairs and Maintenance. The owner of property having a building connected to the public sewer system is responsible for all repairs and CiTY OF ST. A~THO.X TEL:612 78t 93!3 ?.006 maintenance of that portion of the sewer system which runs from the bui'Iding to its connection with a common sewer line, including the connection to said line. 400.08 Construction Requirements. All connections with the public sewer must be made with pipe approved under applicable plumbing codes having an internal diameter of 4 inches. No sewer pipe connecting with any public sewer may have a fall of less than one-quarter inch to the foot. All pipe must be inspected and sublect to approval by the plumbing inspector before the same is laid. After any connection has been lald from a public sewer to the street llne, the pipe may not be covered until it has been duly inspected by the plumbing inspector and approved. The requirements of Section 400.15 regulating excavations ia public streets are to be strictly complied with in excavations for sewers. 400.09 Separate Connections. Every buil~ling shall separately and independentl, y connect with the public sewer, and in no instance, with the exception of a single dwelling house, shall an area greater than 25 fee~ frontage be drained through one connection. 400.10 Obstruction Prohibited. No refuse or solids of any sort obstructive to the flow of waste water may be placed, thrown or allowed to enter any public sewer, or allowed to remain in or on any trap or catch basin so as to obstruct the sewer. No person may injure or break or remove any portion of any catch basin, covering flag, gull grating, flush tank or manhole, or any part of any sewer, nor do any act obstructing or in any way interfering with the use of any sewer or the flow of waste water through any sewer. 400.11 Storm Drains. N'o property owner or occupant shall cause or permit a storm drain, rain spout or any other form of drainage or surface drainage to be connected with or to enter any public sanitary sewer. 400.12 Grease. A grease trap and grated slop basin must be constructed under the sink of every laundry, restaurant or other public cooking establishment. 400.13 Prohibited Waste. No person shall cause or permit any of the following iter~s to enter the public sewer systems: (a) Hazardous waste, hazardous chemicals, flammable or explosive materials, radioactive substances and toxic chemicals, including those ~ubstances listed in the United Sta~:es Department of Transportation Hazardous Materials Table '(49 CFR 172.101). Co) Refuse from butcher.shops, rendering establishments, packing houses and other industrial establishments. · Plymouth City Code 710.09 710.09. Objectives; Standard for Acceptance; Authority of Council to Vary. The objective of this Se6tion is to provide adequate and safe methods of Sewage disposal and to prevent the contamination of any existing or future water supply by any existing or future Sewage disposal system. Any system of special, unusual or new design which will satisfy the stated objectives may be accepted as complying with this Section, and any permit granted for the construction, installation, alteration, or repair of any such special system shall be subject to such conditions and guarantees as may be stated in the permit. The Council may, upon a showing of hardship or in unusual circumstances, vary the provisions of this Section in conformance with the objective stated herein. 710.11. Temporary Sewage Disposal Systems. Subdivision 1. Purpose and Application; Exceptions. This Subsection is intended to grant relief to property owners in those areas of the City where contracts have been awarded for the installation of a municipal sanitary sewer system but where installation of such a system has not been completed. In such areas, the construction of temporary sewage disposal systems may be permitted in accordance with the provisions of Minnesota Rules, Chapter 7080.0210, Subpart 6.E. Subd. 2. Two Ceskpools. The Building Official may require the use of two cesspools with a combined capacity of 1200 gallons if, i.n the judgment of the Building Official, the water table is abnormally high. All distance and piping requirements of this Section shall be complied with. Subd. 3. Pumping of Casspools Required. A cesspool installed in accordance with the provisions of this Subsection shall be pumped by the occupant of the premises as frequently as may be necessary to prevent the overflow of such Sewage Disposal System. Subd. 4. Connection to Municipal System. (a) A temporary Sewage Disposal System shall be abandoned and the premises served shall be connected to the municipal Sanitary Sewer System within 30 days from and after the date notice of the availability of such System is given by the Building Official to the occupant of the premises. (b) The notice of such availability shall be sent by registered mail, return receipt requested, to the owner or occupant of each property served by the temporary Sewage Disposal System. Receipt of such notice by any person residing in the premises, temporarily or permanently, shall be deemed to be effective notice of the availability of the municipal System. Subd. 5. Permit Provisions Applicable. The permit provisions of Subsection 710.01 are applicable to the installation of temporary Sewage Disposal Systems. Subd. 6. Bond Required; Conditions; Release. At the time of the application for a permit for a temporary Sewage Disposal System, the contractor or home builder shall post a bond with the City in the amount of $500.00 to secure to the City compliance with the provisions of this Subsection. Following connection of the system with the municipal Sanitary Sewer System, the bond may be released and discharged; provided, however, that as a further condition of such APR-28-1998 16:22 FROM CITY OF FRIDLEY TO ATTACHMENT 'D 7822875 P. ¢J2/'1@ 402.03. 402. UATER AND SEUER ADMINISTKATION (Cross-reference: Chapter 207) (Ref. 113, 464, 565, 566, 629, 638, 662, 922, 988) (This Chapter has been recodifted as of April 29,' I992 and includes all amendments to the Chapter enacted by the City Council prior to said date) (Second Readin$: April 6, 1992) 402.0l CITY MANAGEKRESPONSIBLE The City Manager in the City of Fridley shall have the responsibility of the management and operation of the municipal water system, sanitary sewer system and storm sewer system in The City of Fridley. The City Manager shall have immediate control and custody of all properties, be responsible for their safekeeping and their proper storage and care, and shall provide for the keeping of a full and accurate record of all work done with respect ~hereco, the ~hereof, the names of persons employed, hours worked and such other information and records as may be required by 'the City Council. Further, the City Manager ~hall have immediate charge of all employees necessary to the operation of the said utilities of the City. (Eel. 402.02. CONNECTION SERVICE No person shall make any type of connection to the municipal water system, the sanitary sewer system or the storm sewer system except upon making an application therefor on a form provided by the City and receiving a permI~ issued by the City for such purpose. The application shall include an exact description of the property to be served, the uses for which the connection is requested and the size of the service lines requested or to be used. Ac ~he ~ime of making such application, ~here shall be paid to ~he City a fee as designated in Sections 402.03, 402.0&, and 409.05, which shall be applied to, paid for, and received by the City for the purpose indicated. 402.O3. PROPORTIONATE SHAKE No connection shall be made or continued in use at any time with respect to any sewer or water connection serving property if any person or occupants of the land, parcel or premises affecged have not paid or provided for the payment of the full and proportionate share of the systems, sea-vices or improvements to be used as determined by the City Council, which share of the cost of said system, service or improvemen~ shall be payable as follows: A. For service to property to which service lines have nog been previously run from the street laterals to the property line, the owner, occupan~ or user shall pay into the City Treasury (Water and Sewer U~iliTy Fund) an amount not less than the cost of making connections, taps and installation of necessary pipe and appurtenances ~o provide service ~o ~he property and necessary street repairs. B. For service ~o property ~o which service lines have been run previously ~o the proper~y line but have not been paid for, ~he o~aer, occupant or user shall pa.T in cash or agree ~o pay charges RESFONSIBLE CONNECTION SERVICE PRO~ORTION- ATE SHARE 16:25 FROM CITY OF FRiDLEY TO ?8220?5 P.04/i0 408.io. Department within a reasonable time and upon demand therefore, the water service and supply to said premises may be shut off or discontinued as determined to be in the bes~ in~ere$~ of ~he City. _ ~. ~_,_,,_..,__~ .,~%----r-,,-.'~ After the initial connection has been made to the wager curb stop box or the sew er lead at the proper~y line or a wa~er se~tce or sewer lead has been ex~ended go ~he property line for connection, the applicant, o~er, or the occupant or user of such premises shall be liable for all repairs required to any water line or any sewer lines necessary for connection oft he premises from the property line to the premises. ro eru 'li~e to'<the .street mains,~ including'anysn~cessa~...repairs,~3 _.~t_..shall_be=thm-=rmspo~sibil%¢y~'~-.applican~, o~er, occupan~ or user to maintain the curb stop box at such height as will ensure that it remains above the finished grade of ~he land or proper~y. (Ref. 638) 402,07, TAMFERING PROHIBITED It shall be unlawful for any pm=son to tamper with, alter, by-pass or in any manner whatsoever interfere wi~h the proper use and functioning of any water me=er owned by .the City. 402.08. SEWAGE AND WASTE GONTROL The "Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System" as adopted by the Metropolitan Waste Control Commission, December. l, 1977, is hereby adopted by reference and incorporated into and made a part of this Code as completely as if set ou~ here in full. REPAIRS TO CONNECTION TAMPF. RING PROHIBITED SEWAGE AND WASTE CONTROL 402.09. CONSENT TO REGULATIONS Every person applying for water or sewer service and every owner of proper~y for which any such application is made shall be deemed upon making such application to consent to all rules, regulations and rates set forth in this Chapter, and such further rules, regulations and rates as may thereafter be set forth and adopted by the City Council. 402.10. METER READING AND PAYMENT FOR SERVICES 1. The City may provide a system of water meter reading by pos~-card, meter-reader, or any other method deemed suitable to the purpose by the City Council. The City may also establish billing areas or districts and provide for the readings of meters and billing char~es · by calendar quarters or monthly quarters, or such periodic inzez-vals as the City Council shall determine suitable and necessary from time go time to the needs of the City. In the case of a post-card meter reading, each consumer shall mail or return the meter card on or before the due date. · 00NSENT TO REGULATIONS METER READING AND PAYMENT FOR SERVIGE$ 2. Each consumer shall be assessed a one dollar ($1.00) penalty for any card not returned within seven (7) days of the due date. waters or wastes, they shall be maintained continuously in ~i~fac~ory and effective operation, and records maintained concerning quality of the effluent, by the owner, at his expense. Such facilities and all associated records shall be subject to inspection by the City. 4.326(8) ~a~ntenance of Services The owner shall.be responsible for maintenance of the building service, including cleaning, repair and replacement. All other City requirements shall be met in the maintenance of building services. 4.326(9) ~equirements Of Manholes The owner of any property serv. ed by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such marzhole, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the City Engineer. The manhole shall be installed by the owner, at his expense, and shall be maintained by him so as'to be safe and accessible at all times. The City shal~ have right of access to inspect or sample effluent at all times. 4.326(10) ~easurements, Test~ and ADalvses Ail measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in 4.326(3) and 4.326(5) of this section shall be determined in accordance with methods employed by the Minnesota Department of H~alth, and shall be determined at the control manhole provided for in 4.326(9), or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. 4.326(11) Special ProvisioDs: Industrial Wastes ~o provision of this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment subject to payment therefore by the industrial concern. 4.327 MISCELLANEOUS SEWAGE REGULATORY PROVISIONS 4.327(1) Property DamaGe 112 u 4.324 4.325 4.325(1) 4.325(2) owner. The owner shall ind%m~.~fy the ~ity for .any .l~ss~ damage that may directly or xnd~rectly be occaslone~ Dy installation of the building sewer. The city engineer shall establish rules and regulations for the proper implementation of this part, which when approved by the council by resolution, shall govern the installation of building sewers and connections. ~EWER RATES Sewer rates shall be established by resolution of the City Council and billings shall b e administered as delineated in 4.314(3) of this Chapter. Quantity of sewage for billing urposes is based upon water metered, or required metered, ~- ~ ..... ~ - ~urce other than the city water system installe~ and maintained, at the property own=r s expense, for the specific purpose of metering sewage. ~EWER CONSTRUCTION; GENERAL REOUIREMENTS AND ~PECIFICATIONS Separate Buildinq Sewers A separate and independent building sewer shall be provided for every building and in the case of residential property, one living unit, uhless otherwise authorized by the City Engineer. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Public Works Department, to meet all requirements of this section. Connection to Public ~ewer The connection of the building sewer into the public sewer shall be made at the wye branch, if such branch is available at a suitable location. If the public sewer is twelve (12) inches in diameter or less, and no properly located wye branch is available, the owner shall at his expense install a wye branch in the public sewer at t~e location specified by the City Engineer. Where the publxc sewer is greater than twelve (12) inches in diamete~,.a~d no properly located wye branch is available, a nea= n?Ae may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about forty-five (45 degrees) degrees. A forty-five degree ell ~ay be used to make such connection with the spigot end cut so as not to extend past the inner surface of the public sewer. The 0.8 point of the building sewer at the point of connection shall be at the 0.8 point or at a higher elevation than the public sewer. A smooth,, neat joint shall be made, and the connection made secure and 112 p CITY COUNCIL LETTER Meeting of:. 5/11/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO. 4 PUBLIC WORKS ITEM: AWARD PURCHASE OF ENGINEERING COPIER BY: K. Hansen~-~ BY: NO. ~t,, t~" q DATE: 5/7/98 ~ DATE: Background On February 9, 1998 the City Council authorized staff to seek quotes for an Engineering Copier to replace the Xerox 2510 Copier, purchased in 1989. Analysis/Conclusions Staff sent informal quotes to 8 vendors. A summary of their quotes is shown on the attached sheet. The low bid of $6,579.68 with trade-in was submitted by Minn/blue Digital for a Xerox 3030 Engineering Copier The annual maintenance cost and cost for supplies is similar to what the other vendors and makes of copiers provide. There is $10,000 budgeted in the Equipment Replacement fund (431-43100) RECOMMENDED MOTION: Move to award purchase of Xerox 3030 Engineering Copier from MinnBlue Digital of Minneapolis, Minnesota, based on their low quote of $6,579.68 with trade-in of Xerox 2510 ($9579.68 minus trade-in deduction of $3,000), and to authorize Mayor and City Manager to enter into an agreement for the same. 98-159 Attachment: Tabulation COUNCIL ACTION: o~ ~ ~00 0~00 ~ ~00 . 0 0~00 0000 0 0~00 0 0 0 ~oo ~o o ~00 O~ 0 ~00 0 0 0 0 ~ o O0 0 0 -~ 0 0 ~ o ~'~ 0 0'~ 0 O~ 0 ~, o-, o o O~ 0 0 01 0 CITY COUNCIL LETTER Meeting of: 5/11/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO. t,~ PUBLIC WORKS JAMBOREE BY: K. Hanse~'~ BY: ITEM: PERMITS FOR 1998 NO.~'/' t~' r~ DATE: 5/7/98 ~ DATE: The Jamboree will be held June 24-28th this year. The carnival, operated by Serie Fun Shows again this year, usually arrives a day or two before opening which would require closing off Jefferson St. on Monday afternoon, June 22nd. Staff is requesting permission to close Jefferson.Street from the alleyway on the north end of Huset Park to the railroad tracks north of 39th Avenue providing appropriate arrangements are made with various City departments including the application and payment of necessary licenses and permits and that appropriate deposits are submitted. The annual Jamboree Parade will be held on Friday, June 26, 1998, beginning at 6:30 P.M. The parade route is the same as previous years. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the Jamboree parade. RECOMMENDED MOTION: Move to authorize staff to close Jefferson Street from Monday afternoon, June 22, 1998, through Sunday, June 28, 1998. RECOMMENDED MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 26, 1998, at 6:30 P.M. for the following streets: Central Avenue at 45th Avenue to 40th Avenue; west on 40th Avenue to 5th Street; and 5th Street to Mill Street. RECOMMENDED MOTION: Move to authorize fireworks on June 27, 1998, (rain date of October 2, 1998), in conjunction with the Jamboree activities and to appropriate up to $2,000 to be earmarked for firework display from fund 101-45050-4378. KU.'jb 98-155 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/11/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO. ~ PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS BY: K. Hanse~j~ BY: NO. FOR 1998 MISCELLANEOUS DATE: 5/7/98 ~ DATE: CONCRETE ~" ~ "q The City has a program each year to replace miscellaneous concrete structures such as curb and gutter, sidewalk and street. The concrete replacement is budgeted for in the Public Works Department Budgets, such as in the water fund for repairs of damaged concrete caused by water main breaks, or paid for with funds generated by projects, such as special assessments for the curb and gutter replacement in seal coat areas, or State Aid funds for the concrete street replacement needed to install the concrete railroad crossing. RECOMMENDED MOTION: Move to authorize staff to seek sealed bids for 1998 Miscellaneous Concrete Replacement and Installation Project. KH:jb 98-156 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/11/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO. t,~ PUBLIC WORKS ITEM: AUTHORIZATION TO OBTAIN QUOTES BY: K. Youn~ BY: NO. FOR CONCRETE RAILROAD CROSSING DATE: 5/7/98 ~ DATE: ¢- Baekeround The City has been working with CP Railway to replace the existing rail road crossing on 376 Avenue, west of Stinson Blvd with a concrete crossing. Under the terms of the proposal, CP Railway will provide labor, material and equipment to remove the existing crossing material, reconstruct the rail, ties and ballast and install the concrete crossing material through the crossing area. The City is responsible for supplying the concrete crossing material, and traffic control, detours and replacement of the adjacent concrete panels during reconstruction of the crossing This proposal was reviewed with the City Council at a work session last fall. Analysis/Conclusions The City is responsible for purchasing the concrete crossing material. anticipated cost of the crossing material is $10,000-$11,000. CP Railway supplied the crossing material suppliers listed below. The Material suppliers: Premier Concrete RR Crossings P.O. Box 11305 Portland, Oregon 97211 Omni Products, Inc. 3911 Dayton St. McHenry, Illinois 60050 Staff has submitted plans to Mn/DOT for reimbursement from State Aid Construction funds for the City's share of the work. RECOMMENDED MOTION: Move to authorize staff to obtain quotes for railroad concrete crossing material. 98-157 COUNCIL ACTION: CITY COLTNCIL LETTER Meeting of : MAY 11, 1998 AGENDA SECTION:~ CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ ADMINISTt~ATION APPROVAL ITEM: REQUEST TO VACATE ALLEY BY: JAi~E GLEASON & BY: First Rdg, Ordinance No, 1373 JOSEPH HOLLMAN NO: ~'~'~ DATE: MAY 5, 1998 A request to vacate a portion of an alley lodated in the Central Avenue Subdivision and the Spain's Addition has been received. This is in conjunction with the development and re-plat of the area at 37th and Central Avenue N.E. to be called BOBBY AIFD STEVE'S AUTOWORLD. The Public Works Department has looked at the alley and has no objection to it being vacated, with the utility easement remaining in place. The City will receive a 16 foot access easement to the North-South alley as part of the new BOBBY AND STEVE'S AUTOWORLD plat. RECOMMENDED MOTION: Move to waive the first reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish May 26,~ 1998 at approximately 7:00 p.m. as the second reading of Ordinance No. 1373, an Ordinance Amending Ordinance No. 853 City Code of 1977, Vacating a portion of a Certain Alley. COUNCIL ACTION: j &ne. g\ legal\alyvacat .ltr ORDINANCE NO. 1373 BEING AN ORDINANCE AMENDING ORDINANCE NO.853 CITY CODE OF 1977, VACATING A CERTAIN ALLEY AND ACCEPTING AN ACCESS EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: That part of the alley found within the plats of CENTRAL AVENUE SUBDIVISION and SPAIN'S ADDITION, Anoka County, Minnesota lying between the easterly extension of the northerly line of the South 41 feet of Lot 9, said CENTRAL AVENUE SUBDIVISION and the northwesterly right of way line of RESERVOIR BOULEVARD, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. 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COUNCIL MAY 11, 1998 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL *A-Trust d/b/a A-Aarons Plumbing *Blacktop Paving of Minnesota *Commercial Drywall *Diversified Roadways *W.L. Hall Company *Lurid Martin Construction *Minnesota Sign Company *Scandy Concrete, Inc. Total Air 8upply P.O. Box 712 9159 lsanti St. N.E. 9155 Davenport St. N.E. 522 Broadway St. N.E. 14800 Martin Drive 3023 Randolph St. N.E. 791 S. Garfield Street P.O. Box 18775 541 No..Wheeler St. 40.00 40.00 4O.OO 40.00 40.00 40.00 40.00 40.00 40.00 PEDDLERSISOLICITORS POLICE DEPARTMENT *Gerald Brian Johnson 1298 N.E. 52"" Avenue June 26 & 27, 1998 Along parade route & in Huset Park 50.00 *Justin Ryan Truckenbrod 1300 N.E. 52"" Avenue June 26 & 27, 1998 Along parade route & in Huset Park 50.00 *Erik Robert Johnson 1298 N.E. 52"" Avenue June 26 & 27, 1998 Along parade route & in Huset Park 50.00 TREE SERVICES PUBLIC WORKS DIRECTOR *Bluemel's Tree Service *Jim's Tree Service 551 Drew Drive, Hudson, Wi. 4356 Monroe St. N.E. 50.00 50.00 license.ag JERRY JOHNSON MATT M1LNER SALES 1298 52ND AVENUE N.E. FRIDLEY, MINNESOTA 55421 April 24, 1998 City Council City, of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Dear City Council Members: I respectfully request authorization to sell novelties at the Columbia Heights Jamboree Parade and Fireworks Display June 26th and 27th. For the Jamboree Parade my intention is to sell toys and balloons along the parade route the evening of June 26, 1998. We usually use 2 or 3 grocery carts for this purpose. We will only be selling 1 hour before the parade and until the parade is completed, a total of 2 to 3 hours. For the June 27th Fireworks Display I request permission to sell novelties, such as Glow Necklaces and Silly String, starting a couple of hours before the fireworks display. I am a active Columbia Heights Lion's member and participate in many community functions. [ would appreciate special consideration on a blanket permit, totaling $50.00; to cover the 2 or 3 selling units at the Jamboree Parade and consent to sell novelties at the Fireworks Display. A $50.00 permit for each unit would cost $300.00 and would be prohibitive, because of the cost and nature of the business, i.e. weather conditions, ect. Thank you for any consideration you can give me in this matter. Sincerely, Jerry Johnson Matt Milner Sales C ,TY OF COLUMBIA HEIGHTS (!--) 637 38TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612)782-2880 TDD 782-2806 PROCLAMATION NATIONAL PUBLIC WORKS WEEK WHEREAS, Public Works services provided in our community are an integral part of our citizen's lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of Public Works systems and program such as water, sewer, streets and highways, public buildings, solid waste collection, and snow removal; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependent upon the efforts and skill of Public Works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works Departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, I, Joseph Smrdevant, Mayor of the City of Columbia Heights, do hereby proclaim the week of May 18 through May 22, 1998, as "NATIONAL PUBLIC WORKS WEEK" in the City of Columbia Heights, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which Public Works officials make every day to our health, safety, comfort and quality of life. (Seal) Mayor Joseph Sturdevant THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS Meeting of: May 11, 1998 AGENDA SECTION: : ~: ~ -? ORIGINATING CITY MANAGER NO: OTHER ORDINANCES DEPARTMENT: Comm. APPROVAL q RE SOLUT IONS Dev. PUBLIC HEARING: Second Reading Ordinance BY: Kenneth R. Anderson BY: No. 1372 ~' ~ '/ DATE: APRIL 8, 1998 ITEM: SALE OF LAND AT 566 38TM AVE NE BACKGROUND: This is the second reading of Ordinance NO. 1372 The City has retained ownership to several properties that are vacant of any structures and available for sale. A letter has been received from Quality Checked Construction, Inc. to purchase the property at 566 38th Ave. NE for the amount of $18,500.00. Quality Checked Construction, Inc. has purchased three other available lots in the City located at 4613/15 Pierce Street NE, 578 38th Ave. NE, and 572 38th Ave. NE. The proposed structure is a home of 1,086 square feet with a sale value of approximately $123,000. The home will include a front porch and 22' x 22' attached double garage. The two other structures on 38th Ave. NE were constructed as 1,020 sq. ft. split foyer buildings. Quality Checked Construction, Inc. has secured a Purchase Agreement this past weekend from a prospective buyer for this property and for the home to be built substantially in conformance with the attached plans. The attached letter states the home will be a split foyer of 1,020 sq. ft. This letter was prepared expecting a model home would be constructed and the proposed home has been changed to meet the needs of the prospective buyer. ANALYSIS: The property at 566 38th Ave. NE has been available for quite some time. The estimated market value is $23,300 for taxes payable in 1998. The proposed purchase price of $18,500.00 is consistent with the approved sale prices for other properties owned by the City. CONCLUSION/RECOMMENDATION: Staffrecommends approval of the sale of the property to Quality Checked Construction, Inc. subject to the terms included in the attached draft Sale and Development Agreement and substantially in conformance with the plans submitted. MOTION: Move to waive the second reading of Ordinance No. 1372, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1372, an Ordinance amending Ordinance No. 853 City Code of 1977. Attachment COUNCIL ACTION: h:\qualchkcontraB ORDINANCE NO. 1372 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND ORDINANCE NO. 1294, AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 566 38TM AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Construction, Inc., the real property described as follows, to wit: That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the sale and development agreement. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Apdl 27, 1998 Second Reading: Hay 11~. 1998 Date of Passage: Hey 11: 1998 Offered By: R,,~ i m~r~.n. Seconded By: Peterson Roll Calk A1 1 aves Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor Quality Checked Construction, Inc. 16300 Makah Street NW Andover, Mn 55304 421-5221 To Ken Anderson, We prol2ose to purchase the lot at 568 38th AV. NE for $18,500. This will be for owner occupied clients. We understand that the City of Columbia Heights will guarantee that the lot will be buildable for a five coarse basement. The city will guarantee the sewer and water connections will be to property line and not in the street. Taxes on the lot will be prorated and on the lot only. We understand the terms are $1000.00 down and the balance due at the closing to the third party. The plan is to start construction as soon as the city approves this and all necessary papers are filed. The house plan is to be a split foyer 1020 sq. ft. home with double attached garage. Plan number 2BSE83222. We use 2x6 walls, all oak woodwork, and custom cabinets. The exterior will have vinyl siding and brick per plan and raised pane! stee! gara,ce door. This is the same design that we have and are buiiding on the other two lots on 572 and 578 38th Ay. Thank-you for your consideration. S~ncere,y, .....~..- ~- ~- Michael L. Vagte Cres.~ Madison X C~IQ~ ~000 Each Home Cuslom Designed to Fit Your Needs. ECHNIQUE 000 Each Home Custom Designed to Fit Your Needs. STANDARD FEATURES Asphalt Driveway Water and Sewer Hook-up Allowance Cultured Marble Vanity Top(s) Custom Oak Cabinets Dishwasher Double Attached Garage Electronic Ignition Gas Furnace Electric or Gas Hook-up for Dryer Electric or Gas Hook-up for Range Formica Counter Tops 40 Gallon Hot Water Heater Foundation Insulation Garbage Disposal Generous Floor Covering Allowance Liberal Light Fixture Allowance Oak Doors and Trim t2ne-~ae..~otaea Tub>Shower. Main~tr~&nce Flee WindoWs Flush Panel Wood Garage Doors Oak Princeton Trim Around Doors 100 - AMP Electrical Service Plate Glass Bath Mirror Range Hood Rough-in for 3¼ Bath 2 x 6 Exterior Walls R 4d Ceiling Insulation Single Lever Faucets (Moen) Skirt Boards Sliding Glass Door Smoke Detector Stainless Steel Kitchen Sink Thermal Steel Entry Doors Wood Railings Vinyl Siding Aluminum Soffits GUARANTEED PRICE SALE AND DEVELOPMENT AGREEMENT RELATING TO 566 38~ Ave. NE BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND Quality Checked Construction, Inc. SALE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this __ day of ,1998, by and between the City of Columbia Heights (hereinafter called the "City"), and Quality Checked Construction, Inc. (hereinafter called the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consider- ation of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1.01. The Property. The City now owns the property described in the attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minne- sota. 1.02. Facilities and Pro|ect. The Developer, in accordance with City approval, plans to construct or cause to be constructed on the Property a single family home. The Developer shall provide the City with a copy of its plans and specifications showing details on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the City for review and approval prior to the issuance of any building permits on the property by the City of Columbia Heights. Section 2. Sale/Purchase of Property. 2.01. Sale. The City agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the City for the purchase price of $18,500. Developer shall begin construction of the home within three (3) months of the date of execution of this Agreement and shall complete construction within twelve (12) months from said start date, at which time the City will convey fee title to the property by Quit Claim Deed to Developer. Developer shall deposit $1,000.00 earnest money with the City either prior to, but no later than upon execution of this Agreement. Section 3. Developer's Representations. The Developer hereby represents, warrants and covenants to the City that: 3.01. Compliance. The Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Developer will also comply with all State and local codes/ordinances. 566 38th Ave. NE Page 2 Section 4. Developer's Undertakings. 4.01. New Construction. Developer shall be solely responsible for the construction, marketing and sale of the single family home on the Property. The minimum selling price (or estimated market value if homesteaded and not sold) of said home shall be $85,000.00. 4.02. Floor Plan. Developer will be responsible for submitting to the City, and obtaining pre-approval of the floor plan and front elevation of the home proposed to be constructed on the Property. Said pre-approval must be obtained before the City of Columbia Heights will issue any building permits to Developer. 4.03. Fees and Charges. The Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City of Columbia Heights with respect to the Property. Upon conveyance of the Property by the City, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. 4.04. Existing Improvements. The Developer will be responsible for removing any existing structure, foundation and debris from the property and will assure that water and sewer services are stubbed to the boulevard at no cost to the City. The Property is currently vacant of any structure(s). Section 5. City Undertakings. Section 6. Default. 6.01. Default. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the City may take one or more of the following actions: a. suspend performance under this Agreement; b. terminate the Agreement, thereby rendering void any promises or approvals contained in this Agreement; c. retain bidder guarantee submitted as cash, cashier's check, or money order in the amount of $1,000.00. 566 38th Ave. NE Page 3 Section 7. Notices. 7.01. Notices. All notices hereunder shall be in writing and either delivered personally or mailed by certified mail, postage prepaid, addressed to the parties at the following addresses: City City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 Developer Quality Checked Construction, Inc. 16300 Makah Street NW Andover, MN 55304 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed the day and year first above written. CITY OF COLUMBIA HEIGHTS By: Its: Mayor By: Its: City Manager DEVELOPER By: Developer 566 38th Ave. NE Page 4 STATE OF MINNESOTA ) COUNTY OF ANOKA ) On this __ day of ,1998, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is Joseph Sturdevant named in the foregoing instrument, the Mayor of Colum- bia Heights, a body corporate and politic under the laws of the State of Minnesota, and that this instrument was signed as his/her free act and deed. Notary Public STATE OF MINNESOTA ) COUNTY OF ANOKA ) On this __ day of ,1998, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me dUly sworn, did say that he is Walter R. Fehst named in the foregoing instrument, the City Manager of the City of Columbia Heights, a body corporate and politic under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this day of ,1998, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is named in the foregoing instrument, and that this instrument was signed as his/her free act and deed. Notary Public 566 38th Ave. NE Page 5 Exhibit A PROPERTY ADDRESS: 566 38thAvenue NE PIN #: 35-30-24-43-0066 LEGAL DESCRIPTION: That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. CITY COUNCIL LETTER Meeting of: May 11, 1998 AGENDA SECTION: OTHER ORD ~ NANCES' ORIGINATING DEPT.: CITY MANAGER ~ License Department APPROVAL NO: '~ RESOLUTIONS ITEM: Ordinance No. 1370 Pertaining to the Licensing of BY: Kathryn Pepin BY: Pool/Billiard Halls DATE: April 28, 1998 No: r/. 4- BACKROUND This office has received a request from the owners of Jimmy's Pro Billiards of 4040 Central Avenue for an amendment to Section 5.402(7) of the License Ordinance Section pertaining to the licensing of Pool/Billiard Halls. A copy of that request is attached. The section pertaining to the licensing of pool/billiard halls was amended by Ordinance #1286 on May 9, 1994. The License Review Committee has also reviewed this section and recommend some minor changes which would include moving the language of Section 5.402(8) forward in the ordinance and renumbered it as Section 5.402(2). In that section, we also recommend, for administrative reasons, eliminating the reference to the specific Chapter 9. I05(5) and change it to read the Zoning Ordinance. It is possible that the chapter numbers of items in the Zoning Ordinance will be changing once it is rewritten and reworked this year. The change previously explained will alter the sequence of the numbers of the sections. These changes, along with two alternative language changes (Draft #1(attached) and Draft #2 ) pertaining to the age limitation and hours of operation as drafted by the License Review Committee were reviewed at the City Council meeting of March 23, 1998. The Council requested specific language be drafted in another alternate form (Draft #3 attached). These drafts were reviewed at the City Council work session of March 30, 1998. The City Council requested that Draft #2 be eliminated. Draft #3 was reviewed by the Youth Initiative Commission at their meetings of April 6 and April 20, 1998. At the April 20, 1998 meeting the Commission voted to unanimously recommend to the City Council the approval of Ordinance #1370 with the following language: "Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person in the 8th grade and younger from entering the establishment as a patron unless accompanied by a parent or legal guardian, and further, that any person not at least 18 years of age shall be prohibited from remaining in the establishment as a patron beyond Y2 hour prior to their curfew with notification of the upcoming curfew given by the establishment one hour prior to said curfew". They also recommend that Project Safety Net be utilized in doing curfew enforcement as it pertains to the pool hall. This language has been incorporated into Draft #4 attached changing the language of "eighth grade" to reflect the age. COUNCIL ACTION: ccag398 C~T¥ COUNCil LETTER Meeting of: May 11, 1998 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Ordinance No. 1370 Pertaining to the Licensing of BY: Kathryn Pepin BY: Pool/Billiard Halls DATE: April 28, 1998 NO: ANALYSIS/CONCLUSION The recommendation of the Youth Initiative Commission to prohibit any person not at least 14 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian has been incorporated into Draft #4 (attached). At the City Council meeting of April 27, 1998 the City Council conducted a first reading of Draft #4 of Ordinance #1370. RECOMMENDED MOTION Move to waive the reading of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls as ample copies are available to the public. Move to adopt Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls implementing the recommendations of the License Review Committee and the Youth Initiative Commission. COUNCIL ACTION: ccag398 ORDINANCE NO. 1370 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD HALLS The City of Columbia Heights does ordain: Section 2: Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person (a) possesses a license issued pursuant to the provisions of this chapter; and (b) is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.411 (2)(b-e). 5.402(3) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) (b) (c) (d) the nature of other licensed or proposed business or commercial activity; the name and date of birth of the licensee or license applicant for such a business; whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises; 5.402(4) Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. 5.4O2(5) 5.402(6) 5.402(7) 5.402(8) 5.402(9) (a) (b) (c) (d) (e) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. No pool hall licensed under this section: (i) shall be located: (a) within three hundred (300) feet of any school building or church, or, (b) if no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church; (ii) Any pool hall or billiards hall operating pursuant to Section 5.402(7)(i)(b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. For any person operating a pool hall or billiards hall pursuant to this section 5.402, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of Chapter 9.105(5). The license may be revoked or suspended in accordance with this Chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: Fraud, deception or misrepresentation in connection with the securing of a license; Conduct inimical to the interests of public health, safety and welfare; Conduct involving moral turpitude; Conviction of an offense involving moral turpitude by any court of competent jurisdiction; Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City received five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall: fencing of stolen 9oods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. Shall hereafter be amended to read as follows: SECTION 2 POOLIBILLIARD HALLS 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person: (a) (b) Possesses a license issued pursuant to the provisions of this chapter; and Is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) 5.402(3) 5.402(4) For any person operating a pool hall or billiards hall pursuant to this section, a Conditional Use Permit shall be required and issued pursuant to and in accordance with the provisions of ~ the Zoning Ordinance. For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.411(2)(b- e). A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) (b) (c) (d) The nature of other licensed or proposed business or commercial activity; The name and date of birth of the licensee or ficense applicant for such a business; Whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; Whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. 5.402(5) Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. 5.402(6) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. 5.402(7) Applications under this section shah include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be 9rounds for denial of said license application. 5.402(8) No pool hall licensed under this section ¢) shall be located: (a) Within three hundred (300) feet of any school building or church, or (h) If no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church. 5.402(9) Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person not at least 14 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. Any person not at least 18 years of age shall be prohibited from remaining in the establishment as a patron beyond ½ hour prior to their curfew with notification given by the establishment one hour prior to curfew. The curfew requirements shall be prominently displayed inside at all entrances and exits to the business and in at least two other locations inside the hall. 5.402(10) The license may be revoked or suspended in accordance with this chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; (b) Conduct inimical to the interests of public health, safety and welfare; (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction; (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addi;don to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City receives five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool/billiard hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. First Reading: Apri 1 27, 1998 Second Reading: Hay 11, 1998 Date of Passage: Hay 11 ~ 1998 Offered by: Seconded by: Roll Call: Peterson Sturdevant All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: May 11, 1998 AGENDA SECTION: OTHER ORDI NANCES ORIGINATING DEPT.: CITY MANAGER NO: I~ RESOLUTIONS License Department APPROVAL ITEM: Ordinance No. 1371 BY: Kathryn Pepin BY: NO: Pertaining to Cigarette/Tobacco Sales '~' ~ - ,~ DATE: April 28, 1998 BACKGROUND Due to significant requirements pertaining to tobacco use adopted by the Federal and State government, cities are required to adopt and implement these changes, many of which went into effect August 1, 1997. Staff has used the model ordinance received from the Minnesota League of Cities. The model is based on provisions of ordinances from cities across the country and on the minimum standards imposed by Minnesota Session Laws 1997, Chapter 227. The provisions of this model ordinance have either been upheld by the courts, or should be readably defendable. ANALYSIS/CONCLUSION A multitude of staff time and the City Attorney's time has gone into the review, compilation, discussion and adaptation of this proposed ordinance to the needs of Columbia Heights. This ordinance was presented to the City Council at their work session of March 30, 1998 for review and discussion. No recommendations were made for changes. At the April 27, 1998 City Council meeting, a first reading of Ordinance No 1371 was conducted. RECOMMENDED MOTION Move to waive the reading of Ordinance No. 1371, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Cigarette/Tobacco Sales as ample copies are available to the public. Move to adopt Ordinance No. 1371, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Cigarette/Tobacco Sales. COUNCIL ACTION: tobaccolic~ns~ord.~pd ORDINANCE NO. 1371 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CIGARETTE/TOBACCO SALES The City of Columbia Heights does ordain: Section 2: Section 5.302 of Ordinance NO. 853, City Code of 1977, which currently reads as follows, to wit: 5.302(1) No person shall engage in the trade or sale at retail of cigarettes or cigarette wrappers without a license issued pursuant to the provisions of this chapter. 5.302(2) License applicants under this section shall state in the application the location where cigarettes or cigarette wrappers will be sold, the general nature of other business conducted at said location, and whether sales will be made by vending machine or over the counter. 5.302(3) A separate license shall be required for each location or machine where cigarettes or wrappers are sold. 5.302(4) No licensee or agent or employee thereof shall sell or distribute cigarettes or cigarette wrappers to a minor. 5.302(5) The requirements for a license under this section is supplemental to the requirement for a license under any other section of this Article. Shall hereafter be amended to read as follows: SECTION 2 CIGARETTE/TOBACCO SALES 5.302(1) PURPOSE. An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in the City and to reduce the illegal sale, possession, and use of such items to and by minors. Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of State laws; studies have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Mn. Statute 144.391. 5.302(2) DEFINITIONS AND INTERPRETATIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: (A) Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. (B) Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. (C) Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. (D) Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. (E) Individually Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this section shall not be considered individually packaged. (F) Loosies. "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. (G) Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. (H) Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. (I) Moveable Place of Business. "Moveable Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. (J) Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. (K) Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the.use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices. 5.3O2(3) LICENSE REQUIRED. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related devices without first having obtained a license to do so from the City. (A) Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and an,/additional information the city deems necessary. Upon receipt of a completed application, the License Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. (B) Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. The clerk will refer the completed application to the Police Department for a background and record check prior to formal review by the City Council. If the City Council shall approve the license, the License Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the Council's decision. (C) Term. The term of each license shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (D) Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. (E) Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the.license was issued. Change of location or applicant will be required to be treated as a new application. (F) Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. (G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. (H) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for renewal shall be made at least sixty days but no more than ninety days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. 5.302(4) FEES. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. 5.302(5) BASIS FOR DENIAL OF LICENSE. The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: (A) The applicant is under the age of 18 years. (B) The applicant or any employee thereof has been convicted within the past five years of any violation of a Federal, State, or local law, ordinance provision, or other 5.302(6) regulation relating to tobacco or tobacco products, or tobacco related devices. (C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve months of the date of application. (D) The applicant fails to provide any information required on the application, or provides false or misleading information. (E) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. PROHIBITED SALES. It shall be a violation of this ordinance for any persons, employee or responsible party to sell or offer to sell any tobacco, tobacco product, or tobacco related device: (A) To any person under the age of eighteen (18) years. (B) By means of any type of vending machine. (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. (D) By means of Ioosies. (E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (F) By any other means, to any other person, or in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. 5.302(7) 5.302(8) VENDING MACHINES PROHIBITION. It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. SELF-SERVICE SALES. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this section before a new license is issued for the next license year. 5.302(9) RESPONSIBILITY. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. It shall be the license holders responsibility to provide training to any employee conducting tobacco sales and/or sales of tobacco related products and devices and to document proof of such training to be provided upon request by any enforcing agent of the City. 5.302(10) COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the City Police or other authorized City Official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minors age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. 5.302(11) OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a violation of this ordinance. A. Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. B. Illegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. C. Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. D. Illegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall also be violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. E. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 5.302(12) VIOLATIONS. In addition to any fine or other penalty, whether civil or criminal, violation of this ordinance by a licensee under this ordinance shall be grounds for the suspension or revocation of the license. A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. B. Hearings. If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. C. Hearing Officer. The City Council shall serve as the hearing officer. D. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officers reasons for finding a violation and the penalty to be imposed under the Penalty section of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. E. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred. F. Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. G. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. 5.302(13) PENALTIES. A. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine of 875.00 for a first violation of this ordinance; ,~200.00 for a second offense at the same licensed premises within a twenty-four (24) month period; and 8250.00 for a third or subsequent offense at the same location within a twenty-four (24) month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days. B. Other Individuals. Other individuals, other than minors regulated by Section C of this subsection, found to be in violation of this ordinance shall be charged an administrative fee of 850.00. C. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be required to attend a diversion or educational program. D. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. 5.302(14) 5.302(15) EXCEPTIONS AND DEFENSES. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. SEVERABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. First Reading: Second Reading: Date of Passage: April 26~ 1998 May 11, 1998 May 11~ 1998 Offered by: Seconded by: Szurek Peterson Roll Call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: May 11, 1998 AGENDA SECTION: OTHER BUS I NESS NO. ~ ITEM: 1998 Project Safety Net Bill NO. q'e'l ORIGINATING DEPARTMENT POLICE,,.~,~ Thomas M. Johnson,_~ BY: DATE: May 6, 1998 i L/ , CITY MANAGER APPROVAL: BY: DATE: BACKGROUND: In 1995 the cities of Columbia Heights, Hilltop, and Fridley began a program known as Project Safety Net. The purpose of this program is to give the police departments of Fridley and Columbia Heights a resource to deal with juveniles who are caught out on the streets after curfew. This program allows the officer to pick up the juvenile, write a tag, and then instead of waiting for the parent or guardian to be contacted and come and pick up the juvenile, the officer takes the juvenile to the curfew center. The curfew center is located in the Fridley Community Center and is staffed, by trained social workers, who supply an immediate intervention for this problem, contact the parents or guardians for pickup, give referrals and follow-up to the problem. In 1997, due to Coon Rapids and Blaine joining this service and because of grants that were obtained, our fee for the year was waived. In 1998 the bill to our city for this service is $6,000. ANALYSIS/CONCLUSION: I am recommending that we pay the fee for the use of Project Safety Net. Over the past few years numerous officer hours have been saved by using this service. Officers are no longer tied up waiting for parents or guardians and are, in fact, back on the streets of our community in a relatively short period of time. The youth of our community are also being served through professional referrals and follow-up by the Safety Net staff. The city has also benefitted from the use of the Zone, which is a program that offers entertainment and direction to our teens on Friday and Saturday evenings. The third element that we have benefitted from is the Safety Net program being in our Middle School and High School. The Safety Net staff assists with truancy and in school problems. They are an excellent referral service and assist the officers almost daily. RECOMMENDED MOTION: Move to approve the payment of $6,000 to Project Safety Net. Cost to be covered as follows: $5,000 from the 1998 police budget line 3050 and $1,000 to come from the forfeiture fund #265. TMJ:mld 98-148 COUNCIL ACTION: " CITY COUNCIL LETTER Meeting of: May 11, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: Q Community Development APPROVAL ITEM: Conditional Use Permit BY: Joe Hollman~/t/7~ BY: NO: Case # 9805-23, 2121 37t~ Avenue e].tS. S, DATE: May 6, 199°8 Issue Statement: '[tte applicant requests a Conditional Use Permit and site plan approval to conduct a Beanie Babies retail store in the former Foto-Mat structure at 2121 37~ Avenue NE, located in the Apache Theater parking lot. Merchandise will be sold through a drive-thru approach. Prices will be posted on the side of the structure, and these postings along with all beanie babies will be removed each night. Specific hours of operation have not been stated, but the applicant would first like to begin with morning and afternoon hours. Background: Case #9707-24 was an Appeal of an administrative decision by the Zoning and Building Departments, ~vhich determined that use of the structure was not allowed. The Planning and Zoning Commission recommended denial of the Appeal. The City Council decided to allow one year from September 22, 1997 to establish an allowable business at the site and if nothing transpired at the site by then, the building would be removed voluntarily. Section 9.113(2) of the Zoning Ordinance states that Drive-in businesses in the RB, Retail Business district require a Conditional Use Permit. The proposal meets the requirements of this section of the Zoning Ordinance as well as the parking section. One concern is that Section 9.104(4) of the Zoning Ordinance requires that there shall be no more than one (1) principal building on one lot. As stated on the application, the applicant would like this to be considered as use of an accessory building on a commercial site as a separate business from the principal use. Accessory Use is defined as a use which is reasonably necessary and incidental to the conduct of the primary use of the main building or buildings. An Accessory Building or Structure is defined as a building or structure or portion ora structure subordinate to and serving the principal structure on the same lot. It seems cigar that the proposed use is not necessary to the conduct of the primary use of the main building, which is a movie theater. This is an existing structure that does not serve the principal structure and has been vacant for more than six (6) months, which renders it nonconforming. Section 9.104(3)(0 states that whenever a nonconforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. Because this is a nonconforming structure and the Zoning Ordinance does not allow more than one (1) principal structure on one (1) lot, staff recommended denial of the request. However, the Beanie Baby operation as proposed would be a relatively Iow-impact operation that appears to be a suitable use for the structure. The Planning and Zoning Commission held a public heating for the request on May 5, 1998. Due to prior City Council action and discussion, the Commission voted unanimously to recommend approval of the Conditional Use Permit to allow a drive-in Beanie Baby retail business. Recommended Motion: Move to approve the Conditional Use Permit to allow a drive-in Beanie Baby retail business. COUNCIL ACTION: .j ./ Application For:' Rezoning Var£ance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 1. Street Address of Subject Property~ 'Legal Description of Subject Property= Use of accessory buiTd'in.g on commercial site as sel~arate busln~_~ t:rnm ~rinc~Dal u~e. Zoning: Applicable City Ordinance Number ~resen~ Zoning IL~ Present use Section Proposed Zoning Proposed Use 7. Reason for Request: 8. Exhibits Submitted (maps, diagrams, etc.) Acknovledtment and Signature: The understTned hereby represents upon all of the penalties of law, for the pu~ose of inducing the City of Columbia Heights 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 Hinnesota. Taken By: OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Jama~ Ga/y ?ete~on Tom AND ZOtVItVG 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, May 5, 1998. The order of businessis as follows: A request for a Conditional Use Permit and site plan approval to conduct a Beanie Babies retail store to be located in the former Foto-Mat structure at 2121 N.E. 37th Avenue. This structure is located in the Apache Theater parking lot. Merchandise would be sold through a drive-thru approach. Section 9.1 t3(2)(i) requires a Conditional Use Permit for drive-in businesses in the RB, Retail Business District. Section 9.105(6) requires site plan approval for building permits other than one and two family residences. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. 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 782-2800, extension 209, to make arrangements. (TDDI782-2806 for deaf only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DtSAB}LITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER · CITY COUNCIL LETTER Meeting of: May 11, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ¢] Community Development APPROVAL ITEM: Variances and Alley Vacation BY: Joe Hollman~ff BY: NO: Case # 9804-19, 3701 and 3842 Central Ave. DATE: May 6, 1998 Issue Statement: The need for five (5) different variances on both the east and west sites was identified during the previous public hearing processes. Please reference Ordinance No. 1373 for the alley vacation being considered. Note that there is some language in this letter reviewing the alley vacation as it was addressed during the May 5 Planning and Zoning Commission meeting. Background: Due to the sometimes impractical nature of certain requirements in the zoning ordinance, the requirements listed below can not be met. Variances are required to Section 9.116(18) of the Zoning Ordinance as stated below pertaining to Motor Fuel Stations to facilitate the proposed development at 3701 Central Avenue for a motor fuel station with car wash and deli/restaurant on the east side of Central Avenue and the proposed development at 3842 Central Avenue for a ten bay motor vehicle repair/service business on the west side of Central Avenue. 1. Section 9.116(18)(c) states "A minimum often (10) foot landscaped yard shall be provided along all abutting public right-of-way lines, except where approved driveways occur". A landscape yard variance is requested at the east site of approximately nine (9) feet adjacent to Central Avenue and approximately nine (9) feet adjacent to Reservoir Boulevard. A variance at the west site of approximately eight (8) feet is requested adjacent to Central Avenue. 2. Section 9.116(18)(e) states "All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building". A variance is requested to allow all storage of trash, waste material, all vehicle parts within the principal building at both the east and west sites. 3. Section 9.116(18)(0 states "All outside parking spaces shall be located to the side and/or rear of the principal building". A variance is requested to allow four (4) parking spaces in the front yard of the east site and seventeen (17) parking spaces in the front yard of the west site. 4. Section 9.116(18)(i) states "Minor motor fuel stations shall have two service stalls, one of which may have an automatic or semi-automatic auto wash installed, provided the station can accommodate six (6) off-street parking spaces in addition to those required herein. The entrance doors for the service stalls shall not face toward the principal street on which the station is located". A variance is requested to allow no service stalls at the east site and up to ten service stalls at the west site, and furthermore, to allow the car wash entrance door(s) to face the principal street(s) on the east site and the ten service stalls to face the principal street on the west site. 5. Section 9.116(6)(b) of the Zoning Ordinance requires "at least one loading berth for each building having 2,500 to 6,000 square feet plus one additional berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet". A variance to this requirement is requested for the developments on both the east and west side of Central Avenue. Variances are only approved in the event that strict enforcement of the ordinance would result in undue hardship for the applicant. Undue hardship means that the property cannot be put to reasonable use if used under conditions allowed by the Zoning Ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; granting the variance will not alter the essential character of the locality; and inadequate access to direct sunlight for solar energy systems. According to Section 9.105 (3)(d) "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the The property owners request a vacation of the existing alley. They are proposing a new alley with access on Reservoir Blvd. to the north of the existing alley, which will be built in a 16 foot wide area dedicated via the plat on what is currently known as Lot 10. The owners will dedicate land ten (10) feet wide south of the proposed alley and a twelve (12) foot wide piece north of the proposed alley for open space. This will add a buffer of 38 feet between the commercial use and residential property to the north. When considering the alley vacation, it is important to note that it has been suggested by a resident along Reservoir Blvd. that the proposed alley be a cul-de-sac on the 37th Avenue end of the block between Reservoir Blvd. and Central Avenue. The Public Works Department had the opportunity to consider the suggestion and make some general observations. Some potential draw backs include: Fire and rescue service may be compromised; Alley could be subject to a large volume of traffic; Maintenance is more difficult with one access; The ability for vehicles to turn around would be difficult in the winter; Garbage pick up would be a problem for businesses along Central; Street lighting may be required or desired in the cul-de- sac; Most dead-end alleys are in residential areas, where they cause a minimum of inconvenience to residents, but in a commercial area it has the potential to inconvenience patrons and residents. The proposed dead-end alley would lessen traffic on adjacent streets, which would be a benefit to the area. This proposal would need to be reviewed in more detail during the preliminary and final plat review if the City Council determined that it warranted further review and discussion. The Planning and Zoning Commission held a pubic heating on the variances and alley vacation on May 5, 1998. They voted unanimously to recommend approval of the variances to Sections 9.116(18)(c), 9.116(18)(e), 9.116(18)(0, 9.116(18)0), 9.116(6)(b) because strict adherence to the provisions of this Ordinance would create an undue hardship to the landowner. They also moved to recommend approval of the alley vacation and moved to recommend that the newly proposed alley design be reviewed during the preliminary and final plat review. Recommended Motion: Move to approve the variances to Sections 9.116(18)(c), 9.116(18)(e), 9.116(18)(0, 9.116(18)0), 9.116(6)(b)because strict adherence to the provisions of this Ordinance would create an undue hardship to the landowner. Move to review the newly proposed alley design during the preliminary and final plat review. COUNCIL ACTION: ? l I l .~l Dave Mahoney 3814 Reservoir Blvd. Columbia Heights 55421 March 19, 1998 Ken Anderson City Of Columbia Heights RE: Jeff's Bobby & Steve's Auto World expansion Dear Ken: If Planning and Zoning are going to review the plans for moving the alley at the next meeting. I would like to propose the idea of a cul-de-sac alley on the 37 Street end of block between Reservoir Blvd. and Central Ave. put on the agenda of the next Planning and Zoning meeting. Of course the cul-de-sac would be pending the Referendum vote on the rezoning the two properties. Sincerely, DAVlrD M.A~O_NEY CITY OF CO?.UI~T.A 'w~--ICHTS Application For: Rezontng Variance >~ Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval. other . Street Address of Subject Property: Application Date: ~' r Fee: /~ , ~ Da~e 2. Legal Description of Subject Property: Applicant: Address Phone: O%rIler: Phone: -P~ TM ~'/'./ ~ Description of Kequest: Variances: Vacat;on of alley at north end of site Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning. Proposed Use 7. Eeason for Eequest: To facilitate the oroposed develoomen~ of the east s;de of Central Avenue for a motor 'fuel station w~th de]~ and restaurant. S. Exhibits Submitted (maps, diagrams, etc.) 9. Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights 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 Heighus and the laws of =he S~a~e of ~tnnesota. /c. / .. ', $i~natur~ 0~ Applicant: --, Date: - . - · Taken By: ,>~?~3 CITY OF COLUMBIA HEIGHTS SOO 4OTH AVENUE N.E., COLUMBIA HEIGHTS, MN 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, May 5, 1998. The order of business is as follows: A request for vacating the existing alley at the north end of the east site at 3701 Central Avenue. Said alley will be relocated as per the proposed subdivision process. Variances are required to Section 9.116(18) of the Zoning Ordinance as stated below pertaining to Motor Fuel Stations to facilitate the proposed development at 3701 Central Avenue for a motor fuel station with car wash and deli/restaurant on the east side of Central Avenue and the proposed development at 3842 Central Avenue for a ten bay motor vehicle repair/service business on the west side of Central Avenue. Section 9.116(18)(c) states "A minimum of ten (1 O) foot landscaped yard shall be provided along all abutting public right-of-way lines, except where approved driveways occur". A landscape yard variance is requested aT the east site of approximately nine (9) feet adjacent to Central Avenue and approximately nine {9) feet adjacent to Reservoir Boulevard. A variance at the west site of approximately eight (8) feet is requested adjacent to Central Avenue. Section 9.116(18)(e) states "All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building". A variance is requested to allow all storage of trash, waste material, all vehicle parts within the principal building at both the east and west sites. Section 9.116(18)(f) states "All outside parking spaces shall be located to the side and/or rear of the principal building". A variance is requested to allow four (4) parking spaces in the front yard of the east site and seventeen (17) parking spaces in the front yard of the west site. Section 9.116(18)(i) states "Minor motor fuel stations shall have two service stalls, one of which may have an automatic or semi-automatic auto wash installed, provided the station can accommodate six (6) off-street parking spaces in addition to those required herein. The entrance doors for the service stalls shall not face toward the principal street on which the station is located". A variance is requested to allow no service stalls at the east site and up to ten service stalls at the west site, and furthermore, to allow the car wash entrance door(s) to face the principal street(s) on the east site and the ten service stalls to face the principal street on the west site. Section 9.116(6)(b) of the Zoning Ordinance requires "at least one loading berth for each building having 2,500 to 6,000 square feet plus one additional berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet". A variance to this requirement is requested for the developments on both the east and west side of Central Avenue. Notice is hereby given that all persons having an interest will be given an oppdrtunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS ,, Page 2 - 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 782-2800, extension 209, to make arrangements. (TOOl782-2806 for deaf only.) CITY COUNCIL LETTER Meeting of: May 11, 1998 AGENDA SECTION: Other Business ORIGINATING DEPT.: CITY MANAGER NO: Q Community Development APPROVAL ITEM: Livable Communities Funding Application BY: Joe Hollma~//7L BY: NO: q- ~.. ~ DATE: May6, 1998 Issue Statement: The 1998 funding cycle for the Livable Communities Demonstration Account of the Metropolitan Communities Fund has been started by the Metropolitan Council. Columbia Heights has the opportunity to apply for funding. Background: The Livable Communities Act specifies that demonstration projects must do one or more of the following: · Provide access to a variety of transportation systems including transit, bicycles, pedestrian, auto; · Link affordable housing with employment growth; · Intensify new and existing land use; · Provide mixed-income housing; · Encourage public infrastructure that connects urban and suburban communities, attracts private sector investment, or provides employment opportunities to residents. Staff recently attended a workshop on the application process. The following lists important dates for the funding cycle: · May 15 · July 15 · Sept.-Oct. · Nov. 12 Project Summaries Due; Applications Due; Advisory Committee review and evaluation; Metropolitan Council makes funding awards. This item was on the Agenda for the April 27 Council work session. At that time, staff noted that more detailed project information would be presented during the May 11 City Council meeting. The Minnesota Design Team provided a variety of project options that appear to be eligible for the Livable Communities Demonstration Account funding. At this point, staff is reviewing those options and would like to provide a verbal report on a potential project summary to the Council during the May 11 meeting. Recommended Motion: Move to authorize staff to submit an application for the Livable Communities Demonstration Account fund. COUNCIL ACTION: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY 0gDA) REGULAR MEETING MINUTES OF APRIL 20, 1998 CALL TO ORDER The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Gary Peterson at 7:00 pm, Monday, April 20, 1998, in the City Hall Conference Room, 590 40th Avenue NE, Columbia Heights, Minnesota. ROLL CALL Board Members Present: Staff Present: Gary Peterson, Marlaine Szurek, Robert Ruettimann, Don Jolly, Joe Sturdevant, and Richard Dustin Walter Fehst, Executive Director Kenneth Anderson, Deputy Executive Director Jennifer Bergman, Housing Coordinator Jennifer Stoopes-Mokamba, Parkview Villa Housing Admin. Shirley Barnes, Chief Executive Officer for Crest View Members Not Present: Pat Jindra Also present were Reuben and Pat Bush from Parkview Villa. PLEDGE OF ALLEGIANCE APPOINT RECORDING SECRETARY MOTION by Peterson, seconded by Ruettimann, to appoint Shelley Hanson to serve as Recording Secretary for this meeting. All ayes. MOTION CARRIED. ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions or deletions to the agenda. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Move to adopt the consent agenda items as listed below: 1) Approval of Minutes. a. Regular Meeting of March 17, 1998. MOTION: Move to adopt the minutes of the March 17, 1998 regular meeting as presented in writing. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 2 2) Financial Report and Payment of Bills. Financial Statement for March. Payment of Bills. MOTION: Move to approve Resolution 98-06, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the Financial Statement and Payment of Bills for the month of March, 1998. MOTION by Sturdevant, seconded by Jolly, to approve the consent agenda items as presented in writing. All ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY A. Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator. Ms. Stoopes-Mokamba's report was enclosed in the agenda packet. She reviewed the following items with the Board members: *A copy of the contract from Safeway for the fire alarm system was prepared for review by staffprior to execution by the President and Executive Director. *Ms. Stoopes-Mokamba presented some information to the Board regarding the air quality at Parkview Villa as a follow up to a complaint that was received at the March meeting. She also included a copy of an Air Study that was done in 1993. There was a discussion regarding the forced air system and how the air is exchanged throughout the building. Ms. Stoopes-Mokamba reported that the air flow has been increased to the maximum and that nothing more can be done for the common areas. She reported that she will continue to seal doors and other areas of concern in individual units that would help eliminate the smoke odor. Signs will also be posted in the front entryway, and by the elevators on each floor to remind people of the "no smoking" policy. *Ms. Stoopes-Mokamba addressed the need to add signage to the handicapped parking spaces which will designate the spots for "Visitors"only. This is because certain residents have been abusing the use of the parking spaces by occupying them for several days at a time. This item will be addressed under Other Business later in the meeting. *The sump pump at the 4 plex at 4607 Tyler Street went out and was replaced by Bill Gault. *She reviewed the occupancy statistics with the Board members. A Board member asked if a person refuses an opening, what happens to their placement on the list. She responded that they are given two opportunities to accept an opening, and after the third time, they go to the bottom of the list. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 3 *Ms. Stoopes-Mokamba submitted the estimated cost to repair the photocopier. For the volume of copies that are done, the current copier is not adequate. This item will be brought back to the Board for consideration. *Ms. Stoopes-Mokamba informed the Board that she had sent a letter to Diane Rock from HUD requesting more information on what would be involved to designate Parkview Villa as a seniors only building. She has not yet received her response. She will inform the Board of the requirements when they are better defined. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS None PUBLIC HEARINGS None ITEMS FOR CONSIDERATION mo Other Resolutions. 1) Resolution 98-06, EDA Board Confirming Resolution Approval of the Public Housing Management Assessment Program Certification (PHMAP) for Fiscal Year 1997. Ms. Stoopes-Mokamba informed the Board that the form has changed from previous years. This Resolution is required on an annual basis which approves the certification for Public Housing Management Assessment Program. She passed out the new form that was completed. She stated that she isn't sure how it will affect our scoring. MOTION by Jolly, seconded by Sturdevant to waive the reading of Resolution No. 98- 06, there being ample copies available to the public. All ayes. MOTION CARRIED. MOTION by Jolly, seconded by Sturdevant to adopt Resolution 98-06, Being a Resolution of the Columbia Heights Economic Development Authority Confuming Approval of the Public Housing Management Assessment Program Certification, and furthermore, to direct the Executive Director to forward same to the U.S. Department of Housing and Urban Development. All ayes. MOTION CARRIED. B. Bid Considerations. 1) Parkview Villa Pest Control Services. Ms. Stoopes-Mokamba sought quotes from Pest Control companies as she wasn't particularly happy with the service from Plunkett's, our current contractor. It seems they have not made any attempt to seal outside entry points that the mice seem to be using to gain entrance to the building. The Board discussed the bids received. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 4 MOTION by Sturdevant, seconded by Peterson to award the Parkview Villa North and South buildings and 4607 Tyler St. Pest Control Services bid to Action Pest Control, based upon their qualified, responsible bid in the amount not to exceed $80 per month with funds to be appropriated from 203-46330-3050, 213-46340-3050, and 235-46360- 3050; and furthermore, to authorize the President and Executive Director to enter into an Agreement for the same. All ayes. MOTION CARRIED. 2) Review of Security System Bids. Bids to install a security alarm system at Parkview Villa-North and South buildings-have been received fi.om two finns-U.S. Security and Armor Security. The bids were quite a bit more than what has been budgeted, therefore, to proceed with this project the budget would have to be amended. Another option is to have a company install equipment that we purchase through the City's account. U.S. Security is willing to do this, however, Ms. Stoopes-Mokamba has not yet asked Armor Security. The company will warranty their work, but will not be responsible for warranty of the equipment. The consensus of the Board was to check with Armor and explore the least expensive way to get this project done and then to deal with the funding once an amount has been established. MOTION by Ruettimann, seconded by Szurek, to authorize staff to check further on getting the security system installed at the lowest possible cost, and if in line with the Board's discussion, to proceed with the installation. All ayes. MOTION CARRIED. Other Business 1) Install Visitor Only Handicapped Signs. As previously discussed, it has been recommended to add signage to the Handicapped Parking Signs to designate these stalls for "Visitors Only". This signage is needed because some of the tenants have abused the use of these spots for several days at a time. MOTION by Peterson, seconded by Dustin to authorize the purchase and installation of "Visitor" signs on the two existing handicapped parking stalls at Parkview Villa. All ayes. MOTION CARRIED. 2) Section 8 Report. Jennifer Bergman reviewed the report that was enclosed in the agenda packet. She explained our utilization rate is now at 96%. She also reported that administration fees were increased retroactive to January 1998. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 5 3) CDBG/MHFA Report The loan and grant report for April was enclosed in the agenda packets. Ms. Bergrnan reviewed the figures with the Board members. Nine loans from MHFA are in progress and three Block Grants are in progress. The driveway letters have generated a lot of requests for loan applications to help residents accomplish the requirement of having paved parking surfaces. Ms. Bergman said she has sent out about 40 applications for this purpose. 4) Review of MHFA Loan Application M98-07, M98-08, M98-09. Ms. Bergman reviewed the new loan applications with the Commission members. Application M98-07 is for the Fix Up Fund. The applicant is requesting $5,237 for gutters, roof, and remodeling the basement. MOTION by Szurek, seconded by Sturdevant, to approve the home improvement loan request M98-07 for Minnesota Fix Up Funds in the amount of $5,237 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the MHFA for purchase. All ayes. MOTION CARRIED. Application M98-08 is a Home Energy Loan.' The applicant is requesting $8,000 for replacement windows. Ms. Bergrnan explained that there are no income restrictions for Home Energy Loans. The maximum amount of the loan is $8,000 at 8% interest, which can be spread over 8 years. MOTION by Sturdevant, seconded by Jolly to approve the home improvement loan request M98-08 for Home Energy Loan Funds in the amount of $8,000 subject to meeting all program requirements; and furthermore, to direct and authorize staffto submit said application to the MHFA for purchase. All ayes. MOTION CARRIED. Application M98-09 is another Fix Up Fund. The applicant is requesting $7,530 to pave the driveway and construct a retaining wall in the side yard of her property. MOTION by Jolly, seconded by Dustin to approve the home improvement loan request M98-09 for Minnesota Fix Up Funds in the amount of $7,530 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the MHFA for purchase. All ayes. MOTION CARRIED. 5) Report on 4642/4644 Taylor Street NE Ms. Bergrnan explained that the tenant in the lower unit of 4642/4644 Taylor St NE, which is owned by the City, was notified on March 23, 1998 that her tenancy was being terminated effective April 30, 1998. This was decided based on the fact that police have been called to this unit twice in the past six months for "loud party, disturbance, or other illegal activity". If the tenant has not voluntarily moved out by April 30, 1998, staffwill begin eviction proceedings and file an Unlawful Detainer with Anoka County. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 6 6) Consider the Sale of 4519/4521 Taylor Street NE The City currently owns the duplex at 4519/4521 Taylor Street. This property was purchased in January, 1994 for $53,000. Since that time, a total of $22,840.43 has been expended on rehabilitation for a total investment of $75,840.43. At the February meeting, the EDA Board concurred that they would like to see the building owner- occupied. The Board discussed several options. Option #1 would be to sell the duplex to a contractor and require the contractor to convert the duplex to a single family home. To accomplish this, the City would have to sell the duplex at a reduced price. Option #2 would be to put an additional $10,000 to $15,000 into the property and sell it as a duplex. Currently there are four properties for sale on this block. After some discussion, the Board thought we should contact a Vo-Tech School to see if they may be interested in converting this property to a single family home as a school project. MOTION by Sturdevant, seconded by Ruettimann, to table this matter until more information on various options could be obtained. All ayes. MOTION CARRIED. Mr. Anderson took this opporttmity to thank Jennifer Bergman for her hard work and dedication in handling the loan and grant programs. This valuable assistance enables the citizens to revitalize our housing stock. Her efforts are to be commended. 7) RFP for Redevelopment of 4150 Central Avenue NE. Mr. Anderson reviewed the draft Request for Proposal (RFP) which was approved by the EDA at the March 17, 1998 regular meeting. The approval was subject to a review by the City Attorney to ensure there would be no future obligations on the part of the EDA for environmental contamination or other such conditions. Since that meeting, it has come to the attention of the Community Development Department that the owner at 4200 Central Avenue NE may be interested in removing that structure also. This would create an opportunity to do a larger targeted development project, which could potentially improve three corners of the intersection of 42nd and Central Avenue. Staff is seeking direction from the Board whether to go ahead with the RFP for the 4150 Central Avenue building only, or to prepare a broader based RFP for the whole area. There was some discussion regarding the various options. MOTION by Ruettimann, seconded by Jolly, to table sending out the RFP until the next meeting so that recommendations from the Design Team could be considered, if applicable. All ayes. MOTION CARRIED. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 7 8) Proposal by Robert Rappaport to Amend the Columbia Heights Mall TIF Agreement, 4001 Central Avenue NE. Mr. Rappaport is proposing to purchase the Columbia Heights Mall property at 4001 Central Avenue NE, pending an amendment to the current assessment agreement. Mr. Rappaport submitted a plan for reducing the valuation of the mall. Staff requested a TIF cash flow analysis be prepared by the financial consultant to determine the implications of the proposed reduction in values. If the valuations were reduced by the proposed amounts, it could affect the TIF District by $95,000 to $100,000 per year through the year 2009. The TIF District could fold if it took on this amount of loss. After reviewing the analysis provided, the EDA Board decided to deny this request. ADMINISTRATIVE REPORTS Ao Bo Report of the Deputy Executive Director. Mr. Anderson enclosed a copy of a memo to the Minnesota Design Team to update them on various projects that are pending in the City. He also reported that Northeast Bank had contacted him inquiring whether there are any funds available through the Business Revolving Loan Fund Account. It seems there is an individual who is interested in purchasing a building on Central Avenue to remodel it into a theater for live productions with apartments on the 2nd floor to house the actors. He needs financial assistance to accomplish this plan. However, there are no funds available from the City at this time. Mr. Anderson spoke with the owners of the A and C Small Engine Repair business on the west side of Central Avenue. The owner indicated that she would be willing to either sell her business or to relocate to another location if the proposed development of the new Autoworld goes forward. Mary T., Inc. who is proposing the development of the St. Timothy's site on 51st Avenue NE, is holding a focus group meeting to evaluate the need for senior housing in the City of Columbia Heights. This meeting is scheduled for April 22, 1998. The railroad recently met with staff to discuss the abandonment of the railroad tracks in Columbia Heights. They want to be compensated for this where they own the land. The estimated cost would be approximately $45,000. Report of the Executive Director. Mr. Fehst had nothing further to report. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 8 CITIZEN FORUM TO ADDRESS EDA ON MATTERS'NOT ON AGENDA There was no one present to address the EDA. MEETINGS A. The Next Regular EDA Meeting. The next scheduled EDA meeting is scheduled for 7:00 pm on Tuesday, May 19, 1998 in Community Room B at Parkview Villa. ADJOURNMENT MOTION by Sturdevant, seconded by Dustin to adjourn the meeting at 8:36 pm. All ayes. MOTION CARRIED. Respectfully submitted, Recording Secretary COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF APRIL 20, 1998 CALL TO ORDER The Regular Meeting of the Colmmbia Heights Economic Development Authority (EDA) was called to order by President Gary Peterson at 7:00 pm, Monday, April 20, 1998, in the City Hall Conference Room, 590 40~h Avenue NE, Columbia Heights, Minnesota. ROLL CALL Board Members Present: Staff Present: Gary Peterson, Marlaine Szurek, Robert Ruettimann, Don Jolly, Joe Sturdevant, and Richard Dustin Walter Fehst, Executive Director Kenneth Anderson, Deputy Executive Director Jennifer Bergrnan, Housing Coordinator Jennifer Stoopes-Mokamba, Parkview Villa Housing Admin. Shirley Barnes, Chief Executive Officer for Crest View Members Not Present: Pat Jindra Also present were Reuben and Pat Bush from Parkview Villa. PLEDGE OF ALLEGIANCE APPOINT RECORDING SECRETARY MOTION by Peterson, seconded by Ruettimann, to appoint Shelley Hanson to serve as Recording Secretary for this meeting. All ayes. MOTION CARRIED. ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions or deletions to the agenda. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Move to adopt the consent agenda items as listed below: 1) Approval of Minutes. a. Regular Meeting of March 17, 1998. MOTION: Move to adopt the minutes of the March 17, 1998 regular meeting as presented in writing. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 2 2) Financial Report and Payment of Bills. ao Financial Statement for March. Payment of Bills. MOTION: Move to approve Resolution 98-06, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the Financial Statement and Payment of Bills for the month of March, 1998. MOTION by Sturdevant, seconded by Jolly, to approve the consent agenda items as presented in writing. All ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY A. Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator. Ms. Stoopes-Mokamba's report was enclosed in the agenda packet. She reviewed the following items with the Board members: *A copy of the contract from Safeway for the fire alarm system was prepared for review by staffprior to execution by the President and Executive Director. *Ms. Stoopes-Mokamba presented some information to the Board regarding the air quality at Parkview Villa as a follow up to a complaint that was received at the March meeting. She also included a copy of an Air Study that was done in 1993. There was a discussion regarding the forced air system and how the air is exchanged throughout the building. Ms. Stoopes-Mokamba reported that the air flow has been increased to the maximum and that nothing more can be done for the common areas. She reported that she will continue to seal doors and other areas of concern in individual units that would help eliminate the smoke odor. Signs will also be posted in the front entryway, and by the elevators on each floor to remind people of the "no smoking" policy. *Ms. Stoopes-Mokamba addressed the need to add signage to the handicapped parking spaces which will designate the spots for "Visitors"only. This is because certain residents have been abusing the use of the parking spaces by occupying them for several days at a time. This item will be addressed under Other Business later in the meeting. *The sump pump at the 4 plex at 4607 Tyler Street went out and was replaced by Bill Gault. *She reviewed the occupancy statistics with the Board members. A Board member asked if a person refuses an opening, what happens to their placement on the list. She responded that they are given two opportunities to accept an opening, and after the third time, they go to the bottom of the list. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 3 *Ms. Stoopes-Mokamba submitted the estimated cost to repair the photocopier. For the volume of copies that are done, the current copier is not adequate. This item will be brought back to the Board for consideration. *Ms. Stoopes-Mokamba informed the Board that she had sent a letter to Diane Rock from HUD requesting more information on what would be involved to designate Parkview Villa as a seniors only building. She has not yet received her response. She will inform the Board of the requirements when they are better defined. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS None PUBLIC HEARINGS None ITEMS FOR CONSIDERATION Ao Other Resolutions. 1) Resolution 98-06, EDA Board Confirming Resolution Approval of the Public Housing Management Assessment Program Certification (PHMAP) for Fiscal Year 1997. Ms. Stoopes-Mokamba informed the Board that the form has changed from previous years. This Resolution is required on an annual basis which approves the certification for Public Housing Management Assessment Program. She passed out the new form that was completed. She stated that she isn't sure how it will affect our scoring. MOTION by Jolly, seconded by Sturdevant to waive the reading of Resolution No. 98- 06, there being ample copies available to the public. All ayes. MOTION CARRIED. MOTION by Jolly, seconded by Sturdevant to adopt Resolution 98-06, Being a Resolution of the Columbia Heights Economic Development Authority Confirming Approval of the Public Housing Management Assessment Program Certification, and furthermore, to direct the Executive Director to forward same to the U.S. Department of Housing and Urban Development. All ayes. MOTION CARRIED. B. Bid Considerations. 1) Parkview Villa Pest Control Services. Ms. Stoopes-Mokamba sought quotes from Pest Control companies as she wasn't particularly happy with the service from Ptunkett's, our current contractor. It seems they have not made any attempt to seal outside entry points that the mice seem to be using to gain entrance to the building. The Board discussed the bids received. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 4 MOTION by Sturdevant, seconded by Peterson to award the Parkview Villa North and South buildings and 4607 Tyler St. Pest Control Services bid to Action Pest Control, based upon their qualified, responsible bid in the amount not to exceed $80 per month with funds to be appropriated from 203-46330-3050, 213-46340-3050, and 235-46360- 3050; and furthermore, to authorize the President and Executive Director to enter into an Agreement for the same. All ayes. MOTION CARRIED. 2) Review of Security System Bids. Bids to install a secm'ity alarm system at Parkview Villa-North and South buildings-have been received from two firms-U.S. Security and Armor Security. The bids were quite a bit more than what has been budgeted, therefore, to proceed with this project the budget would have to be amended. Another option is to have a company install equipment that we purchase through the City's account. U.S. Security is willing to do this, however, Ms. Stoopes-Mokamba has not yet asked Armor Security. The company will warranty their work, but will not be responsible for warranty of the equipment. The consensus of the Board was to check with Armor and explore the least expensive way to get this project done and then to deal with the funding once an amount has been established. MOTION by Ruettimann, seconded by Szurek, to authorize staff to check further on getting the security system installed at the lowest possible cost, and if in line with the Board's discussion, to proceed with the installation. All ayes. MOTION CARRIED. Other Business 1) Install Visitor Only Handicapped Signs. As previously discussed, it has been recommended to add signage to the Handicapped Parking Signs to designate these stalls for "Visitors Only". This signage is needed because some of the tenants have abused the use of these spots for several days at a time. MOTION by Peterson, seconded by Dustin to authorize the purchase and installation of "Visitor" signs on the two existing handicapped parking stalls at Parkview Villa. All ayes. MOTION CARRIED. 2) Section 8 Report. Jennifer Bergrnan reviewed the report that was enclosed in the agenda packet. She explained our utilization rate is now at 96%. She also reported that administration fees were increased retroactive to January 1998. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 5 3) CDBG/MHFA Report The loan and grant report for April was enclosed in the agenda packets. Ms. Bergman reviewed the figures with the Board members. Nine loans from MHFA are in progress and three Block Grants are in progress. The driveway letters have generated a lot of requests for loan applications to help residents accomplish the requirement of having paved parking surfaces. Ms. Bergman said she has sent out about 40 applications for this purpose. 4) Review of MHFA Loan Application M98-07, M98-08, M98-09. Ms. Bergrnan reviewed the new loan applications with the Commission members. Application M98-07 is for the Fix Up Fund. The applicant is requesting $5,237 for gutters, roof, and remodeling the basement. MOTION by Szurek, seconded by Sturdevant, to approve the home improvement loan request M98-07 for Minnesota Fix Up Funds in the amount of $5,237 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the MHFA for purchase. All ayes. MOTION CARRIED. Application M98-08 is a Home Energy Loan. The applicant is requesting $8,000 for replacement windows. Ms. Bergrnan explained that there are no income restrictions for Home Energy Loans. The maximum amount of the loan is $8,000 at 8% interest, which can be spread over 8 years. MOTION by Sturdevant, seconded by Jolly to approve the home improvement loan request M98-08 for Home Energy Loan Funds in the amount of $8,000 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the MHFA for purchase. All ayes. MOTION CARRIED. Application M98-09 is another Fix Up Fund. The applicant is requesting $7,530 to pave the driveway and construct a retaining wall in the side yard of her property. MOTION by Jolly, seconded by Dustin to approve the home improvement loan request M98-09 for Minnesota Fix Up Funds in the amount of $7,530 subject to meeting all program requirements; and furthermore, to direct and authorize staffto submit said application to the MHFA for purchase. All ayes. MOTION CARRIED. 5) Report on 4642/4644 Taylor Street NE Ms. Bergrnan explained that the tenant in the lower unit of 4642/4644 Taylor St NE, which is owned by the City, was notified on March 23, 1998 that her tenancy was being terminated effective April 30, 1998. This was decided based on the fact that police have been called to this unit twice in the past six months for "loud party, disturbance, or other illegal activity". If the tenant has not voluntarily moved out by April 30, 1998, staff will begin eviction proceedings and file an Unlawful Detainer with Anoka County. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 6 6) Consider the Sale of 4519/4521 Taylor Street NE The City currently owns the duplex at 4519/4521 Taylor Street. This property was purchased in January, 1994 for $53,000. Since that time, a total of $22,840.43 has been expended on rehabilitation for a total investment of $75,840.43. At the February meeting, the EDA Board concurred that they would like to see the building owner- occupied. The Board discussed several options. Option #1 would be to sell the duplex to a contractor and require the contractor to convert the duplex to a single family home. To accomplish this, the City would have to sell the duplex at a reduced price. Option #2 would be to put an additional $10,000 to $15,000 into the property and sell it as a duplex. Currently there are four properties for sale on this block. After some discussion, the Board thought we should contact a Vo-Tech School to see if they may be interested in converting this property to a single family home as a school project. MOTION by Sturdevant, seconded by Ruettimann, to table this matter until more information on various options could be obtained. All ayes. MOTION CARRIED. Mr. Anderson took this opportunity to thank Jennifer Bergrnan for her hard work and dedication in handling the loan and grant programs. This valuable assistance enables the citizens to revitalize our housing stock. Her efforts are to be commended. 7) RFP for Redevelopment of 4150 Central Avenue NE. Mr. Anderson reviewed the draft Request for Proposal (RFP) which was approved by the EDA at the March 17, 1998 regular meeting. The approval was subject to a review by the City Attorney to ensure there would be no future obligations on the part of the EDA for environmental contamination or other such conditions. Since that meeting, it has come to the attention of the Community Development Department that the owner at 4200 Central Avenue NE may be interested in removing that structure also. This would create an opportunity to do a larger targeted development project, which could potentially improve three corners of the intersection of 42nd and Central Avenue. Staff is seeking direction from the Board whether to go ahead with the RFP for the 4150 Central Avenue building only, or to prepare a broader based RFP for the whole area. There was some discussion regarding the various options. MOTION by Ruettimann, seconded by Jolly, to table sending out the RFP until the next meeting so that recommendations from the Design Team could be considered, if applicable. All ayes. MOTION CARRIED. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, t998 Page 7 8) Proposal by Robert Rappaport to Amend the Columbia Heights Mall TIF Agreement, 4001 Central Avenue NE. Mr. Rappaport is proposing to purchase the Columbia Heights Mall property at 4001 Central Avenue NE, pending an amendment to the current assessment agreement. Mr. Rappaport submitted a plan for reducing the valuation of the mall. Staffrequested a TIF cash flow analysis be prepared by the financial consultant to determine the implications of the proposed reduction in values. If the valuations were reduced by the proposed amounts, it could affect the TIF District by $95,000 to $100,000 per year through the year 2009. The TIF District could fold if it took on this amount of loss. After reviewing the analysis provided, the EDA Board decided to deny this request. ADMINISTRATIVE REPORTS Bo Report of the Deputy Executive Director. Mr. Anderson enclosed a copy of a memo to the Minnesota Design Team to update them on various projects that are pending in the City. He also reported that Northeast Bank had contacted him inquiring whether there are any funds available through the Business Revolving Loan Fund Account. It seems there is an individual who is interested in purchasing a building on Central Avenue to remodel it into a theater for live productions with apartments on the 2nd floor to house the actors. He needs financial assistance to accomplish this plan. However, there are no funds available from the City at this time. Mr. Anderson spoke with the owners of the A and C Small Engine Repair business on the west side of Central Avenue. The owner indicated that she would be willing to either sell her business or to relocate to another location if the proposed development of the new Autoworld goes forward. Mary T., Inc. who is proposing the development of the St. Timothy's site on 51st Avenue NE, is holding a focus group meeting to evaluate the need for senior housing in the City of Columbia Heights. This meeting is scheduled for April 22, 1998. The railroad recently met with staff to discuss the abandonment of the railroad tracks in Columbia Heights. They want to be compensated for this where they own the land. The estimated cost would be approximately $45,000. Report of the Executive Director. Mr. Fehst had nothing further to report. ECONOMIC DEVELOPMENT AUTHORITY MINUTES April 20, 1998 Page 8 CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON AGENDA There was no one present to address the EDA. MEETINGS A. The Next Regular EDA Meeting. The next scheduled EDA meeting is scheduled for 7:00 pm on Tuesday, May 19, 1998 in Community Room B at Parkview Villa. ADJOURNMENT MOTION by Sturdevant, seconded by Dustin to adjourn the meeting at 8:36 pm. All ayes. MOTION CARRIED. Respectfully submitted, Shelley HansOn Recording Secretary ' C' 'T'Y OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E.. COLUMBIA HEIGHTS. MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF APRIL 7, 1998 The April 7, 1998 Planning and Zoning Commission meeting was called to order by Chairperson Szurek at 6:00 p.m. Members present were Ramsdell, Fowler, Paulson, Peterson and Szurek. Aisc present were Kenneth Anderson (Director of Community Development), Joe Hollman (City Planner), Jim Hoeft (City Attorney), and Kathryn Pepin (Secretary). Motion by Peterson, seconded by Fowler, to approve the minutes as presented in writing from the special meeting of January 21, 1998, the regular meeting of February 3, 1998, and the March 18, 1998 work session. STAFF REPORT. Mr. Anderson introduced Nancy Reeves, of Nancy Reeves and Associates, who has prepared a Life Cycle Housing Study for the City of Columbia Heights and a Life Cycle Housing Cluster Market Analysis for the Cities of Columbia Heights, Crystal and New Hope. Ms. Reeves presented her final draft form to the Commissioners and reviewed her findings with the Commission. She stated that she was hired by the City to perform these studies in anticipation of the City's upcoming review of the Comprehensive Plan Housing Goals as well as its goals under the Livable Communities Act. She indicated that these findings could be incorporated into the rewrite of the Comprehensive Plan. Ms. Reeves informed the Commission that the purpose of the Life Cycle Housing Study is to determine what changes the City of Columbia Heights will need in order to have a housing supply that will meet the needs of the population into the year 2010 and beyond.' She stated that cities and the people who live in those cities will change over time. She has attempted to address the proper housing mix that is the most flexible and would be the most useful into the future. The ideal situation would be to have a balance of all housing types and cost levels for "affordable" housing. She strongly recommended that the City encourage the upkeep and maintenance of homes to preserve its existing affordable housing stock and that the City provide as much public funding resources possible to upgrade the housing stock of existing 50's and 60's single family one story dwellings. She added that the report indicates a need for additional affordable rental housing as well as co-cps, condos, etc. for elderly and older residents at market rate rent. Discussion was held regarding some of the information contained in the study. Motion by Ramsdell, seconded by Fowler, to recommend to the City Council the approval of the Life Cycle Housing Study for the year 2010 and incorporate this information into the Comprehensive Plan and Liveable Communities Act. Voice Vote: All Ayes. THE C;TY OF COLUMBIA HEIGHTS ~2ES NOT DISCRIMINATE 0% ~E BASIS OF ~IS~BIL~TY IN EMPLOYMENT OR THE PROVIStON OF SERVICES PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 7, 1998 PAGE 2 PETITIONS, LETTERS, AND REQUESTS: Public Hearing Conditional Use Permit Case #9804-18 Ace Hardware 2261 N..E. 37th Avenue Columbia Heights, Mn. Mr. Hollman presented the request of Dan Terzich, Manager of Ace Hardware at 2261 N.E. 37t" Avenue, for a Conditional Use Permit to allow the use of an accessory structure consisting of a 21' x 48' tent to be located in the far east side of the parking lot from April 19, 1998 through July 31, 1998 for the purpose of conducting retail sales of green and flowering plants. Approximately eight (8) parking spaces would be eliminated directly in front of the Ace Hardware store to accommodate the tent. Mr. Hollman informed the Commission that this same request has been approved in each of the past five years and has been operated with no significant complaints. He added that the property is zoned as RB, Retail Business, as is the property to the south, east, and west. The zoning to the north of the subject parcel is zoned R-3 and is used for multi-family residential purposes. The area east across McKinley St. is zoned both RB and LB and is used commercially. Property south of the subject parcel within Columbia Heights is vacant and zoned RB. It was Mr. Hollman's opinion that the proposed use would be consistent with the character of the surrounding property. Mr. Hollman stated that the principal uses of the subject parcel are pre-existing and comply with zoning regulations adding that existing parking exceeds zoning requirements, and the placement of the accessory structure over eight parking spaces will still exceed required parking. He informed the Commission that according to Section 9.113(2)(a) of the Zoning Ordinance, accessory buildings ar.e only allowed as a Conditional Use within any "RB" Business District. He stated that the proposal is consistent with zoning regulations. Mr. Hollman informed the Commission that the Land Use Plan Map designates this area of Columbia Heights for future commercial activity, including retail sales, offices, and service businesses adding that this proposal would be consistent with the intent of the City Comprehensive Plan. Motion by Paulson, seconded by Ramsdell, to recommend to the City Council the approval of the Conditional Use Permit for 2261 N.E. 37t" Avenue to allow a temporary greenhouse structure in the parking lot from April 19-July 21, 1998 with the condition that a ~500 deposit is submitted to the License/Permit Clerk prior to installation of the structures on the site. Voice Vote: All Ayes. **THIS ITEM TO APPEAR ON THE APRIL 13, 1998 CITY COUNCIL MEETING. PLANNING ANO ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 7, 1998 PAGE3 Public Hearing Variances/Alley Vacation Case #9804-19 Jeff BahelBobby Williams 3701 Central Avenue N.E. Columbia Heights, Mn. Mr. Hollman informed the Commission that due to the impending referendum regarding the rezoning of property in conjunction with this development, it has been recommended that these requests be tabled until the May 5, 1998 meeting. Motion by Paulson, seconded by Ramsdell, to table the variance requests until the May 5, 1998 Planning and Zoning Commission meeting. Voice Vote: All Ayes. Public Hearing Conditional Use Permit, Lotsplit, Plat, Variance Case #9804-20 CrestView Corporation 4444 Reservoir Blvd. Columbia Heights, Mn. Mr. Hollman presented the request of CrestView Corporation for a Conditional Use Permit, Variances, a Lot Split, and Plat to allow the construction of a HUD 202 low income 40 unit senior housing complex (retirement home) at 1675 N.E.44th Avenue, which is the proposed address of the lot split parcel. He added that the Department of Housing and Urban Development (HUD) is providing financing for this project, and one of the requirements for this financing is that the complex be constructed on a separate parcel, thus the reason for the lot split. Mr. Holtman informed the Commission that the plat is not required, but is being requested by the City in an effort to simplify legal descriptions for the entire CrestView property. After the property is platted it will be legally described with a lot and block number, rather than a metes and bounds description, which is used to legally describe the lot split. CrestView Corporation is requesting the lot split because it is the quickest method in which to subdivide the necessary parcel. He added that information has not been provided for the plat as of this date. In providing the history of the CrestView Campus to the Commission, Mr. Hollman stated that the Crest¥iew property currently consists of three different uses. The Boulevard Apartments are designed for Seniors aged 62 and older who desire independent living. Royce Place consists of 50 units and is used for individuals needing assistance but are still able to maintain an independent lifestyle. CrestView Lutheran Home is used for those who need a full range of health care services. Mr. Hollman stated that OrestView Corporation has had several proposals (18) before the Planning and Zoning Commission. The most recent was a Planned Unit Development Concept Plan which was approved by the Planning and Zoning Commission at the February 1998 meeting. This current case will alleviate the need to pursue preliminary and final Planned Unit Development plans. REGULAR MEETING- M~NUTE$ APRIl 7, 19§8 PAGE 4 Mr. Hollman informed the Commission that the adjacent land to the north of the subject property is zoned R-1 Single Family Residential and is used for Keyes Park and the Minneapolis Waterworks. The lots to the east and south of the subject property are zoned R-l, Single Family Residential and are used residentially. Parcels to the west of the subject property are zoned R-2, Two Family Residential and are also used residentially. He stated that the existing use of the subject property consists of the three uses previously described as the Boulevard Apartments, Royce Place, and Crest View Lutheran Home. The HUD 202 building will provide a slightly different service than the existing three buildings in that it will provide affordable housing for Iow income seniors. He added that the proposed use is compatible with the character of the surrounding property. Mr. Hollman reviewed the Parking Ordinance requirements with the Commission. He stated that Section 9.116(4)(f) requires two parking stalls for each dwelling unit, which would require 80 stalls for the proposed HUD 202 building. He stated that the CrestView Corporation is asking that only 0.5 spaces per unit be required which would require a variance of 60 parking spaces as CrestView is proposing to provide 20 parking spaces plus two handicap spaces. Mr. Hollman stated that the closest category in the Parking Section of the Zoning Ordinance for determining parking for this type of use is Multiple Family. He felt that these requirements could be considered strict as many seniors do not drive. He added that considering the existing configuration of the CrestView complex and the proposal for shared parking, providing the required 80 spaces on the newly created lot would not be practical. He informed the Commission that according to the site plan submitted with the application, there are 184 total parking spaces available on the campus including the proposed spaces. ; Mr. Hollman stated that Section 9.116(2)(d) of the Zoning Ordinance states that parking must meet the required front yard setback which is 30 feet in the R-3 Multiple Family District. He informed the Commission that CrestView Corporation is requesting to locate parking stalls in the front yard, which would require a variance. He added that based on the configuration of the existing buildings and the HUD 202 requirement that a separate lot be created for the proposed building, it would not be practical to design the complex in a manner that would not allow parking in a front yard. In addition, Section 9.116(6)(d) of the Zoning Ordinance states that there shall be provided adequate off-street loading space for all buildings which require receipt or distribution of material by vehicle. This proposal satisfies this requirement. Mr. Hollman informed the Commission that setback requirements for the R-3 Zoning Distict are as follows: Structure Height shall not exceed three (3) stories. This proposal meets or exceeds this requirement. Front yard shall be 30 feet or more. This proposal meets or exceeds this requirement. Side yards shall be 1/4 the height of the building or 10 feet, whichever is greater. Two ten (10) foot variances will be required as the proposed building height is thirty (30) feet. A zero foot side PLANNING ANO 70N[NG COMMISSION REGULAR MEETING- MINUTES APRIL 7, 1998 PAGE 5 yard setback is requested to allow the construction of the link between the existing CrestView Nursing Home building and the proposed HUD 202 building. The second variance is being requested to allow a zero foot side yard setback on the remainder lot after the Iotsplit for the link from Royce Place to the proposed HUD 202 building. The rear yard shall be 1/2 the height of the building or 20 feet, whichever is greater. A variance of twenty (20) feet will be required to allow the construction of the link between the existing Royce Place building and the proposed HUD 202 building. The proposed links will be approximately eight (8) feet in width and enclosed. They are needed to maintain the campus atmosphere and to provide easy mobility between buildings in the CrestView complex for residents, staff and visitors. Floor area requirements per dwelling unit shall be 600 square feet for one-bedroom apartments and 720 square feet for two-bedroom apartments. This proposal meets or exceeds this requirement. The minimum lot width shall be 70 feet. The proposal meets or exceeds this requirement. The minimum lot area shall be 10,000 square feet. The proposed lot area is approximately 35,215 square feet, which exceeds this requirement. Mr. Hollman explained CrestView Corporation's request for a Conditional Use Permit for a new HUD 202 40 unit Senior Housing Complex (retirement home) at 1675 44th Avenue NE. Section 9.109(2)(h) of the Zoning Ordinance requires a Conditional Use Permit for the construction of retirement homes in the R-3 Multiple Family Residential District. This section of the ordinance states that the site shall contain not less than 400 square feet of lot area for each person to be accommodated and buildings are required to be 25 feet or more from a lot line of an abutting lot in an "R" District. The proposed lot contains over 35,000 square feet, which exceeds the lot area requirement. Strict enforcement of the 25 foot setback from a lot line abutting an "R" district would require that the building be set back 25 feet from the newly created property lines because the existing Crest View property is zoned residentially. However, Mr. Hollman indicated that requirement can be interpreted to be intended to create a buffer between the proposed use and adjacent residential property under different ownership. It was his interpretation that the proposal meets the intent of this requirement. Mr. Hotlman informed the Commission that Section 17, Performance Standards, of the Zoning Ordinance requires the following: Solid waste material shall be so located and fenced as to be removed from public view; Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or from neighboring properties; · Lighting shall be directed away from adjoining properties and public right-of-way; Water run-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. PL,qNN)~,IG AND ZDN)N8 COMMISSION REGULAR MEETING- MINUTES APRIL 7, 1998 PAGE § Prior to the issuance of any building permits, Mr. Hollman stated that the building plans, lighting plan, grading plan and drainage plan as well as an erosion control plan will need to be reviewed and approved. These plans will be reviewed by various departments, including Fire, Engineering, and the Building Official. Mr. Hollman presented the request of CrestView Corporation for a lot split and plat of the property located in part of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota for Crest View Corporation. The proposed site address is 1675 44'h Avenue NE. He informed the Commission that the proposed lot would be approximately 35,215 sq. ft., and will contain the HUD 202 40 unit Senior Housing Complex. He reviewed with the Commission the lot width and yard requirements in the R-3 district (Section 9.109(4)), which pertain specifically to the lot split application. He stated that the minimum lot width of 70 feet would be met by the proposed development. The lot area of 35,215 square feet meets the required minimum lot area requirement of 10,000 square feet. Mr. Hollman stated that typically, when subdividing property regular-shaped (grid-type pattern)lots are preferred adding that considering the existing configuration of the property, the irregular shaped lots are needed to meet building setback requirements. The principal structures will meet setback requirements, but the requested links will need variances. Mr. Hollman informed the Commission that information has not been provided for review of the plat. Mr. Hollman stated that the City of Columbia Heights Comprehensive Plan designates the subject property for high density residential. One of the policies of the Population, Households and Employment Plan states the following: "Providing attractive options for senior citizens who might desire to move out of their detached house." He also informed the Commission that a goal of the Housing Plan is to upgrade and improve attractive multiple-family housing for those segments of the population that cannot afford or do not desire to live in detached housing. Policy # 5 in this plan states the following: "The City shall continue to promote and protect equal housing opportunity in publicly assisted and private housing." Mr. Hollman stated that this proposal is consistent with the City Comprehensive Plan. In summary, Mr. Hollman stated that the positive aspects of this proposal would be that the proposal is consistent with the City Comprehensive Plan, it will provide needed housing options for Iow income Seniors, the proposed structure will be compatible with the character of the surrounding area, the proposed lot split will be used to meet HUD 202 financing requirements, and CrestView Corporation will plat the property which will simplify legal descriptions for the entire property. He felt that the only negative aspect of this proposal would be that the proposed lot configuration is not ideal, but it max'imizes the space available. Commissioner Paulson inquired of staff the status of the people in the proposed facility and their ability to drive given this is an independent living facility and their health would be better than those where more care is required. He clarified that with the proposed 40 unit building, about half of the required parking spaces are being provided. PLANNII~G AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 7, 1998 PAGE 7 He then asked if there would be a way to park in existing parking areas and walk to the new facility. Mr. Hollman replied that the proposed skyway link would satisfy that need. Council Representative Peterson stated that there had been a lot of discussion regarding the parking at the proposed facility given some of the lots are virtually empty. He stated that if a parking problem did arise, he would not want to see people parking on the street and causing problems for the residents in the area. Shirley Barnes, Director of CrestView Corporation, was present to state that if parking became a problem, in the best interest of customer service, there would be green area at the rear of the nursing home facility that could be made into a parking area for staff to open up other areas for visitor or other parking. She added that a neighborhood meeting was held on March 30, 1998 where the proposal was presented to the neighborhood and was well received. Commissioner Ramsdell stated that he drives by the complex daily and has noticed that the southeast parking lot along Reservoir Boulevard is frequently full. He asked Ms. Barnes if that lot was used for staff and visitors. Ms. Barnes replied that the lot was for staff and visitors, but if parking became a problem in that area, staff could park in the north lot. Commissioner Fowler asked if there were any plans for fencing in the pond. The architect, Dean Olson of WAI Continuum, stated that there were no plans at this time. Commissioner Fowler also inquired as to the status of the hard surfaced fire lane that will be required. The architect stated that will be addressed under another project and will be presented to the Fire Department and the City for proper review. MOTION by Peterson, seconded by Paulson, to recommend to the City Council the approval of the Conditional Use Permit to allow a Iow income senior housing complex in the R-3 Zoning District at 1675 N.E. 44'h Avenue subject to the following conditions: 1. Solid waste material shall be so located and fenced as to be removed from public view. Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or from neighboring properties. 3. Lighting shall be directed away from adjoining properties and public right-of-way. 4. Water run-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. 5. All required state and local codes, permits and inspections will be met and in full compliance. 6. All loading and unloading must be performed on site and not encroach into the public right-of-way. Voice ¥ote: All Ayes. Motion passes. PLANNING AND ZONING COMMISSION ~£~.~'R N~rr..rr.'T~NG- M~NUT£$ APRIL 7, 1998 PAGE8 MOTION by Peterson, seconded by Paulson, to recommend to the City Council the approval of the following variances because strict adherence to the provisions of this Ordinance would create a hardship to the landowner: A variance of 60 parking spaces from the requirement of Section 9.116(4)(f) requiring two parking stalls for each dwelling unit for a total of 80 parking spaces. A front yard setback variance of thirty (30) feet from the requirement of Section 9.116(2)(d) which states that parking must meet required front yards according to the district in which such parking is located. A ten (10) foot side yard setback variance from the requirement of Section 9.109(4)(a)(iv) to allow a zero foot side yard setback for the construction of the link between the existing CrestView Nursing Home building and the proposed HUD 202 building. 4. A twenty (20) foot rear yard setback variance from the requirement of Section 9.109(4)(a)(v). A ten (10) foot side yard setback variance to allow a zero foot side yard on the remainder of the lot after the lotsplit for the link from Royce Place to the proposed HUD 202 building. A variance of ten (10) feet from the side yard setback requirement to allow a zero foot side yard setback on the remainder lot after the Iotsplit for the link from the CrestView Lutheran Home to the proposed HUD 202 building. Voice Vote: All Ayes. Motion passes. MOTION by Peterson, seconded by Paulson, to recommend to the City Council the approval of the lot split, as it meets the requirements of the Zoning Ordinance and is compatible with the Comprehensive Plan. Voice Vote: All Ayes. Motion passes. MOTION by Peterson, seconded by Paulson, to table the plat request until CrestView Corporation provides the necessary information. Voice Vote: All Ayes. Motion passes. **THESE ITEMS TO APPEAR ON THE CITY COUNCIL AGENDA FOR APRIL 13, 1998. Public Hearing Conditional Use Permit Case #9804-21 Ind. School District 13 1500 N.E. 49th Avenue Columbia Heights, Mn. Mr. Holtman explained the request of Independent School District #13 for a Conditional Use Permit to allow the construction of two additions on Highland Elementary School, located at 1500 49t" Avenue NE. The two additions include a band room near the northeast corner of the building and a media center along the west side of the building. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES APRIL 7, 1998 PAGE 9 The size of the band room will be approximately 1,248 square feet and the size of the media center will be approximately 2,536 square feet. The combined size of the two additions will be approximately 3,784 square feet. Mr. Hollman informed the Commission that the elementary school was originally built in 1961, prior to the adoption of the existing Zoning Ordinance (1974). There are no previous cases on file that have been reviewed by the Planning and Zoning Commission. He indicated that the area to the north of the subject property is zoned R-l, Single Family Residential, and is used for a parking lot for the schools. Further north beyond the parking lot are single family residences and Mathaire Park. Approximately half of the adjacent property to the east is zoned R-l, Single Family Residential, and is used as such and the south half of the adjacent property to the east is Minneapolis Waterworks. Property on the south is zoned and used for both single and multi-family residential purposes. The area on the subject property to the west of the elementary school is used for the high school and football field. The property west of the subject property is zoned both R-l, Single Family Residential, and R-2, Two Family Residential, and is used residentially. He informed the Commission that Section 9.107(2)(e) of the Zoning Ordinance states that public and private schools shall be used in accord with an approved Conditional Use Permit. Section 9.105(5)(f) of the Zoning Ordinance states that changes to an approved conditional use permit involving structural alterations or enlargements shall require a new application. As a result of these requirements, Mr. Hollman stated the need for a Conditional Use Permit was determined. He added that Section 9.107(2)(e) further stipulates that no building shall be located less than 40 feet from an abutting lot in a "R" district and a fence shall be erected along the boundary line which is common with private property. The existing building and proposed additions are more than 40 feet from abutting "R" district lots and there is an existing fence around the property. Mr. Hollman informed the Commission of other requirements as follows: Minimum lot area shall be 8,400 square feet - the property exceeds this requirement; Minimum lot width shall be 70 feet - the property meets this requirement; Minimum front yard shall be 25 feet - the proposal meets this requirement; Minimum side yard shall be 10 feet - the proposal meets this requirement; Minimum rear yard shall be 30 feet - the proposal meets this requirement; No structure or building shall e×ceed 3 stories or 35 feet in height, whichever is lesser - the proposal meets this requirement; Parking requirements for an elementary school are at least one parking space for each class room plus one additional space for each 300 student capacity. At this time, information on parking has not been provided. A parking plan Will need to be reviewed and approved prior to the issuance of any building permits. Mr. Hollman stated that building plans have already been reviewed and approved by the Building Official, ~n~jineefinoj Department and the Fire Department. He added that the City's Comprehensive Plan designates this PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 7, 1998 PAGE 10 area for the Columbia Heights High School and Highland Elementary School stated that the proposal is consistent with the Comprehensive Plan. Mr. Hollman stated that the positive aspects of this proposal are as follows: 1. The additions will provide needed space enhancing the school's ability to provide educational services. 2. The proposal is consistent with the City Comprehensive Plan. 3. The proposed additions are compatible with the character of the surrounding area. He added that there are no known negative aspects of this proposal is with the exception of the lack of parking information. Discussion was held as to the location of the proposed additions onto the existing building and the proposed use of the additions. MOTION by Ramsdell, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit for the band room and media center additions, subject to the following conditions: 1. All required state and local codes, permits and inspections will be met and in full compliance. 2. A parking plan shall be submitted for review and approval prior to the issuance of any building permits. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE APRIL 13, 1998 CITY COUNCIL AGENDA. MOTION by Paulson, seconded by Ramsdell, to adjourn the meeting at 7:40 p.m. Roll Call: All Ayes. Respectf. ully/~bmitted, ,,/,:,.? . · , .... '¥, ,,..._.~...~,'~" ~ Secretary to the Planning and Zoning Commission kp City of Columbia Heights Park and Recreation Commission April 22, 1998 The meeting was called to order by Eileen Evans at 6:38 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Bruce Magnuson; Gary Peterson; Bob Ruettimann; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Members absent: James Nelson; Dick Petkoff (on vacation) Also present: APPROVAL CONSENT AGENDA Motion by Foss, second by Magnuson to approve the consent agenda. All ayes, motion carried. LETTERS AND REQUESTS -' There are no letters or requests at this time. .OLD BUSINESS WATER DAMAGE IN LOWER LEVEL OF MURZYN HALL The Recreation Director updated members on recent water damage in the northeast side of JPM. This has been an ongoing problem. The water damaged the carpet in the custodial office. Carpeting was removed from that area. Members and staff discussed possible solutions to the problem. Several possible solutions are: 1) installing down spouts that extend further away from the building; 2) place covers on window wells to prevent water from collecting there; 3) build up the soil and landscape around the foundation of JPM; 4) purchase sump pumps with automatic shut-offs; 5) purchase sensors that detect water entering the building. Motion by Peterson, second by Ruettimann directing the Recreation Director and Public Works Director/City Engineer to work together to solve the problem. DAMAGE TO ROOF OF MURZYN HALL The Recreation Director updated members on recent wind damage to the roof which resulted in the 78 square feet of shingles. Roof Design has submitted a bid of $320 to replace the shingles. They also submitted a bid of $9,200 to repair the north and west sections of the roof. Members suggested getting a bid on replacing the entire roof. Members authorized the repair of this most recent damage. NEW BUSINESS ELECTION OF CHAIRMAN Members discussed the need for election of a new chairman. Since the current Chairman, Dick Petkoff, has indicated he did not wish to serve another term as Chairman, nominations were taken for the position of Chairman. Nomination by Magnuson to elect Eileen Evans as Chairman. All ayes. Eileen Evans was elected as Chairman. Bruce Magnnson was nominated as Vice- Chairman. All ayes. Bruce Magnuson was elected as Vice-Chairman. Members expressed their appreciation for Dick Petkoff's years of service as Chairman and hope that he will continue to serve as a Commission Member. REQUEST FOR ROLLER BLADE RINK AT GAuVrrTE PARK The Public Works Director/City Engineer discussed a request received from a citizen who wants to set up the hockey rink at Gauvitte Park with gates and goals for summer roller blade hockey. Members reviewed the memo regarding this request. Members discussed the fact that there is a storm sewer grate in the middle of the hockey rink that would be dangerous for roller bladers. Staff does not recommend summer roller blade hockey at Gauvitte due to liability issues combined with maintenance and upkeep. The Public Works Director/City Engineer will send a written response to the person who made this request. REPLACEMENT OF HUSET EAST PLAYGROUND EQUIPMENT The Public Works Director/City Engineer shows members several different types of playground equipment that is being considered for Huset East. This is a budgeted item for 1998. Members felt that a decision should not be made until staff can discuss it with the Design Team and the Huset Park Neighborhood Association. REPORTS RECREATION DIRECTOR The Recreation Director reported that all the garden plots have been rented by Columbia Heights residents. Staff is currently working on soliciting contributions for the fireworks display scheduled for Friday, June 27, 1998. In the event of rain, the fireworks will be delayed until Friday, October 2, 1998 (Columbia Heights High School homecoming football game). Staff are receiving bids on the fireworks display until the end of April The Recreation Department received funds from Medtronics for a puppet wagon. The trailer was ordered from Hilltop Trailer Sales for under $2,000. PUBLIC WORKS DIRECTOR The Public Works Director/City Engineer advised members of the City Open House to be held on Tuesday, May 19 from 4:00 to 7:00 p.m. at the Municipal Services Center.