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July 13, 1998 Regular
AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MONDAY, JULY 13, 1998 7:00 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE 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. 1__ CALL TO ORDER/ROLL CALL(Commencement of Cablecasting of Reg Mtg on Television.) 2_ PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the previous portion of agenda, or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) Move to adopt the consent agenda items as listed below: A. Approve Minutes of June 22, 1998, Regular Council Meeting B. Approve Appointments to Telecommunications, Planning and Zoning, and Police/Fire Civil Service Commissions C. Approve Gambling Request--Immaculate Conception Church ~ KJ's Caf6 D. Approve Request to Serve Beer at Sullivan Park on August 16, 1998, per Request of VFW E. Approve Request to Serve Beer at Sullivan Park on August 20, 1998, per Request of Medtronic F. Establish Hearing Date of July 27, 1998, Regarding Rental Property at 3717 Polk Street, 3935 Tyler Street, 1206-08 Circle Terrace, and 4544 Madison Street G. Establish Hearing Date of August 10, 1998, for Revocation/Suspension of Rental Property License for 1020 44th Avenue H. Approve Replacement of John P. Murzyn Hall Dishwasher I. Authorize Staff to Seek Request for Proposals for the Establishment of a Storm Water Utility J. Authorize Public Works Director to Attend the APWA Congress in Las Vegas, Nevada from September 14-17, 1998 K. Approve Relining of City Lines-Metropolitan Council of Environmental Services Sanitary Sewer L. Approve Joint Powers Agreement with the City of NeTM Brighton to Repair, Crack Seal, and Seal Coat Stinson Boulevard and Fairway Drive M. Authorize Staff to Prepare a Sidewalk Repair and Replacement Policy Ordinance N. Resolution Amending Administrative Offense Penalty Schedule O. Authorize Execution of Sub-Grant Agreement for Federal Assistance Under the Infrastructure Program P. Establish Neighborhood Organizations Q. Resolution Imposing a Moratorium on Site Improvements and/or Development of Property Owned by St. Timothy's Lutheran Church in Columbia Heights R. Approve Language for General Election Ballot Per Charter Commission's Request Regarding Length of Mayor's Term S. Approve License Applications T. Approve Payment of Bills RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. Introduction of New Employee-Assistant Finance Director Roxane Smith 10. C. D. E. F. G. H. I. J. K. L. M. N. PUBLIC ¥ll*,XRI2qGS A. Second Reading, Ordinance 1374, Ordinance Pertaining to the Science, Technology, and Energy Commission Second Reading, Ordinance 1375, Ordinance Pertaining to the Insurance Commission Public Hearing - Licensing of Rental Property of Benny Rozman at 4050 4a Street Public Hearing - Licensing of Rental Property of Benny Rozman at 4060 4th Street Public Hearing - Licensing of Rental Property of Benny Rozman at 4100 4a Street Public Hearing - Licensing of Rental Property of Benny Rozman at 4120 4th Street Public Hearing - Licensing of Rental Property of Benny Rozman at 4425 University Avenue Public Hearing - Licensing of Rental Property of Benny Rozman at 4433 University Avenue Public Hearing Avenue Public Hearing Avenue Public Hearmg Avenue Public Hearing Avenue Public Hearing Avenue Public Hearing Avenue - Licensing of Rental Property of Benny Rozman at 4441 University - Licensing of Rental Property of Benny Rozman at 4707 University - Licensing of Rental Property of Benny Rozman at 4715 University - Licensing of Rental Property of Benny Rozman at 5121 University - Licensing of Rental Property of Benny Rozman at 5131 University - Licensing of Rental Property of Benny Rozman at 5141 University ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Resolution Declaring the Property at 1260 46th Avenue as Hazardous 2. Resolution Declaring the Garage and Retaining Walt Located at 3900 Central Avenue N.E. as Hazardous B. Bid Considerations C. Other Business 1) Accept Engineering Study Reports and Authorize Staff to Proceed with 2) 3) 4) 5) 6) 7) 8) Design Services and Initiate Negotiations for Property Acquisition Approve Conditional Use Permit, 3856 Quincy Street Approve Conditional Use Permit, 5098 Central Avenue Deny Variance Application, 3723 Polk Street Approve Variance Application, 4015 Stinson Boulevard Approve Variance Application, 4757 Central Avenue Establish a Complete Count Committee to Assist the Census Bureau's Efforts for Census 2000 Deny Solicitor License ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) Minutes of June 16, 1998, Economic Development Authority Meeting 2) Minutes of May 21, 1998, Charter Commission Meeting 3) Minutes of July 6, 1998, Traffic Commission Meeting CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON 11. AGENDA ADJOURNMENT Walt Fehst, City Manager/cb CITY OF COLUMBIA HEIGHTS FILES 590 40TH AVENUE N.E., COLUMblA HEIGHTS, MN 55421-3878 (612) 782-; ADMINISTRATION Wa~ter R. F~hst JULY 10, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 13, 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, oractivities. Upon request, accommodation will be provided toallowindividualswithdisabilftiesto participateinallCityofColumbia 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) CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) MOTION: Move to adopt the consent agenda items as listed below: A. Approve Minutes of June 22, 1998, Regular Council Meeting MOTION: Move to approve the minutes of the June 22, 1998, Regular Council Meeting as presented. Approve Appointments to Telecommunications, Planning and Zoning, and Police/Fire Civil Service Commission MOTION: Move to appoint Ruth Graham to the Telecommunications Commission, with term expiring April, 2000; John Hunter to the Planning and Zoning Commission, with term expiring April, 2002; and Bruce Magnuson to Police/Fire Civil Service Commission, with term expiring April, 2001. Approve Gambling Request-Immaculate Conception Church @ KJ's Caf& MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the THE CITY OF COLUMB[A HEIGHTS DOES NOT D}SCRIMINATE ON THE BASIS OF DISAEIL]%¢ IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COUNCI~L AGENDA JULY 13, 1998 PAGE 2 issuance of a Class B premise permit for the Church of the Immaculate Conception in conjunction with activities at KJ's Cafb & Sports Bar, 4005 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Approve Request to Serve Beer at Sullivan Park on August 16, 1998, per Request of VFW MOTION: Move to approve the request from Duane Running, Quartermaster of VFW Post #230, 4446 Central Ave. N.E., Columbia Heights, to serve 3.2 beer in Sullivan Park from 11:00 a.m. to 6:00 p.m. on Sunday, August 16, 1998, for a VFW event. Approve Request to Serve Beer at Sullivan Park on August 20, 1998, per Request of Medtronic MOTION: Move to approve the request from Carol Menken of Medtronic Neuroligical, 800 53rd Avenue N.E., Minneapolis, to serve 3.2 beer in Sullivan Park from 8:00 a.m. to 5:00 p.m. on Thursday, August 20, 1998, for a Medtronic picnic. Fo Establish Hearing Date of July 27, 1998, Regarding Rental Property at 3717 Polk Street (Michael Shaffer), 3935 Tyler Street (Anthony Wilczek), 1206-08 Circle Terrace (Susan Loewenthal), and 4544 Madison Street (Wilton Smith) MOTION: Move to establish a hearing date of July 27, 1998, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the property owners regarding their above-named rental property. Establish Hearing Date of August 10, 1998, for Revocation/Suspension of Rental Property License for 1020 44t~ Avenue (Greg Heinen) MOTION: Move to establish a hearing date of August 10, 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. Approve Replacement of John P. Murzyn Hall Dishwasher MOTION: Move to authorize staff to seek bids to replace the current Murzyn Hall dishwasher with a new dishwasher at a cost not to exceed $7,250 installed which would be funded out of the City antenna fund. Authorize Staff to Seek Request for Proposals for the Establishment of a Storm Water Utility MOTION: Authorize staff to seek Request for Proposals for consultant services for the establishment of a storm water utility for the City of Columbia Heights. Authorize Public Works Director to Attend the APWA Congress in Las Vegas, Nevada from September 14-17, 1998 MOTION: Move to approve the attendance of the Public Works Director at the 1998 APWA Congress and Exposition in Las Vegas, Nevada, to be held September 14-17, 1998, and that all related expenses be reimbursed from proper Public Works funds. COUNCEb AGENDA JUL'~ !3, !9~ PAGE 3 Approve Relining of City Lines -Metropolitan Council of Environmental Services Sanitary Sewer MOTION: Move to approve the relining of 338 feet of 15 inch sanitary sewer (north) at a cost of $24,000 and to reline 668 feet of sanitary sewer (east) at an estimated cost of $38,155 with funds to be appropriated from the Sanitary Sewer Construction Fund, 652- 49499-5130. Lo Approve Joint Powers Agreement with the City of New Brighton to Repair, Crack Seal, and Seal Coat Stinson Boulevard and Fairway Drive MOTION: Move to approve the Joint Powers Agreement with the City of New Brighton to repair, crack seal, and seat coat Stinson Boulevard, Fairway Drive to 325 feet north of North Upland Crest within the Cities of New Brighton and Columbia Heights. Mo Authorize Staff to Prepare a Sidewalk Repair and Replacement Policy Ordinance MOTION: Move to authorize staff to prepare an Ordinance for the repair and replacement of sidewalks located on public rights-of-way or easements throughout the City, and which addresses payment procedures for such work. Resolution Amending Administrative Offense Penalty Schedule MOTION: Move to waive the reading of Resolution No. 98-53, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 98-53, Being a resolution regarding amending administrative offense penalty schedule. Authorize Execution of Sub-Grant Agreement for Federal Assistance Under the Infrastructure Program MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 98-54, and authorize execution of Sub-Grant Agreement for Federal Assistance under the Infrastructure Program. Po Establish Neighborhood Organizations MOTION: Move to approve the Planning and Zoning Commission recommendation to direct staff to: 1) Fine tune the proposed neighborhood map boundaries, 2) Approach the Minnesota Design Team Steering Committee and/or Neighborhood Subcommittee to participate in this process, 3) Coordinate a meeting(s) inviting both Committee members and all citizens expressing an interest in participating in neighborhood organizations, and 4) Work with the Committee to prepare a recommendation(s) for future City Council consideration on establishing neighborhood organizations within the City of Columbia Heights. Resolution Imposing a Moratorium on Site Improvements and/or Development of Property Owned by St. Timothy's Lutheran Church in Columbia Heights MOTION: Move to waive the reading of Resolution 98-55, there being ample copies available to the public. COUNC1L AGENDA JULY 13, 1998 PAGE 4 MOTION: Move to adopt Resolution 98-55, being a resolution imposing a ten month moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights. Approve Language for General Election Ballot Per Charter Commission's Request Regarding Length of the Mayoral Term MOTION: Move to approve the recommended language of the City Attorney (as stated in the council letter) regarding changing the Mayor's term of office, and to direct the City Clerk to place this language on the next general election ballot. License Applications MOTION: Move to approve the license applications as listed. To Payment of Bills MOTION: Move to approve payment of the bills as listed out of proper funds. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A. Introduction of New Employee-Roxane Smith, Assistant Finance Director PUBLIC HEARINGS Second Reading, Ordinance 1374, Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to the Science, Technology, and Energy Commission MOTION: Move to waive the reading of the ordinance, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1374, being an Ordinance amending Ordinance No. 853, City Code of 1977, Pertaining to the Science, Technology, and Energy Commission. Second Reading, Ordinance No. 1375, Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to the Insurance Commission MOTION: Move to waive the reading of the ordinance, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1375, being an Ordinance amending Ordinance No. 853, City Code of 1977, Pertaining to the Insurance Commission. Co Public Hearing - Licensing of Rental Property of Benny Rozman at 4050 4th Street MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 4050 4t~ Street. MOTION: Move to table consideration of the revocation of the rental license for 4050 4th Street until July 27, 1998. COUNCI~L AGENDA JULY 13, 1998 PAGE 5 D. Public Hearing - Licensing of Rental Property of Benny Rozman at 4060 4~ Street MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 4060 4t~ Street. MOTION: Move to table consideration of the revocation of the rental license for 4060 4t~ Street until July 27, 1998. Public Hearing - Licensing of Rental Property of Benny Rozman at 4100 4t~ Street MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 4100 4t~ Street. MOTION: Move to table consideration of the revocation of the rental license for 4100 4t~ Street until July 27, 1998. Fo Public Hearing - Licensing of Rental Property of Benny Rozman at 4120 4th Street MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 4120 4th Street. MOTION: Move to table consideration of the revocation of the rental license for 4120 4th Street until July 27, 1998. Public Hearing - Licensing of Rental Property of Benny Rozman at 4425 University Avenue MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 4425 University Avenue. MOTION: Move to table consideration of the revocation of the rental license for 4425 University Avenue until July 27, 1998. Public Hearing - Licensing of Rental Property of Benny Rozman at 4433 University Avenue MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 4433 University Avenue. MOTION: Move to table consideration of the revocation of the rental license for 4433 University Avenue until July 27, 1998. Public Hearing - Licensing of Rental Property of Benny Rozman at 4441 University Avenue MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 4441 University Avenue. MOTION: Move to table consideration of the revocation of the rental license for 4441 University Avenue until July 27, 1998. Public Hearing - Licensing of Rental Property of Benny Rozman at 4707 University Avenue MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 4707 University Avenue. MOTION: Move to table consideration of the revocation of the rental license for 4707 University Avenue until July 27, 1998. COUNCIL AGENDA JULY 13, 1998 PAGE 6 Mo No Public Hearing - Licensing of Rental Property of Benny Rozman at 4715 University Avenue MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 4715 University Avenue. MOTION: Move to table consideration of the revocation of the rental license for 4715 University Avenue until July 27, 1998. Public Hearing - Licensing of Rental Property of Benny Rozman at 5121 University Avenue MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 5121 University Avenue. MOTION: Move to table consideration of the revocation of the rental license for 5121 University Avenue until July 27, 1998. Public Hearing - Licensing of Rental Property of Benny Rozman at 5131 University Avenue MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 5131 University Avenue. MOTION: Move to table consideration of the revocation of the rental license for 5131 University Avenue until July 27, 1998. Public Hearing - Licensing of Rental Property of Benny Rozman at 5141 University Avenue MOTION: Move to open the Public Hearing regarding rental license revocation for the property located at 5141 University Avenue. MOTION: Move to table consideration of the revocation of the rental license for 5141 University Avenue until July 27, 1998. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution Declaring the Property at 1260 46t~ Avenue as Hazardous MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 98-56, being a resolution declaring the property at 1260 N.E. 46t~ Avenue as hazardous, and direct the City to initiate proceedings to raze the remainder of the structure/building, perform lot grading for future development and site restoration, and the repair or replacement of the neighbors' fences at the south and west property lines. 2) Resolution Declaring the Garage and Retaining Wall Located at 3900 Central Avenue N.E. as Hazardous COUNCIL AGENDA JULY !3, 1998 PAGE 7 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 98-57, being a resolution declaring the garage and retaining wall located at 3900 Central Avenue N.E. as hazardous. raze the garage and remove the retaining wall, to grade the lot to eliminate the need for a retaining wall. To Bid Considerations Other Business 1) MOTION: MOTION: Accept Engineering Study Reports and Authorize Staff to Proceed with Design Services and Initiate Negotiations for Property Acquisition MOTION: Move to accept the Engineering Study Reports as prepared by the Engineering Firm of BRA. Move to authorize the firm of BRA to prepare the design of the storm sewer improvements as recommended in the engineering studies. Move to authorize the City Attorney and city staff to determine property acquisition requirements based upon funding eligibility and begin negotiations for property acquisition as identified. 2) Approve Conditional Use Permit, 3856 Quincy Street MOTION: Move to approve the Conditional Use Permit to allow off-street parking in the R-3 District at 3856 Quincy Street, subject to the conditions stated in the council letter. 3) Approve Conditional Use Permit, 5098 Central Avenue MOTION: Move to approve the Conditional Use Permit to allow the operation of a Papa John's Pizza Prepared Food Delivery Establishment in the Retail Business Zoning District at 5098 Central Avenue, subject to the conditions stated in the council letter. 4) Deny Variance Application, 3723 Polk Street MOTION: Move to deny the variance application for a 400 square foot house addition at 3723 Polk Street because hardship has not been established and the addition would extend an existing nonconforming use. 5) Approve Variance Application, 4015 Stinson Boulevard MOTION: Move to approve the variance of 2,072 square feet at 4015 Stinson Boulevard as the unusual topography and potential loss of trees and shrubbery around the existing garage create a hardship. 6) Approve Variance Application, 4757 Central Avenue MOTION: Move to approve the variance of 10 parking spaces to keep the existing parking spaces in the front yard at 4757 Central Avenue rather than the COUNCIL AGENDA JULY 13, 1998 PAGE 8 required curb and landscaping because shape of the lot and topography create a hardship. Move to recommend City Council approval of the variance of five (5) feet to maintain 10 existing parking spaces that are nine (9) feet wide and 15 feet in length because shape of the lot and topography create a hardship. 7) Establish a Complete Count Committee to Assist the Census Bureau's efforts for Census 2000 MOTION: Move to establish a Complete Count Committee to assist the Census Bureau's efforts for Census 2000. 8) Deny Solicitor License MOTION: Move to deny the request for a solicitor's license on behalf of Robert Arthur Erickson based on the recommendation of the Police Department due to his driving record and criminal history. o ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney o GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1 ) Minutes of June 16, 1998, Economic Development Authority Meeting 2) Minutes of May 21, 1998, Charter Commission Meeting 3) Minutes of the July 6, 1998, Traffic Commission Meeting 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. (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.) ADJOURNMENT Walter Fehst, City Manager cb OFFICIAL PROCEEDINGS COLLvlvS~Ik I-I~IGttTS CITY COUNCIL P,_EGULAR COUNC~ MEETING JIYNE 22, 1998 APPOINTMENT OF SECRETARY PRO-TEM Shelley Hanson was appointed Secretary Pro-Tern for this meeting. 1. CALL TO ORDER/ROLL CALL The Council Meeting was called to order at 7:00 p.m. by Mayor Smrdevant. Present were Mayor Sturdevant and Council members Szurek, Jolly, Ruettimann, and Peterson. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) Correction: 4.A.2. Establishing Work Session Dates-Correct dates should be Wednesday, July 8t~ at 7 pm, Monday, July 20th at 7 pm, and Monday, June 29m at 7 pm (for consideration of candidates to fill vacancies on boards/commissions). 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Approval of Consent A~enda Motion by Ruettimann, second by Szurek to adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes The Council approved the minutes of the June 8, 1998 Regular Council Meeting. 2) Establish Council Work Session Dates The Council established Wednesday, July 8, 1998 at 7 pm, Monday, July 20, 1998 at 7 pm, and Monday, June 29, 1998 at 7 pm as dates and times for Council work sessions. 3) Conference Attendance Request The Council approved Fire Chief Charles Kewatt's attendance at the International Association of Fire Chiefs Conference in Louisville, Kentucky, from September 11-15, 1998, and such expenses to be paid from Fund 101-42200-3320 ($1,010) and Fund 101-42200-3105 ($250). Page 1 REGLrLAR COUNCIL MEETING ~ %o_, 1998 PAGE 2 4) Block Party_ Request - 4641 Tyler Street The Council approved the request of Dan Koemer, 4641 Tyler Street N.E., #7, to block off Tyler Street between 46t~ and 47~ Avenues for a block party from 12:00 noon to 8:00 p.m. on Saturday, July 11, 1998. 5) Change Order #1 to Install Catch Basin on Polk Place and Polk Circle The Council authorized Contract Change Order #1 to remove and construct catch basins on Polk Place and Polk Circle to Midwest Asphalt Corporation in the amount of $3,450.00 per catch basin for a total contract add of $6,900.00 with funding out of the Sewer Construction Fund #652-49499. 6) Authorization to Enter into an Agreement with Canadian Pacific Railway The Council authorized entering into an agreement with Canadian Pacific Railway to install concrete surfaced crossing material on 37® Avenue west of Stinson Boulevard. 7) Approval of Street Excavation Permit for Minnegasco The Council approved Excavation Permit for Mirmegasco on 45~ Avenue for the purpose of system testing. 8) Award of Concrete Surfaced Crossing Material on 37th Avenue West of Stinson Boulevard The Council awarded the Concrete Surfaced Crossing Material to Omni Products, Inc. of McHenry, Illinois, based on their low qualified responsible quote of $17,280.00 and authorize the Mayor and City Manager to enter into an agreement for the same. 9) Authorization to Dispose of City Property_ The Council authorized the City Manager to dispose of a 1982 Ford F70 Dump Truck, Unit #0021, equipped with Henke snow plow and Swenson sander at the Hermepin County Auction scheduled for August 8, 1998. 10) Close Hearing - Rental License Revocation, 3935 Tyler Street The Council closed the public hearing regarding the revocation or suspension of the rental license held by Anthony Wilczek regarding rental property at 3935 Tyler Street in that the provisions of the Housing Maintenance Code have been complied with. 11) Close Hearing - Rental License Revocation, 4023 6th Street The Council closed the public hearing regarding the revocation or suspension of the rental license held by Renae Novak regarding rental property at 4023 6t~ Street in that the provisions of the Housing Maintenance Code have been complied with. Page 2 RBGULAR COUNCIL MEETING YUNE 22, 1998 PAGE 3 12) License Applications The Council approved the license applications as listed. 13) Payment of the Bills The Council approved payment of the bills as listed out of proper funds. Roll call on the consent agenda: All ayes. 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A. Introduction of New Employee John Haviland, the newly hired Police Officer, was introduced by Police Chief Tom Johnson. B. Presentation of Service Plaque Mayor Sturdevant presented a plaque to Kenneth Stumpf for his 20 Years of Service as volunteer firefighter. C. Legislative Update Representative Chaudhary was present to give a legislative update to the Council. He highlighted some of the bills passed that had an impact on Columbia Heights and its residents. The Council expressed their concern over the toss of revenue that will be realized by Columbia Heights due to changes in the TIF districts and the changes in tax rates for CommerciaVIndustrial classifications. Representative Chaudhary stated he hopes the increases in Local Government Aid will compensate for the loss of revenue from the TIF districts. Representative Chaudhary will continue to monitor the financial impact these changes will have on Columbia Heights and will work to minimize any loss that may be incurred. 6.PUBLIC HEARINGS There were no public hearings. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1374 Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to the Science, Technology and Energy Commission Motion by Peterson, second by Smrdevant to waive the reading of the ordinance there being ample copies available for the public. Roll Call: Ail ayes. Page 3 RE6ULAR COUNCIL MEETIN6 YUNE 22, 1995 PAGE 4 ORDINANCE NO. 1374 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, PERTAINING TO THE SCIENCE, TECHNOLOGY, A_ND ENERGY COMMISSION The City Council of the City of Columbia Heights does ordain: Section 1: Sections 3.314(1) - 3.314(4), inclusive of Ordinance No. 853, City Code of 1977, which reads as follows, to wit: 3.314(1) A Science, Technology, and Energy Commission is hereby established which shall consist of seven (7) permanent members to be appointed by the Council for terms of three (3) years each. Permanent members shall be residents of the City and shall possess technical expertise by virtue of education, training, or experience in the physical sciences, engineering, or mathematics and shall possess at least a baccalaureate degree therein. 3.314(2) 3.314(3) (a) Co) (c) (d) (e) The Science, Technology, and Energy Commission shall establish and appoint its own ex officio members of such numbers and identify as it shall deem appropriate. Terms of ex officio members shall be of such durations as is necessary and expedient to the topics being considered by the Science, Technology, and Energy Commission. The Science, Technology, and Energy Commission shall continue thereafter to prepare and maintain a current list of persons who may agree to donate technical expertise helpful to the topics which may be studied by the commission. Ex officio members need not be residents of the city and their expertise need not be limited to physical sciences, engineering or mathematics. Each ex officio member shall possess the title Technical Advisor. The Science, Technology, and Energy Commission shall: evaluate and advise the Council on highly technical proposal such as the use of computer services by the City Administrative Service (as requested by the Council). analyze, devise, and recommend to the Planning and Zoning Commission and Council such changes in the Zoning Code as may be necessary and desirable to both permit and closely regulate energy conservation enhancement in structures; provide analysis and advice to the Planning and Zoning Commission, Council, Administrative Service or other Boards and Commissions on technical subjects referred to it from time to time; advise the Council and aid the Administrative Service in the preparation of technical specifications for the purchase of technical equipment or services; review the City Code to determine areas of obsolescence or impending obsolescence and recommend changes to the City Council before such problems become acute; Page 4 KEGULAR COUNCIL MEETING (g) JUNE 22, 1998 PAGE 5 (h) 3.314(4) is hereby repealed. Section 2: conduct such studies as are necessary to advise the City Council about the development of a City energy policy and energy action statement; inform the residential, commercial, and industrial citizens of the City of the importance of energy conservation and motivate the public to conserve energy as the City Council shall direct; and evaluate its effectiveness in achieving the City Council's objectives. Notwithstanding the foregoing list of duties, the Science, Technology, and Energy Commission shall undertake none of the tasks provided in this section unless the City Council specifically directs it to perform such a particular duty. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: June 22, 1998 Motion by Peterson, second by Ruettimarm to schedule the public hearing and second reading of Ordinance No. 1374 for Monday, July 13, 1998 at approximately 7:00 p.m. Roll Call: All ayes. 2) First Reading of Ordinance No. 1375 Bein~ an Ordinance Amending Ordinance No. 853, CiW Code of 1977, Pertaining to the Insurance Commission Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll Call: All ayes. ORDINANCE NO. 1375 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, PERTAINING TO THE INSURANCE COMMISSION The City Council of the City of Cotumbia Heights does ordain: Section 1: Sections 3.313(1) - 3.313(5), inclusive of Ordinance No. 853, City Code of 1977, which reads as follows, to-wit: 3.313(1) An Insurance Commission is hereby established, which shall consist of not more than seven members to be appointed by the council for terms of indefinite duration. Members shall serve at will and may be removed or replaced by majority vote of the Council. The Council shall appoint a Chairman, and the Commission shall select a Secretary from among its members. Page 5 REGULAR COUNCIL MEETING ~ '1~., 5.99°0 PAGE 6 3.313(2) Members shall be selected from the insurance salesmen doing business within the City. Notwithstanding any other provision of this Code, the Chairman of the Commission may be remunerated for his service in such amount as set by resolution of the Council; provided, however, that said Chairman or members of his insurance agency shall do no business with the City of Columbia Heights. 3.313(3) The Insurance Commission shall serve as an advisory body to the Council and the administrative service of the City. The Commission shall study and investigate all areas of potential liability for the City and recommend insurance coverages therefor in the best interests of the City. The Commission shall conduct pubhc hearings as are necessary to give full consideration to such matters. 3.313(4) The City may purchase such necessary coverages or self insure as the Commission may advise. Nothing contained herein shall relieve the City Council form awarding contracts of insurance to the lowest responsible bidder where such process is lawfully required. 3.313(5) The Commission shall establish a monthly meeting date and direct the Secretary to prepare an agenda for each meeting. Said agenda shall be sent to the Commission members for their consideration at least two days prior to the meeting date. is hereby repealed. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: June 22, 1998 Motion by Peterson, second by Ruettimann to schedule the public hearing and second reading of Ordinance No. 1375 for Monday, July 13, 1998 at approximately 7:00 p.m. Roll Call: All ayes. B. Bid Considerations None C. Other Business 1) Transfer of Funds for Auto Theft Prevention Grant Reimbursement Tom Johnson, Police Chief, explained the program the funds were expended on. Now that Anoka County has reimbursed the city, we need to transfer the funds to the appropriate accounts. Page 6 REGULAR COUNCIL MEETING JUNE 22, PAGE 7 Motion by Ruettimann, second by Peterson to appropriate $1,216, the total amount reimbursed to us from the Anoka County auto theft grant, from the General Fund Revenue to the Police Department 1998 budget under line 1020. Roll Call: All ayes. 8. ADMINISTRATIVE REPORTS A. Report of the Ci_W Manager *The City Manager stated the objectives and goals established by the City Council are now being displayed in the Council Chambers. *Kevin Hansen, Public Works Director, reported that the Interceptor Line on 45th Avenue needs to re- lined due to deterioration of the top or crown of the line. The City needs to make a comm/Wnent so the work can begin as early as next week, and funds will need to be appropriated from the proper funds at a later meeting. Mr. Hansen explained that MCES currently has a by-pass pump going and it would be cost effective to do the re-lining while the by-pass is still in place. He also stated that sufficient funds are available in the sewer fund to cover the cost of the project. * Mr. Jolly inquired whether the Crestview expansion had been reviewed to evaluate the impact it will have on the sewer system in that area. Mr. Hansen said that the plans had not been reviewed yet. *Mr. Fehst informed Council members that the Police Dept. is holding a neighborhood picnic at Kordiak Park on Tuesday, June 30, 1998, from 5:30 - 7:00 pm *He reminded the Council members of the softball game at Huset Park on Saturday, June 27~ at 3 pm where city staffwill take on the Chamber of Commerce members. B. Report of the CiW Attorney There was nothing further to report. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) May 21, 1998 Telecommunications Commission Meeting 2) June 2, 1998 Planning and Zoning Commission Meeting 3) May 27, 1998 Park and Recreation Commission Meeting 4) June 2, 1998 Library Board of Trustees Meeting The minutes from the above meetings were included in the agenda packets. No Council action was required. Page 7 REGULAR COUNCIL MEETING PAGE 8 10. CITIZENS FORUM TO ADDRESS TIlE COUNCIL ON MATTERS NOT ON AGENDA Matt Lirmgren who is involved in the Youth Commission, CHASE, and Park & Recreation Programs, gave a brief update on the activities that will be taking place this summer. He invited the council members to attend some of the festivities this weekend that are being sponsored or staffed by the members of these groups. He also commented that the Park and Recreation Programs have had very high attendance and the Traveling Puppet Wagon sponsored by Medtronic has been very popular. Barb Black expressed her concerns regarding safety issues on 47th Avenue as it approaches Johnson Street. She felt the traffic level and speeds of the vehicles are unacceptable and would like stop signs put up in the area to ensure the safety of the children in the area. 11. ADJOIJR_N'MENT Motion by Ruettimarm, second by Peterson to adjourn the Regular Council Meeting at 8:21 pm. All ayes. Joseph Sturdevant, Mayor Shelley Hanson, Secretary Pro-Tern Page 8 CITY COUNCIL LETTER Meeting of : 0-o-LY 13, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: 4 CITY MANAGER ' S APPROVAL ITEM: APPOINTMENTS TO COMMISSIONS BY: WALT FEHST NO: ~. ~, DATE: JI/LY 10, 1998 As you are aware, we currently have several vacancies on Boards and Commissions that serve as advisory boards to the City Council. On Monday, June 29, 1998, intel-views were conducted to select persons to fill a couple of the positions. The following is a list of the appointments to be made: Appoint Ruth Graham to the Telecommunications Commissions, with term expiring April 2000. Appoint John Hunter to the Planning and Zoning Commission, with term expiring April 2002. Appoint Bruce Magnuson to the Police/Fire Civil Service Commission, with term expiring April 2001. RECOMMENDED MOTION: Move to appoint Ruth Graham to the Telecommunications Commission, with term expiring April 2000, John Hunter to the Planning and Zoning Commission, with term expiring April 2002, and Bruce Magnuson to Police/ Fire Civil Service Commission, with term expiring April 2001. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 13, 1998 AGENDA SECTION: Consent NO. ~ ITEM: Premise Permit Application for NO. Immaculate Conception Church at KJ's Caf~ & Sports Bar /7(. ~_. ORIGINATING DEPARTMENT POLICE BY: DATE: Johnson/M. Du~rk~e Th°mas 1998 ~x~l~ July 8, CITY MANAGER APPROVAL: BY: DA~: BACKGROUND The City of Columbia Heights has been notified that the VFW Post #230, '!. d'!. fi Central Avenue N.E., is canceling their lease for operating the legal gambling at KJ's Caf6 & Sports Bar, 4005 Central Avenue N.E., effective July 31, 1998. There has been a mutual agreement between the VFW Post #230 and KJ' s Caf6 & Sports Bar to break the lease. See letters attached. The Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a premise permit application to hold legal gambling activities at KJ's Caf6 & Sports Bar, 4005 Central Avenue N.E., Columbia Heights, when the lease agreement for legal gambling by the VFW Post expires on July 31, 1998. I.C.C. has submitted a copy of the floor plan and lease agreement with KJ's Caf6 and Sports Bar, along with Permit Application, and permit fee. ANALYSIS/CONCLUSION Since the organization satisfies the City Council' s resolutions regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premise permit for the Church of the Immaculate Conception in conjunction with activities at KJ' s Caf6 & Sports Bar, 4005 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Attachments mid 98-233 COUNCIL ACTION: LG214 Minnesota [,awf~! Garr~ling Premises Permit Application - Part I of 2 FOR BOARD U~E ONLY BASE # PP # FEE CHECK INITIALS DATE Class of premises permit Renewal (check one) Organization base license number [] A ($400) Pult-taSs, tipboards, paddlewheels, raffles, bingo [~ ($250) Pull-tabs, gpbc~ards, paddlewheets, raffles Premises pen'nit number New [] C ($200) Bingo only [] D (S~50) Parties on¥ Came of Or~anL~.atic~ . ~ ~siness A~ress of ~ga~n - S~t ~ P. O ~x (DO not use ~ ad.ess of yobr g~bti~ ~nager) Sram ~p ~ Da~ime ph~e number e of ~f e~ve o~(~nnot ~ your ~mbO~ m~ager) ~ ~e n Day,me phone number ~mgo oc~io~ ~ ~ app~g [or a ~ A or C pe~L ~ m ~ ~d be~ A cn~g bo~ o~b~o occasion: ~o more ~ ~en bingo ~casio~ ~y be cbnducted by your or~a~io~ per week. Day Be~End~g Hou~ Day Be~End~g Ho~ Day Berg/End~g Ho~s __ tO, ,tO ,tO ~.tO tO .to Ifblngo w~l not be conducted, check here .~.of establishment where gag3.bling will be ~ducted . Sl~I Aclciress (do n~Luse a post office box number) ~s the premises Ic~ate~w~thm dry limits? ;E~Yes i"--1 No If no, is township I'"-I organized r--i unorganized I'--i unincorporated City and County w,l'tere gambling premisei~is located OR Township and County where g~mbling p~emises is lecated if outside of city limits t~me ancl~ac~dress of legaJ)owner of premises Ci Does your organization own the building ,~,,here the gambling will be ce~'~lucted? t'"'t YES ~ NO I! no, attach the following: · a Copy o! the lease (form LG202) wi~ terms for at least ooe year. · a ¢01~ of a sket:~ of the floor plan with dimensions, showing what portion is being leasecL A lease and sketch are not required fca- Crass D applications. Address City State Z~p code Minnesota Lawful Gambling Premise Permit AppLication - Part 2 of 2 Site ~o~on -I am the chief ex~e offi~r of ~e organ~a~n; 1 hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety, or agents of the cx3mmissioners, may enter the premises to enforce the law. :B~nl~ Records ?~f'or-matlor~ The board is authorized to inspect the bank records of the gambling account whenever necessary t~ fulfill requirements of current gambling rules and law. Oath I dectare that: '~' ' - · I have read this application and all information submitted to the board is true, accurate and complete; · all other required information has been fully disclosed; *1 assume full respens~ity for the fair and lawful opera- tion of all activities to be conducted; -I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules. including amendments to them; ,any .changes in application information wilt be submitted to the board and local unit of government within 10 days of the change; and *1 understand that failure to provide required information or providing false or m~leading information may result in the denial or revocation of the license. Signatu..~ of chief executive officer Date 1. The city 'must sign this application if the gambling prem- ises is iccated within city limits. 2. The county "AND township" must sign this application if the gambling premises is iccated within a township. 3. The local unit government (city or county) must pass a resolution specifically approving or denying this application. 4. A C09Y of the local unit of c~overnment'S resolution or~vin(~ this aoolication must be attached tO thi~ ~oolicatio~ 5. If this application is denied by the local unit of government, it should not be submitted to the Gambling Control Board. Township: By signature below, the township acknowledges that the organization is applying for a premises permit within township limits. City' or County" Township*' city o~ County Name Township Name Signature of person receiving application Signature of person receiving application Ti~e I Dat~ Received Tkte I Date Received Refer t~ the inst3-uctions for required attachments. Mail Gambling Control Eloard Rosewood Plaza ~outh, 3rd Floor 1711 W. County Road El Rosevltle, MN 55113 LG214(Part 2) (la. ev?/'2,k~ ~) /~nnesota Lav~fu! Garnb}ing Lease for Puli-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 Name of Legal Owner of Premises StreetAcldress !.~ &? )~ t~' ~I ~. Zip Daytime Phone Name of Lessor Strut Add~ I ~ ~p Ba~me Phone Na~e of L~s~ P~mises 8~t~d~ ~ Ba~ Phone Na~e of L~ (~m~ of o~anba~on leasing~ p~m~s) 60B li~n~ no. ~o~an~ation Da~ Phone , Rent Info~ation · Total rent cannot exceed $1,000 per month for alt non-bingo activity for this premises. · For bingo activity, use lease form LG222. · For pull-tab dispensing machines, use lease form LG223. Sketch and Dimensions of Leased Area An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid per month $ (If no rent is to be paid, indicate -O-) /¢¢0 - Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. Dimensions Tl~e leased areas are: ~ feet by / ~:) feet by feet by Storage feet by Storage feet by jFor premises Pemllt Renewal APPlications Only: if no . changes have been made atthe site, you do not have to complete this section :or prOVide a sketch.. ' feet for a total of feet for a total of feet for a total of feet for a total of feet for a total of square feet. square feet. square feet. square feet. square feet. Combined total square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. .'~ Paddlewheels ~ Pall-Tabs 'TZ--- Raffles ~¢"~Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board, unless terminated sooner by mutual consent of the lessor and lessee. If this is an amended lease showing changes occurring dur- ing the term of the current premises permit, write in the date that the changes will be effective__/__/__ Both parties that signed the lease must initial and date changes. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612) 639-4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request. Hearing impaired individuals using a 'FIY may call the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to (612) 639-4000. The information requested on this form will be used by the Gambling Control Board (Board) to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the Board except, if. required, your Social Secudty number, which remains private. Page 1 of 2 Rev. 8/97 Lease for Puli-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 LESSOR PROHIBITIONS I agents are found to be solely 4. The lessor shall not modify or Management of Gambling Prohibited The owner of the premises orthe lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessors immediate family, and any agents or gambling employees of the lessor w'll not participate as players in the conduct of lawful gambling on the premises. lllegal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 2. To the best of the lessees knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. Notwithstanding Minnesota Rules, part 7861.0050, subp. 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules, part 7861.0050, subpart 1, or Minnesota Statutes, section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. 4. The lessor shall not modify or terminate the lease in whole erin part because the organization reported to a state or local law enforcement au~odty orthe board the occurrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions 1. The lessorwill not impose restrictions on the organization with respect to providers (distributors) of gambling- related equipment and services or in the use of net profits for lawful purposes. The lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. 3. If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. terminate this lease in whole or in part due to the lessor's violation of the · provisions listed on this lease. Arbitration Process The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the CRG. ACCESS TO PERMITTED PREMISES State of Minnesota and Law Enforcement The board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. Organization The organization has access to the permitted premises dudng any time reasonable and when necessary for the conduct of lawful gambling on the premises. I LESSOR RECORDS MAINTAINED I The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and / This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull-tab dispensing devices. There is no other agreement and no other consideration required between the padies as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling Control Board ten days prior to the effective date of the change. Signatur~ ~f Lessor f - - Date I~i~t N~a~rr;e'and T'Cde e~'Lessor ' 'Signature of Organization Official (Le~ Print Name and 'F~Je et Lessee / Page 2 of 2 Rev. 8/97 :/ 'Columbia Heights V.F.W. Post 230 44,!,6 Central Avenue Northeast, Columbia Heights, MN 55421 · 788-8187 Thursday, July 02, 1998 2vl. r. Ken Steies K.J.'s Cafe & Sports Bar Columbia Heights Mall 4005 Central Ave. NE Columbia Heights, MN 55421 Mr. Steies, In regards to our conversation on June 30, 1998; we stated to you verbally that we were g/ving you 30 days notice; as required to break our charitable gambling lease agreement with you. (Copy of lease enclosed.) The $1,000.00 check dated July 1, 1998 that you received from us the other day was for our July rent. As stated during our meeting on June 30, 1998, we intend to continue having meat raffles and have our pull- tab booth open thru July 30, 1998. We will then remove our equipment on July 31, 1998. Regards, Gerald Wegscheid Commander · John Brodie Gambling Manager K,~,'s cale ~ s~ ~ar Columb{a I-I~, 5~42t Post#230 Th~s {s to ~ 3~ ~ we ~ould ~ to cancel ~ Lease fo~ opening the l~gal gambling a~ !<J.'S Cafe & ~ Bzr. KenStc[es AGENDA SECTION: NO. Consent ITEM: Premise Permit Application for NO. Immaculate Conception Church at sports Bar CITY COLrNCIL LETTER ORIGINATING DEPARTMENT POLICE BY: DATE: Thomas Jol'mson/M. Dugdale July 8, 1998 Meedng of: July 13, 1998, CITY MANAGER APPROVAL: BY: DATE: BACKGROUNI~. The City of Columbia Heights has been notified that the VFW Post ff230, ~?.46 Central Avenue N.E., is cameling · their lease for operating the legal gambling at KJ's Caf6 & Sports Bar, 4005 Central Avenue N.E., effective July 31, 1998. There has been a mutual agreement between the VFW Post #230 and KJ's Cafd & Sports Bar to break the lease. See letters attached. The Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a premise permit application to hold legal gambling activities at Kl's Caf6 & Sports Bar, 4005 Central Avenue N.E., Columbia Heights, when the lease agreement for legal gambling by the VFW Post expires on July 31, 1998. I.C.C. has submitted a copy of the floor plan and lease agreement with KJ's Caf6 and Sports Bar, along with Permit Application, and permit fee. ANALYSIS/CONCLUSION Since the organi?ation satisfies the City Council's resolutions regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premise permit for the Church of the Immaculate Conception in conjunction with activities at KI' s Caf6 & Sports Bar, 4005 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Attachments mid 98-233 CITY COUNCIL LETTER Meeting of: July 13, 1998 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER Recreation /~ NO: q PRgV Z ITEM: Request beer/Sullivan Park BY: Keith Winclschitl BY: NO: Recreation Directffr? /-~5,. Dr DATE: 6/25/98 Duane Running, Quartermaster of VFW Post #230, 4446 Central Ave. N.E., Columbia Heights, is requesting permission to serve 3.2 beer in Sullivan Park from 11:00 a.m. to 6:00 p.m. on Sunday, August 16, 1998 for a VFW event. This item has been approved by the Park and Recreation Contmission at their meeting of June 24, 1998. RECOMMENDED MOTION: Move to approve the request from Duane Running, Quartermaster of VFW Post #230, 4~.46 Central Ave. N.E., Columbia Heights, to serve 3.2 beer in Sullivan Park from 11:00 a.m. to 6:00 p.m. on Sunday, August 16, t998 for a VFW event. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 13, 1998 ORIGINATING DEPT.: CITY MANAGER No:AGENDA SECTION:r Consent Agenda '~ ~ Z~ Recreation APPROVAL ITEM: Request beer/Sullivan Park BY: Keith Windschitl//~Recreation Directot~ BY:~"/~~~/~ Carol Menken of Medtronic Neurological, 800 53~d Ave. N.E., Minneapolis, is requesting permission to serve 3.2 beer in Sullivan Park from 8:00 a.m. to 5:00 p.m. on Thursday, August 20, 1998 for a Medtronic picnic. This item has been approved by the Park and Recreation Commission at their meeting of June 24, 1998. RECOIvlMENDED MOTION: Move to approve the request from Carol Menken of Medtronic Neurological, 800 53rd Ave. N.E., Minneapolis, to serve 3.2 beer in Sullivan Park from 8:00 a.m. to 5:00 p.m. on Thursday, August 20, 1998 for a Medtronic picnic. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 13. 1998 AGENDA SECTION: CONS ENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: /4 Fire ITEM: License Revocation, Rental Properties NO: Z~, ~7. DATE: July6,1998 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. Michael Shaffer ............................... 3717 Polk Street 2. Anthony Wilczek .............................. 3935 Tyler Street 3. Susan Loewenthal .............................. 1206-08 Circle Terrace 4. Wilton Smith ................................. 4544 Madison Street RECOMMENDED MOTION: Move to Establish a Hearing Date of July 27, 1998 for Revocation or Suspension ora 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: July 13, 1998 AGENDA SECTION: CONS ENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: /4 Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt License Revocation, Rental Properties NO: /2L, ~" DATE: July 6, 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. Greg Heinen ................................. 1020 44th Avenue RECOMMENDED MOTION: Move to Establish a Hearing Date of August 10, 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: July 13, 1998 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: l.f Recreation~ APPROVAL ITEM: Replacement of Murzyn Hall Dishwasher BY: Keith Windschifl,/~ BY: f ,/f///7~'-Zf'~ NO: ~r /"/t DATE: June 30, 1998 BACKGROUND: The dishwasher at Murzyn Hall is approximately 25 years old and is in poor condition. The machine has broken down numerous times, and at this time the lower unit is leaking. Staff are unable to get parts to repair it anymore because the machine is obsolete. Considerable overtime wages have been spent on emergency repairs of the dishwasher. ANALYSIS: The Park and Recreation Commission was advised of this problem at their meeting of June 24, 1998. Members discussed the matter and recommended that a new dishwasher be purchased. Members felt it was not wise to purchase a used dishwasher because of potential problems with a used machine. The Recreation Director advised members that a new dishwasher without a booster heater would cost approximately $7,250. The Park and Recreation Commission discussed the purchase of this dishwasher is an emergency which should be funded out of the City antenna fund. RECOMMENDED MOTION: Move to authorize staff to seek bids to replace the current Murzyn Hall dishwasher with a new dishwasher at a cost not to exceed $7,250 installed which would be funded out of the City antenna fund. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/13/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK RFP FOR STORM BY: K. Hansen~;~ WATER UTILITY ,~, ~-' DATE: 7/9/98(~1d'~ DATE: Background: The City has employed the services of a consulting engineer to evaluate particular areas for surface water runoff and the existing storm sewer system's ability to handle them. Several improvements are recommended throughout the City to address/improve existing flooding conveyance problems. Financing the recommended improvements has been discussed and consists of bonding, grant monies and establishing a storm water utility. Grant funding has been applied for through the Minnesota DNR and we should know the results within 4-6 weeks. Analysis/Conclusions: A storm water utility is a method of financing the administration, planning, implementation, and maintenance of surface water programs. The utility can include capital improvements, street sweeping, leaf pickup, lake management, drainage system rehabilitation, and wetland protection. The utility is funded by a service charge or utility fee. A utility fee is typically charged against all developed parcels within a city. The fee is based on how much water runoffand/or pollutant load is contributed by a particular parcel. Where land is in a natural state, most rain soaks into the ground or is retained in small depressions. Where development has been prevalent, rooftops, driveways and parking lots prevent rainfall bom soaking into the ground. The rain runs off into streets, ditches, ponds and lakes, creating the need to address the quantity and protect the quality of our water resources. The cost of operating and maintaining surface water facilities is keeping pace with other increasing municipal costs. A utility provides the means to handle the increasing costs through moderate adjustments in the utility charges. This consistent, dependable revenue source provides a dedicated fund to manage the drainage system and capital improvements without increasing property taxes or using assessments. Recommended Motion: Move to authorize staff to seek request for proposals for consultant services for the establishment ora storm water utility for the City of Columbia Heights. KUjb 98-231 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/13/98 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO. ITEM: AUTHORIZATION FOR PUBLIC WORKS DIRECTOR BY: K. Hans BY: NO. TO ATTEND THE APWA CONGRESS IN LAS DATE: 7/7/9~/x-~/ DATE: Background: The Annual International American Public Works Association Congress and Exposition will be held September 14-17, 1998, in Las Vegas, Nevada. Analysis/Conclusions: The Congress provides numerous seminars on a number of topics relevant to Public Works, including management, economy and technical procedures. Additionally, the Congress is the single largest display of Public Works related services and equipment. The 1998 budget includes sufficient funds for the Public Works Director to attend this conference. The cost for the Congress is $365. The estimated travel and lodging cost is $1,300. Recommended Motion: Move to approve the attendance of the Public Works Director at the 1998 APWA Congress and Exposition in Las Vegas, Nevada, to be held September 14-17, 1998, and that all related expenses be reimbursed fi.om proper Public Works funds. KH~b 98-220 COUNCIL ACTION: 7:00 a.m. - 6:00 p.m. Registration 10:00 - 11:30 .a.m. Opening General Session The United States, Spaceship Earth, and the Struggle for a Cleaner Environment John G Stoessinger, Ph.D. 11:45 a.m. - 12:00 noon Exposition Grand Opening & Ribbon Cutting Ceremony 12:00 noon - 4:00 p.m. Exposition Open (11:45 a,m, - 2:00 p.m. Non-Compete Exhibit Time & Free Lunch) 12:30 - 1:30 p.m. Roundtable Discussion Groups on the Exhibit Floor 2:00 - 2:50 p.m. Education Sessions Fleet Management in the 21st Century Disaster Stress: The Trauma That Does Not Bleed (Repeated Tuesday at 2.'00 p.m,) Public Outreach and Promotion of Solid Waste Management Public Policy on Public Works: What's New? What's Coming? Enhsnc---m~=n~ Is Bad Listening a Problem? What You Should Know About Detecting and Preventing Antitrust Violations Developing Sewer Overflow Response Plans 2:00 - 3:50 p.m. Education Sessions The Art and Science of Traffic Management Corruption in Local Government -Your Problem, Your Solution Diversity: Moving From Awareness to Action Practical Applications for ADA Compliance Workshop (Repeated Wednesday at 2:00 p.m.) Effective Leadership Is Success Ts c I'~ molo Eg!=i Asset Management-Meeting the Needs of the 21st Century "Readiness 2000": Infrastructure Disaster Management 3:00 - 3:50 p.m. Education Sessions Beauty with Efficiency- Keeping Both the Gardens and the Coffers Green rtl ~ m a.m ~= m m m ~. Innovation & Trends in Infrastructure and Public/Private Partnerships moml=limn~-s Local Government 5urvivaI-Eeform? Amalgamate? Privatize? Racing With Alternative Fuels: The Public Works Focus Enhan=smsnb Modern Mentoring, A Tradition Transformed BusinEss Resolving Disputes Through Other Alternatives TechnoloB~ Building Partnerships With Your Information Technology Manager [mr"S m ~im. si Bmlut',imms Pedestrian Safety: "Walkable Communities" 4:00 - 6:00 p.m. Get Acquainted Party 7:00 a.m. - 5:00 p.m. Registration 8:00 - 9:15 a.m. General Session Managing 00-Is Your Computer Ready? Peter de Jager 9:30 - 11:00 a.m. Education Sessions Issues in Solid Waste Collection Efficiency Improved Multi-Use Greenways Through ISTEA Summerlin: A Public/Private Partnership Total Productive Maintenance (TPM) (Repeated Wednesday at 2:00 p.m.) Coml=lisnmE Indoor Air Quality- Comfort vs. Costs Ethics: Doing the Right Thing When You Don't Have To (Continues at 2:00 p.m.) Preparing Public Works Organizations for the 21st Century Manager Watch: The "Hot" Information Technologies Computerized Fleet Management Systems Paving the Way for Smooth Riding Dnllsrs & Sense The Steady-Flow Water System: Minimizing Costs for Water Supply in Rural Areas Debris Management in the Aftermath of a Disaster Handling Media Controversy 10:00 a.m. - 3:00 p.m. Exposition Open (11:00 a.m. - 2:00 p.m. Non-Compete Exhibit Time & Free Lunch) 11:30 a.m. - 1:00 p.m. Diversity Task Force Luncheon 11:30 a.m. - 1:00 p.m. CPWA Luncheon 12:30 - 1:30 p.m. Roundtable Discussion Groups on the Exhibit Floor Theory P, eal 1:00 - 2:30 p.m. President's Roundtable 2:00 - 2:50 p.m. Education Sessions A Pragmatic Approach to the Internet and Information Management Utility Deregulation-It's Coming Your Way From the Legal Front: ADA Update and Lessons Learned Disaster Stress: The Trauma that Does Not Bleed (Repea ted session) How to Translate Your Experiences into Articles for Peer Review BusinEss Tools Pick Up Your Stuff and Go Home! The Telecommuting Advantage What "Surfing the Net" Can Do For Public Agencies (Repeated Wednesday at 2:00 p.m.) E L m L TsohnoloBl:l Setting the Standard for Integrated Information Systems Capital Facilities Assessment-You Won't Know Unless You Look F'~r"s: h-,i o s I Bolu~ions Critical Infrastructure Protection: President's Commission Report 2:00 - 3:50 p.m. Education Sessions Pracl'.ices Outsourcing Is Not a Four-Letter Word Las Vegas' Integrated Approach to Pavement Management Ethics: Doing the Right Thing When You Don't Have To (Conclusion) Tsml-lnoloBB Create a Winning Hand with Trenchless Technologies F~sc~i=sI Boluf-.ions Cooperative Solutions in Solid Waste Management Innovations in Bridge Repair 3:00 - 3:50 p.m. Education Sessions One Call Systems: The Municipality's Dual Role Manager's Toolbox: Increasing Effectiveness Through Self- Assessment IReBUl~or-B C;om~liBmce FHWA Reauthorization of ISTEA Environmental Management Systems That Work BusinEss Tools Play Big: Leaders Who Make a Difference Technolom~ An Intro to the Internet and Web Searching Using Wireless Communication to Improve Business Oollsms & .mmnme Performance-A True Measure for Management Planning for Disaster Recovery ~:' ~ 8. Visit nearby Hoover Dam, a Modern Civil Engineering Wonder. 9. Earn CEU credits for increased performance capabilities. 10. Discuss current regulato~ trends. 11. Discover how agencies are dealing with the "Millennium Bug". 12. Come home with practical know-how for Streamlining the Building Process Evening Chapter Dinners 7:00 a.m. - 4:00 p.m. Registration 8:00- 10:00 a.m. General Session SimCity Makes Virtual Cities into Reality Patrick Buechner 10:00 a.m. - 2:00 p.m. Exposition Open Non-Compete Exhibit T~me 11:30 a.m. - 1:00 p.m. PWHS Luncheon 12:30 - 1:30 p.m. Roundtable Discussion Groups on the Exhibit Floor 2:00 - 2:50 p.m. Education Sessions Ell~s r~s l~io n al Recycling Today Clean Streets = Clean Cities = Clean Environment Sexual Harassment- Preventive Policies How to Build Effective Teams in Your Organization TE cl'~ n m lo E~I=I What "Surfing the Net" Can D° For Public Agencies (Repea~ed sess/on) i=r"s c~ ~im si Solutions Total Productive Maintenance (TPM) (Repea ted session) Damage Prevention I~ More than One Call-Expanding the Mission of OCCs 2:00 - 3:50 p.m. Education Sessions When It Rains, Where Does All the Water Go? Stormwater Phase il Will Tell Why Can'~ We Make Public Works ~edsions7 Restoration of Utility Cu~s Teamwork Counts in ~mergency Managemen~ ~Bc~JcBI S~lu~ions Mitigation: An Emerging Tool for Emergency Managemen~ P~a~ical Applications Compliance Workshop (Repeat~ s~ion) 3:00 - 3:50 p.m, Education Sessions BD~P~ionBI . C&D Waste: The Silent Majori~ Performance Measures of Public Buildings-How Does City Hail Compare to Corporate America? Emergency Management for Hazardous Materials and Natural Disasters Negotiation: The Art of Knowing What to Overlook (Repeated Thursday at 9:00 a.m.) How to Be a More Effective Leader Tools The Competitive Edge-May the Best Program Win GPS Vehicle Monitoring Systems [3c]11~ ms & Create a Vision! Master Transportation Plan Funding for Success Give Them a Break! Brake for Construction Safety in Highway Work Zones (Repeated Thursday at 11:00 a.m.) Finding and Fixing Critical Pipes 4:00 - 5:00 p.m. Awards & Recognition Ceremony m [. L ri L X .-~ ..0 111 13 7:00 a.m. - 1:00 p,m, Registration 8:00 a.m, - 12:00 p,m, Education Session Sma~ Streets: Intelligent Transpo~ation Systems (ITS) Workshop 8:30 - 10:30 a.m. APWA Business Meeting/Open Meeting with the Board of Directors 9:00 - 9:50 a.m. Education Sessions FHWA Traffic Calming Drug De~ection and Deterrence Think ~ike a ~eader~hip ~mm~lia~a Retrofitting a Closed Landfill to Current Regulato~ Compliance Enhancemen~ Communicating: Why Doesn't Anyone Ever Listen to Me? Negotiation: The A~ Knowing What to Overlook (Re~ated sessbn) BusinEss Tools From Pitch to Publication: Getting Media Coverage Trunk Sewers-Maintenance Now Prevents Problems Later Mechanic Pay Based on Flat Rate Standards , Reducing Workers' Compensation Liability 9:00 - 10:50 a.m. Education Sessions Pm~c~ic~l Solu~imn~ Urban ~oad ~epair ~:00 - 1 ~ :50 a.m. Education Sessions Bu~ime~ TooI~ The Challenges of Small Cities and Rural Communities Forum Debris Management Workshop 10:00 - 10:50 a.m. Education Sessions The Environmental Regulations Handbook for Local Government Funding Alternatives for Public Works Projects HITEC Delivers Solutions 10:00 - 11:50 a.m. Education Session Er3h~mcem.=mb Media Interview Savvy! How Savvy Are You? 11:00 - 11:50 a.m, Education Sessions E]I~Er~.iomBI Pr'Bc~.icmm Give Them a Break! Brake for Construction Safety in Highway Work Zones (Repeated session) manmsmmmnb Spotlight on the First Accredited Agencies The World's Second Oldest Profession-Public Works Director Electronic Commerce-High Tech Ways to Pay for Services 1:00 - 2:15 p.m. Closing General Session Serving the Public Interest Through Strong Infrastructure Ambassador A'~drew Young 6:00 - 9:00 p.m. Reception & Banquet CITY COUNCIL LETTER Meeting of: 7/13/98 AGENDA SECTION: CONSENT ~ ORIGINATING DEPARTMENT: CITY MANAGER WOR S ITEM: APPROVAL FOR RELINING OF CITY LINES - BY: K. Hansen~ BY: MCES SANITARY SEWER /-~'t /~o DATE: 7/9/98''a--'''~ DATE: Background: Staffhas been reporting to the Council over the last several meetings of the MCES work at 45th Ave. and 2 ½ St. and the potential impacts to the City. Two 15" City lines, one to the north and one to the east of this intersection were cleaned and televised to evaluate their condition. Analysis/Conclusions: As reported to the City Council at the June 22~d meeting, the 15" line to the north has excessive deterioration and will be relined by the MCES sub-contractor, Insituform. The video inspection reports for the two 15" lines to the east were reviewed by the Public Works Superintendent and Utility Foreman. As reported in the June 29~ weekly activity report, it is Public Work's recommendation to reline 668' of sanitary sewer to the east of this intersection also. Recommended Motion: Move to approve the relining of 338' of 15" sanitary sewer (north) at a cost of $24,000 and to reline 668' of sanitary sewer (east) at an estimated cost of $38,155 with funds to be appropriated from the Sanitary Sewer Construction Fund, 652-49499-5130. rH~b 98-221 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM:NO: AUTHORIZATION /-'/[ TO PUB LIC WORKS SIGN JOINT POWERS BY: K. Young ~ot¥ BY: AGREE1VfENT WITH THE CITY OF NEW DATE: 7/9/98 DATE: BRIGHTON ,Z~, Background: The Corporate Limit street of Stinson Blvd. from fairway drive to 325' north of Upland Crest will be seal coated as part of the 1998 project. Discussion: The attached Joint Powers Agreement provides for the work to be done under Columbia Heights contract and for New Brighton to reimburse Columbia Heights for their share of the work. New Brighton's estimated cost for the project is $2,362.00. This includes construction and engineering costs. Recommended Motion: Move to approve the Joint Powers Agreement with the City of New Brighton to repair, crack seal, and seat coat Stinson Boulevard, Fairway Drive to 325 feet north of North Upland Crest within the Cities of New Brighton and Columbia Heights. KY:jb 98-230 Attachment: JPA with City of New Brighton COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7fl3./clg ~i ~ _ AGENDA SECTION: CONSENT ~ ORIGINATING DEPARTMENT: CITY MANAGER AUTHORIZATION TO PREPARE A SIDEWALK BY: K. Young ~h~ BY REPAIR AND REPLACEMENT POLICY DATE: 7/9/98 DATE: ORDINANCE ,~7/, t/~ ~ Background: In 1985 the Engineering Department inspected the sidewalk located on public right-of-way or easement throughout the City. The Department determined which sections of sidewalk needed to be replaced, presented the information at a Public Improvement Hearing, and assessed the adjoining property owners for the repair. In 1992 the Engineering Department again inspected the sidewalk for an improvement project. The Council elected not to proceed with the improvements which required assessments to property owners and only proceeded with repairs to sidewalk on streets designated as State Aid, CSAH and TH. As requests have been received from property owners for public sidewalk repair work as part of the Miscellaneous Concrete Project, the City has been requiring property owners to pay for public sidewalk replacement adjacent to their property. The Department has received complaints from residents about sidewalk throughout the city that needs repair. These have not been done because the City Code does not allow for the City to replace a sidewalk and bill the property owner with unpaid bills becoming an assessment (similar to the weed and tree program). Discussion: The Engineering Department recommends the following to proceed with public sidewalk replacement on local streets. There are two issues: Funding and Selection of Repair Locations Funding · Amend the City Code to allow property owners to be assessed for public sidewalk repair Selection of Repair Locations · Inspect and repair or replace sidewalk as it is reported by the public or City employees RECOMMENDED MOTION: Move to authorize staff to prepare an ordinance for the repair and replacement of sidewalks located on public rights-of-way or easements throughout the City, and which addresses payment procedures for such work. KY:jb 98-228 Attachment: Sidewalk Selection Criteria COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PUBLIC SIDEWALK REPLACEMENT The City Engineer or delegated representative may inspect all sidewalk within the City located on public right-of-way or easement for the presence of "hazardous sidewalk" as defined below: The term "hazardous sidewalk" used in this Code shall include: a. Missing sidewalk b. Vertical displacement measuring 1" or more at cracks or joints on sidewalk c. Vertical displacement measuring 1" or more caused by heaving or settling of sidewalk d. Spalling measuring 1" or more in depth, or spalling on more than 50% of the surface area of a sidewalk panel e. Tertiary cracking on more than 50% of the surface area of a sidewalk panel f. Settlement causing water ponding on more than 50% of the surface area ora sidewalk panel CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: C 0N $ ENT ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: 4 Community Development ~ ITEM: Amendment to Administrative Offense BY: Dana Alexon BY: .,~~.~--~ Schedule -'~- /O' /-/-, /~] DATE: Julyl, t998 DATE: NO: On October 13, 1997, the City Council adopted Ordinance #1358, establishing Section 8 of the Columbia Heights Code entitled "Administrative Offenses." This ordinance established the administrative tag system for the city. The system allows a person tagged for certain offenses to receive an administrative tag and to pay this tag at City Hall. If the person receiving the tag fails to respond within seven (7) days, then the code violation would be processed through the Anoka County court system. On November 10, 1997, the City Council amended this ordinance to include a penalty for parking between the hours of 2:00 am and 6:00 am on city streets from November 1 to March 31. To date, this is the only offense for which the administrative tag has been used. The attached Resolution would further amend Ordinance # 1358 to include a penalty for violations of several provisions of the city code. Fire Department staff intent would be to use the tag as a final administrative solution for owner-occupied properties that fail to comply with exterior inspection violations. This would provide additional power to the Housing Maintenance Code for these properties. We will continue to use the Revocation process as the final administrative process for rental property owners who do not comply. Community Development staff intent for the Administrative Tag is also to provide a final administrative solution for the ordinances which they reference. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- 53, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-53 , Being a Resolution Regarding Amending Administrative Offense Penalty Schedule. COUNCIL ACTION: RESOLUTION NO. 98- 53 BEING A RESOLUTION REGARDING AMENDING ADMINISTRATIVE OFFENSE PENALTY SCIYEDULE WHEREAS, the Columbia Heights City Council adopted Ordinance No. 1358 on October 13, 1997, establishing Section 8 of the Columbia Heights Code entitled "Administrative Offenses," and, WHEREAS, Section 8 provides that penalties be imposed for violations of scheduled administrative offenses according to a schedule established, and amended from time to time by Resolution of the City Council, and, WHEREAS, it is the desire of the Columbia Heights City Council to amend said administrative offense penalty schedule, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the administrative offense penalty schedule is amended as follows: Offense Description Code Refusing to Comply with any provision of Chapter 5A 5A.611 of the Columbia Heights Code Contractors must be Licensed to Operate Failure to Abide by Provisions of the Zoning Code relating to Conditional Use Permits Failure to Abide by Provisions of the Zoning Code relating to Signs Failure to Abide by Provisions of the Zoning Code relating 9.117 to Performance Standards Penalty $100.00 5.607 $100.00 9.105 (5) $100.00 9.117A $100.00 $100.00 Passed this__ day of ., Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 7/13/98 AGENDA SECTION: CONSENTi ! ORIGINATING DEPARTMENT: CITY MANAGER NO:'-T' PUBLIC WORKS ITEM: APPROVAL OF RESOLUTION AND BY: K. Young~,/ BY:J~/~ AUTHORIZATION TO EXECUTE SUB-GRANT DATE: 7/9/98 DATE: AGREEMENT ~_/~ ~, Background: The attached resolution gives the City Manager authority to sign the necessary agreements and amendments with FEMA for reimbursement for work done during the storm events (May 15 and May 30) and subsequent clean-up. This is the same procedure that was followed for the July storms in t997. Discussion: It is not known at this time what the total reimbursement will be. It appears the City will be able to recoup 90% of the cost for tree removal on public property, force account equipment and overtime costs for the storm-related work. The FEMA reimbursement in1997 was $30,962.00 although the extent of the damage in 1998 was not as severe and we do not expect to approach this amount. Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 98- ~/~ and authorize execution of Sub-Grant Agreement for Federal Assistance under the Infrastructure Program. KU~b 98-229 COUNCIL ACTION: Resolution No. 98- AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM WHEREAS, the City of Columbia Heights suffered damages due to the storms from May 15 to May 30, 1998, and WHEREAS, the City would like to participate in the Federal Assistance under the Infrastructure Program as provided by the Federal Emergency Management Act, NOW THEREFORE BE IT RESOLVED THAT, the City of Columbia Heights enter into a Sub- grant Agreement with the Division of Emergency management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA, 1225 DR - MINNESOTA. BE IT FURTHER RESOLVED THAT Walter Fehst, City Manager, is hereby authorized to execute and sign such Sub-Grant Agreements and amendments as are necessary to implement the project on behalf of the City of Columbia Heights. Dated this 13th day of July, 1998. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 13th day of July, 1998, as disclosed by the records of said City in my possession. Seal Jo-Anne Student Deputy City Clerk CITY OF COLUMBIA frEIGHTS Meeting of: July 13, 1998 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER NO: q Community Development APPROVAL ITEM: Establishing Neighborhood f~, BY: Kenneth R. Anderson ~_~ BY Organizations ~ , DATE: July 8, 1998 BACKGROUND: The Minnesota Design Team has recommended the establishment of neighborhood organizations within the City of Columbia Heights. At the request of the City Manager, this item was on the July 7, 1998 Planning and Zoning Commission Agenda for purposes of recommending the proposed boundaries and potential functions of the neighborhood organizations. The Design Team had suggested that approximately 21 neighborhoods be established within the City of Columbia Heights. The neighborhoods were to encompass the entire City and include residential areas as well as commercial and industrial "neighborhood" areas. Attached please find the supporting documentation that was prepared for consideration by the Planning and Zoning Commission. ANALYSIS: The Planning and Zoning Commission has reviewed and considered the attached supporting documentation that discusses some of the history and facts related to neighborhood organizations. In addition to the District Framework that was suggested by the Minnesota Design Team, staff had presented a map prepared by the Public Works Department regarding the Street Maintenance Zones that were established for purposes of proposed street improvement projects. There are seven separate and distinct Street Maintenance Zones identified within the City that include both residential and commercial/industrial areas within each zone. There are potential advantages and disadvantages to having a network of neighborhood organizations. Some of the advantages include the following: 1. Organizational framework for discussing common issues, 2. Disseminating information between the neighborhood and the City, 3. Promote and implement efforts of Police Department community policing programs, 4. Present Public Works Department proposed improvement projects and capital improvements planning, 5. Identify Community Development Department proposed redevelopment efforts, housing projects, removal of blighted properties, etc., and 6. Planning for Recreation Department activities and programs. The disadvantages include: 1. The creation of a further decentralized network of varying levels of formality and organization which will place greater demands on the time and resources of City Staff, elected officials, and other government and civic organizations, 2. Create delays in planning and implementation efforts as a result of having another layer of "bureaucracy," and Council Letter on Neighborhood Organizations Page two Develop an organized forum for creating adversarial relations between the neighborhoods and the City (see July 17, 1994 memo). Experiences of the City of Fridley and City of St. Louis Park which have fairly well developed neighborhood organizations were also discussed. RECOMMENDATION: The Planning and Zoning Commission has recommended that the Community Development Department Staff fine tune the boundaries of the current neighborhood map prepared by the Minnesota Design Team with the intent to reduce the number oftotai neighborhood organizations. Also, approach the Minnesota Design Team Steering Committee which has established a Neighborhoods Subcommittee and coordinate a meeting with the Neighborhood Subcommittee and other people who had indicated a willingness to participate in neighborhood projects on the questionnaires completed at the seven Police Department sponsored picnics held this summer. RECOMMENDED MOTION: Move to approve the Planning and Zoning Commission recommendation to direct staffto: 1) 3) 4) Fine tune the proposed neighborhood map boundaries, Approach the Minnesota Design Team Steering Committee and/or Neighborhood Subcommittee to participate in this process, Coordinate a meeting(s) inviting both Committee members and all citizens expressing an interest in participating in neighborhood organizations, and Work with the Committee to prepare a recommendation(s) for future City Council consideration on establishing neighborhood organizations within the City of' Columbia Heights. Attachments COUNCIL ACTION: H:\Council\ltr7-13-98 Planning and Zoning Commission 'Page two to function as a fund raising group to generate interest and monies to pay for neighborhood sponsored activities, i.e. block parties, recreational projects, adopt-a-park program, and other miscellaneous activities. While there are numerous benefits there are also some direct and indirect costs that may be experienced. If there are a significant number of neighborhood organizations, it is possible these organizations will serve as another layer of formal and informal bureaucracy through which City staff'and elected officials will have to work. The greater the number of neighborhood organizations, the greater likelihood of time and resource demands placed upon City staff and other government and civic organizations. The following is a summary listing of several issues which need to be addressed: o Need to establish role of organizations a. Goals/mission Need to establish boundaries and names a. Citizen involvement Determine relationship with City organizational structure a. Two way communication b. Powers of neighborhood organizations c. Need to establish Neighborhood Commission d. Leadership structure Neighborhood meetings a. Locations b. Timing c. Participation (true representation) d. Formality How to motivate and maintain citizen involvement We are aware that other cities have been active in promoting and/or establishing neighborhood organizations. Minneapolis has certain neighborhood organizations such as the Phillips and Longfellow neighborhoods .which are very active in promoting joint community efforts. Other neighborhoods are not as active. The City of Fridley has also established neighborhood organizations. Staff will be making inquiries of the Fridley Community Development Department experience to determine the costs and benefits of establishing an ongoing neighborhood framework in Fridley. These comments will be conveyed to the Commission at the meeting of July 7m, 1998. In t994 and 1995, the previous City Manager had coordinated some work and research related to the formation of neighborhood groups. Please refer to the attached memorandum dated March 30, 1995 from the City Manager and the memorandum dated July 17, 1994 from Lee Mattson (intern) to Pat Hentges. The City Manager had proposed certain steps be taken to implement the program. These steps can serve as a guide to future actions necessary if the Commission wishes to pursue the creation of neighborhood groups. DATE: TO: FROM: JULY 1, 1998 PLANNING AND ZONING COMMISSION KENNETH R. ANDERSON, COM2MUNITY DEVELOPMENT DIRECTOR JOE HOLLMAN, PLANNER ESTABLISHING NEIGHBOP, ZIOOD ORGANIZATIONS. Background: As most of you know, the Minnesota Design Team had recommended the establishment of neighborhood organizations within the City of Columbia Heights. Furthermore, staff has been considering as an implementation action step the placement of signs within the public right-of- ways to illustrate the boundaries of the various neighborhoods. At the direction of the City Manager, we are requesting input from the Planning and Zoning Commission regarding the proposed boundaries and functions of the neighborhood organizations. Analysis: The Minnesota Design Team had recommended approximately 21 neighborhoods be established within the City of Columbia Heights. These neighborhoods are generally configured in areas that are approximately similar in size and centered on a community park within each respective geographic area. The District Framework also includes separate areas to serve as an organizational framework for businesses within the community and not just residential sectors. The District Framework includes different types such as neighborhoods, special districts, corridors, industrial, and mixed use districts. Please refer to the attached City map identifying the proposed neighborhood boundaries as submitted by the Minnesota Design Team and the description of the framework for the organizations. Please also find the flow chart titled "Columbia Heights Development Framework" which illustrates a suggested manner for seeking a collaborative, nontraditional approach to planning and zoning. There are several advantages and disadvantages to having active neighborhood organizations in place. The advantages include having an organizational framework in place to provide a forum for discussing common issues of concern within a neighborhood area. Also, the neighborhood organization can serve as a focal point for the dissemination of information to and from the members within each respective neighborhood. Neighborhood organizations can also foster implementation efforts of the Police Department with community policing programs (see attached listing); the Public Works Department regarding proposed public improvement projects including sidewalks, parks, street improvements, street lighting, beautification, etc.; and the Community Development Department regarding proposed redevelopment efforts, housing projects, removal of blighted properties or structures, etc. We also see an opportunity for community organizations Planning and Zoning Commission 'Page two to function as a fund raising group to generate interest and monies to pay for neighborhood sponsored activities, i.e. block parties, recreational projects, adopt-a-park program, and other miscellaneous activities. While there are numerous benefits there are also some direct and indirect costs that may be experienced. If there are a significant number of neighborhood organizations, it is possible these organizations will serve as another layer of formal and informal bureaucracy through which City staff and elected officials will have to work. The greater the number of neighborhood organizations, the greater likelihood of time and resource demands placed upon City staffand other government and civic organizations. The following is a summary listing of several issues which need to be addressed: Need to establish role of organizations a. Goals/mission Need to establish boundaries and names a. Citizen involvement Determine relationship with City organizational structure a. Two way communication b. Powers of neighborhood organizations c. Need to establish Neighborhood Commission d. Leadership structure Neighborhood meetings a. Locations b. Timing c. Participation (true representation) d. Formality How to motivate and maintain citizen involvement We are aware that other cities have been active in promoting and/or establishing neighborhood organizations. Minneapolis has certain neighborhood organizations such as the Phillips and Longfellow neighborhoods which are very active in promoting joint community efforts. Other neighborhoods are not as active. The City of Fridley has also established neighborhood organizations. Staff wilt be making inquiries of the Fridley Community Development Department experience to determine the costs and benefits of establishing an ongoing neighborhood framework in Fridley. These comments will be conveyed to the Commission at the meeting of July 7th, 1998. In 1994 and 1995, the previous City Manager had coordinated some work and research related to the formation of neighborhood groups. Please refer to the attached memorandum dated March 30, 1995 fi-om the City Manager and the memorandum dated July 17, 1994 from Lee Mattson (intern) to Pat Hentges. The City Manager had proposed certain steps be taken to implement the program. These steps can serve as a guide to future actions necessary if the Commission wishes to pursue the creation of neighborhood groups. Planning and Zoning Commission Page three RECOMMENDATION: Based upon preliminary discussions with Division Heads in the Police and Public Works Departments, it is our recommendation that there are some merits to establishing a neighborhood organization or framework within the City of Columbia Heights. However, we caution against establishing a large number of neighborhood organizations in order to improve our ability to service the organizations. Additionally, there should be a clear definition of the roles and responsibilities of the neighborhood organizations and the City in servicing and/or funding those organizations. Staff is recommending that the public be involved in identifying and naming the neighborhoods. Perhaps a forum should be established for allowing public input into the ultimate number and location of the neighborhood organizations. The upcoming residential issues meeting for the Comprehensive Plan update may provide a good opportunity to seek whether there is sufficient citizen interest in establishing neighborhood organizations. If there is a sufficient interest, a process can be formalized and used to generate enthusiasm for naming the neighborhood organizations once the boundaries have been established by including input from the affected citizens. We encourage Commission discussion of the merits of this proposal, identify further information requirements, if any, and submit a recommendation for City Council consideration. Attachments C~ Tom Johnson, Police Chief Kevin Hansen, Public Works Director file h:kneighborhood.s S=..L 0 N A few of the Columbia Heights 'Community Police Programs: MCGRUFF HOUSE PROGRAM FAMILY GROUP DIVERSION PROGRAM GREAT PROGRAM DARE PROGRAM DARE PARENT PROGRAM COMMUNITY PICNICS COMMUNITY TRAFFIC MONITOR PROGRAM C .A.T. PROGRAM LANDLORD O R GAN IZATI O N/M Eh.--FI N G S CRIME FREE MULTI-HOUSING PROGRAM NEIGHBORHOOD WATCH CONTINUITY/GROWTH COMMUNITY POLICE PROBLEM ORIENTED BICYCLE PATROLS POLICING CURFEW INIATIVES, SAFETY NET PROGRAM CREATIVE STAFFING, SCHEDULING POLICE SCHOOL LIAISON PROGRAM SUMMER BICYCLE SAF~ PATROL TOBACCO COMPLIANCE PROGRAM RENTAL PROPERTY CONDUCT PROGRAM NATIONAL NIGHT OUT ORGANIZATION crrY OF COLUMBIA FIIE~IGHTS TO: FROM: DATE: R_E: MAYOR AND CITY COUNCIL PAT I-I~-NTGES, CITY MANAGER MARCH 30, 1995 NEIGHBORHOOD PLA.NNING ORGANIZATIONS The City staff continues to work towards implementing a city-wide neighborhood planning program. The following is a status on the various aspects of the program. Current Neizhborhood Efforts Two small neighborhood organizations continue to meet regularly. City staff has attended various meetings of the Huset Park Group and the Sheffield/SHINE organization, and has assisted both groups in the preparation and the distribution of notices. The Police Department, through their COP program, has also worked with both of these groups, and also is in the process of assisting a Mathalre/'Innsbrook area group. Neizhhorhood Or2anizinz Suavort It' thc smaller neighborhood groups are interested in organizing, the City continues to offer the supplies and copying necessary to do newsletters and mailings. There is some funding available for initial mailings, but after approximately four. the groups will have to do some door to door distribution. The neighborhood groups are expected to provide labor associated with copying, folding, and placing the address labels on the flyers/newsletters. In the event the number of neighborhood organizations or groups expand dramatically, the City Council will have to evaluate the Crime Watch and volunteer budget to determine if there is adequate funding to provide the support. Also, the City Council may ,;,'ant to address the content of the information so that it does not become a mechanism for a campaign effort or vehicle to address issues that are not of a neighborhood nature. Neighborhood Orzanizine Packet City staff has prepared an outline for an "neighborhood organizing packet". The packet would explain the program, the City's involvement, level of City staff support, and general organizing bylaws. Neizhborhood Sizns Many ciues develop a network of signs that identify various neighborhoods throughout the community. From my perspective, this serves to support two concepts. First. it creates a geographic identity and pride in the neighborhood that they live in. Second. it serves to limit the number of neighborhood organizations that the City can support. For exa.mple, if the boundaries for the groups become too small, then we are dealing with too many organizations of a special interest nature. If on the other hand, the areas are too big, then the identity of the neighborhood is lost. The Public Works Department already has a prototype for the neighborhood signs using the SHIiNE organization as an example, tt would be my recommendation rnmt the Planning and Zoning Commission finalize the names and the boundaries of the smaller neighborhoods, and the City Council direct the budgeting and the installation of signs throughout the City. City-Wide Neighborhood P!annin~ Committee Councitmember Ruettimann has been a proponent of developing a city-wide neighborhood planning committee that would study, recommend, and promote the development of lands, capital improvements, and implementation of the city's comprehensive plan. I suggest that the make-up of the committee could be established in part based upon the seven zones that are proposed for the street rehabilitation program. This seems natural, as many of the issues that this committee may deal with will also be capital improvements that sometimes are done in concert with street rehabilitation. Thus. each one of those zones may be made up of smaller neighborhood organizations such as SHINE or Huset. The Zone Representative would keep in communications with smaller neighborhood organizations that are '~ithin his or her zone, I also suggest that the committee include either a City Council member or at-large citizen representative and a Planning Commission representative. Pure'se of the Committee The purpose of the neighborhood planning network would l~e as follow~': Review a~d maintain a current capital improvement plan for the City Oversee and promote the implementation of the comprehensive plan Maintain direct communication with the smaller neighborhood organizations that may make up the zones Meet annually with the City Council to discuss the City Council's vision and strategic plan for the City. Implementation of Neighborhood Planning Program In the event the City Council is interested in developing a planning program as described above, I would recommend that the following steps be taken: - City Council should conduct a planning retreat of the Staff and Council to establish a priority and strategy to adclress issues affecting the City and the City's organization (a strategic plan). The City Council adopt an ordinance establishing the neighborhood planning committee consisting of nine members including the seven zone representatives, one at-large representative, and one Planning/Zoning Commission representative. The City Council should introduce their strategic plan at a town meeting and to the newly formulatecl neighborhood planning comrmttee. The City Council should direct the assembly and dissemination of the neighborhood organizing packet that will assist the organization of smaller neighborhood groups as may develop with/n each of the City's seven zones. The City Council should direct the Planning and Zoning Commission to develop a plan for designation of neighborhood boundaries and signage installation for the same. If you have any additional quesuons or comments. I request we discuss them prior to the April 18th work session. I have scheduled [hat meeting for further discussion of this concept. Thank you. To: Pat Hentges From: Lee ~attson Date: July, 17,1994 Re: Neigb_borhood Organizations Proposal Dear Pat: Working with Carol Frey I have completed the report on possible options for neigb_borhood and community development and capital improvements. Carol has evaluated the results and approved the report. I have made all of the changes that we discussed during our meeting this morning. I now submit this report for you to deliver to the City Council at the work session on July, 18, 1994. Sincerely, Lee A. Mattson NEIGHBORHOOD ORGANIZATIONS Prepared for the City Council on July 14, 1994 I. Problem. 1. Achieving the goals set forth in the Long Range Comprehensive Plan. 2. Lack of citizen involvement in neighborhood improvement and other capital improvement programs. This is fostered in part by a lack of trust between citizens and goverrnuent and the apathy toward government created by the lack of trust. II. Goals. 1. Form an advisory organization that can help to facilitate long-term planning of improvements for Columbia Heights. These improvements fall into five specific categories. 1. Neighborhood improvements. 2. Capital improvements. 3. Maintenance. 4. Implementation of the Comprehensive Plan. 5. Implementation of Volunteer Social Service Programs. 2. Promote improved lines of communication between neighborhoods and government. This will help in the creation of programs to improve conditions in individual neighborhoods and raise the quality of life for residents of Columbia Heights. II!. Background. Studies of previous city improvement schemes have shown that the most essential component of these programs is citizen involvement. This is in part achieved through looking at improvements from more than just a technical perspective. The goals and values of the individual citizens must be addressed for a project such as this to work. IV. Objectives. -Option One - Capital Long-Range in~provements Committee. The City shall appoint a committee ranging in size from seven to eleven members who shall act in an advisory capacity to the City Council when matters of capital improvements are discussed. The City would be divided into neighborhoods and each neighborhood would have one resident appointed to the committee. This committee would spend several months each year studying the problems in Columbia HeiGhts and draft a report making recommendations to the Council as to what projects ought to be undertaken in the coming year. The shall also consider lonG-term improvement schemes and consult with the Council as to the best way to achieve their Goals. This thqpe of approach to capital improvements is currently in use in several local cities. Minneapolis has a Capital LonG-RanGe Improvement Committee (CLIC) with which they are very pleased, as does Maple Grove. Under this type of approach the cor~Littees undertake a study of a particular branch of the city, i.e. parks, during each month of the year. They study eight or nine different areas with the last three months of the year reserved for writing their recommendations to the city. The second phase of this option would involve committee members receiving training in communication techniques and organizational skills. They shall then be responsible to mobilize their individual neighborhoods and form lines of communication to Gain input on methods of dealing with local problems. -AdvantaGes of a Capital LonG-ranGe Improvements Committee. - Quicker and perhaps easier to implement as the city plays a leading role. No need to wait for neiGkborhoods to organize themselves before beGinninG capital improvements. - Has been very popular in local cities which have implemented it. - Closer ties to city allow for easier monitoring and liaison between city and neiGb_borhoods. - Guarantees that neiGb-borhood associations would be formed in all parts of the city. -DisadvantaGes of a Capital LonG-RanGe Improvements Committee. - Does not always achieve concrete results. Minneapolis citizens like their program but the Greatest problem identified in polls in the lack of concrete results. The Greatest advantage cited by residents is the citizen input to the Government which is facilitated by the committee. This problem will apply to the improvement committee under either option. - Appointments do not make committee members accountable to the public and may decrease public participation as people would not feel a part of the process. This could be partially alleviated by requiring appointees to seek neighborhood input through methods such as neighborhood meetings, block captains, or surveys. May cause neighborhoods to look to the city for guidance and funding instead of pursuing state and federal money to fund their local projects. -Option Two - Neighborhood Associations. The City shall be divided into approximately eleven neighborhoods which shall then be encouraged and aided in forming neighborhood associations. These associations shall be responsible for local improvements and the creation of local programs such as beautification or support services for the elderly. Once these committees are in place each neighborhood shall elect one resident, probably the association president, to represent that neighborhood on a committee which shall act as an advisory committee dealing with capital improvements and maintenance for the entire city. -Advantages of Neighborhood Associations. - Creation of local apparatus first fosters citizen participation and may lead to a greater sense of empowerment which translates into more citizen participation. - Makes all members of the committee accountable to the constituency which they represent. Also will have more people participating over time as association bylaws generally place term limits on consecutive terms by any member in a specific capacity. - More creative fundraising as neighborhoods will not be inclined to look to the city as much as in Option One where the city is taking the lead in organization. - Less bureaucracy to work through due to weaker ties to the city. This makes local action easier as there are fewer impediments. -Disadvantages of Neighborhood Associations. - Weak ties to city place the associations outside the influence of the city. This should not be a significant problem with the associations acting in an advisory capacity only. - Probably more adversarial in nature than Option One. Both Options will involve adversarial relations. Studies have found that almost all urban improvement planning places government and citizens in adversarial roles. - !raptementation of capital improvements planning will take much longer as all neighborhoods will have to contain organized and established associations before they can send representatives to a central improvements committee. V. Staffing. Either option is going to require an investment of time from many different departments throughout the city. Under the Capital Long-Range Improvements Committee option the City Council will have to screen applicants. Under the Neigkborhood Associations option the Volunteer Coordinator or will have to work to recruit and screen individuals to work in and lead the neigkborhood organizations. Other staff members are going to be required to provide liaison between the city and the various organizations. Staff work will also be required to help train each appointee or volunteer and to assist in the growth and development of either program. Staff will also have to work as mediators to help work through personality conflicts which may arise in either option. Members of various departments will also be periodically required to attend neighborhood meetings when issues being discussed fall within their area of expertise. For example, when discussing a potential plan to request a change in traffic movement by adding a four way stop sign a police officer and also members of other concerned departments would have to be in attendance at that meeting. All or these duties will involve flexible scheduling and may require staffers to periodically work at unusual hours. The city must cater to the needs and schedules of the citizens VI. Implementation. -Option One - Capital Long-Range Improvements Committee. The City Council shall define the role of the committee and set up its responsibilities through all normal means. The City Council shall instruct the Planning and Zoning Commission to divide the city into as many districts as there are seats on the committee. The City Council shall then advertise the committee to the public through all necessary means. Following the receipt of applications the City Council shall construct a screening process for applicants, interview candidates, and provide training for the appointees. Each individual committee member shall then be responsible for mobilizing their own neigkborhoodand forming networks of communication. Applicants shall be informed of this responsibility during the screening process. -Option Two - Neighborhood Associations. The Volunteer Coordinator and the Planning and Zoning Commission shall divide the city into neighborhoods. The Volunteer Coordinator and all other appropriate departments shall assist neighborhoods in forming their own associations. Each association shall select one representative to sit on the citywide neighborhood ir~provement committee. Each representative will be assisted by whatever support structure the individual neighborhood association deems appropriate. The City shall define the role of the improvement committee and provide them with all assistance necessary as is discussed under staffing requirements. MAPLE GROVE CITY COUNCIL AND ADVISORY COMMITTEES Mayor and Council Our community is a legally established City under the laws of Minnesota. It is governed by a Mayor who serves a four-year term and four Councilmembers who also serve four-year terms. City elections coincide with the general elections held in the fail of ali even numbered years. Councilmembers serve at-large, there are no wards. Since Maple Grove became a City in 1973, the City has elected only two Mayors. The City's first Mayor was Richard Reimer and the current Mayor is James Dearie. The four members and the Mayor are responsible for approving operating and capital improvement budgets, employing City workers, establishing City regulations and ordinances, maintaining public facilities, and planning the City's future. Council meetings are typically held the first and third Mondays of each month at 7:30 p.m. in the City Hall Council Chambers, 9401 Fernbrook Lane. The Public is welcome to attend. In order to achieve the City Council's goals, several advisory groups and one operating body, the Parks and Recreation Board, have been established. The Chief of Staff for the City Council is the City Administrator. Maple Grove Arbor Committee The Arbor Committee is advisory to the City Council and was developed to enhance the environment of the City by promoting preservation of existing forest areas and planning for future tree growth. The Committee consists of eleven citizens who hold positions for three-year terms. They sponsor an annual Arbor Day celebration with a seedling sale, and coordinate the tree sponsorship program for the Elm Creek Arboretum, located in Elm Creek Special Use Park. They initiated two City-wide forestry, surveys and are now trying to impact future preservation. They also initiated a study for a tree plan on key City roadways. Committee staff support is provided by staff from the Parks and Recreation Board. Maple Grove Citizen's Long-Range Improvement Committee Known by its acronym CLIC, this is the largest of the City's advisory boards with a membership of up to thirty persons, each serving two-year terms. The Committee was originally formed to study high cost capital improvements and later became involved in municipal bond issues. Presently, its main task is annual preparation of the City's overall Capital Improvement Program, work that requires about half of the member's donated time. The Committee also serves as the "eyes and ears" of the City Council reporting on problems and making recommendations for improvements. Staff support is provided by the Department of Administration. ~'hIC mmmIm'-~'End W~dnesday ~f '~ch wmnth at -Y:~13 !~-m. - .be emm.l:di~d t;o ~ ~.~ ~ a~isory M to the City Co~mc/t ~r ~r: t ,~fre~ement pr~}ec Ther~ shal/bores&er be an Advisoz-y Committee made up of citizens of the City of Maple Grove, which committee shall be 'known as f~O "Citizen Long-i:~nge Iznprove=aent Cormmiriee". 2. To institute the said Committee, the Council shall appoint no less than fifteen ilS) and no more than twenty-five (25) adult members to serve on the "C/tizen Long--Rang~ Improvennent Committee,'. AH appointments to said Cornmit~e shAH be made by majori~'y vote of the City Ce**cil. The ComaciI in making the said appoint- ments shall take into consideration the meed for representation on said Commi/~ee of the various geographical secments of the community. When vacancies occur, the Council should attem~ to fill the vacancy wi.th a member from the same geographical . area as the meatier who vacated the position. The Council shah appoint me:nlm;rs of the Committee for t~vowe~r terms with twelve (12) members to commence their t~vo-year term on $Jae 1st day of January 1976, and thLr~en ('13) members to commence the ir term on the 1st day of Januih-y I~77. For the interim po. tied f. rmn the da~ of the passage of this Resolution until the 1st day of January; 1~76, a J/ members appoin~d by the Counc/l shall serve t~rrns that will expire January 1, 1575. - 3. The Cor[xmittee shall hold meetings at a prescribed place on tho second Wednesday of each month at 4. Thc Commit*ce sh=ii lunction as a soi/-con:ainzd xmii uud elect its own chairman, vice-eh:tirman, secretary and other needed officers, flukes, regulations and guidelines with respect to the ~.uvet-nin~; of fi~e Comr~ittce shall be c-~':ablished by nmjori:y rule within the Committ~:e itseLt'. (' [' cases shall be maci~ in writing =nd shall be made directly t~ the C~ty In addition to the a/orementio~ed men-,ber~ of'She Co'-~--~llee, there shall be 5vo (2) ex-officio members, neither, of whom ,~! have . · voting power within the L'ommi~. The taro ~d a d~i~/rom ~ Ci~y ~/~..~_, andse~ndedbyCouncilmau ~.~ , and upon a yom bein: ~d t~ followin~ void a~s~: ~ ~d ~e followin~ we~ absent: . ~~ W~UPON, ~e ~solu~ion was ~c~d duly ~ssed and ado~d. bi'ATE OF MINiTE$OTA ) COUNTY OF HENNEP1-N )ss. CITY OF MAPLE GROVE) X, the und. ersi~nad, being the duly qualified and acting Clerk of the City G~ove, He~epin County, Minnesota, hereby c~rtify thai; the above nad £ore§oin§ t~solutior is a t~:o ~nd cor~-ect copy of the F~osolution as adopt, od by the City of Maple Grove on ~e MAPLE GROVE CITIZENS LONG RANGE IMPROVEMENT COMMITTEE GUIDELINES o Recommend that members get involved in other community activities that could involve this Committee and report back to the Committee being assured of time at the meeting. Committee meets the second Wednesday of the month, 12 months out of the year. Recommend attendance requirement for reappointment - such as 9 out of 12 meetings. (Can be flexible) Election of officers to be held in April. Recommendations from this Committee to the Council state how many people were in attendance for the vote and how many people voted for or against a motion. A quorum consists of 1 member over 50% of the membership appointed to the body and that to pass a motion, 1 over 50% of those present are necessary. A member displaying his/her belief on amotion should make an effort to represent the feelings of his/her neighborhood. No standing committees and use special committees only as necessary. At the December meeting, a synopsis of the past year be made which would serve as both an evaluation of the past performance of the group and give future specific goals. Any new applicant for the Committee should be given the Guidelines of the Committee so he/she knows something about the Committee before accepting appointment. After appointment has been approved by Council and along with the letter from Council on his/her appointment, a synopsis of the past year should also be sent. 02/.12/75 12/12/84 05/13/87 09/13/89 CITY OF MAPLE GROVE APPLICATION FOR APPOINTMENT TO CITY BOARD OR COMMISSION BOARD OR COMMISSION PREFERENCE: Name Arbor Committee __ Citizens' Long Range Improvement Committee (CLIC) __ Economic Development Commission 0EDC) __ Lake Quality Commission Parks & Recreation Board __ Planning Commission Transit Commission __ Other - Please Specify Date Address Resident of Maple Grove (,yrs.) Name of Employer. Phone (Home) Occupation Phone (Work) Education: (Please indicate highest grade completed or highest degree and major course of study) Civic and Other Activities: (Please list past and present civic activities and organizational memberships, particularly those which may be relevant to the appointment you are see 'king). Comments: (Please briefly describe other qualifications, experience and other information which you would like the City Council to consider or which you believe are particularly relevant to the appointment you are seeking. Use additional pages as necessary.) Remm to: Telephone: Administration Dept. City of Maple Grove P.O. Box 1180 Maple Grove, MN 55311 420-4000 This application will be retained for one year from date of receipt. Date Received (For Office Use Only) 'amzln City of St. Louis Park.. linncsota ...... · -'~-- .- ..- · . J~INE 1990 ! ! [ 2 3 4 5 ' 6 ~'7 8 9 Shelard Park ~Kilmer Crestview -=Westwood Hills Cedar Manor North Side PennsylvaniaPark ,~=Eliot ~Blackstone ~0 ~ Cedarhurst · ~1 Eliot View NEIGHBORHOOD NAMES ~12 Cobblecrest 13 Minnehaha ,14 .Amhurst 15 Aquila 16 Oakhill 17 Texa Tonka 18 Bronx Park 19 Lenox 20 Sorensen 21 Birchwood 22 Lake Forest 23 24 25 26 27 28 29 30 32 33 34 Fern Hill Triangle Wolf Park " Minikahda Oaks Minikahda Vista Browndale Brookside Brooklawn Elmwood Meadowbrook South Oak Hill .Westdale About This Manual Most people wish they could change something in their neighborhood. Some people want more stop signs or parks, while others want run- down houses fixed up or the crime rate reduced. Many just want to get to know their neighbors better and create a stronger sense of community. The best way to make these changes is for you and your neighbors to form a neighborhood organization. Although organizing your neighborhood may seem like a big job, it can also be exciting as you and your neighbors begin working together to address common problems. This manual is intended to help you get started. As you be~n organizing your neighborhood, remember: · Building an organization is a process. It can't be done overnight, so be patient. Identify priorities and move toward them step by step. · Set realistic goals. Start small and build up to more ambitious goals as your organization grows. · Adapt the ideas and strategies outlined in this manual to the specific needs and circumstances of your neighborhood and organization. · Have fun! This guidebook was written by the members of the St. Louis Park Neighborhood Revitalization Commi~ion. Because it will be updated periodically, we need your suggestions and criticisms. Please tell us about your org~nlz~ng experiences: What worked for you and what didn't? If you find errors in the manual, let us know. Please tell us what new information you would like included in an updated version. You can mail or phone your comments to: Ed Stych, Neighborhood Revitalization Commi~ion 4054 Quentin Ave. S. St. Louis Park, MN 55416 925-0162 Judie Erickson, Community Development Department St. Louis Park City Hall 5005 Minnetonka Boulevard St. Louis Park, MN 55416 924-2574 Published November 1992 Table of Contents Topics Section How To Begin Attracting Members Representing Members Involving Young People Organizational Structure Bylaws Agendas Running An Effective Meeting Legal Matters ACCounting Publishing A Newsletter Publicity Community Research Sur~eys Neighborhood Self-Help Projects Addressing Neighborhood Issues · Raising Money Neighborhood Revitalization Commission Local Government History of St. Louis Park St. Louis Park Programs Resources Bibliography 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 How to Begin Planning Your First Meetings Figuring out where to begin is probably the most difficult step in forming a neighborhood group. In many cases, it's a small number of neighbors who decide to organize the neighborhood. Sometimes it's just one person. In any case, the challenge is to get as many neighbors as possible interested in forming a group so it can begin growing and addressing neighborhood issues. Start slowly. You don't have to be~n with a big project to get attention. In fact, you may never sponsor a big project. Some neighborhood groups form simply as a vehicle for neighbors to get to know one other better and be better prepared to help each other in emergencies. Neighborhood meetings are essential to the formation of all neighborhood groups. You have to be ready for everything at your first meeting. It may be a large meeting with lots of discussion and more ideas than you expected. Or, it could be a very small meeting; sparse attendance is common for organi?ations just getting started. If this happens to your group, be positive and enlist the energies of the people who do show up. Keep reaching out to other neighbors to get them involved. 1-1 Here are some steps you should consider as you plan your meetings and your neighborhood group be~n.q to come together. The first thing to do is meet with the neighbors who want to form a neighborhood group. Create a core group that will serve as the temporary steering committee until officers are elected which probably won't occur for a few weeks or months. The core group, which could be as small as one person, handles arranging and advertising the first few meetings. Often the core group is made up of all the people who have decided to form a neighborhood group. Arrange to meet in a room at a church, synagogue, school, community center, union hall or lodge in your neighborhood. A meeting room should have enough space for those attending to sit comfortably. Meetings should be held in a place considered safe and neutral, not on any one group's tuff. Prepare a colorful flier listing the time, place, date, purpose and agenda of each meeting. Get fliers made at a local copy center which may donate the printing especially if given free advertising on the flier. Using An Agenda suggesting solutions for problems that are identified? Meet/ngs without clear goals are dull and confusing, and can turn members off. Decide how long the meeting will last, write it on the agenda, and stick to that schedule. People will be annoyed if the meeting goes too long. Generally, neighborhood meetings shouldn't last more than 90 minutes, but the shorter the better. Committee meetings may go longer depending on how much work needs to be done. Prepare an agenda and send it to anyone you want to attend the meeting so they can come prepared. An agenda that highlights specific topics can be used to bring new people into the group. When preparing your first agenda, keep in mind that you're laying the foundation for your organiT-~tion. You'll want to come out of the meeting with some sign of progress. Here are some sample agenda items for your first meeting: 1. Make introductions. Introduce the core group, city officials and anyone who will speak to the group. One person should describe why the meeting was called. 2. Discuss issues. You may want to give everyone attending a chance to talk about neighborhood issues, the problems thefre having, services they want and solutions they see. It's important to keep control of the meeting and not let people ramble or discuss problems outside your neighborhood. Make a list of all issues, problems, ideas and concerns that are mentioned. It's best to make the list on a blackboard so everyone can see it. Also list issues on paper so the group has a record. At a future meeting, you can prioritize the issues, decide on possible solutions and begin forming committees to carry out those solutions. 3. Determine structure. Agree on the name of your neighborhood. The Neighborhood Revitalization Commission has named each neighborhood, but each neighborhood has the final say on what they'll be called. You should also ask the group to approve the continuation of the core group members, as well as anyone else who joins the by the City. Call the Community Development Department at 924-2575. Have coffee and other refreshments available. A local merchant may be willing to make a donation. Or, ask members to take turns bringing snacks. Be sure to allow time for socializing before and after the meeting. This gives people a chance to informally share information and ideas, and relate to each other as neighbors. A member of the core group should chair the first few meetings and another core group member should keep notes. This may change after elections. Try to end each meeting with some concrete action. Have a list of actions to take; try to involve as many members as possible to do them. If the group is comfortable using Robert's Rules of Order, use it. Condensed revisions can be found at most libraries. If the group isn't comfortable using Robert's Rules of Order, a special effort should be made to keep meetings orderly and democratic. Allow plenty of debate on important issues, but don't be afraid to set time Besides regular neighborhood business, consider other activities for your meeting. This could include inviting guest speakers, taking a neighborhood tour, or having a potluck. 1-5 Addressing Neighborhood Issues Assess Problems Gather Facts Set Goals Neighborhood issues are often complex and require careful thought and planning. What follows is a sample of the steps to take in making a specific neighborhood improvement. Although the example is about providing children a safe place to play, the same steps can be followed for a wide array of neighborhood issues. If your group decides to collect information on several issues, and then sets goals for each, you have the beginning of a neighborhood action plan. 1. The first step is to be get agreement on the issue. Group members need to agree on the problem and discuss how it's affecting the neighborhood before rushing into specific solutions. If you work on solutions first, group members may try to solve different problems. If, for example, a neighborhood group is worried that children don't have a safe place to play some group members may decide that the problem is a lack of playgrounds while others may believe the problem is a lack of a community center. The real problem is that children don't have a safe place to play. 2. You need to gather facts about your neighborhood in order to convince governmental agencies, private donors and even your own neighbors that the problem you're trying to solve really ex/sts. (See the sections on surveys and community research for more information.) Once you have collected information, ask questions about what it means. A bunch of statistics won't serve any purpose unless you can show how people's lives are affected. When f~ni~hed, you should have a clear picture of the problem and how it's affecting your neighbors. In the playground example, the neighborhood group may decide to collect information on the number of small children and teenagers in the area, the number of nearby parks and community centers, the condition of recreation facilities, and the kinds of facilities people want most. 3. Once you understand the neighborhood's needs and problems, write some statements describing what you want to accomplish. Write your goals in general terms so you can look at several possible solutions. These goals will guide the improvements you make, so be sure they reflect the views of neighborhood residents. Discuss the goals in an open meeting where everyone affected can talk 16-1 Obtain Funding Do It Be sure to decide who's going to do the work, what it will cost, and ~ t~metable of when things should be done. Estimate the cost of your project by getting cost estimates from contractors or by pricing materials. Decide if you have enough materials, money, people and other resources, or if you need to apply to an agency for money. Don't forget to figure in the day-to-day operation and maintenance costs.. 7. Many activities can be done by a neighborhood group without any outside help; some, however, will require money. Funds may come from governmental agencies, private donors, or from money your group raises through dues, garage sales, or other activities. (See the section on funding for more information.) 8. The final step is to carry out the activities you have planned. Someone will have to supervise each step of the project to make sure each job is done on schedule. You also will need someone to make decisions whenever problems arise. If contractors need to be hired, you will need to get bids and select the best bidder. After the work is completed, continue to watch how the improvements or programs are used. If thefre not doing what you expected them to do, you may want to consider some changes. 18-1 Neighborhood Revitalization In late 1990, the St. Louis Park City Council formed the Neighborhood Revitalization Task Force and asked it to assess the need for and the benefits of developing a neighborhood revitalization program. In January 1991, the task force concluded that it was important for the City to pursue such a program. In response, the City Council appointed the Neighborhood Revitalization Committee-a group of St. Louis Park volunteers-and directed it to develop and implement a neighborhood revitalization program. The committee began meeting in July 1991. The committee developed thl.q mission statement as an outline of its focus and purpose: Create and monitor an on-going process to nurture the organ~7~ation of neighborhoods in order to empower residents to develop a sense of community, enabling them to identify and solve problems and issues common to their particular neighborhood. Thc committee then identified 34 small neighborhoods (the city had been divided into seven large neighborhoods) defining neighborhood boundaries primarily by major roads and other boundaries recognized by residents. The final boundaries were drawn after residents were surveyed about their perceptions of their neighborhoods. The new neighborhood boundaries have been included in the St. Louis Park's comprehensive plan. The city-wide survey also was used to determine what St. louis Park residents like and don't like about their neighborhoods. In July 1992, the City Council voted to upgrade the committee to an advisory cornmi~ion to the Council. The comml.qsion has nine members including at least one renter. All of them are volunteers. They are St. louis Park residents who are appointed by the City Council. According to the ordinance creating the commission, the purpose of the commi.qsion is to maintain St. Louis Park as a desirable place to live. The City Council believes that neighborhood revitalization will help create and maintain a sense of community, improve the appearance of neighborhoods, increase the feeling of security, and identify and satisfy social needs that will help achieve a high quality of life in St. Louis Park. CITY OF COLUMBIA HEIGHTS ~ Meeting of: July 13, 1998 AGENDA SECTION: z con SENT ORIGINATING DEPARTMENT: CITY MANAGER Community Development APPROVAL /¥0, ~--~ ITEM: Moratorium on St. Timoth¥'s BY: Kenneth R. Anderson Property /-tk, ~ ~ DATE: July 1, 1998 ISSUE STATEMENT: Due to the withdrawal of Mary T. Incorporated from developing a 70 unit senior housing apartment project on property currently owned by St. Timothy's Lutheran Church (ELCA) at 825 51st Avenue NE, a ten month moratorium on site improvements and/or development of the site and property is proposed to allow further study and analysis of appropriate land uses. BACKGROUND: A letter dated June 5, 1998, was submitted by Mary Tjosvold, Chief Executive Officer of Mary T. Incorporated, regarding the proposed 70 unit senior apartment building to be developed on property currently owned by St. Timothy's Lutheran Church. Mary T. Incorporated had been working in concert with Bruce Nedegaard of Nedegaard Custom Homes to develop, construct and operate a new senior apartment building in Columbia Heights. The letter indicated that Mary T. Incorporated would be withdrawing from development of either a "subsidized senior market or the upscale market" building project. Their reason for withdrawal was the rents that could be charged in Columbia Heights would not enable them to operate a quality services program in conjunction with the housing project (see attached letter). The City Council has previously acted upon all necessary planning and zoning approvals to enable this project to go forward in early fall of 1997. Furthermore, a tax increment financing district was established to assist in the project development. ANALYSIS: As a result of the withdrawal of Mary T. Incorporated, it is appropriate for an additional review of the development opportunities on this 2.28 acre site that was rezoned in 1997 from R-2, Two Family Residential District, to R-3, Multiple Family Residential District. To afford ample opportunity to perform the necessary review and analysis, a ten month moratorium on future development of the site will be necessary. The City Attorney has recommended that any moratorium should not exceed twelve (12) months (see attached memo). This ten month time period may be shortened should staff complete the necessary reviews and City Council takes other action by adoption of a resolution. The Councilmembers may recall that representations were made as part of the public hearing process to the adjacent property owners indicating that, as part of the zoning approval, the City Council was making the approval specific to the proposed senior housing project. If other uses are proposed that may be permitted in the R-3, Multiple Family Residential District for this site, there may be significant implications as to land use, traffic, public safety, and utility services to the site. Staff has prepared the attached draf~ resolution for consideration by the City Council. This resolution specifies that a moratorium on site improvements and or development to the site will be in place for up to a ten month time period to allow further study and analysis. Moratorium on St. Page two Timothy's Property RECOMMENDATION: Staffis recommending adoption of Resolution 98- 55 , a resolution imposing a moratorium on site improvements and/or development of the St. Timothy's Lutheran Church site. Attachments: Proposed Resolution 98- 55 Mary T. Inc. letter of June 5, 1998 June 17, 1998 memorandum of City Attorney RECOMMENDED MOTION: Move to waive the reading of Resolution 98- 5~ , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98- 55 , being a resolution imposing a ten month moratorium on site improvements ancYor development of property owned by St. Timothy's Lutheran Church in Columbia Heights. COUNCIL ACTION: h: \cdsec\wpS\Council\ ltr7-13-9 8stt ims RESOLUTION 98- 55 BEING A RESOLUTION IMPOSING A TEN MONTH MORATORIUM ON SITE IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST. TIMOTHY'S LUTHERAN CHURCH IN COLUMBIA HEIGHTS. WHEREAS, the City Council of the City of Columbia Heights has approved rezoning of certain property at St. Timothy's Lutheran Church, 825 51x Avenue NE from R-2, Two Family Residential District, to R-3, Multiple Family Residential District; and WHEREAS, the purpose of the rezoning request and approval therefor was to permit the development of a 70-unit, three story, market rate, senior housing rental apartment project by Nedegaard Custom Homes, Developer, and Mary T. Inc., owner and service provider; and WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City of Columbia Heights that they will no longer pursue a senior housing project in Columbia Heights; and WHEREAS, the City Council has represented in general terms to adjacent property owners that development at this site was intended for a senior rental apartment project only; and WHEREAS, the rezoning of this property to R-3, Multiple Family Residential District allows as permitted uses other types of projects including, but not limited to, townhouses, other multiple family dwelling structures, YMCA and similar non-profit organizations; and WHEREAS, the City Council determines it is necessary to 1) conduct further research and analysis as to appropriate land uses for this surrounding area which currently consists of single family homes, church, public park, and retail business uses; and 2) identify appropriate zoning and performance standards for the subject property. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Columbia Heights hereby establishes a moratorium not exceeding ten months on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights, with said ten month time period commencing and effective the date of adoption of this resolution, and recognizing said ten month time period may be shortened by adoption ora resolution of the City Council upon earlier consideration of staff findings. BE IT FURTHER RESOLVED that staff is directed as part of the Comprehensive Plan update and Zoning Ordinance re~te process to identify appropriate options for zoning of the subject property; development of recommended performance standards for the various zoning options; and presentation of the recommendations to the City Council before such time as the moratorium established by this resolution terminates. Passed this ~ day of , 1998 Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Mary T. Inc. JJN 9 June 5, 1998 Ken Anderson Community Development Director City of Columbia Heights 590 40~h Ave. NE Columbia Heights,' MN 55421 Senior Apartments in Columbia Heights Greetings, For the past year the Mary T. Inc. organization has been working with St. Timothy's Church, the City of Columbia Heights, and Bruce Nedegaard to develop, construct, and operate a senior apartment program that is affordable. Our successful niche has been providing affordable housing services. We have decided not to pursue either the subsidized senior market or the upscale market. It.appears to us thait the rents we could comfortably charge in Columbia Heights would not enable us to operate the quality services program that we currently operate at Margaret Place in Coon Rapids. We would gladly share any and all information that we have gathered to ensure .that Columbia Heights could have an affordable senior apartment building. Thank you for giving us' this opportunity to explore the possibility of senior housing in Columbia Heights. Sincerely, , Mary M. Tjosvgrd, Ph.D. CEO Mary T. Inc. cc: Bruce Nedegaard 1555 118th Lane Northwest Coon Rapids, Mtnnesota-55445 612 754 2505 Equal Oppormni(v EmploScr I CITY OF COLUMBIA t-IEIGHTS TO: FROM: DATE: RE: Mayor Joseph Sturdevant Councilmember Don Jolly Councitmember Gary Peterson Councilmember Marlaine Szurek Councilmember Bob Kuettimann Walt Fehst, City Manager Ken Anderson, Community Development Director Jim Hoeft, City Attorneyk¥~.~'~/ June 17, 1998 Moratorium on St. Timothy's Property Walt recently informed me that due to the inability of the Mary T project to move forward, there were concerns expressed about the future of that property. The issue of placing a moratorium on the property was raised. Please be advised that if a moratorium were to be placed on that property, the city needs to indicate specifically why the moratorium should be placed, what will be done during the time of the moratorium, and how long the moratorium will last. It is my recommendation that any such moratorium should not exceed a period of 12 months. Walt has instructed me to work with Ken Anderson on putting together an appropriate council letter for the council meeting on July 13*. If any of you have any questions or concerns regarding this issue, please feel free to contact me. Cb CITY COUNCIL LETTER Meeting of: July 13, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 4 CITY MANAGER ' S APPROVAL ITEM: WORDING FOR NOVEMBER, 1998, G ENER3~-L BY: CHARTER COMMISSION BY: ~/~~ ELECTION BALLOT REGARDING THE DATE: 6 - 30 - 98 DATE: POSSIBILITY OF EXTENDING THE TERM OF TO NO: t ~ Last year, the Charter Commission reviewed the entire City Charter chapter by chapter and also discussed suggestions for any other charter changes. One issue that was decided to be further discussed was extending the terms of office for Mayor from two years to four years. This is found in Chapter 2, Section 7 of the City Charter. The Charter Commission discussed this item at various meetings over the past year. On April 16, 1998, the Charter Commission held its first reading of a charter change extending the terms of office for Mayor from two years to four years. On May 21, 1998, the Commission held its second reading of the proposed ordinance. reading was approved with a 8-1 vote. The The Charter Commission recommends this subject, in accordance with State Statutes Chapter 410.12, Subdivision 4, be placed on the ballot on the November 1998 General Election. It is understood that if this charter change passes, it would take effect in January, 2000. Jim Hoeft, City Attorney, has been asked to provide language for the ballot question. He proposes the following language: SHALL THE COLUMBIA HEIGHTS CITY CHARTER BE AMENDED TO CHANGE THE MAYORAL TERM FROM TWO (2) YEARS TO FOUR (4) YEARS? RECOMMENDED MOTION: Move to approve the recommended language of the City Attorney (as stated above) regarding changing the Mayor's term of office, and to direct the City Clerk to place this language on the next general election ballot. COUNCIL ACTION: '('O C(T¥ COUNCIL JULY 13, 1998 *Signed Waiver Form Accompanied Application 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL *Besco, Inc. *Bob's Circle Plumbing *Draintiling, Inc. *Fairfax Asphalt, Inc. *Larson Plumbing, Inc. *Minnesota Petroleum Service, Inc. Plumbing Services, Inc. *Glenn Rehbein Excavating, Inc. *Terra Firma Estates, Inc. 308 D Brighton Ave. 52 East Road 12059 Cree St. N.W. 108 W. Broadway 3095- 162"d Lane N.W. 7650 State Hwy. 65 N.E. 1628 Hwy. 10 N.E. 8651 Naples St. N.E. 750 N.W. 4th Street 40.00 40.00 40.00 40.00 4O.OO 40.00 40.00 40.00 40.00 SOLICITORS/TRANSIENT MERCHANTS POLICE DEPT. *Robert Arthur Erickson 1001 N.E. 42 1/~ Avenue ***DENIAL RECOMMENDED BY POLICE DEPARTMENT, SEE COUNCIL LETTER 8500.00 license.ag BRC ,r.:' ]: NANC :i] AL.. F.'-;YE-;"I"E]~'t OY/:I.O/9:!:.'., 07:50:49 C l"f ,.'.:.'., c k FUND F.- U f',I 10 :[ 20.I. 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IC: VOE;S L.:[£3HT:J: WARN:ENI::~ L..:t:TE:S OF'- h1:E!q],!. :{: WCK::t:()L..A F'.:E: SAN ]: TAF,'Y ~.~E:RV :J: C W Y :G: !:;~' :E 'i"I!: .L F.: .., 73028 73029 73030 730.'.'$ ]. 73032 73033 73034 7~':';035 73()36 73037 73038 73039 7"3040 7304 :L 73042 73043 72.::044 ',',"3045 73046 7:.':':047 73048 '}"' :.':; 049 '23C) 50 7..-:';05 :L '22.; 0 '::,. '- ,~. 7:305::?; 7Z::O 54 7:':';055 73056 7;".'-':057 73058 7Z~O 59 73060 7306 :L 73062 7:::063 73064 ;:'3065 72:066 73067 72.; 06,'::~ '2 :.'::; 069 CITY COUNCIL LETTER Meeting of: July 13, 1998 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: ~ CITY MANAGER'S APPROVAL ITEM: Second Reading of Ordinance No. 1374- BY: Shelley Hanson BY:~f//,~"-,////~ Science, Technology & Energy Comm. /4 NO: ¢ · , DATE: July 10, 1998 As this Commission l~as been inactive for many years, the City Manager contacted the members to gauge their interest in serving on one of the other boards or commissions. The City Attorney was then requested to draft an Ordinance disbanding the Science, Technology, and Energy Commission. The first reading o£this Ordinance was read at the meeting of June 22, 1998. The Council also moved to schedule the public hearing and second reading of Ordinance No. 1374 for Monday, July 13, 1998 at 7:00 pm. MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1374, being an Ordinance amending Ordinance No. 853, City Code of 1977, Pertaining to the Science, Technology, and Energy Commission. COUNCIL ACTION: ORDINANCE NO. 1374 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, PERTAINING TO THE SCIENCE, TECHNOLOGY, AND ENERGY COMMISSION The City Council of the City of Columbia Heights does ordain: Section 1: Sections 3.314(1) - 3.314(4), inclusive of Ordinance No. 853, City Code of 1977, which reads as follows, to wit: 3.314(1) A Science, Technology, and Energy Commission is hereby established which shall consist of seven (7) permanent members to be appointed by the Council for terms of three (3) years each. Permanent members shall be residents of the City and shall possess technical expertise by virtue of education, training, or experience in the physical sciences, engineering, or mathematics and shall possess at least a baccalaureate degree therein. 3.314(2) The Science, Technology, and Energy Commission shall establish and appoint its own ex officio members of such numbers and identify as it shall deem appropriate. Terms of ex officio members shall be of such durations as is necessary and expedient to the topics being considered by the Science, Technology, and Energy Commission. The Science, Technology, and Energy Commission shall continue thereafter to prepare and maintain a current list of persons who may agree to donate technical expertise helpful to the topics which may be studied by the commission. Ex officio members need not be residents of the city and their expertise need not be limited to physical sciences, engineering or mathematics. Each ex officio member shall possess the title Technical Advisor. 3.314(3) The Science, Technology, and Energy Commission shall: (a) (b) (c) (d) (e) evaluate and advise the Council on highly technical proposal such as the use of computer services by the City Administrative Service (as requested by the Council). analyze, devise, and recommend to the Planning and Zoning Commission and Council such changes in the Zoning Code as may be necessary and desirable to both permit and closely regulate energy conservation enhancement in structures; provide analysis and advice to the Planr2ng and Zoning Commission, Council, Administrative Service or other Boards and Commissions on technical subjects referred to it from time to time; advise the Council and aid the Administrative Service in the preparation of technical specifications for the purchase of technical equipment or services; review the City Code to determine areas of obsolescence or impending obsolescence and recommend changes to the City Council before such problems become acute; (f) conduct such studies as are necessary to advise the City Council about the development of a City energy policy and energy action statement; (g) inform the residential, commercial, and industrial citizens of the City of the importance of energy conservation and motivate the public to conserve energy as the City Council shall direct; and CITY COUNCIL LETTER Meeting of: July 13, 1998 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER / Administration APPROVAL NO: Walt Fehst ITEM: Second Reading of Ordinance No. 1375 BY: Shelley Hanson Insurance Commission / NO: Q> , ~.~, DATE: July 10, 1998 As this Commission has been inactive for many years, the City Manager contacted the members to gauge their interest in serving on one of the other boards or commissions. The City Attorney was then requested to draft an Ordinance disbanding the Insurance Commission. The £rrst reading of this Ordinance was read at the meeting of June 22, 1998. The Council also moved to schedule the public hearing and second reading of Ordinance No. 1375 for Monday, July 13, 1998 at 7:00 pm. MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1375, being an Ordinance amending Ordinance No. 853, City Code of 1977, Pertaining to the Insurance Commission. COUNCIL ACTION: ORDINANCE NO. 1375 BE1NG AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, PERTAINING TO THE INSURANCE COMMISSION The City Council of the City of Columbia Heights does ordain: Section 1: Sections 3.313(1) - 3.313(5), inclusive of Ordinance No. 853, City Code of 1977, which reads as follows, to-wit: 3.313(1) An Insurance Commission is hereby established, which shall consist of not more than seven members to be appointed by the council for terms of indefinite duration. Members shall serve at will and may be removed or replaced by majority vote of the Council. The Council shall appoint a Chairman, and the Commission shall select a Secretary from among its members. 3.313(2) Members shall be selected from the insurance salesmen doing business within the City. Notwithstanding any other provision of this Code, the Chairman of the Commission may be remunerated for his service in such amount as set by resolution of the Council; provided, however, that said Chairman or members of his insurance agency shall do no business with the City of Columbia Heights. 3.313(3) The Insurance Commission shall serve as an advisory body to the Council and the administrative service of the City. The Commission shall study and investigate all areas of potential liability for the City and recommend insurance coverages therefor in the best interests of the City. The Commission shall conduct public heatings as are necessary to give full consideration to such matters. 3.313(4) The City may purchase such necessary coverages or self insure as the Commission may advise. Nothing contained herein shall relieve the City Council form awarding contracts of insurance to the lowest responsible bidder where such process is lawfully required. 3.313(5) is hereby repealed. Section 2: The Commission shall establish a monthly meeting date and direct the Secretary to prepare an agenda for each meeting. Said agenda shall be sent to the Commission members for their consideration at least two days prior to the meeting date. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 22, 1998 Offered By: Seconded By: Roll Call: JoAn.ne Student, Secretary Joseph Sturdevant, Mayor CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER /,'_ Fire APPROVAL NO: ITEM: LyndelnvestmentLicense Revocation BY: Dana Alexon BY: Hearings NO: ~.d -- ~-1~ DATE: July 8, 1998 DATE: On Tuesday, July 7, 1998, the City Attorney's office received notice from Lynde's attorney that an emergency injunction hearing was scheduled for Friday, July 10, 1998, in Federal District Court to enjoin the revocation of Lynde's licenses based on failure to pay inspection fees. There is currently a summary judgement hearing scheduled in Federal Court for Friday, July 17, 1998. It is the recommendation of the City Attorney, as well as legal counsel for the St. Paul Companies, that the Council table this matter to the next regularly scheduled Council meeting so that the Federal Court can hear all issues on Friday, July 17. The recommended motions below need to be made separately for each of the affected addresses owned by Lynde Investments which are under consideration at this meeting. Those addresses are: 4050 4th Street NE 4100 4th Street NE 4425 University Avenue NE 4441 University Avenue NE 4715 University Avenue NE 5131 University Avenue NE 4060 4th Street NE 4120 4th Street NE 4433 University Avenue NE 4707 University Avenue NE 5121 University Avenue NE 5141 University Avenue NrE RECOMMENDED MOTION: Move to Open the Public Hearing regarding Rental License Revocation for the property located Insert Address Here RECOMMENDED MOTION: Move to table consideration of the Revocation of the Rental License for _ Insert Address Here until July 27, 1998. COLrNCIL ACTION: CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER /_ PUBL I C HEAR I NGS Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY.'/' .~._~z /~ Revocation 6 d DATE: July 6, 1998 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4050 4th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- , there.being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 4050 4th Street. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4050 4TM STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 14, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 31, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 9, 1997, Rich Hirmichs and Charlie Kewatt, inspectors for the City of Columbia Heights, performed a reinspection of the common areas of the building. Inspectors were notified by the city attorneys' office that the owmer was not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. The violations in the common areas were not corrected and inspectors were not able to get into individual units to recheck outstanding violations. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. 5. That on June 10, 1998, R/ch Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Hinr/chs and ChiefKewatt found that the violations were corrected to their satisfaction. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $100.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4050 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number Fl7 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: DAY OF ,19 AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PUBL I.C HEAF~ [NGS ORIGINATING DEPARTMENT: CITY MANAGER (,., Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt Revocation 4 ~) DATE: July 6, 1998 DATE: NO: ' Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4060 4th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-__, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 4060 4th Street. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4060 4TM STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 14, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 31, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All o£the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 9, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, performed a reinspection of the common areas of the building. Inspectors were notified by the city attorneys' office that the owner was not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. The violations in the common areas were not corrected and inspectors were not able to get into individual units to recheck outstanding violations. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City, performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Hinrichs and Chief Kewatt found all violations corrected. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $150.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4060 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That att applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F1697 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: DAY OF ,19 AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-g2N-NE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PUBL lC HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER [.~ Fire APPROVAL NO: ITEM: Close Hearin g/Adopt Resolution For BY: C harlie Kewatt B Revocation /" L2-~ DATE: July6, 1998 DATE: NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4100 4th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 4100 4th Street. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING P_EVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4100 4TM STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, ANrD ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 14, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 31, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 9, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, performed a reinspection of the com_mon areas of the building. Inspectors were notified by the city attorneys' office that the owner was not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. The violations in the common areas were not corrected and inspectors were not able to get into individual units to recheck outstanding violations. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Cotumbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. 5. That on June 10, 1998, Rich Hin.richs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City, performed a reinspection o fall common areas and all individual units with outstanding violations. Inspector Hinrichs and Chief Kewatt found all violations corrected. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $100.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4100 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this heating, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That alt applicable tights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F1696 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days fi:om the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF ,19 MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PUt~L [C HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER NO: (4:2> Fire APPROVAL NO: (O* --C~''. DATE: July 6, 1998 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4120 4th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 4120 4th Street. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4120 4TM STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 14, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 31, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 9, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, performed a reinspection of' the common areas of the building. Inspectors were notified by the city attorneys' office that the owner was not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. The violations in the common areas were not corrected and inspectors were not able to get into individual units to recheck outstanding violations. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. 5. That on June 10, 1998, R/ch Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City, performed a reinspection of alt common areas and all individual units with outstanding violations. Inspector Hinrichs and Chief Kewatt found all violations corrected. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $100.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4120 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F1695 is hereby revoked~suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: DAY OF ,19 AYE S: NAY S: CITY OF COLUMB~ HEIGHTS, MINNESOTA ATTEST: JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PUBL I C HEAR I NG S ORIGINATING DEPARTMENT: CITY MANAGER d,~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt Revocation /_ /~_~ DATE: JulyS, 1998 DATE: NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4425 UniversiW Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 4425 University Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4425 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 16, 1997, Rich Hirudchs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on November 14, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 30, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of' the building. Inspectors were notified by the city attorneys' office that the owner was probably not going to be present to let inspectors into individual tm/ts and was refusing to comply by the City's search warrants. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Mirmesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City performed a reinspection of all common areas and alt individual units with outstanding violations. Inspector Hinrichs and ChiefKewatt found that the violations were corrected to their satisfaction. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $150.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4425 UniversiW Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable tights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F1845 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: AYES: DAY OF NAYS: ,19 CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COLTNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PUBL I C HEAR 1 NG S ORIGINATING DEPARTMENT: CITY MANAGER ir_ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt Revocation /]/ DATE: July6, 1998 DATE: NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4433 University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- , there .being ample copies available to the public. R_ECOMMENrDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 4433 University Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4433 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, A_ND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 16, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on November 14, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 30, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. Inspectors were notified by the city attorneys' office that the owner was probably not going to be present to let inspectors into individual units and was refusing to complyby the City's search warrants. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Hinrichs and ChiefKewatt found that the violations were corrected to their satisfaction. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $100.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4433 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F1844 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves fi-om the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA ATTEST: JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PUB L [ C HEAR I NG S ORIGINATING DEPARTMENT: CITY MANAGER NO: (,~ Fire APPROVAL NO: ~ ~ DATE: July 6, 1998 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4441 University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 4441 University Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4441 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, ANrD ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 16, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on November 14, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 30, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. Inspectors were notified by the city attorneys' office that the owner was probably not going to be present to let inspectors into individual units and was refusing to comply by the City' s search warrants. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 5. That on June 10, 1998, Rich Hinfichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Hinrichs and ChiefKewatt found that the violations were corrected to their satisfaction. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $150.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4441 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable fights and pefiods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such fights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F1843 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF ,19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA ATTEST: JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PUBL I C HEAR 1 NGS ORIGINATING DEPARTMENT: CITY MANAGER NO: (~ Fire APPROVAL ITEM: RevocationCl°se Hear/ng/Adopt Resolution For BY: Charlie Kewatt BY:~./~,~2~-,//~~ NO: ~ .. 7 DATE: July 6, 1998 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4707 University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-__, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 4707 University Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4707 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 16, 1997, Rich Hinrichs and John Larkin, inspectors for the City o£Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on November 14, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 30, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. Inspectors were notified by the city attorneys' office that the owner was probably not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Hinrichs and ChiefKewatt found that the violations were corrected to their satisfaction. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $100.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of th_is hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COLFNCIL 1. That the building located at 4707 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F4707 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves fi.om the premises within 60 days fi.om the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: DAY OF ,19 AYE S: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA ATTEST: JO-ANNE STUDENT CITY COUNCIL SECKETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PL~BL I C HEAR 1NGS ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ Fire APPROVAL ITEM: RevocationCl°se Hearing/Adopt Resolution For BY: Charlie Kewatt NO: ~ /~/ DATE: July 6, 1998 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4715 University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-__, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 4715 University Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4715 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, A_ND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 22, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 30, 1997, John Larkin and Rich Hinrichs, inspectors for the City.of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 5, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Hinrichs and ChiefKewatt found that the violations were corrected to their satisfaction. 6. That on December 22, 1997, Rich Hinrichs, inspectors for the City of Columbia Heights, due to a complaint, performed a inspection of unit #104 of this building. The inspectors found three violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 7. That on February 12, 1998, Rich Himdchs, inspectors for the City of Columbia Heights performed a reinspection of unit # 104 of this building. Inspector Hinrichs noted that none of the violations were corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 8. That on March 24, 1998, Rich Hinrichs, inspector for the City of Columbia Heights performed a reinspection of unit #104 of this building. Inspector Hinrichs noted that none of the violations were corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 9. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $200.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4715 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F4715 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF ,19__ MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC HEAR I NGS Fire APPROVAL NO: (a~ Revocation ~-G: ~- DATE: July 6, 1998 DATE: NO: ~ ' Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 5121 UniversiW Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 5121 University Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5121 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEA_R_ING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, A_ND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 22, 1997, Rich Himfichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 30, 1997, John Larkin and Rich Hirufichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail To the owner of the property listed on the Rental Housing License Application. 3. That on December 5, 1997, Rich Hinr/chs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hirufichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City, performed a reinspection o fall common areas and all individual units with outstanding violations. Inspector Hinrichs and Chief Kewatt found all violations corrected to their satisfaction. (A new violation found was issued new compliance orders) 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $100.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 5121 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F5121 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: DAY OF ,19 AYES: NAYS: CITY OF COLUM]3IA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PUBL I C HEAR I NG S ORIGINATING DEPARTMENT: CITY MANAGER {',~ Fire APPROVAL NO: ITEM: Close Hear4ng/Adopt Resolution For BY: Charlie Kewatt B Revocation fi_(> //hq DATE: July 6, 1998 DATE: NO: , Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 5131 University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-__, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) o£the Rental License held by Bennie Rozman Regarding Rental Property at 5131 University Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZ1VLad~I (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5131 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 22, 1997, Rich Hirmichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 30, 1997, John Larkin and Rich Hinrichs, inspectors for the City. of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 5, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Mirmesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City, performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Him'ichs and Chief Kewatt found all violations corrected to their satisfaction. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $150.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 5131 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F5131 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves fi.om the premises within 60 days fi.om the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: DAY OF ,19 AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 13, 1998 AGENDA SECTION: PUBL lC HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER NO: ~:> Fire APPROVAL I TE M: RevocationCl°se H earing/A dop t Resolution For B Y: Char lie K ewatt B Y~//~~~. NO: 4f //~. DATE: July 6, 1998 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 5141 University_ Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Property at 5141 University Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5141 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 22, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 30, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All offhe Violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 5, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Mirmesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City, performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Hinrichs and Chief Kewatt found all violations corrected to their satisfaction. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $100.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(t)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 5141 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That alt relevant parties and parties in interest have been duly served notice of this heating, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F5141 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. Alt tenants shall remove themselves fi-om the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: DAY OF ,19 AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA ATTEST: JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETYER Meeting oE Jnly 13, 1998 AGENDA SECTION: · ITEMS FOR CONS I DERATI ON ORIGINATING DEPT.: CITY MANAGER NO: 7 RESOLUT!ONS/ORDINANCES CoramunityDevelopment APPROVAL ) NO: t I DATE: July2, 199g Background: The property located at 1260 N.E. 46ta Avenue has remained in a substandard, unsightly, and hazardous condition since March 20, 1996. The Building Official has mailed several notices to the property owner and he has not complied with the various orders and has allowed the condition of the property to further deteriorate. Part of the existing building has remained after partial demolition since October 6, 1997. There are several large excavations on the property. The Public Works Department has had to fill an excavation near the curb line to protect the roadway from collapse and has placed a fence around the property to protect the children in the area. ]'he owner has removed any recent construction items and his personal belongings; apparently abandoning the property. A Notice and Order of the Building Official ordering the restoration of the property to a safe condition was sent to all parties having an interest in the property on March 20, 1998. No formal appeal has been filed and no demolition permit has been applied for within the time specified in the Notice and Order by any of the interested parties. Recommended Motion: Move to waive the reading of the resolution, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 98- 56 , Being a Resolution declaring the property at 1260 N. E. 46TM Avenue as hazardous and direct the City to initiate proceedings to raze the remainder of the Structure/Building, perform lot grading for future development and site restoration, and the repair or replacement of the neighbors fences at the south and west property lines. COUNCIL ACTION: RESOLUTION NO. 98- RESOLUTION OF TItE CITY COUNCII, FROM TItE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF A ItAZA~OUS STRUCTURE LOCATED AT 1260 NORTItEAST 46TM AVENUE. WHEREAS, there is an abandoned portion of a building at 1260 46~ Avenue which has been vacated since March 20, 1996, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds th.is abandoned property to be hazardous based on the following code violations as contained in the Finds of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become dislodged, or to collapse and thereby injure persons or damage property. 302(8) Whenever the building or structure, or any part thereof, because of (I) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 302(11) whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(12) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become (I) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 302(17) Whenever any building or structure is in such a condition as to constitute a public rtu[~ncc known to thc common law or in equity jurisprudence, Removal of Hazardous Structure Resolution 98- 56 Page two 302(18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structure at 1260 Northeast 46~h Avenue is substandard and seriously deteriorated, that it lacks minimum standards for habitable space per 1995 NfN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structure be removed, the perimeter fencing be replaced and the lot be graded for future development refilling any and all large excavations presently on the property. Conclusions of Council That all relevant parties have been duly notified of this action. That the vacant and abandoned structure on the property at 1260 NE 46t~ Avenue is hazardous and in violation of many local, state and national code requirements. That the structure can not be rehabilitated to bring it into compliance with local, state and national code requirements. Order of Council The non-occupied remaining portion of a house structure at 1260 NE 46th Avenue, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.6t6. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owner of the above-hazardous building, or his heirs, to raze the building within thirty (30) days of the date of service of this order. The site must then be restored to a safe condition with fill and fencing as necessary. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. Removal of Hazardous Structure Resolution 98- 56 Page three The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Passed this Offered by: Seconded by: Roll Call: day of ,1998. Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary g:\Co~\oo~ CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 -3878 (612) 782-2800 TDD 782-2806 INSPECTION DEPART~NT MEMO TO: FROM: SUBJECT: Honorable Mayor and City Council Members Cotlova, Building O£fici~~ Mel Substandard Properties DATE: July 2, !998 With the City Council approval, the attached Resolutions will be forwarded to the City Attorney to pursue District Court approval to commence the demolition. Abatement funds will be used for these projects. Costs, including legal fees, will be assessed to the property in the form of a special assessment using the guidelines set forth in the Minnesota Hazardous Building Statutes. I have tried several times as evidenced by the attached documents, to persuade the property owners to waive the District Court proceedings and avoid additional fees. THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE ~BAS[S OF D]SAIB]LITY IN EMPLOYMENT Or THE PROVISION OF SERVICES EQUAL OF~POF~TUN]tY EMPLOYER · -"CITY OF COLUMBIA HEIGHTS (!") S90 40TH AVENUE N.~',, COLUMBIA HEIGHTS. MN 55421-3878 (tS12) 782-2800 TI)C) May 7, 1997 James Rude and Owner of Record 1260 N.E. 46th Avenue Columbia Heights, Mn. 55421 Dear Mr. Rude: RE: Condition of property known as 1260 N.E. 46th Avenue PIN #25-30-24-34-0086 On the morning of May 7, t997 an on site inspection of the subjeci property Was conducted and photographs were taken to record the following conditions which are contrary to the Minnesota State Building Code. The Minnesota State Building Code includes but is not limited to the 1994 Uniform Building Code (UBC), the Minnesota Plumbing Code and the Minnesota Energy Code. 1. The building has been posted a "Dangerous Building" and occupancy is hereby suspended as of this date (UBC Section 102, UBC Section 109.6). 2. The only active building permit is for the house wrap which has not been completed. 3. There are several excavations around the house without first applying for the required permits (UBC Section 106). 4. There appears to be foundation construction in process at the rear of the dwelling without first submitting plans and specifications as required (UBC Section 106.3), and applying for the required permit (UBC Section 108). 5. The outside appearance of the property constitutes a poblic nuisance as'known to common law or in equity jurisprudence (Uniform Code for Abatement of Hazardous Buildings Section 302). In order to receive occupancy of the dwelling, you are ordered to correct the listed conditions as follows: 1. Repair and certify the existing plumbing as safe by a properly licensed plumber after obtaining the proper permits (Mn. Plumbing Code 4715.2800, 4715.2810, 4715.2820) and shall meet the requirements of the Plumbing Code as new plumbing (Mn. Plumbing Code 4715.2850, Mn. Statutes 326.37 to 326.45). ' 2. Obtain proper permits for ongoing ~:onstruction with a time table for completion and proof of financial capability to complete ai__l projects. 3. Provide proper barriers for excavations immediately. 4. Clean up and remove ai._]l debris, dismantled vehicles, etc. immediately. 5. Provide documentation that the ongoing construction will not exceed 50% of the existing building value. Improvement values must be in accordance with Minnesota State Guidelines. Page 2 You have twenty (20) days to respond in writing to this notice. Failure to respond with an acceptable plan to meet requirements will lead to orders to raze/demolish the existing building under Minnesota Statutes. If you have any questions regarding the content of this letter, you may contact this office at 782-2818. Building Official #1727 MClkp CC: J. Hoeft, City Attorney J. Sturdevant, Mayor W. Fehst, City Manager K. Anderson, Dir. of Comm. Dev. Water Department ' Of:: COLUMBIA HEIGHTS 590 40TH AVENUE N.B.. COLUMBIA HEIGHTS. MN 55421-3878 (612) 782-2800 TDD 782-2806 March 16, 1998 James Rude 1260 N.E. 46th Street Columbia Heights, MN 55421 ~12 Lyndale Avenue South Minneapolis, MN 55405 860 Bartiemy Lane Saint Paul, MN 55119 Dear Mr. Rude: You have failed to keep your part of the bargain to restore your home to an acceptable condition within the time frame. Your exploratory sewer excavation was putting the road in jeopardy and has been filled by City Crews. You were verbally warned about this hazard during meetings on the building permit. A notice was sent February 25, 1998. The notice was returned by the Post Office as non-deliverable to the 46th Street address. This notice is being sent to all the addresses listed above. You MUST complete the construction before your building permit expires or apply for a new building permit. You have failed to maintain the required schedule. Any future permits will be denied. You will be forced to go through the Appeal Process before the Planning and Zoning Commission/Appeal Board. This could add additional costs to your project. It may also lead to denial and condemnation of your property by the City Council using the process described in the HAZARDOUS BUILDING STATUTES. Feel free to contact this office during normal business hours at 782-2818 to discuss this matter. Sincere !y, -,. .,'; ~' ~ ~fel Cci!ova Building Official cc: Property File James Hoeft, City Attorney CITY OF COLUMBIA HEIGHTS August 12, 1997 James Rude and Owner of Record 1260 N.E. 46th Avenue Columbia Heights, Mn. 55421 Dear Mr. Rude: This letter is regarding the condition of the property located at 1260 N.E. 46th Avenue. This office must receive the following required documentation within ten (10) days or not later than August 22, 1997: 1. Architectural and/or engineered drawings of any further remodeling of the structure located at 1260 I~.E. 46th Avenue. 2. Proof of financial capability to complete the projects in a timely manner. Your property has been declared an "eyesore" and a public nuisance as known to the common law and has been posted. Failure to comply within the ten day time period will lead to City Council action to condemn and raze the structures and remove any and all debri from the demolition along with any other debri on the site. The excavation will be filled with clean fiil. The costs of this process will be assessed to the property taxes. If you wish to appeal this order, you must contact Tine Goodroad at 782-2856 during normal business hours. If you have any questions regarding the content of this letter, you may contact my office at 782-2818. Sincerely, Mel Collova Building Official #1727 MClkp CO: J. Sturdevant, Mayor W. Fehst, City Manager J. Hoeft, City Attorney K. Anderson, Dir. of Comm. Dev. CITY OF LABOR: COLUMBIA HEIGHTS EXCAVATION COSTS ADDRESS: DATE: '~ Employee Name ] No. of Hours } Rate/Hour } + 4.0% [ Cost '-7",., ¢ [~..._/<, -,, -5 ~ _ =..' .;.·, : ,:::5;TOtal. Labor MATERL~LS: Number {Description of Item [Price/Each {Cost {Siot: ~cx I 48-00 S~cF 20× £-~'-~-: .... s,.~ 36.80 EQUIPMENT: Equipment ] No. of Hours ]Rate/Hour [Cost Backhoe ] ]25.00 Dump Truck "T-"~.D-e? I . ~' 15.00 NOTE: FINANCE DEPT. STA~}r WiLL CO~IPLETE SHADED AREAS. I have reviewed the above materials used and hours for labor and equipment, and ceftin, that &e above accurately lists the rime and materials spent on the excavation. £ fitrrher certify, that the rime spent on excavation and repair is appropriate. ~S'up~rintendent. Public Works Depamnent Date Approved for billing Finance Director/Assistant Finance Director Date OF COLUMBIA HEIGHTS 590 40TH AVENUE N,E., COLUMBIA HEIGHTS, MN 5~421-3878 (612) 782-2800 TDD 782-2e06 March 20, 1996 NOTICE AND ORDER OF BUILDING OFFICIAL James Rude 1260 N. E. 46th Avenue Columbia Heights, MN 55421 Knutson Mortgage Corp. 3001 Metro Drive #400 Bloomington, MN 55425 Re: 1260 N.E. 46th Avenue, Columbia Heights, MN 55421, PIN ~ 25-30-24-34-0086, N 125' of W 1/2 of Lot 10, Block Sheffieid's Sub. To All Parties Having an Interest in This Property: This property has remained a neighborhood "eyesore" and in an under construction phase for over two years. It has been vacant for approximately one year. To provide for public safety and welfare City has installed a pedestrian barrier, an orange plastic fence, surrounding the property. The owner was instructed last fall to fill the exp!oranory excavation at the curb line. The City was forced to fill the excavation in order to protect the integrity of the 46th Avenue road bed. Other large excavations remain; rendering the property hazardous to City residents and their children. The detached storage shed extericr siding is not providing the required weather barrier to the exterior of the structure. As stated in the 1994 Uniform Code for the Abatement of Dangerous Buildings section 302; "For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such condition or defects exist to the extent that the life, limb, health, property or safety to the public or its acquaints are endangered": 002,5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 302(8) Whenever the building or structure, or any part thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. EQUAL O~OF~TU~ITY EMPLOYER P age 2 Notice and Order 1260 N. E. 46th Avenue 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 302(I!) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(12) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become <i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons; or as to (iii) enable persons to resort thereto for the purpose cf committing unlawful or immoral acts. 302(!7) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. 302(!8) Whenever any porticn of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. The structures must be razed, all required permits must be applied for within 80 days of receipt of this notice and must be completed within 90 days of permit issuance. If the timetable stated is not met, the City may proceed to cause the work to be done and charge the costs thereof against the property or its owner. age 3 Notice and Order 1260 N. E. 46th Avenue Any person or entity having legal title or interest in this property has the right to appeal from this notice and order or of any action by the Building Official to the Board of Appeals provided the appeal is in writing as provided in this Code and filed with the Building Official within 30 days from the date of service of such notice and order; and failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. ~/~/~~~Sincerely ~ /7.¢ Me! Col!ova Building Official c: Property File James Hoeft City Attorney James Rude 2313 Lynda!e Avenue South Minneapolis, MN 55405 CITY COUNCIL LETFER Meeting of: July 13, 1998 AGENDA SEcqr'IoN: ' ITEMS FOR CONS I DERATI 0NFoR.iG]iWA~GD~.. CTfYMANAGIi:I~ NO: ? RESOLUTI 0NS/0RD I NANCES Conrmluni~] Development .APPROVAL ~: 3900 Cen~ Av~e N.E. P~ 35-30-24- BY: Mci Collova BY:~~/ ~-0006 Decl~ion ofHaz~dous Prgpe~ Back ro~.L0__~d: On the property located at 3900 Central Avenue N. E. the existing garage and retaining wall both have remained in a substandard, unsightly, and hazardous condition since February 25, 1998. The Building Official has mailed several notices to the property owner and she has not complied with the various orders or the offer to allow the City to correct the condition by waiver. The retaining wall remains in disrepair and the gm-age remains in a hazardous condition~ The fee owner of the property has signed a waiver allowing the City to raze the garage, remove the retaining walt and grade the lot to eliminate the need for a retaining wall. No formal appeal has been filed by any of the interested parties and no permit has been applied for within the time specified in the Notice and Order. Recommended Motion: Move to waive the reading of the resolution, there being ample copies available to the public. Recommended Motion: Move to Adopt resolution 98- 57 , Being a Resolution declaring the garage and retaining wall located at 3900 Central Avenue N.E. as hazardous. To raze the garage and remove the retaining wall, and to grade the lot to eliminate the need for a retaining wall. COUNCIl, ACTION: RESOLUTION NO. 98- 57 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF HAZARDOUS STRUCTURES LOCATED AT 3900 NORTHEAST CENTRAL AVENUE. WHEREAS, there is a substandard building and retaining wall at 3900 Northeast Central Avenue which have been dilapidated, unsafe since February 2, 1998, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations as contained in the Finds of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become dislodged, or to collapse and thereby injure persons or damage property. 302(8) Whenever the building or structure, or any part thereof, because of (I) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(17) whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 3900 Northeast Central Avenue are substandard and seriously deteriorated, that they lack minimum standards for habitable space per 1995 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structures be removed, and the lot be graded eliminating the need for a retaining wall. Removal of Hazardous Structure Resolution 98- 57 Page two Conclusions of Council That all relevant parties have been duly notified of this action. That the structures on the property at 3900 Northeast Central Avenue are hazardous and in violation of many local, state and national code requirements. That the structures can not be rehabilitated to bring them into compliance with local, state and national code requirements. Order of Council The remaining portion of retaining wall structure and the existing detached garage at 3900 Northeast Central Avenue, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owner of the above-hazardous building, or his heirs, to raze the building and retaining wall at the west property boundary within thirty (30) days of the date of service of this order. The site must then be restored to a safe condition with fill as necessary. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the structures shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Removal of Hazardous Structure Resolution 98- 57 Page three Passed this Offered by: Seconded by: Roll Call: day of ~1998. Jo-Anne Student, Council Secretary g:\Code\conres Mayor Joseph Sturdevant C' 'T'Y OF COLUMBIA HEIGHTS (1") 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 IESPECTION DEP~T~NT MEMO TO: FROM: SUBJECT: Honorable Mayor and City Council Members Mel Col!ova, Building Officia!~/~/~/ Substandard Properties DATE: July 2, 1998 With the City Council approval, the attached Resolutions will be forwarded to the city Attorney to pursue District Court approval to commence the demolition. Abatement funds will be used for these projects. Costs, including legal fees, will be assessed to the property in the form of a special assessment using the guidelines set forth in the Minnesota Hazardous Building Statutes. I have tried several times as evidenced by the attached documents, to persuade the property owners to waive the District Court proceedings and avoid additional fees. 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 NOTICE AND ORDER OF BUILDING OFFICIAL April 8, 1998 Aide F. Perea-Rodas 3900 Central Avenue N.E. Columbia Heights, MN 55&2! Thomas E. Sullivan 25i9 Central Avenue N.E. Minneapolis, MN 55448~ Re: 3900 Central Avenue N.E., Columbia Heights, Minnesota, PiN ~ 25-30-24-44-0006, LOT 20 BLOCK 62 COLUMBIA HaIG=To ANNEX TO MPLS, ANOKA COUNTY, MN. To AlT .... n=~.~ies Having An -hie,reset in This Frope~ty:- _ A portion of the retaining., wa~__ at the wes% =~ro~erty_ __..~4~ has become deteriorated and has fallen into the alley. The garage type structure at the northwest corner of the property is in a hazardous condition as evidenced ~y the bow in the west wall. Photographs of these conditions have been taken. As stated in the !994 Uniform Code for the Abatement of Dangerous Bu~!dings_ section- ~0_~; for the purpose of this Code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous bui!ding~ provided that such condition or defects exisz to the extent that the life, !imb~ health, property or safety to the public or its acquaints are endangered: 302<5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby in~ure persons or damage property. 302(8) Whenever the building or structure~ or any part thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose of supporting such building; <iv) the deterioration~ decay or inadequacy of its foundation; or (v) any othe.~ cause~ is likely to partially or completely collapse. 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifest!7 unsafe for the purpose for which it is being used. Page 2 Notice and Order 3900 Central Avenue N.E. 302(i0) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 302(!!) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302<!2) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immora~ persons,' or as to (~i)-_ enable persons to resort ~hereto for the purpose of committing unlawful or immoral acts. 302(!7} W..e..vze~ any bu or structure is in ~uok a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. 302(18) Whenever any portion cf a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. The structures must be razed, all required permits must be applied for within $0 days of receipt of this notice and work must be completed within 90 days of permit issuance. If the timetable stated is not met, the City may proceed to cause the work to be done and charge the costs thereof against the property or its owner. I have enclosed a legal form giving the City the authorization to conduct the work. If you would prefer the City could cause the work to be done. The cost of the work would be assessed to the property in the form of a special tax assessment. By signing the authorization, legal costs would be eliminated. I urge you to consider this action. The authorization form must be notarized and returned to this Department. Page 3 Notice and Order 3900 Central Avenue N.E. Any person or entity having legal title or interest in this property has the right to appeal from this Notice and Order or of any action by the Building Official provided the appeal is in writing as provided in this Code and filed with the Building Official within 30 days from the date of service of such Notice and Order; and failure to appeal will constitute a waiver of all righ: to an administrative hearing and determination of the matter. Mel Co!!ova Building Official C: Property File James Hceft City Attorney AUTHOR_~ATION TO RAZE HAZARDOUS BUILDING r the undersigned, Thomas _. -u'-~ivan of 2~19 Cenura! Avenue N._=. , Hennipen Counuv, Minnesota, s.ca-~= thaT. _r am the =~ o~ne cf ~=ccrc of th- =~=m~ses commonly known as Central- _ A~' =~ue N._w. , PIN = 2~-3O-~'_-g~-OOOS~ __ , and legally described a~ Lot 20, Block ~2, Columbia Heights annex to on file or of record in the office of the C~Dunty Recorder Minnesota; there now exists on the premises a certain ~e~ached building aZ the northwest corner cf the Premises and a r=*~n=.~.~_..= wall at the west .:roperty line, which s~ructu~e= r asr== and admi- are hazardou= structures ~ because cf ag=,~ physical d-:~a==.__ =-, -..~adequ=~=--- maintenance and di!a=idatica, and which ~zr",-+~,e~ ! agree ~,~,~ admit may be i do hereby a,:thcrized .the City of Columbia Heights pursuant to Minnesota Otatutes~' Section 4cc.!51, to raze such :remises. , inc!ud~g_., fcunda:=cn cf :he s~ruczures, ~, g~=,~=---~ the area to meet the surroundln~ area and ~c ~evy and the expense of such rating and grading am a ~pecial charge situated~ as ~rovided by Minnesota Statutes~ 483.151, and waive any right to a he__i..g on ch assessment as well as S~atutes se~ing out the =rccedure for ~uch assessment. i further snare that there are no items of personal prcper~y cr fixtures on such premises in the structures which ! determin= tc be of any ~,~ _ - v,__e and r hereby authorize the City cf Columbia Heights to dispose of any persona! proper~y or fixtures thereon or within ~he structures. The City cf Cciumbia Heights shall have sc'~ determination as to ho~- the work is ~c be done an,/ as ...... = .... - e.~,- ~,~ any ac~oun-ing or e'~e~es..~ involved in uhe, r&ning and P ~ge 2 Authorization 3900 Central Avenue N.E. I do further release and discharge the City of Columbia Heights from any action or cause of action, claims and demands for damages by myself or by my heirs or assigns as the result of the razin~ and removal of such structures. it is understood that the City if Columbia Heights shall be under no cb!igation because of this authorization to remove or raze the structures above described and that the removal or razing, under the terms of this authorization is subject to the approval of the City Council of the City of Columbia Heights. in the presence cf: State of Hinnesota ' ' ~' before me On tnas ,~' day cf ./ .-"i~-. % !9C '~ and - to be known to be the persons described in and who ~'~=~ he - - exe__~_ t foregoing' instrument, and acknowledge that them executed the same as their own free act and deed. Notary Pub!it 'S~amp./'Sea!/ gi~na~u~ P a~e 3 Authorization 3900 Central Avenue N.E. Comment: The City Council may remove or raze and hazardous strut:ute to remove or correct any hazardous condition if it obtains consent in ~ritin~ of all c~ners of record, occupying tenants, and all !ienho!cers o~ record. The Council may provide for assessing ~he cos: under local improvement code in not to exceed five annu~__ -..-~a~!men~s_ , with inte~s~.~ at 8 (eigh:) percent a year (M>S. 483.i51). INC~DENT REPORT 0 I ~ I ~ I I I I t 1 fr'~J.4 NUMSE. ) I t.~Z~AT~ STO.::~_D ' t~Y i2~3~/T~r- CITY COUNCIL LETTER Meeting of: 7/13/98 AGENDA SECTION: ITEMS FOR CONSIDERATION- ORIGINATING DEPARTMENT: CITY MANAGER NO: '/ OTHER BUS INESS PUBLIC WORKS ITEM: ACCEPTANCE OF ENGINEERING STUDY BY: K. Hansen/,/~ BY REPORTS AND AUTHORIZATION TO DATE: 7/9/98 DATE: PROCEED WITH DESIGN SERVICES AND INITIATE NEGOTIATIONS FOR PROPERTy' ACQUISITION rte C, i Background: Distributed at the City Council Work Session of July 8th were the final Engineering Reports with recommendations from the City's consultant, BRA, for the stormwater study areas. The reports have been reviewed and revised based upon staff and Council comments and input. ~ Analysis/Conclusions: The recommendations and estimated cost for each study area can be summarized as follows: Corporate Limit Area a. Do nothing at this time (Based upon Fridley maintenance adjustments for pipe overflow relief) b. Future: In the event flooding reoccurs to these homes, it is the study recommendation to flood-proof the homes $0 $ Potential future cost. McKinley St. and 40th Ave. N.E. Ponding in Prestemon Park $131,500 Monroe Street N.E. and 49 ½ Ave. N.E. 1998: Catch basin/road improvements 2000: Trunk storm sewer (conjunction with Zone 4 Street Program) $18,000 $282,500 Jackson Pond 1. Jackson Pond 2. 4500 block of Washington St. 3. 4300 block of Washington St. 4. 1307 42nd Ave. N.E. 5. Tyler Place N.E. and 44~h Ave. N.E. Sub-Toml: $15,500 $115,500 $100,000 $115,500 $ 57,000 $835,500 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of': 7/13/98 AGENDA SECTION: ITEMS FOR CONS 1DERAT I ON .... ORIGINATING DEPARTMENT: CITY MANAGER NO: '7 OTHER BUS I NESS PUBLIC WORKS ITEM: ACCEPTANCE OF ENGINEERING STUDY BY: K. Hansen BY: REPORTS AND AUTHORIZATION TO DATE: 7/9/98 DATE: PROCEED WITH DESIGN SERVICES AND INITIATE NEGOTIATIONS FOR PROPERTY X ACQUISITION '~( dr /' ) Page 2 Continued Other, smaller or localized problems that did not have engineering reports for are estimated as follows: 2. 3. 4. 5. 6. 4116 Cleveland $ 21,000 1156 to 1206 Khyber Lane $ 31,000 4201 2"d St. N.E. $ 5,500 Main Street & 2"d Street (38th to 39~h) $ 4,500 550 46th Ave. N.E. (Alley between 5m and 6m) 4960 Fillmore St. $ 5,000 Sub-Total $ 67,000 Total Estimated Cost $902,500 Grant funding through the Minnesota DNR has been applied for. Recommended Motion: Move to accept the Engineering Study Reports as prepared by the Engineering Firm of BRA. Recommended Motion: Move to authorize the f'u-m of BRA to prepare the design of the storm sewer improvements as recommended in the engineering studies. Recommended Motion: Move to authorize the City Attorney and city staffto determine property acquisition requirements based upon funding eligibility and begin negotiations for property acquisition as identified. KH.'jb 98-229 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 13, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: /~ Other Bus i ness Community Development APPROVAL ITEM:Conditional Use Permit /~, C, ~~'9 BY: Joe Ho llman,~ BY: ~~-'~~~ NO: Case # 9807-32, 3856 Quincy St. DATE: July 8, 1998 Issue Statement: The applicant requests a Conditional Use Permit to allow an off-street parking lot in the R-3 Multiple Family Residential District. Section 9.109(2)(k) of the Columbia Heights Zoning Ordinance permits off-street parking as a Conditional Use in the R-3 District. This property is currently vacant. Note that there was a house on the property which burned down in recent years. Background: The proposed parking lot will serve 701 39~ Ave. NE and 715 39th Ave. NE which are across 39~h Ave. and slightly to the west. Section 9.109(2)(k) allows off-street parking in the R-3 District when the proposed lot is located in any block or area which is zoned, used, or otherwise permitted for any non-residential use or uses and abuts on a lot or parcel which is in a "B" or 'T' District and is in the same o~mership or control as the land in the "B" or 'T' District. The property to the west and also across 39th Ave. is zoned industrially and is used as such. Also, the subject property will be in the same ownership as the principal use which is across 39th Ave. and a short distance to the west. The request is in compliance with these requirements. Other conditions in the Ordinance state that the subject parcel shall not be located between two abutting residential uses, and provided that such off-street parking is restricted to an area for a distance from the abutting edge of the "B" or "I" District equal to the combined widths of three contiguous platted lots or 150 feet, whichever is greater. The subject parcel is within 150 feet of the principal use which it wilt be serving and it is abutting residential only on the south side. The proposal meets these provisions of the Ordinance. The Planning and Zoning Commission held a Public Hearing for the request on July 7. They voted unanimously to recommend City Council approval of the Conditional Use Permit, subject to the 9 conditions listed in the recommended motion. Note that there was one nearby property owner present who objected to the parking lot because she was concerned that it would devalue her property. Please find the following information attached: Staff Report to the Planning and Zoning Commission; completed application form; site plan; surrounding area map; and Public Notice. Recommended Motion: Move to approve the Conditional Use Permit to allow off-street parking in the R-3 District at 3856 Quincy Street, subject to the following conditions: 1. Ownership of the property shall be transferred to the applicant; 2. All required state and local codes xvill be met and in full compliance; 3. All lighting used to illuminate the off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff; 4. A fence, not over 6 feet high nor less than 3 ½ feet high, shall be erected along the property line abutting a residential district and shall be at least 50% opaque; 5. A bumper curb of 5-7 inches high,, is required around the perimeter of parking area; 6. There shall be a minimum of two feet open space maintained between the bumper curb surrounding the parking area and the property line; 7. Driveways shall not exceed 6% and the parking lot shall be graded according to a drainage plan which has been approved by the Department of Public Works; 8. The maximum slope of any banks shall be 1:3; 9. The parking lot will need to be striped and parking stalls are required to be 9' x 20'. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS (1-') 590 40th AVENUE N.E., COLUMBia HEIGHTS, MN $5421-3878 (612) 782-2800 TDD 782-2806 Case: 9807-32 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JULY 7, 1998 PUBLIC HEARING Case #: 9807-32 Michael J. Zabukovec 6311 Quincy St. NE Fridley, MN GENERAL INFORMATION Owner: Address: Phone: Parcel Address: 3856 Quincy St. Zoning: R-3 Multiple Family Residential Comprehensive Plan: LDR - Low Density Residential Applicant: J&M Investment Partnership 701 39th Ave. NE Columbia Heights, MN 788-7656 Surrounding Zoning and Land Uses: Zoning North: I Scmth: R-3 East: R-3 West: I-2 Land Use North: Commercial/Industrial South: Residential East: Residential West: Industrial BACKGROUND Explanation of Request: The applicant requests a Conditional Use Permit to allow an off-street parking lot in the R-3 Multiple Family Residential District. Section 9.109(2)(k) of the Columbia Heights Zoning Ordinance permits off-street parking as a Conditional Use in the R-3 District. This property is currently vacant. Note that there was a house on the property which burned down in recent years. The proposed parking lot will serve 701 39* Ave. NE and 715 39th Ave. NE which are across 39t~ Ave. and slightly to the west. Case History: Case 9509-39 was a request for a variance to reconstruct a non-conforming house that was damaged by fire which was denied. The building was damaged in 1995 and was tom down in 1997. THE CItY OF COLUMBIA HEIGHTS ~OES NOT DISC~RIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT Or THE PROVISION OF SERVICES EQUAL OPPOrTUNI~ EMPLOYer Case: 9807-32 Page: 2 ANALYSIS Surrounding Property: The surrounding property on the south and east is zoned R-3, Multiple Family Residential and is used residentially. The property to the north is zoned I, Industrial and the area to the west is zoned I-2, Heavy Industrial and is used for commercial/industrial purposes. Technical Review: Section 9.109(2)(k) allows off-street parking in the R-3 District when the proposed lot is located in any block or area which is zoned, used, or otherwise permitted for any non-residential use or uses and abuts on a lot or parcel which is in a "B" or "F' District and is in the same ownership or control as the land in the "B" or 'T' District. The property to the west and also across 39th Ave. is zoned industrially and is used as such. Also, the subject property will be in the same ownership as the principal use which is across 39~' Ave. and a short distance to the west. The request is in compliance with these requirements. Other conditions in the Ordinance state that the subject parcel shall not be located between two abutting residential uses, and provided that such off-street parking is restricted to an area for a distance from the abutting edge of the "B" or 'T' District equal to the combined widths of three contiguous platted lots or 150 feet, whichever is greater. The subject parcel is within 150 feet of the principal use which it will be serving and it is abutting residential only on the south side. The proposal meets these provisions of'the Ordinance. Specific requirements for a parking lot are as follows: · A fence, not over 6 feet high nor less than 3 ½ feet high, shall be erected along the property line abutting a residential district and shall be at least 50% opaque; · A bumper curb of 5-7 inches high, around the perimeter of parking area and a curb of no less than 5 feet from a building that has parking around it; · Driveways shall not exceed 6% and the parking lot shall be graded according to a drainage plan which has been approved by the City Engineer; · The max/mum slope of any banks shall be 1:3 (1 is vertical and 3 is horizontal); · The parking lot will need to be striped and parking stalls are required to be 9'x 20'. Note that parking lots and driveways are required to be surfaced with a material to control dust and drainage. The applicant proposes to pave the lot which will be in compliance. Another requirement which is not listed above is that parking and loading areas are subject to required front yards. The front yard for the subject parcel is located adjacent to Quincy Street and the front yard setback in the R-3 District is 30 feet. Note that the site plan indicates that the front 30 feet will not be used for parking and it will be separated by a curb and landscaping. The proposed layout of the parking spaces will create an approximately 30 foot drive aisle which is an adequate design for 90 degree parking. One concern is that the parking spaces are shown as abutting the property line, and with this layout problems could occur with vehicles bumping the required fence Case: 9807-32 Page: 3 and hanging over into the right-of-way. As a result, a condition is recommended that a minimum two foot open space be maintained between the required bumper curb and the property line. One concern is the potential impact a paved parking lot can have on surrounding property. Paving will increase the rate of water runoff. Water runoffwill need to be directed into appropriate facilities and not onto adjacent property. Note that the Department of Public Works will need to review and approve drainage and grading plans. All lighting of the parking lot will need to be shaded or diffused to reflect the light away from the adjoining property. Compliance with Ci~ Comprehensive Plan: The City Comprehensive Plan designates this area for high density residential development. The proposal does not impact the goals and objectives of the Comprehensive Plan. Summa~_ : The positive aspects of this proposal are as follows: 1. The parking lot will provide needed parking opportunities in the area. 2. Provided the site is adequately screened, the site can serve as a buffer between the industrial uses and nearby residential properties. The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to this proposal. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit to an off-street parking lot in the R-3 District, subject to the conditions listed in the recommended motion. Recommended A¥o tion: Move to recommend City Council approval of the Conditional Use Permit to allow off-street parking in the R-3 District at 3856 Quincy Street, subject to the following conditions: 1. Ownership of the property shall be transferred to the applicant; 2. All required state and local codes will be met and in full compliance; 3. All lighting used to illuminate the off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff; 4. A fence, not over 6 feet high nor less than 3 ~A feet high, shall be erected along the property line abutting a residential district and shall be at least 50% opaque; 5. A bumper curb of 5-7 inches high, is required around the perimeter of parking area; 6. There shall be a minimum of two feet open space maintained between the bumper curb surrounding the parking area and the property line; 7. Driveways shall not exceed 6% and the parking lot shall be graded according to a drainage plan which has been approved by the Department of Public Works; Case: 9807-32 Page: 4 8. The maximum slope of any banks shall be 1:3 (1 is vertical and 3 is horizontal); 9. The parking lot will need to be striped and parking stalls are required to be 9' x 20'. Attachments: ,- Completed application form, site plan, surrounding area map, and Public Notice CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Condi:ional Use Permit Subdivision Approval Site Plan Approval O:her JUN Il 19S8 Application Date: :.,. ,,o, q_2o7 - & ' 2. 'Legal Description of Subject Property: e Z chine: Applicable City Ordinance Number Sec:ion Present Zoning R3 Proposed Zoning Present Use ~/h.~ /~ <&~/,'/d O~-~.~--~/~ Lc-~roposed Use ~ Exhibits Submitted (maps, diagrams, etc.) AcknowledMment and Signature: The undersigned hereby represents upon all of :he 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 men=ioned will be done in accordance with the Ordinances of the City of Columbia Heights ~nd %ha La~s ~f %he $~a%e of Minnesota. Signature of Applican:, ~ ~ ~"~x.,~$~a-,.,~ ~-~-¢ j~ Date: ~ /// / ~¢ 06:l& FAX 612 477 5302 REID PAVING CO Oty of Address Book Address Book - First Revision SE 1/4 Section 35 4x~4 , ~4o,0 ~,o~, ~l~o,~, I 4o~0 ~ 4021 4022 (--91.n.~. 409'~ O, ' 40~'~ '~'!4021 !4022 , .~, I s~:'~> 3~4g ', 3944 39~AVF_. 3t701 635 3900 ~14054 404'7 i , 4041.I 4040 ...~' 831 1[ 843 ;gi4000 [4016 3935 ,,,3977 3923 [ 3922 3~ ~[3914 !3902 [3906 !3901 '18900 ~ ;3952 3923 113924 3915 ! 3912 620 636 ,.0... 3829 3815 '6~0 660 674 637 637 4i ~(~v j ~ I t l avna ~ ~1 ' Date: ~/13/19~$ Ci~ o/Columbia Heigtz~ C~- E, ngineerfrrg- Po/ice :t ~>~,::tLomoon' C'Z~,~I~TA~C;~ ~,ve~:ce~f~'Cc~umCia ~",~m('rmc~am,acw~)~P,anSicjnt LU:;. Page: i5 , C ,TY OF COLUMBIA HEIGHTS (I--) 590 40TH AVENUE: N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION MEMBERS Maria/ne Szurek, Chair JaI~e~ Fowler Gao/Peterson { Tom Rarnsdell ; ~ 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 at 590 40th Avenue NE at 7:00 p.m. on Tuesday, July 7, 1998. The order of business is as follows: A request for a Conditional Use Permit to convert a vacant parcel into an off-street parking lot in the R-3, Multiple Family Residential zoning district at 3856 Quincy Street. Section 9.109(2)(k) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for off-street parking in the R-3 zoning district. The proposed parking lot will provide additional off-street parking for businesses located at 701 39th Avenue NE and 715 39~h Avenue NE. 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 jh 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.) THE CI~-Y OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meetin~ of: July 13, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ~'-/ 0 t h e r Bu$ i ne s s Communitvr Develor)ment, APPROVAL ITEM: Conditional Use Permit '~. C, 3~ BY: Joe Hollman~i~lt NO: Case # 9807-36, 5098 Central Ave. DATE: July 8, 1998 Issue Statement: The applicant requests a Conditional Use Permit to open a Papa John's Pizza prepared food delivery establishment in the former Athenian Gyro's Restaurant at 5098 Central Avenue NE. Background: According to the written summary submitted with the application, this will only be used for delivery and carry-out, and will not include any customer dine-in seating. The general hours of operation are between 11:00 AM and 11:00 PM Sunday through Thursday, and between 11:00 AM and 1:00 AM on Friday and Saturday. Please see the attached summary of proposed use for a description of the improvements to be made on the property. The proposal requires 8 parking spaces for the prepared food delivery establishment, and the site plan indicates a total of 19 parking spaces. However, 7 of these spaces are located adjacent to the north property line along 51st Avenue. This area is considered the front yard for the property. Section 9.116 of the Zoning Ordinance requires that parking areas meet front yard setback requirements. Considering that this property has been vacant for over 6 months, a variance will be needed to keep the parking in this location. The applicant has agreed to remove these spaces and provide the required curb and landscaping. Also, the site plan indicates that there wilt be two light poles erected which are shown in the pubhc right-of- way on the site plan. These ~vill need to be relocated onto the subject parcel. The Planning and Zoning Commission held a Public Hearing for the request on July 7. They voted unanimously to approve the site plan and to recommend City Council approval of the Conditional Use Permit, subject to the conditions listed in the recommended motion. Please find the following information attached: Staff Report to the Planning and Zoning Commission; Completed application form; Summary of Proposed Use; site plan; and diagrams of proposed signs. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation ora Papa John's Pizza Prepared Food Delivery Establishment in the Retail Business Zoning District at 5098 Central Avenue, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance. 2. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3. The nexv light poles shown on the site plan shall be relocated from the right-of-xvay onto the site, and light directed onto adjoining properties and public streets shall not exceed three (3) foot candles, and a lighting plan will need to be reviewed and approved by staff. 4. The seven (7) parking spaces along the northern property boundary will need to be brought into compliance through removal. 5. A bumper curb of 5-7 inches high shall be provided around the perimeter of the parking area. 6. Screening shall be provided along the residential property boundary to the ~vest of the subject parcel. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS (l") 590 40TH AVENUE N.I='., COLUMBIA HEIGHTS, MN 55421-3878 (61,2) '782-2800 TDD 782-2806 Cas~: 9~07-3~ Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JULY 7, 1998 PUBLIC HEARING Case #: 9807-36 Owner: Address: Phone: Parcel Address: 5098 Central Avenue Zoning: RB, Retail Business Comprehensive Plan: C - Commercial GENERAL INFORMATION Oscar J. Dodek Family Trust Applicant: Bethesda, MD Minnesota Pizza Co. LLC 5151 Edina Industrial Blvd. Edina, IvlN 835-7220 Surrounding Zoning and Land Uses: North: RB Zoning Land Use North: Commercial South: RB South: Commercial East: RB East: Commercial West: KB West: Residential BACKGROUND Explanation of Request: The applicant requests site plan approval and a Conditional Use Permit to open a Papa John's Pizza prepared food delivery establishment in the former Athenian Gyro's Restaurant at 5098 Central Avenue NE. According to the written summary submitted with the application, this wilt only be used for delivery and carry-out, and will not include any customer dine-in seating. The general hours of operation are between 11:00 AM and 11:00 PM Sunday through Thursday, and between t 1:00 AM and 1:00 AM on Friday and Saturday. Please see the attached summary of proposed use for a description of the improvements to be made on the property. Case Histo~_ : Case #9506-18 was the most recent case on the site and was a request for a Conditional Use Permit for the operation ora delL/sandwich restaurant which was approved. THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILItY IN EMPLOYMENT or THE PROVISION Of SERVICES Case: 9806-26 Page: 2 ANALYSIS Surrounding Proper_ty: The surrounding property in all four directions is zoned RB, Retail Business. The surrounding property to the north, south, and east is used commercially while the property to the west is a nonconforming residential use. Reuse of this building will enhance the character of the surrounding property. Technical Review: According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). Essentially, a prepared food delivery establishment is an operation where food is prepared for sale and consumption, and no food or beverage can be consumed by customers upon the premises. Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet - subject parcel is 130 feet wide; · Lot Area shall be at least 6,000 square feet - subject parcel is 17,550 square feet; · Front Yard Setback shall be 15 feet - ex/sting structure exceeds this requirement; · There shall be at least one 10 foot side yard, the other side yard can be zero feet - the western side yard on the property is about 25 feet; ,, Rear Yard Setback shall be 10 feet - ex/sting building is 10 feet offthe rear property line; The floor area ratio shall not exceed 1.0 - the property has a floor area ratio of approximately. 1, which exceeds this requirement; · Need minimum frontage of 40 feet - subject parcel has 130 feet of frontage along 5 1st Ave. Parking and Loading: Parking for a prepared food delivery establishment is at least one (1) parking space for each 180 square feet of gross floor area. The gross floor area of the building is 1,590 square feet which requires eight (8) parking spaces. One (1) handicap accessible space is required for every 25 regular spaces and one is shown offthe northeast comer of the building. This space will need to be van accessible and it does meet dimensional requirements for a van accessible space. Note that the signage designating it as a van accessible space will need to meet code requirements. The site plan indicates that 7 spaces are located adjacent to the north property line along Avenue. This area is considered the front yard for the property. Section 9.116 of the Zoning Ordinance requires that parking areas meet front yard setback requirements. Considering that this property has been vacant for over 6 months, a variance will be needed to keep the parking in this location. One alternative worth exploring is the potential to remove those parking spaces as they are not needed to meet requirements. Loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores at least one berth for Case: 9806-26 Page: 3 each building having 2,500 - 6,000 square feet. on the west end of the building. There is a loading berth indicated on the site plan Circulation: The site will continue to utilize the existing ingress/egress routes. The site does not require a large amount of parking spaces and there appears to be ample room in the lot for safe vehicle movement. Landscaping/Screening: All open off-street parking areas shall provide a bumper curb of 5-7 inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. Also, a curb of 5-7 inches high is required along the front yard setback line, and grass or planting shall occupy the space between the right-of-way line and curb. If the parking remains in the front yard, a variance from this requirement will be needed. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. The site plan indicates an enclosed area off the southwest corner of the building for storage of refuse. Also, where any business is adjacent to a residential use, that business shall provide screening along the boundary of the residential property. Screening can be accomplished by a privacy fence that is not less than 50% opaque, or it can be accomplished by providing plantings along the residential property. Lighting: All lighting used to illuminate an off-street parkingarea shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. Also, glare of an intensity exceeding three (3) foot-candles at the boundary of the site, directed onto adjoining properties or onto a public street shall not be permitted. The site plan indicates two (2) new parking lot lights which are shown in the public right-of-way. These will need to be relocated within the private property lines. A lighting plan will need to be submitted, reviewed and approved by staff during the building permit review and approval process. Other: The site plan does not indicate any areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage, but it appears that the site contains enough space for snow storage. Signage information submitted with the application indicates that the existing pylon sign will be utilized and will contain 72 square feet of signage which meets the required maximum of 75 square feet for pylon signs. Also, the site plan indicates that the sign is located 16 feet south of the front property line which exceeds the 15 foot front yard setback requirement. There are two (2) 40 square foot wall signs proposed. The maximum amount of wall signage can not exceed 100 square feet and the proposal meets this requirement. Compliance with Ci_tv Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, so the proposal is consistent with the City Comprehensive Plan. Summary: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan. 2. Reuse of the building will enhance the character of the surrounding area. The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to this proposal. CONCLUSION Stqff Recommendation: Staffrecommends approval of the Site Plan Review provided the parking along the northern edge of the building be brought into compliance. Staff also recommends approval of the Conditional Use Permit for a Papa John's Pizza Prepared Food Delivery Establishment in the RB, Retail Business District, subject to the conditions listed in the recommended motion. Recommended Motions: Move to approve the Site Plan to allow the operation of a Papa John's Pizza Prepared Food Delivery Establishment in the Retail Business Zoning District at 5098 Central Avenue, provided the 7 parking spaces along the northern edge of the property be brought into compliance through removal or application for variances will need to be made. Move to recommend City Council approval of the Conditional Use Permit to allow the operation of a Papa John's Pizza Prepared Food Delivery Establishment in the Retail Business Zoning District at 5098 Central Avenue, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance. 2. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3. The new light poles shown on the site plan shall be relocated from the right-of-way onto the site, and light directed onto adjoining properties and public streets shall not exceed three (3) foot candles, and a lighting plan wilt need to be reviewed and approved by staff. 4. The seven (7) parking spaces along the northern property boundary will need to be brought into compliance through removal or an application for variance will need to be made. 5. A bumper curb of 5-7 inches high shall be provided around the perimeter of the parking area. 6. Screening shall be provided along the residential property boundary to the west of the subject parcel. Case: 9806-26 Page: 5 Attachments: Completed application form, Summary of Proposed Use, site plan, and diagrams of proposed signs Application For: Rezonlng Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval O~her Application Date, Fee~)~ Da~e Paid 1. Street Address of Subject Property: 2. 'Legal Description of Subject Property= Zoning: Applicable City Ordinance Number Present Zoning Present Use /.~/J;- Proposed Zoning Proposed Use 7. Reason for Request: Ac~owled~ment and $i~eture: ~e ~dersi~ed hereby represents upon all of :he penalties of law, for the pu~ose of ~ducing the City of Col~bia Heights to take the action herein requested, that all statements herein are t~e ~d that all wo~ herein mentioned will be done ~ accordance wi~h the Ordinances o£ the City of Columbia Heights / /' · Taken ~y: EXHIBIT "A'.I LEGAL DESCPdPTION OF THE PREMISES The approximately 17,000 square feet of land with a single story building at the northwest comer of Central Avenue between 50th and 51 st avenues, in Columbia Heights, Minnesota, legally described as follows: The East 251.00 feet of Lot 11, "Revised Auditor's Subdivision Number 15," Anoka County, Minnesota. Subject to: 1) an easement for 5tst Avenue Northeast over the North 30.00 feet thereof; and 2) an easement to the State of Minnesota for highway purposes over that part which lies within a distance of 121.00 feet westerly of the East line of Section 26, township 30, Range 24, Anoka County, Minnesota; 3) restricted right of access to and from Trunk Highway No. 65, except that such access rights are retained on the Northerly and Southerly 30 feet thereof, as contained in Final Certificate Document No. 199862. ~9o-~90.~ 27 Better Ingredients. Better Pizza. Summary of Proposed Use Site Address: Applicant: Contact: Business Background: Site Background: 5098 Central Avenue The Minnesota Pizza Company LLC D/B/A Papa John's Pizza 5151 Edina Industrial Blvd. Suite #650 Edina, MN 55439 Telephone: 612-835-7220 Kyle Wareing The applicant proposes to operate a Papa John's Pizza delivery and carry-out restaurant in this location. The general hours of operation are between 11:00 A.M. and t 1:00 P.M. Sunday through Thursday, and between 11:00 A.M. and 1:00 A.M. on Friday and Saturday. This operation will not include any customer dine-in seating. The staffing for this operation is modest, with the average shift consisting of three (3) persons working inside the store for food preparation and customer order taking. We are an independently owned and operated franchise currently operating thirty-three (33) similar facilities throughout the metropolitan area. The building m this site is a single-story commercial building consisting of approximately 1590 square feet. The building is currently vacant, We do not propose to make any significant alterations to the site. It is our intent to upgrade the site from its current distressed condition as follows: 1. The complete concrete exterior of the building will be re-painted in white. 2. The existing parking lot has been inspected and is deemed to be sound. We do intend to apply seal coating to the existing surface and apply new stripes as indicated on the site plan. 3. Existing concrete parking barriers will be examined for damage and replaced as necessary. 4. Two (2) new hooded parking lot lights will be added as noted on the site plan. These will be 400 watt metal-halide fixtures mounted on 20'-0" high poles. The fixture style and finish will be similar and complementary to those located at the other commercial buildings on the block. MINNESOTA PIZZA COMPANY, LLC AN INDEPENDENTLY OWNED AND OPERATED FRANCHISE 5151 EDINA INDUSTRIAL BLVD. · SUITE 650 · MINNEAPOLIS, MN 55439-3024 · PHONE (612) 835-7220 · FAX (612) 835-7307 5. The existing pylon sign pole will be painted and utilized for a new sign as indicated in the attached sign information sheets. 6. New building signage will be installed as detailed on the attached sign information sheets. 7. Existing grass areas on the western, northern and eastern sides of the property will be recovered/restored through weed control and spot seeding. 8. Existing planting beds will be cleaned and replanted as noted on the site plan. There are currently two (2) planting beds measuring 20'-0" x 20'-0" each for a total of 800 square feet. 9. Existing sidewalks around the perimeter of the building will remain, but will be steam cleaned for appearance and sanitation. 10. An enclosed trash area will be added as noted on the site plan. This fence structure wilt be approximately 10'-0" x 15'-0" x 6'-4" high. It will be painted or stained to complement the building. 11. The existing concrete retaining wall at the southern edge of the property will remain and be painted to match the structure. 12. The western edge of the property which adjoins a residential property is fenced currently as required by city code. No alterations are planned. 13. Allowance for a loading berth has been made on the western edge of the parking lot as indicated on the site plan. The parking tot will be stripped to indicate this. 14. All existing utility services will be utilized as currently installed. Additional Information and Comments: Ail of the design and engineering work for the interior renovation has been completed and work will commence immediately upon receiving all required approvals. Additional plans have been forxvarded to the following for their consideration and approval: Jodi Edwards, Metropolitan Council and Karen Casale, Anoka County Environmental Health It is our desire to receive the required approvals and complete all work on this project by no later than Friday, July 24. It is our further desire to have this location open for business on Sunday, July 26. t TOTIZI'L. P. Papa John;s~i~ Columbia Heights, Mn CtTY COUNCIJ_, LETTER Meeting of.' July 13, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ~'~ 0t he r Bkl$ T ne$$ Community Development APPROVAL ITEM: Variance "7, C, 4---) BY: Joe Hollman NO: Case # 9807-33, 3723 Polk St. DATE: July 8, 199'8 Issue Statement: The applicant requests a variance of one (1) foot from the required five (5) foot side yard setback to allow a 400 square foot addition onto an existing house. The existing house is currently four (4) feet off.the north property line and approximately one (1) foot off.the property line adjacent to the alley. It is considered legally non-conforming Background: The house is existing and considered legally nonconforming. Section 9.104(3)(h) states that normal maintenance of a building or other structure containing or related to a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non- conforming use. The proposed addition will extend the nonconformity along the side yard which is not allowed. The existing house was built in 1924 and is 640 square feet which does not meet minimum floor area requirements (1,020 square feet). The addition would improve the property and make the house 1,040 square feet which would exceed the floor area requirements. Section 9.105(3)(d) states the following: "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 rules of the zoning district." In order for a variance to be granted, hardship needs to be established. Hardship has not been demonstrated. The Planning and Zoning Commission held a Public Hearing for the request on July 7. They voted unanimously to recommend City Council denial of the variance as hardship has not been established and the addition would extend an existing nonconforming use. Please find the following information attached: Staff'Report to the Planning and Zoning Commission; completed application form; building permit application; and Public Notice. Recommended Motion: Move to deny the variance application for a 400 square foot house addition at 3723 Polk Street because hardship has not been established and the addition would extend an existing nonconforming use. COUNCIL ACTION: OF COLUMBIA HEIGHTS 590 ,40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION MEMBERS Marlaine Szurek, Chair James Fowler Gary Peterson Tom Ramsdell 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 at 590 40th Avenue NE at 7:00 p.m. on Tuesday, July 7, 1998. The order of business is as follows: A request for a Conditional Use Permit and Site Plan Approvai to allow the operation of a prepared food delivery establishment in the Retail Business Zoning District at 5098 Central Avenue. This is a proposal to revitalize the property which is the former location of the Athenian Gyro Restaurant. The proposed use is for a Papa John's Pizza to utilize the site for carry-out and delivery only. Section 9.113(2)(h) of the Retail Business Distdct section of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants, cafb, tea room, bar, prepared food outlets subject to Section 9.116(15), and prepared food delivery establishments. 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 jh 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.) THE C]3-? OF COIUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE EAS]S OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS ~90 40TH AVENUE: N.~"., COLUMBIA HEIGHTS, MN 5~421-~'7~ (612) 78~'-~'~00 TDD 782-~'806 Case: 9807-33 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JULY 7, 1998 PUBLIC HEARING Case#: 9807-33 Phone: GENERAL INFORMATION Owner: William Paul Hatten Applicant: Address: 3723 Polk St. NE Columbia Heights, MN 782-0682 Parcel Address: 3723 Polk St. NE Zoning: R-2, Two Family Residential Comprehensive Plan: LDR - Low Density Residential same Surrounding Zoning and Land Uses: Zoning North: R-2 South: R-2 East: R-2 West: R-2 Land Use North: Residential South: Residential East: Residential West: Residential BACKGROUND Explanation of Request: The applicant requests a variance of one (1) foot from the required five (5) foot side yard setback to allow a 400 square foot addition onto an existing house. The existing house is currently four (4) feet offthe north property line and approximately one (1) foot offthe property line adjacent to the alley. It is considered legally non-conforming. Case History: There are no previous Planning and Zoning Commission cases on the site. ANALYSIS Surrounding Property: The surrounding property in all four directions is zoned R-2, Two Family Residential and is used THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPOrTUNiTY EMPLOYER Case: 9807-33 Page: 2 for residential purposes. Technical Review: Single family dwellings are a permitted use in the R-2, Two Family Residential district. Section 9.108(4) of the Zoning Ordinance requires the following minimum lot area, size, and setbacks for the principal structure: Minimum lot area shall be 6,500 square feet - subject parcel is 7,392 square feet; Minimum lot width shall be 60 feet - subject parcel is 60 feet wide; ,- Minimum front yard setback shall be 25 feet - existing house and proposed addition exceed this requirement; ,. Minimum side yard setback shall be 5 feet - existing house and proposed addition are 4 feet off the side lot line which requires a variance; · Minimum rear yard setback shall be 30 feet - existing house is slightly over 1 foot from the rear lot line. The house is existing and considered legally nonconforming. Section 9.104(3)(h) states that normal maintenance of a building or other structure containing or related to a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use. The proposed addition will extend the nonconformity along the side yard which is not allowed. Another concern is that the cost of the proposed addition exceeds 50% of the fair market value of the house. Section 9.104(3)(e) states that whenever a nonconforming building or structure shall have been damaged by fire, flood, or act of God, it may be reconstructed and used as before, unless the damage to the building is 50% or more of its fair market value. Because of this restriction, it may not be in the City's best interest to allow this investment into the property. Should the variance be granted and the addition be built and if the building obtains future damage exceeding 50% of the fair market value, the building would not be allowed to be reconstructed. The property owner could come back to the City claiming that the investment into the property should not have been allowed. The existing house was built in 1924 and is 640 square feet which does not meet minimum floor area requirements (1,020 square feet). The addition would improve the property and make the house 1,040 square feet which would exceed the floor area requirements. Section 9.105(3)(d) states the following: "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 rules of the zoning district." In order for a variance to be granted, hardship needs to be established. Hardship has not been demonstrated. Case: 9807-33 Page: 3 Compliance with Ci~ Comprehensive ?lan: The City Comprehensive Plan designates this area for high density residential development. proposal does not impact the goals and objectives of the Comprehensive Plan. The Summar3: : The positive aspects of this proposal are as follows: 1. The variance would allow a 400 square foot addition which would improve the property and make the house 1,040 square feet which would exceed the minimum floor area requirements. The negative aspects of this proposal are as follows: 1. The Zoning Ordinance does not allow the extension or intensification of nonconforming uses. The proposal will extend the nonconforming building along the side lot line. 2. Hardship has not been established. CONCLUSION oeta_f_f J~ecommendation: Staff recommends denial of the variance because hardship has not been established and the addition would extend an existing nonconforming use. Recommended ~fotion: Move to recommend City Council denial of the variance application for a 400 square foot house addition at 3 723 Polk Street because hardship has not been established and the addition would extend an existing nonconforming use. Attachments: · Completed application form, building permit application, and public notice. Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUMBIA HEIGHTS Case No: ~ Fee .' Date Paid 1. Street Address 0£ Subject Property: 2. Legal Description of Subjec: Property: Applicant: Phone: Z onin.~: Applicable City Ordinance Number Present Zoning Section Proposed Zoning Proposed Use ~" ?. Reason for Request: 8. Exhibits Submitted (maps, diagrams, etc.) e Acknowledgment and SiKnature: The understTned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take :he action herein requested, that all statements herein are true and that all work herein of the City of Columbia Heights mentioned will be done in accordance w~i~h/the Ordinances and the laws of the $~ate oFi~ Signa,ure ofApp!ic,nt: //~'~///~g~-- Taken By:_ ~HE OF TE~NT/OCCUPANT (i~ different from above); ~~ Phone ls Contractor L~censed by: Col.Ngts Valuation of Job or Bid Pr[ca: $ EXPLAIN TYPE OF WORK TO BE DONE: Address: State: //~ Phone # or sta' e of L c.nse # if roofing, # of squares of material ~ ; # of layers of exlst[ng roofing If sprinkler system, # of heads altered/added ~/gT ; # of standpipes /do~- accessory buildings, decks or building additions, draw a site plan below showing the location of existing buildings and s:ruc:ures on lot and-distances to property lines bath to I----'-- ?.0 ------ r APPLI~NT SIGNATURE: DATE: ~U I LDING 1 NSP~CTOR ~ I GNATUR~; APPROVAL DEN IAL OTHER CITY DEPT. APPROVAL: DATE: APPROVAL DENIAL =erm~: Fee: Plan Rev[aw Fee: Surcharge: CiTY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION MEMBERS Ma~aJne ~zu~k, Chai~ James Fowler Gary Peterson ~ Tom Ramsdell ~ NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public headng in the City Council Chambers of City Hall at 590 40th Avenue NE at 7:00 p.m. on Tuesday, July 7, 1998. The order of business is as follows: A request for a vadance to Section 9.108(4) of the Columbia Heights Zoning Ordinance which requires a minimum five (5) foot side yard setback for principal structures in the R-2, Two Family Residential zoning district. The proposal is to construct a 400 square foot addition onto an existing dwelling at 3723 Polk Street four (4) feet from the property line which requires a vadance of one (1) foot. 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 jh 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.) THE CiTY OF COLUME~IA HEIGHTS DOES NOT DISCF~IMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCI2L LETTER Meeting of: July 13, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: -"7 Other BCisi ness Communit~ Development APPROVAL ~ ,, iTEM:Variance -"~. C~. ¢) BY: JoeHollman~/~ BY:~,~~~~,~,~'' NO: Case # 9807-34, 4015 Stinson Blvd. DATE: July 8, 199'8 Issue Statement: The applicant requests a variance to Section 9.104(5) of the Columbia Heights Zoning Ordinance. The proposal is to demolish the existing home and build a new single family dwelling while leaving the remaining structures of the property intact at 4015 Stinson Blvd. which is zoned R-1, Single Family Residential. Background: Section 9.104(5)(3) requires that no combination of accessory structures can exceed 1,000 square feet. The total square footage of all existing and proposed accessory structures on the lot is 3,072 square feet which requires a variance of 2,072 square feet. The proposed new construction meets all requirements of the Zoning Ordinance with the exception of those accessory structure issues identified above. Setbacks, floor area requirements, and lot coverage requirements are all being met. Currently, the property has the folloxxdng accessory structures: One 462 square foot garage (21' x 22'); One 154 square foot shed (7' x 22'); and, a 576 square foot guest cabin. The driveway to the existing garage will be removed and the structure will be converted into an accessory storage building. The proposal indicates that a ne~v two-level attached garage will be constructed, totaling 1,880 square feet (940 square feet per level). The combination of all existing and proposed accessory structures is 3,072 square feet. As mentioned above, the total square footage allowed of all accessory structures including attached garages is 1,000 square feet. This requires a variance of 2,072 square feet. Section 9.105(3)(d) states the following: "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 x~dthin the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. The applicants demonstrated that due to the topography on the lot a m,o story garage is necessary, or a large amount of fill ~vill need to be brought in to elevate the main floor of the garage to the same level as the house. Also, if the existing accessory structures are required to be removed, there will be a substantial loss of existing trees and shrubbery on the subject parcel and adjacent property. The Planning and Zoning Commission held a Public Hearing for the request on July 7. They voted unanimously to recommend City Council approval of the variance of 2,072 square feet as hardship due to unusual topography and loss of trees and shrubbery around the existing garage including on adjacent property. Note that the adjacent property owners were present to support the variance application. Please find the follo~xqng information attached: Staff Report to the Planning and Zoning Commission; completed application form, existing and proposed site plans, letters of support, and public notice. Recommended Motion: Move to approve the variance of 2,072 square feet at 4015 Stinson Boulevard as the unusual topography and potential loss of trees and shrubbery around the existing garage create a hardship. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS (1-') 590 40TH AVENUe N.E., COLUMBIA H£1GHT$, MN 55421-3878 (612) 782-2800 TDD 782-2806 Case: 9807-34 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JULY 7, 1998 PUBLIC HEARING Case'S: 9807-34 GENERAL INFORMATION Lesa Murlowski 4015 Stinson Blvd Columbia Heights, MN 786-1300 Owner: Address: Phone: Parcel Address: 4015 Stinson Blvd. Zoning: R-I, Single Family Residential Comprehensive Plan: LDR - Low Density Residential Surrounding Zoning and Land Uses: Zoning North: R-1 South: R-1 East: R- 1 West: R-1 Applicant: same Land Use North: Silver Lake South: Residential East: Residential West: Residential BACKGROUND Explanation of Request: The applicant requests two (2) variances to Section 9.104(5) of the Columbia Heights Zoning Ordinance. The proposal is to demolish the existing home and build a new single family dwelling while leaving the remaining structures of the property intact at 4015 Stinson Blvd. which is zoned R-1, Single Family Residential. Section 9.104(5)(3) requires that no combination of accessory structures can exceed 1,000 square feet. The total square footage of ail existing and proposed accessory structures on the lot is 3,072 square feet which requires a variance of 2,072 square feet. Section 9.104(5)(4) requires that within any "R-1" single family residential zoning district, private garages are limited in number to only one (1). The proposal includes a newly constructed THE C[~-~ OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILI~-¥ IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNi~Y EMPLOYER Case: 9807-34 Page: 2 attached private garage which will be in addition to the existing detached private garage. will require a variance of one (1) additional private garage. This Case Histo~_ : There are no previous Planning and Zoning Cornrnission cases on this site. However, there is a guest house on the property that has been the subject of concern in past years. The guest cabin has been the subject of complaints in previous years. Note that in 1980 a letter was written by the City Planner to the Mayor addressing the cabin. In summary, that letter stated that the cabin was grand-fathered in as it was allowed under the former code, and as long as compensation was not being paid by individuals living in the cabin the use could remain. The letter concluded that because the cabin has existed for many years and is not a detriment to the City's land use zoning laws, there was no rationale to pursue the matter further. Note that the cabin contains a living room, kitchen, one bedroom, and one three fixture bathroom. The original cabin was built in 1918 and was 336 square feet. In 1969 the City Council approved a permit to remodel and construct a 240 square foot addition onto the guest cabin. This cabin is considered an accessory structure and is included in the calculation for total square footage of all accessory structures. ANALYSIS Surrounding ProperS: The surrounding property in all four directions is zoned R-l, Single Family Residential. Silver Lake abuts the subject parcel on the north end while the property on the east, west, and south is used for residential purposes. Please see the attached letters of support from the adjacent property owners on the east and west. Technical Review: The proposed new construction meets all requirements of the Zoning Ordinance with the exception of those accessory structure issues identified above. Setbacks, floor area requirements, and lot coverage requirements are all being met. Currently, the property has the following accessory structures: · One 462 square foot garage (21'x 22'); · One 154 square foot shed (7' x 22'); and, · A 576 square foot guest cabin. The proposal indicates that a two-level attached garage will be constructed, totaling 1,880 square feet (940 square feet per level). The combination of all existing and proposed accessory structures is 3,072 square feet. As mentioned above, the total square footage allowed of all accessory structures including attached garages is 1,000 square feet. This requires a variance of 2,072 square feet. Also, only one (1) private garage is allowed in the R-1 zoning district, but the proposal indicates that the existing garage wilt remain and a new garage will be constructed. This will also require a variance of one additional private garage. Case: 9807-34 Page: 3 The husband of the applicant has stated that they would be willing to remove the driveway to the existing garage and use that building only for the storage of boats, dock, etc. If this were accomplished, the building would no longer be considered a garage, but rather an accessory storage building. This would alleviate the need for the variance to allow two (2) private garages in the R-1 zoning district. However, the total square footage of all accessory structures is still an issue. Section 9.105(3)(d) states the following: "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 rules of the zoning district." In order for a variance to be granted, hardship needs to be established. Based on the strict interpretation of the definition, staff has not been able to determine a hardship. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for high density residential development. The proposal does not impact the goals and objectives of the Comprehensive Plan. Summary: The positive aspects of this proposal are as follows: 1. The variance would allow the addition of the two-level attached garage which would provide a large amount of indoor storage space for vehicles, boats, etc. rather than outdoor storage which can be unsightly. 2. All other requirements of the Zoning Ordinance including setbacks, floor area, and tot coverage are met. The negative aspects of this proposal are as follows: 1. Hardship has not been demonstrated. CONCLUSION Sta[£ Recommendation: Staff.recommends denial of both variances as hardship has not been established. Note that the house can still be constructed, but without the attached private garage should the variance be denied. Recommended Motion: Move to recommend City Council denial of the variance requests because hardship has not been established. Attachments: ,- Completed application form, existing and proposed site plans, letters of support, and public notice CITY OF COLUMBIA NEIG~T$ Appliaation For: ~ezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Street Address of Subject Property! Legal Description of Subje¢: Property: O%rn e Name Address: Phone: Descri9%ion of R. quest: ~ ~~ /l - Z on,in K: Applicable City Ordinance Number Present Use ~ ;~k{~ Reason for Request: Proposed ZoninE Proposed U~e ~" F-~hibi=$ Submiuted (maps, diagrams, Ackno~!edKment and Signature:' The undersigned hereby repr~$enus upon penalties of law, for the purpose of inducing the City of Columbia Zexg~.:~ action herein requested, that all s=atements herein are u~-ue and una% men%ioned wall be done in accordance wi:h =he Ordinances of uhe C~u7 NiEDEGA_A_RD CUSTOM I"IO S 1814 NOP, THDALE BLVD. COON R,,M='ID$, ,MN .~$4.48 (612 757-2926 FAX 757-0649 June 18, 1998 To Columbia Heights Planning Commission: I am writing a letter in regards to a variance request that the Murlowski's at 4015 Stinson Blvd., Columbia Heights are planning. We have no objections to this variance request. We feel this will be a great benefit to the neighborhood and feel the accessory buildings are fine base on the size of their lot and our lot. We each as neighbors have one acre lots and we feet the accessory buildings make for a nice buffer between our lots. We would recommend that the Planning Commission would approve this variance request. ,.~Thank You, Bruce & Ctaudia~edegaard 4025 Stinson Blvd. Columbia Heights, MN 55421 A DIVISION OF NEDEGA.AAD CONSTRUCTION COMPANY, INC. LIC. NO. 0002068 TOTAL P.~ CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55,4.21 -3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION MEMBER3 James Fowler Gary Peterson Tom Rarnsdell NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public headng in the City Council Chambers of City Hall at 590 40th Avenue NE at 7:00 p.m. on Tuesday, July 7, 1998. The order of business is as follows: A request for two (2) variances to Section 9.104(5) of the Columbia Heights Zoning Ordinance. The proposal is to demolish the existing home and build a new single family dwelling while leaving the remaining structures of the property intact at 4015 Stinson Blvd. which is zoned R-l, Single Family Residential. Section 9.104(5)(3) requires that no combination of accessory structures can exceed 1,000 square feet. The total square footage of all existing and proposed accessory structures on the lot is 3,072 square feet which requires a variance of 2,072 square feet. Section 9.104(5)(4) requires that within any "R-l" single family residential zoning district, private garages are limited in number to only one (1). The proposal includes a newly constructed attached private garage which will be in addition to the existing detached private garage. This will require a vadance of one (1) additional private garage. 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 jh 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.) THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: July 13, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ~ 0the r Bt~s T ne$s Communit iTEM:Variance '-7, C, ~) BY: JoeHollma~~ NO: Case # 9807-35, 4757 Central Ave. DATE: July 8, 1998 Issue Statement: The applicant requests a variance to allow parking in the fr'0nt yard in the RB, Retail Business District at 4757 Central Avenue NE. Section 9.116 of the Zoning Ordinance requires that parking areas meet front yard setback requirements which is 15 feet in the RB District. Background: This is a request for three variances to Section 9.116 of the Columbia Heights Zoning Ordinance to allo~v parking in the front yard at 4757 Central Avenue which is the location for a future Subway/TCBY Restaurant. Section 9.116(2)(d) requires that parking and loading areas are subject to required front yards according to the district in which such parking is located. The property at 4757 Central Avenue is zoned RB, Retail Business which has a front yard setback of 15 feet. The proposal is to keep 10 existing parking spaces in the front yard which will require a variance. Section 9.116(3)(e) requires that a curb of 5-7 inches high be required along the front yard setback line, and grass or planting shall occupy the space between the fight-of-way line and curb. A variance will be needed to keep 10 parking spaces in the front yard rather than the required curb and landscaping. Section 9.116(2)(h) requires that parking spaces shall not be less than nine (9) feet xvide and twenty (20) feet in length. The proposal is to maintain 10 existing parking spaces that are nine (9) feet wide and 15 feet in length. A variance of five (5) feet is needed to keep these spaces 15 feet in length rather than the required 20 feet. Section 9.105(3)(d} states the folloxving: "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 ox~mer of such lot would have an undue hardship in using his lot in a manner customary and legally permissible ~vithin the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. It would appear that due to the shape of the lot and the existing built nature of the property that a hardship does exist which prevents a desirable parking layout in this particular area of the lot. Also, the topography restricts the flow of traffic. There is not room between the existing building and the retaining wall on the south side of the property to allow traffic to circulate around the building. Because of the location of the existing building on the lot in relation to the front property line there is not enough room to have two areas for 90 degree parking at the required 9' x 20' dimensions and still maintain a safe drive aisle, Although, there are concerns about alloxving the 12 substandard parking spaces to remain will perpetuate an undesirable and potentially unsafe design. The Planning and Zoning Commission held a Public Heating for the request on Jul3, 7. The5' voted unanimously to recommend City Council approval of the variances as the shape of the lot and topography create a hardship. Also, this is an existing condition and seems to have functioned adequately in the past. There was one neighboring property owner present who supported the proposal. Please find the following information attached: Staff Report to the Planning and Zoning Commission; completed application form; site plan; and public notice. Recommended Motions: Move to approve the variance of I0 parking spaces to keep the existing parking spaces in the front yard at 4757 Central Avenue rather than the required curb and landscaping because shape of the lot and topography create a hardship. Move to recommend City Council approval of the variance of five (5) feet to maintain 10 existing parking spaces that are nine (9) feet wide and 15 feet in length because shape of the lot and topography create a hardship. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 590 40TH AVENUe N,E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Case: 9807-35 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JULY 7, 1998 PUBLIC HEARING Case#: 9807-35 Owner: Larry MacDonald Address: 2501 Central Ave. NE Minneapolis, MN 55318 Phone: 789-4989 Parcel Address: 4757 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial GENERAL INFORMATION Applicant: Larry MacDonald 2501 Central Ave. NE Minneapolis, MN 55318 789-4989 Surrounding Zoning and Land Uses: Zoning North: PCB Land Use North: Commercial South: KB South: Commercial East: KB East: Commercial West: Hilltop West: Commercial BACKGROUND Explanation of Request: The applicant requests a variance to allow parking in the front yard in the KB, Retail Business District at 4757 Central Avenue NE. Section 9.116 of the Zoning Ordinance requires that park/ng areas meet front yard setback requirements which is 15 feet in the RB District. Case Histo~_ : There have been three (3) pertinent zoning cases on the property. Case 8903-06 was a Conditional Use Permit to allow the remodel and operation of a 163 seat restaurant and Case 8905-17 was a Site Plan Approval to allow the construction ora 10' x 32' addition to the rear of the building. Case 9806-26 was a request for a Conditional Use Permit and Site Plan approval which were heard and approved by the Planning and Zoning Commission and City Council in June. THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OW DISABILITY IN EMPLOYMENT Or THE PROVISION OF SERVICES EQUAL OPPOrTUNItY EMPLOYEr Case: 9807-35 Page: 2 ANALYSIS Surrounding Property: The surrounding property on the north, south and east is zoned RB, Retail Business and is used commercially. The properly to the west is in the City of Hilltop and is used commercially. This site contains the former Peaking Palace Restaurant. Technical Review: This is a request for three variances to Section 9.116 of the Columbia Heights Zoning Ordinance to allow parking in the front yard at 4757 Central Avenue which is the location for a future Subway/TCBY Restaurant. Section 9.116(2)(d) requires that parking and loading areas are subject to required front yards according to the district in which such parking is located. The property at 4757 Central Avenue is zoned RB, Retail Business which has a front yard setback of 15 feet. The proposal is to keep 12 existing parking spaces in the front yard which will require a variance. Section 9.116(3)(e) requires that a curb of 5-7 inches high be required along the front yard setback line, and grass or planting shall occupy the space between the right-of-way line and curb. A variance will be needed to keep the 12 parking spaces in the front yard rather than the required curb and landscaping. Section 9.116(2)(h) requires that parking spaces shall not be less than nine (9) feet wide and twenty (20) feet in length. The proposal is to maintain 12 ex/sting parking spaces that are nine (9) feet wide and 15 feet in length. A variance of five (5) feet is needed to keep these spaces 15 feet in length rather than the required 20 feet. One of the conditions of the site plan approval in Case 9806-26 was for the 12 parking spaces along the western edge of the property be brought into compliance through removal and relocation, or an application for variances would need to be made. The applicant has determined that applying for a variance is the best option. The required dimensions ora parking space are 9' x 20'. There are 12 spaces with 9' x 15' dimensions located along the western property line. If the dimensions are extended to meet the 9' x 20' requirement an 18' drive aisle wilt be created which is narrow for 90 degree parking design. Typically, a 22 or 24 foot aisle is desired. Note that the Zoning Ordinance does not regulate the width of drive aisles. One alternative that was suggested is the potential to remove and relocate those parking spaces on the site. The 12 spaces are not needed for this proposal, but will more than likely be needed for future tenants. The applicant has determined that the parking wilt be needed, not only to serve future tenants, but also to attract potential tenants. Another requirement is that a curb of 5-7 inches high is required along the front yard setback line, Case: 9807-35 Page: 3 and grass or planting shall occupy the space between the fight-of-way line and curb. Should the variance to allow parking in the front yard be granted, this requirement will also need a variance. Note that this is the parking layout which was used by previous tenants in the building and it appears that traffic circulation on the lot flowed without any significant problems. However, the Subway/TCBY has a higher turnover of vehicles than the previous restaurants at this site which creates concerns regarding the narrow drive aisle between parking spaces. Section 9.105(3)(d) states the following: "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 rules of the zoning district." In order for a variance to be granted, hardship needs to be established. It would appear that due to the shape of the lot and the existing built nature of the property that a hardship does exist which prevents a desirable parking layout in this particular area of the lot. Also, the topography restricts the flow of traffic. There is not room between the existing building and the retaining wall on the south side of the property to allow traffic to circulate around the building. Because of the location of the existing building on the lot in relation to the front property line there is not enough room to have two areas for 90 degree parking at the required 9' x 20' dimensions and still maintain a safe drive aisle. Compliance with CiG Comprehensive ?tan: The City Comprehensive Plan designates this area for future Commercial development. However, this variance request does not impact the goals and objectives of the Plan. The positive aspects of this proposal are as follows: 1. Allowing the parking spaces to remain in their present location may make the remaining space in the building more desirable for potential tenants. 2. Allowing the parking spaces to remain in their present location will give the property a layout that is consistent with many of the other commercial properties along Central Avenue. The negative aspects of this proposal are as follows: 1. Allowing the parking spaces to remain in their present location will perpetuate an undesirable design. CONCLUSION Stqf_f Recommendations: The City Planner recommends approval of the three variance requests to allow the 12 parking spaces to remain in the front yard as this is an existing condition and appears to have functioned adequately in the past. Case: 9807-35 Page: 4 The Community Development Director recommends denial of the three variance requests because allowing the 12 substandard parking spaces to remain will perpetuate an undesirable and potentially unsafe design. If the parking spaces were expanded to the required 9' x 20' dimensions, there would not be an adequate access aisle and internal traffic circulation would be restricted. Recommended 3dotions: Move to recommend City Council approval of the variance of 12 parking spaces to keep the existing parking spaces in the front yard at 4757 Central Avenue rather than the required curb and landscaping because shape of the lot and topography create a hardship. Move to recommend City Council approval of the variance of five (5) feet to maintain 12 existing parking spaces that are nine (9) feet wide and 15 feet in length because shape of the lot and topography create a hardship. g lternative g/lotion: Move to recommend City Council denial of the variance request to allow the 12 substandard parking spaces to remain in the front yard rather than the required curb and landscaping because the variance will perpetuate an undesirable and potentially unsafe design. Attachments: Completed application form, site plan and public notice CITY OF COLUMBIA NEIGHTS Application For: Rezonin§ Variance Privacy Fence ¢onditionai Use Permit Subdivision Approval Site Plan Approval Other Fee: ~/D~. ~ Date Paid Receipt No: 3?l!u/ Applicant Name: t~ Address: Name: Address: Phone: 5. Description of Request: ZoninK: Applicable City Ordinance Number~ Present Zoning ~g Present Use Section Proposed Zoning, Proposed Use 7. Reason for Request: 8. Exhibits Submitted (maps, diagrams, etc.) Ac~owled~ment and $i~ature: ~e ~dersi~ed hereby represents upon all of the penalties of law, for :he pu~ose of ~duc~g the City of Col~bia Heights =o take the action herein requested, :hat all statements here~ are =~e and that all work herein mentioned will be done ~ accordance wi:h the Ordnances of the City of Columbia Heights $i~ature of Applicant:~--~ ~.~~ ..... Da:e: 1'~' /7 WALL CiTY OF COLUMBIA HEIGHTS (]'") 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION MEMBERS Mada/ne Szurek~ Chair James Fowler Gary Peterson Tom Ramsde~l NOTICE Of PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public headng in the City Council Chambers of City Hall at 590 40th Avenue NE at 7:00 p.m. on Tuesday, July 7, 1998. The order of business is as follows: A request for three variances to Section 9.116 of the Columbia Heights Zoning Ordinance to allow parking in the front yard at 4757 Central Avenue which is the location for a future SubwayFFCBY Restaurant. Section 9.116(2)(d) requires that parking and loading areas are subject to required front yards according to the distdct in which such parking is located. The property at 4757 Central Avenue is zoned RB, Retail Business which has a front yard setback of 15 feet. The proposal is to keep 12 existing parking spaces in the front yard which will require a variance. Section 9.1 t6(3)(e) requires that a curb of 5-7 inches high be required along the front yard setback line, and grass or planting shall occupy the space between the right-of-way line and curb. A variance will be needed to keep the 12 parking spaces in the front yard rather than the required curb and landscaping. Section 9.116(2)(h) requires that parking spaces shall not be less than nine (9) feet wide and twenty (20) feet in length. The proposal is to maintain 12 existing parking spaces that are nine (9) feet wide and 15 feet in length. A vadance of five (5) feet is needed to keep these spaces 15 feet in length rather than the required 20 feet. 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 jh 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.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION O~ SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIJb LETTER Meeting of: July 13, 1998 AGENDA SECTION: I, TEHS FOP, CONSIDERATIOt ORIGINATING DEPT. : CITY MANAGER NO: ~'7 Other Buslness Community Development APPRg¥,AL . . ITEM: Complete Count Committee for Census BY: Joe Hollmar~'//~~'- BY: 2000 DATE: July 8, 1998 '7.o 7) Issue Statement: The Census Bureau is looking to improve the way it conducts the census in the year 2000. The formation of Complete Count Committees is one way to improve the process. Background: The Census Bureau is mandated by the U.S. Constitution to take a census every ten years. Local governments can significantly enhance Census Bureau efforts by bringing local knowledge to the process. The Complete Count Committee will be a major vehicle for planning and implementing local, targeted efforts. Members of the Complete Count Committee are appointed by the Mayor, and their role will be to plan and implement a locally-based promotion to publicize the importance of Census 2000. The ultimate goal of this committee will be to achieve widespread participation in the census. The objectives of the Complete Count Committee will be as follows: · Develop a targeted plan of action to support Census 2000 operations, recruiting, and promotion. · Use highly visible and well-respected local figures to increase community support for and response to the census. · Promote the census to community residents through government departments, particularly those agencies with extensive public contacts. · Implement activities that will improve census participation by all residents, especially historically undercounted segments of the population. · Emphasize the Census Bureau's commitment to confidentiality to further increase participation in the census. · Augment media programs, publicity, and promotions conducted by the Census Bureau. · Provide local knowledge and intelligence that wilt assist Census Bureau's operational activities and programs. · Support Census Bureau's programs and activities that promote and improve the census. · Support Census Bureau's recruitment of employees needed to conduct the census. The Planning and Zoning Commission discussed the role and possible make-up of the Complete Count Committee during its July 7 meeting and voted unanimously to recommend that the City Council establish a Complete Count Committee to assist the Census Bureau's efforts for Census 2000. Attached, please fund the following: A letter from the Bureau of the Census Regional Director; A letter from the State demographer; Metropolitan Council provisional population estimate for 1997; and, A Participation Response form. Note that there is a 45 page handbook ~vhich provides more detailed information about the role of the Complete Count Committee in the Community Development Office. Recommended Motion: Move to establish a Complete Count Committee to assist the Census Bureau's efforts for Census 2000. COUNCIJ~ ACTION: D-3235(L) MO (5-98) UNITED STATES DEPARTMENT OF COMMERCE Bureau of the Census Regional Census Center 10015 N Executive Hills Blvd. Kansas City, MO 64153 FROM THE REGIONAL DIRECTOR BUREAU OF THE CENSUS A census is an enormous undertaking. Conducting a complete enumeration of all residents in the United States for the apportionment of the House of Representatives is the primary purpose of the census. The Census Bureau is working with state, local, and tribal governments to make sure everyone in America receives, completes, and returns a census questionnaire. Your help is vital. With your assistance, the Census Bureau can accomplish the nation's goal of conducting an accurate, cost-effective Census 2000. Our past experience shows that a Complete Count Committee is one of the most effective means of involving community leaders in the census and establishing the importance and credibility of the census in local communities. The enctosed handbook provides a menu of activities which governments can implement individually or in combination to promote Census 2000. We would appreciate knowing your plans to organize a Complete Count Committee. Please complete the enclosed form (enclosure 1 ) and return it to the Regional Census Center. If you have already established a Complete Count Committee, we hope that the handbook provides you with some additional promotional ideas. We hope this information is useful in planning your local promotional program. My staff and I look forward to working with you as a census partner. If you have any questions, please call me or Mr. Ben Arzu (Partnership Coordinator) on 816-801-2020. Sincerely, HENRY PALACIOS Kansas City Regional Office Enclosures DEMOGRAPHIC CEN¢ER Date: April 24, 1998 To: City and Township Clerks From: Tom Gillaspy, State Demographer Subject: Address List Review Can your city afford to miss out on thousands of dollars from federal and state programs in the next decade for every person not counted in the next census? In February, the U.S. Census Bureau sent out invitations to cities and counties in Minnesota to participate in the Address List Review (ALP,.) program, also known as the Local Update of Census Addresses (LUCA). This will be the only opportunity local governments will have to verify, that the Census Bureau has included all your housing units for Census 2000. Many cities in Minnesota have not yet responded to this invitation. Has yours? If you have not done so, fill out and return the form now to participate in the ALR program to ensure a complete count for the 2000 Census! Upon receipt, the Census Bureau will provide you with address lists for your ver/~cation. Yes, the Census Bureau will actually provide you with copies of their address list for your review, a new feature this decade. There is no appeal procedure this time. Unlike the 1990 Census, local governments will not be g/ven an opportunity to review the counts after the 2000 Census. Instead, you will need to participate in the ALR to review and update maps, and to ~orrect address lists that the Census Bureau maintains. Road use tax funds, moneys and credits distributions, and local sales _ta~ 'revenues are just some of the formulas that use decennial census data to allocate funds'.: 'There are countless other reasons why it is important to make sure everyone in y0ur~ city or town is counted. Send in your forms today. 'Th]S is your only Chance to make sure you are counted correctly. If you have ques:tions, call Craig Best at the Census Bureau Kansas City Regional Office, (913) 551-675.0~' Census 2000 THIS IS YOUR FUTURE. DON'T LEAVE IT BLANIC 658 Cedar Sr. St. Paul, MN 55155 Te!eDhone: 612-296-3985 He!pline: 6~2-296-2557 Facs~m~ie: 6]2-296-3698 ~Y: 800-627-3529 '~¥.rnnptan. state.mn.us Metropolitan Council Provisional Population Estimate April 1, 1997 COLUMBIA HEIGHTS Housing Units Single-family 5,133 5,165 5,088 Multifamily (incl. town homes) 2,837 2,824 2,699 Mobile Home 5 5 5 Total 7,975* 7,994 7,792 1990 Census Households 7,766 ~997 Household Estimat~ ~ 7,792 1990 Census Total Population . 18,910 1990 Group Quarters Population 133 1990 Population in Households 18,777 1997 Population Estimate 18,899 1997 Group Quarters Population 191 1997 Population in Households 18,508 ~ 1990 Census Persons per Household I 2.42 If 1997 Persons per Household I_ 2.38 All numbers are as of Apdl 1 Of each year. *This total includes 56 unit(s) listed in "other" housing in the 1990 Census data. The Census defines these units as those not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on "other" units is available between censuses, for purposes of 1997 population and household estimation, these units have been allocated to the single and multiple family categories. This was done based on persons per "other" household and the ratio of single-family to multifamily housing in the jurisdiction. COMPLETE COUNT PROGRAM PARTICIPATION RESPONSE United States Census 2000 U.S. DEPARTMENT OF ¢OMMERC~ BUREAU OFTHE CEN$1~ Kansas City (2600): Bureau of the Census Regional Census Center 10015 N Executive Hills Blvd Kansas CiW, MO 64153 Attn: Ben Arzu Title and Address of chief executive/highest elected official a. Name b. Title c. Address d. Telephone Area code Number Contact person (if different from above) a. Name b. Title c. Address d. Telephone Area code Please mark (X) the appropriate box. Number 1. [] I ptan to establish a Complete Count Committee to implement local promotion activities. 2. [] I have already established a Complete Count Committee. 3. [] I plan to use an existing structure or program to implement local promotion activities. 4. [] I do not plan to establish a Complete Count Committee for the following reason(s): Signature Date CITY COUNCIL L~TT~R Meeting of: July 13, 1998 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT.: CITY 5CANAGER NO: · Other Bu$~'ness License Department APPROVAL ITEM: Sot ici t or License Denial BY: K a th r%rn Pep in BY: NO: "1 DATE: July 8, 1998 Backround An application for a license to solicit the sale of steaks, poultry and seafood on a door to door basis has been received from Robert Arthur Erickson representing Universities Choice Quality Steaks and Poultry out of Bloomington, Mn. Mr. Erickson will be operating a vehicle owned by Universities Choice and soliciting the sale of The meat door to door out of the vehicle. A routine investigation of Mr. Erickson's record by the Police Department found that Mr. Erickson has an extensive driving record and his driving privileges are currently cancelled by the State of Minnesota. He also has an extensive criminal record which Chief Tom Johnson can dezait for you if additional information is necessary. Analysis It is the recommendation of the Police Department that this request for a license be denied based on the applicants driving record and criminal history. RECOMMENDED MOTION: Move To deny the request for a solicitor's license on behalf of Robert Arthur Erickson based on the recommendation of the Police Department due to his driving record and criminal history. COUNCIL ACTION: CiTY OF COLUMBIA HEIGHTS ~90 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN ~5421-3878 (612) 782-2800 TDD 782-2806 July 7, 1998 Robert Arthur Erickson 1001 N.E 42 I/= Avenue Columbia Heights, Mn. 55421 Dear Mr. Erickson: Your application for a license to solicit sales of steak, seafood and poultry on a door to door basis within the City of Cotumbia Heights has been reviewed by our Police Department. Your application has been denied by the Police Department due to your extensive driving record and criminal record. Formal action on your application will take place at the City Council meeting of July 13, 1998. If you have any questions regarding the denial of your application, you may contact Police Chief Tom Johnson at 782-2844. Questions regarding licensing procedures may be directed to my office at 782-2817. Kathryn Pepin License Clerk kp CC: T. Johnson, Police Chief T.J. Hammerstrom, Universities Choice, 2373 E. 0Id Shakopee Rd., Blmtn. 55425 THE Ct3-? OF COLUMBIA HEIGHTS [~OES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYE~ hereby apply for a l~cense to solicit sale of meat'a'nd'~eafood door to door COOE ART I CLE SECT I ON CLASS Effecl: ~ve Oates 1998 Jul'y 14-Dec. 31 Company Name (1¢ Applicable)1 Address 2373 E, Old Shakopee Road Universities Choice Quality Stea'ks & Poultry Company agent or offlcial(s): 1. (If Less Than Eieven Shareholders, A~ach Bloomington, Mn. Z~p 55425 ADORES$ OF LICENSE LOCATION Applicant's Name (PRINT) Home Address Home Phone within th e City (FIRST) '~[nnesoCa ~us;ness L~cense Tax Number: ]DO NOT WRITE IN SPACE BELOW) mount Pald $ ~00.00 No. VEHICLE MAKE; yEAR, MODEL Copy of License from Dept. of Commerce !OT BEEN COLUMBIA FI'EIGWtS ECONOMIC DEVEI.,OPME, NT AU'TI~ORITY (E,:DA) , REGULAR MEETING MINUTES OF JUNE 16, 1998 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (IEDA) was called to order by President Peterson at 7:00 p.m., Tuesday, June 16, 1998, in the Parkview Villa Community Room B, 965 40t~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Gary Peterson, Marlalne Szurek, Robert Ruettinmm~ Richard Dustin, and Patricia Jindra Joseph Sturdevant, Don Jolly Ken Ande. rson, Deputy Executive Director Jennifer Bergnmn, Housing Coordinator Jennifer Stoopes-Mokamba, Parkview Villa Housing Admin. Shirley Barnes, Chief Executive Officer for Crest View PLEDGE OF ALLEGIANCE 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). Adopt the consent agenda items as listed below. 1) Approval of Minutes - regular meeting of May 19, 1998 Motion: Move to adopt the minutes of the May 19, 1998 regular meeting as presented in w~ting. 2) Financial Report and Payment of Bills A. Financial Statement - April and May, 1998 B. Payment of Bills - May 1998 Motion: Move to approve Resolution 98-8, Resolution of the Columbia Heights Economic Development Authority (lEDA) approxdng the financial statements for April and May, 1998 and approving payment of bills for May, 1998. MOTION by Jindra, seconded by Dustin, 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. Stoopes-Mokamba stated the elevators have been repaired by Lagerquist and are fully operational. Other items being looked at or worked on: replacement price for carpets; cleaning of halls, garage, storage locker, and office; Safe-Way Plans; and acquiring a battery operated vacuum. She reported the additional expenditure of $1,344 to Riteway Concrete for the sidewalk and ramp installation was necessary and not included as part of the original bid. The original plan as submitted to the Board changed with: 1) identification of water nm offto the parking lot and relocation of the curb cut, and 2) placement of a larger cement slab away from the building versus installing two smaller slabs adjacent to the sidewalk. Due to minor repairs necessary to the curb cut, the contractor has not yet been paid. Also, the lip wilt be painted for safety against tripping. Ail responses from the residents have been positive. MOTION by Szurek, seconded by Jindra, to approve and authorize the additional expenditure of $1,334.00 to Ritewa¥ Concrete for sidewalk and ramp installation ~Sth funds to be appropriated from 203-46330-5120 and 213- 46340-5120. Ail ayes. MOTION CARRIED. Economic Development Authority Minutes June 16, 1998 Page 2 Stoopes-Mokamba has been discussing options for the anticipated installation of a security monitoring and alarm system with Capt. Len Olson. It is possible to purchase the equipment at the City wholesale cost and have a contractor install it or choose the items to have a contractor purchase and install. Systems are not sold as a whole unit, but rather by each piece. The expenditure will be more than originally anticipated and will need more research. It seems a black and white camera and tape recording equipment would have a higher resolution. Commission members discussed possible fencing for security. This would take away from the attractiveness of the area and it was hoped the visibility of an outdoor camera would be a large deterrent. A building resident suggested a "Smile - Your On Our Camera" sign. Parking lot vandalism has not been a big problem this year. Stoopes-Mokamba also reported on occupancy rates and activities. Anderson indicated the signed contracts from Elevator Advisory Group have been received and he will meet with the owner, Ted Smith to look at the facility elevators and to provide a cost estimate for work on the second elevator. This information will then be included in the CIAP application. Barnes, Chief Executive Officer for Crest View Corporation recognized that Jennifer Stoopes-Mokamba has no;v been in her position a year and wished to state she has done an excellent job. Residents of Parkview Villa concur. Anderson pointed out the 100 percent PHMAP rating received also reflects the work of Crest View Corporation staff. RECOGNITION, PROCLAMATIONS, PRESENTATIONS~ GUESTS - None. PUBLIC ItEARINGS - None. ITEMS FOR CONSIDERATION A. Other Resolutions - None. B. Bid Considerations - None. C. Other Business 1) Appoint financial consultant/advisor. Anderson reported the financial advisory services proposals that were received would include bond consulting work and general financial analyses regarding tax increment financing districts and other development proposals. After interviewing the three financial consultants (Ehlers and Associates, Springsted, Inc., and Evenson Dodge, Inc.), reviewing their proposals, identifying the compensation package necessary for each firm to conduct this analysis, the Executive Director and Treasurer recommended Springsted, Inc. based on the low bid and prior bond issue affiliation and experience with the City of Columbia Heights. The bid is based upon an hourly rate so the total may be less, but will not exceed $7,600. MOTION by Szurek, seconded by Jindra, to award financial advisory services including preparation of a tax increment cash flow analysis to Springsted, Inc. based upon their low, qualified, responsible proposal in the amount not to exceed $7,600 with funds to be appropriated from fund 376-47000-3050; and furthermore, to authorize the President and Executive Director to enter into an agreement for same. All ayes. MOTION CARRIED. 2) Special Revenue Fund. Anderson indicated on June 8, 1998 the City Council adopted Resolution 98-52 establishing the Special Revenue Fund. This was established for the purpose of depositing all antenna revenue from the water tower and Parkview Villa for which the City and Economic Development Authority (EDA) have leases. These funds could then be designated for special projects in the future. Suggestions for different fund uses were discussed, i.e. upgrade and repairs to the fire alarm system, security system, etc. Pros and cons of this type of special fund were voiced. MOTION by Ruettimann, seconded by Peterson, to authorize the Executive Director and Treasurer to transfer antenna lease revenues from the proper funds to the Special Revenue Fund established by the City Council by Economic Development Authority Minutes June t6, 1998 Page 3 Resolution 98-52. All ayes. MOTION CARRIED. 3) Section 8 Report. Jennifer Bergman reviewed the report enclosed in the agenda packet. She said there has been relatively little change since last month. Ruettimann requested a synopsis of programs and voucher/certificate information for Commission education and reference. 4) CDBG/MHFA Report. The loan and grant report for June was enclosed in the agenda packet. There have been 20 loan requests. Three loans have been withdrawn, six are complete, eleven are in progress. 5) Review of MStFA Loan Applications M98-16, M98-19 and M98-20. Bergman reviewed the new loan applications xvith Commission members. Application M98-16 is a drive;vay improvement request that meets all requirements. MOTION by Jindra, seconded by Szurek, to approve loan number M98-t6, a request for Minnesota Fix Up Funds in the amount of $2,091 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. Anderson indicated the loan interest rates and length of the loans vary. Generally, there is a one year pay off for each $1,000 amount of the loan. Application M98-19 is a driveway improvement request that also meets requirements. MOTION by Peterson, seconded by Dustin, to approve home improvement loan number M98-19, a request for Minnesota Fix Up Funds in the amount of $3,024 subject to meeting all program requirements; and furth6rmore, to direct and authorize staffto submit said application to the MI-IFA for purchase. Alt ayes. MOTION CARRIED. Application M98-20 is for siding and storm door replacement, which meets requirements. Bergman stated the applicant may obtain one additional bid on the work. If that bid amount is less, the loan would be adjusted down accordingly. Ruettimann questioned equity versus the loan amount. Bergman explained the amounts. Anderson mentioned that if the applicant is unable to meet the equity amount required, 50 percent of the improvements may be added to help meet the equity requirements. MOTION by Szurek, seconded by Dustin, to approve home improvement loan number M98-20, a request for Minnesota Fix Up Funds in the amount of $8,240 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the MI-tFA for purchase. All ayes. MOTION CARRIED. 6) 4519/4521 and 4642/4644 Taylor Street NE Report. The City owned duplex at 4519/4521 Taylor Street is now vacant and the duplex at 4642/4644 Taylor Street will be totally vacant at the end of June. Bergman recited problems experienced at the properties and distributed pictures of one vacant unit which revealed the damage. Relative to previous discussions, staff asked direction from the Commission whether to sell both duplexes and require them to be convened to single family homes, upgrade the buildings and sell the property as duplexes, or sell the property at 4519/4521 Taylor Street to a developer for conversion into a single family home and sell the property at 4642/4644 Taylor Street as a duplex for rental property. Discussion followed regarding all the given options. Anderson pointed out that City Ordinance would require a garage be built at 4519/4521 Taylor Street. Peterson stated the City does not wish to be a landlord or a contractor. Commission members concurred to go out for bids to sell the properties, even ff a financial loss is realized. It was felt if these properties were repaired and rented again, there is the possibility of being in this same position again sometime soon. June 16, 1998 Page 4 MOTION by Jindra, seconded by Szurek, to authorize staffto advertise the sale of the property located at 4519/4521 Taylor Street with a list price of $50,000 and the property at 4641/4644 Taylor Street with a list price of $70,000, subject to conversion of the existing structures to single family homes and construction ora 22 foot by 22 foot garage at 4519/4521 Taylor Street. All ayes. MOTION CARRIED. 7) Community Improvement Assistance Program (CIAP) Grant Application. Anderson stated the CIAP grant application is due June 29, 1998 to HUD. The upgrade of one elevator at Parkview Villa North was funded last year for $129,470. The present grant application wilt include an upgrade for the second elevator, replacement of the hot water heater, exterior painting at Parkview Villa North, upgrading apartment units, and possibly removal of the existing garage and tanks and replacement of the garage. Anderson would also look at the possibility of including the non-reimbursable (after insurance settlement) alarm system costs. Ruettimann suggested including the security system costs. MOTION by Szurek, seconded by Dustin, to authorize staffto submit an application to the U.S. Department of Housing and Urban Development for the Community Improvement Assistance Program (CIAP) Grant Application, and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. MOTION CARRIED. 8) Minnesota Design Team Recommendations/Outcomes. Anderson referred to the agenda packet information for discussion regarding the Miimesota Design Team Recommendations/Outcomes impact on economic development and redevelopment throughout the community. Peterson suggested leaving extra copies for the Parkview Villa residents. 9) Property Acquisition Updates. 4453 Central Avenue - Staff is trying to acquire this properly. A State Farm Insurance agent is interested in purchasing the residential property at 4441 Central Avenue NE with or without the acquisition of the t~vo adjacent non-conforming residential properties to the south. Commission members discussed the advantages and disadvantages of owning this property. Anderson felt the property was affordable at (est.) $25,000 and CDBG funds could be used for the purchase. He will contact the owner, get an exact purchase price and bring it before the Commission on July 21 with a demolition bid est/mate. 3853 Central Avenue - The Building Inspector has talked to the owner encouraging the fix up to begin. If they go past the permit limit date, the City would then be able to take action. This building was to be demolished, but was sold with the promise to make the necessary improvements. 4150 Central Avenue - A request for proposals (RFP) will be sent this week to adjacent property owners. A list of brokers and contractors will be established and RFP's sent. At the August Economic Development Authority meeting staff will prepare a summary of any bids received. Anderson will draft the RFP to reflect recovery of our out-of-pocket expenses estimated to be $7,000 to $10,000. Szurek indicated they would like to recover expenses, but will accept less. Tim Eastman of Metro Siding is no longer interested in the building. 3913 Polk Street - Nor~vest Mortgage has acquired this property by a deed-in-lieu-of-foreclosure. The property is listed by Re/Max. The Building Inspector has posted notice to raze the building in 90 days. Staff has been directed by the Executive Director to continue to pursue purchasing the property for the loan pay off amount of $29,471. 4216 Central Avenue o Anoka County is now managing this property as it is a tax forfeit parcel. The price has gone from $27,300, to $17,000, to $11,700. Discussion included possibly speaking to County Commissioner Kordiak regarding the property to attempt to reach a lower value. Bruce Nedegaard has expressed an interest to purchase the property given he has executed a purchase agreement to fix up the property at 4200 Central Avenue. Economic Development Authority Minutes June 16, 1998 Page 5 411 40c' Avenue - Chris Fen-is has been encouraged to apply for a building permit to complete required work. However, she may appeal this requirement to the Board of Appeals. ADMINISTRATIVE REPORTS A) Report of the Deputy Executive Director. Mary T. Inc. has notified the City of Columbia Heights they will no longer pursue senior market rate housing at the St. Timothy's Lutheran Church site. Anderson indicated the department will be ve. ry busy for the next four to six weeks submitting the 1999 Budget, the CIAP grant application, the Liveable Communities grant application, and the Tax Increment Financing Reports to the State Auditor's office. A Community Development staff representative will attend the North Star Corridor committee meeting on Friday, June 26, 1998 at the Sherburn County Courthouse to discuss commuter rail systems. Anderson has spoken to Chuck Seykora, legal counsel to ACCAP, who has indicated they will be prepaying the remaining $166,000 estimated loan balance on the Tyier Heights project loans with a closing schedule on June 30, 1998. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON THE AGENDA There was no one present to address the EDA. MEETI/qGS The next EDA meeting is scheduled for 7:00 p.m., Tuesday, July 21, 1998 in Community Room B at Parkview Villa. ADJOURNMENT MOTION by Dustin, seconded by Ruertimann, to adjourn the meeting at 9:10 p.m. All ayes. MOTION CARRIED. Respectfully submitted, Patty Muscovitz Recording Secretary H:~EDAminutes\6-16-9 8 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EOA) REGULAR MEETING MINUTES OF JUNE 16, 1998 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority 0EDA) was called to order by President Peterson at 7:00 p.m., Tuesday, June 16, 1998, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Gary Peterson, Marlaine Szurek, Robert Ruettimann, Richard Dustin, and Patricia Jindra Joseph Sturdevant, Don Jolly Ken Anderson, Deputy Executive Director Jennifer Bergman, Housing Coordinator Jennifer Stoopes-Mokamba, Parkview Villa Housing Admin. Shirley Barnes, Chief Executive Officer for Crest View PLEDGE OF ALLEGIANCE 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 ;vill be enacted as part of the Consent Agenda by one motion). Ao Adopt the consent agenda items as listed beloxv. 1) Approval of Minutes - regular meeting of May 19, 1998 Motion: Move to adopt the minutes of the May 19, 1998 regular meeting as presented in ;vriting. 2) Financial Report and Payment of Bills A. Financial Statement - April and May, 1998 B. Payment of Bills - May 1998 Motion: Move to approve Resolution 98-8, Resolution of the Columbia Heights Economic Development Authority 0EDA) approving the financial statements for April and May, 1998 and approving payment of bills for May, 1998. MOTION by Jindra, seconded by Dustin, 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. Stoopes-Mokamba stated the elevators have been repaired by Lagerquist and are fully operational. Other items being looked at or worked on: replacement price for carpets; cleaning of halls, garage, storage locker, and office; Safe-Way Plans; and acquiring a battery operated vacuum. She reported the additional expenditure of $1,344 to Riteway Concrete for the sidewalk and ramp installation was necessary and not included as part of the original bid. The original plan as submitted to the Board changed with: 1) identification of water run off to the parking lot and relocation of the curb cut, and 2) placement of a larger cement slab away from the building versus installing t~vo smaller slabs adjacent to the sidewalk. Due to minor repairs necessary to the curb cut, the contractor has not yet been paid. Also, the lip will be painted for safety against tripping. All responses from the residents have been positive. MOTION by Szurek, seconded by Jindra, to approve and authorize the additional expenditure of $1,334.00 to Riteway Concrete for sidewalk and ramp installation with funds to be appropriated from 203-46330-5120 and 213- 46340-5120. All ayes. MOTION CARRIED. Economic Development Authority Minutes /une 16, 1998 Page 2 Stoopes-Mokamba has been discussing options for the anticipated installation of a security monitoring and alarm system with Capt. Len Olson. It is possible to purchase the equipment at the City wholesale cost and have a contractor install it or choose the items to have a contractor purchase and install. Systems are not sold as a whole unit, but rather by each piece. The expenditure xvill be more than originally anticipated and will need more research. It seems a black and white camera and tape recording equipment would have a higher resolution. Commission members discussed possible fencing for security. This would take away from the attractiveness of the area and it was hoped the visibility of an outdoor camera would be a large deterrent. A building resident suggested a "Smile - Your On Our Camera" sign. Parking lot vandalism has not been a big problem this year. Stoopes-Mokamba also reported on occupancy rates and activities. Anderson indicated the signed contracts from Elevator Advisory Group have been received and he xvill meet with the owner, Ted Smith to look at the facility elevators and to provide a cost estimate for work on the second elevator. This information will then be included in the CIAP application. Barnes, Chief Executive Officer for Crest View Corporation recognized that Jennifer Stoopes-Mokamba has now been in her position a year and wished to state she has done an excellent job. Residents of Parkview Villa concur. Anderson pointed out the 100 percent PHMAP rating received also reflects the work of Crest View Corporation staff. RECOGNITION, PROCLAMATIONS, PRESENTATIONS~ GUESTS - None. PUBLIC HEARINGS - None. ITEMS FOR CONSIDERATION A. Other Resolutions - None. B. Bid Considerations - None. C. Other Business 1) Appoint financial consultant/advisor. Anderson reported the financial advisory services proposals that xvere received would include bond consulting ~vork and general financial analyses regarding tax increment financing districts and other development proposals. After intende~ving the three financial consultants (Ehlers and Associates, Springsted, Inc., and Evenson Dodge, Inc.), reviewing their proposals, identifying the compensation package necessary for each firm to conduct this analysis, the Executive Director and Treasurer recommended Springsted, Inc. based on the low bid and prior bond issue affiliation and experience with the City of Columbia Heights. The bid is based upon an hourly rate so the total may be less, but will not exceed $7,600. MOTION by Szurek, seconded by Jindra, to award financial advisory services including preparation of a tax increment cash flow analysis to Springsted, Inc. based upon their low, qualified, responsible proposal in the amount not to exceed $7,600 with funds to be appropriated from fund 376-47000-3050; and furthermore, to authorize the President and Executive Director to enter into an agreement for same. All ayes. MOTION CARRIED. 2) Special Revenue Fund. Anderson indicated on June 8, 1998 the City Council adopted Resolution 98-52 establishing the Special Revenue Fund. This was established for the purpose of depositing all antenna revenue from the water tower and Parkview Villa for which the City and Economic Development Authority (EDA) have leases. These funds could then be designated for special projects in the future. Suggestions for different fund uses were discussed, i.e. upgrade and repairs to the fire alarm system, security system, etc. Pros and cons of this type of special fund were voiced. MOTION by Ruettimann, seconded by Peterson, to authorize the Executive Director and Treasurer to transfer antenna lease revenues from the proper funds to the Special Revenue Fund established by the City Council by Economic Development Authority Minutes June 16, 1998 Page 3 Resolution 98-52. All ayes. MOTION CARRIED. 3) Section 8 Report. Jennifer Bergman reviewed the report enclosed in the agenda packet. She said there has been relatively little change since last month. Ruettimann requested a synopsis of programs and voucher/certificate information for Commission education and reference. 4) CDBG/MItFA Report. The loan and grant report for June was enclosed in the agenda packet. There have been 20 loan requests. Three loans have been withdrawn, six are complete, eleven are in progress. 5) Review of MHFA Loan Applications M98-16, M98-19 and M98-20. Bergman reviewed the new loan applications with Commission ~nembers. Application M98-16 is a driveway improvement request that meets all requirements. MOTION by Jindra, seconded by Szurek, to approve loan number M98-16, a request for Minnesota Fix Up Funds in the amount of $2,091 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the MI-IFA for purchase. All ayes. MOTION CARRIED. Anderson indicated the loan interest rates and length of the loans vary. Generally, there is a one year pay offfor each $1,000 amount of the loan. Application M98-19 is a driveway improvement request that also meets requirements. MOTION by Peterson, seconded by Dustin, to approve home improvement loan number M98-19, a request for Minnesota Fix Up Funds in the amount of $3,024 subject to meeting ail program requirements; and furthermore, to direct and authorize staffto submit said application to the MHFA for purchase. Alt ayes. MOTION CARRIED. Application M98-20 is for siding and storm door replacement, which meets requirements. Bergman stated the applicant may obtain one additional bid on the work. If that bid amount is less, the loan would be adjusted down accordingly. Ruettimann questioned equity versus the loan amount. Bergman explained the amounts. Anderson mentioned that if the applicant is unable to meet the equity amount required, 50 percent of the improvements may be added to help meet the equity requirements. MOTION by Szurek, seconded by Dustin, to approve home improvement loan number M98-20, a request for Minnesota Fix Up Funds in the amount of $8,240 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the Mt-IFA for purchase. All ayes. MOTION CARRIED. 6) 4519/4521 and 4642/4644 Taylor Street NE Report. The City owned duplex at 4519/4521 Taylor Street is now vacant and the duplex at 4642/4644 Taylor Street will be totally vacant at the end of June. Bergman recited problems experienced at the properties and distributed pictures of one vacant unit which revealed the damage. Relative to previous discussions, staff asked direction from the Commission whether to sell both duplexes and require them to be converted to single family homes, upgrade the buildings and sell the property as duplexes, or sell the property at 4519/4521 Taylor Street to a developer for conversion into a single family home and sell the property at 4642/4644 Taylor Street as a duplex for rental property. Discussion followed regarding all the given options. Anderson pointed out that City Ordinance would require a garage be built at 4519/4521 Taylor Street. Peterson stated the City does not wish to be a landlord or a contractor. Commission members concurred to go out for bids to sell the properties, even if a £mancial loss is realized. It was felt if these properties were repaired and rented again, there is the possibility of being in this same position again sometime soon. Economic Development Authority Minutes June 16, 1998 Page 4 MOTION by Jindra, seconded by Szurek, to authorize staffto advertise the sale of the property located at 4519/4521 Taylor Street with a list price of $50,000 and the property at 4641/4644 Taylor Street with a list price of $70,000, subject to conversion of the existing structures to single family homes and construction of a 22 foot by 22 foot garage at 4519/4521 Taylor Street. All ayes. MOTION CARRIED. 7) Community Improvement Assistance Program (CIAP) Grant Application. Anderson stated the CIAP grant application is due June 29, 1998 to HUD. The upgrade of one elevator at Parkview Villa North was funded last year for $129,470. The present grant application will include an upgrade for the second elevator, replacement of the hot water heater, exterior painting at Parkview Villa North, upgrading apartment units, and possibly removal of the existing garage and tanks and replacement of the garage. Anderson would also look at the possibility of including the non-reimbursable (after insurance settlement) alarm system costs. Ruettimann suggested including the security system costs. MOTION by Szurek, seconded by Dustin, to authorize staffto submit an application to the U.S. Department of Housing and Urban Development for the Community Improvement Assistance Program (CIAP) Grant Application, and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. MOTION CARRIED. 8) Minnesota Design Team Recommendations/Outcomes. Anderson referred to the agenda packet information for discussion regarding the Minnesota Design Team Recommendations/Outcomes impact on economic development and redevelopment throughout the community. Peterson suggested leaving extra copies for the Parkview Villa residents. 9) Property Acquisition Updates. 4453 Central Avenue - Staff is trying to acquire tiffs property. A State Farm Insurance agent is interested in purchasing the residential property at 4441 Central Avenue NE with or without the acquisition of the two adjacent non-conforming residential properties to the south. Commission members discussed the advantages and disadvantages of owning tiffs property. Anderson felt the property was affordable at (est.) $25,000 and CDBG funds could be used for the purchase. He xvill contact the owner, get an exact purchase price and bring it before the Commission on July 21 with a demolition bid estimate. 3853 Central Avenue - The Building Inspector has talked to the owner encouraging the fix up to begin, if they go past the permit limit date, the City would then be able to take action. This building was to be demolished, but was sold with the promise to make the necessary improvements. 4150 Central Avenue - A request for proposals (RFP) will be sent this week to adjacent property owners. A list of brokers and contractors will be established and RFP's sent. At the August Economic Development Authority meeting staff will prepare a summary of any bids received. Anderson will draft the RFP to reflect recovery of our out-of-pocket expenses estimated to be $7,000 to $10,000. Szurek indicated they would like to recover expenses, but will accept less. Tim Eastman of Metro Siding is no longer interested in the building. 3913 Polk Street - Nor~vest Mortgage has acquired this property by a deed-in-lieu-of-foreclosure. The property is listed by Re/Max. The Building Inspector has posted notice to raze the building in 90 days. Staff has been directed by the Executive Director to continue to pursue purchasing the property for the loan pay off amount of $29,471. 4216 Central Avenue - Anoka County is now managing this property as it is a tax forfeit parcel. The price has gone from $27,300, to $17,000, to $11,700. Discussion included possibly speaking to County Commissioner Kordiak regarding the property to attempt to reach a lower value. Bruce Nedegaard has expressed an interest to purchase the property given he has executed a purchase agreement to fix up the property at 4200 Central Avenue. Economic Development Authority Minutes June 16, 1998 Page 5 411 40a' Avenue - Chris Ferris has been encouraged to apply for a building permit to complete required work. However, she may appeal this requirement to the Board of Appeals. ADMINISTRATIVE REPORTS A) Report of the Deputy Executive Director. Mary T. Inc. has notified the City of Columbia Heights they will no longer pursue senior market rate housing at the St. Timothy's Lutheran Church site. Anderson indicated the department will be very busy for the next four to six weeks submitting the 1999 Budget, the CIAP grant application, the Liveable Communities grant application, and the Tax Increment Financing Reports to the State Auditor's office. A Community Development staff representative will attend the North Star Corridor committee meeting on Friday, June 26, 1998 at the Sherburn County Courthouse to discuss conunuter rail systems. Anderson has spoken to Chuck Seykora, legal counsel to ACCAP, who has indicated they will be prepaying the remaining $166,000 estimated loan balance on the Tyler Heights project loans with a closing schedule on June 30, 1998. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON THE AGENDA There was no one present to address the EDA. MEETINGS The next EDA meeting is scheduled for 7:00 p.m., Tuesday, July 21, 1998 in Community Room B at Parkview Villa. ADJOURNMENT MOTION by Dustin, seconded by Ruettimann, to adjourn the meeting at 9:10 p.m. All ayes. MOTION CARRIED. Respectfully submitted, Patty Muscovitz Recording Secretary H:~EDAminutes\6-16-98 SPECIAL CItARTER COMMISSION MEETENG MINUTES MAY 21, 1998 7 P.M. GAUVITTE ROOM, J-P MURZYN It_ALL CALL TO ORDER The meeting was called to order by President Nan Tilkens at 7:03 p.m. ROLL CALL Members present: Bill Antzaras, Joel Cason, Ted Landwehr, Janis Larson, Bruce Magnuson, Bruce Nawrocki, Brian Peterson, Theresia Synowczynski, Nan Tilkens Members absent and excused: Charles Christopherson, Carol Crema-Ktein, John Murzyn, Jamie Verbrugge Members absent and unexcused: None NOTE: Membership is at thirteen out offi~een members. APPROVAL OF MINUTES Motion by Ted Landwehr, seconded by Joel Cason, to approve the minutes o£the April 16, 1998. Motion passed unanimously. SECOND READING OF CHAPTER 2, SECTION 7 The first reading of the proposed amendment was held at the regular Charter Commission meeting of April 16, 1998. President Tilkens stated that since our last meeting, she discussed with the City Attorney whether or not this item could be put on the primary ballot. She was told it could only be put on the November general election ballot. The wording for the proposed amendment would need to be ready to go to the county by the primary. Bill Antzaras arrived at 7:08 p.m. President Tilkens also stated she discussed costs of putting this item on the ballot with Bill Elrite, Finance Director, who told her it would cost less than $300, since an election is already going to be held. The President then reiterated the consensus of members fi.om the last meeting, that being that we want the City Council to vote the proposed amendment down and then have it placed on the ballot, so the citizens can decide. The Commission's recommendation is to take this to the citizens. Discussion was then held on the memo President Tilkens had prepared that would go to the Council along with the proposed ordinance amendment if passed tonight. Rewording the memo was discussed, so it was clear to the Council that we wanted it put on the ballot. Discussion was also held on when the proposed amendment becomes effective. According to state statutes, charter amendments are effective in 90 days from passage. However, in Subdivision 4 of Section 410.12 of the state statutes, there is an allowance to have a charter amendment passed in 30 days. Discussion was then held on how would citizens who may file for the seat of Mayor would know if the term will be two or four years, depending on when the ordinance would take effect. Bruce Magnuson arrived at 7:45 p.m. Motion by Joel Cason, seconded by Janis Larson, that Section 2 of the proposed ordinance be amended to read: This ordinance shall be in full force and effect from and after thirty (30) days aiSer its passage. Motion passed unanimously. Further discussion ensued on how the wording to the council should be stated. Motion by Theresia Synowczynski, seconded by Janis Larson, that the Charter Commission recommends approval on second reading of the proposed charter amendment to increase the Mayor's term from two years to four years, and recommends to the City Council, in accordance with State Statute Section 410.12, Subdivision 4, that the proposed amendment be placed on the ballot for the 1998 general election. Motion passed 8-yes, 1-no, O-abstaining. The proposed amendment on extending the term of Mayor shall be forwarded to the City Council with the recommendation that the item be placed on the November 1998 general election. NEXT MEETING DATE The next regular Charter Commission meeting is scheduled for July 16, 1998, at 7 p.m. On the agenda for that meeting will be discussion of plans for the annual get together for this commission, and any other items as discussed at the regular April meeting. ADJOURNMENT Motion by Ted Landwehr, seconded by Joel Cason, to adjourn the meeting at 8:20 p.m. Respectfully submitted, Recording Secretary Page 2 of 2 Pages 5-21-98 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION JULY 6, 1998 The Traffic Commission meeting was called to order at 7:02 P.M. I. Roll Call Presefit: Staff: Goodman, Sturdevant, Stumpf, Szurek Kevin Hansen, Public Works Director/City Engineer Kathyjean Young, Assistant City Engineer Tom Johnson, Police Chief Absent: Carlson II. APPROVAL OF MAY 4, 1998 MINUTES Motion by Goodman, second by Szurek, to approve the minutes of the May 4, 1998 Meeting. Roll Call: All ayes. III. OLD BUSINESS Ao REQUEST FOR ADDITIONAL STOP SIGNS ON 45TM AVENUE AT 5TM OR 6TM STREETS. At the May Traffic Commission Meeting, Mrs. Angela Lawrence of 4501 5th St. requested additional stop signs at 45th Avenue west of Jefferson St. She was concerned with the speed of vehicles on 45th Avenue. The item was tabled until further information on volume and speed of traffic was available. Police Chief Johnson was asked to monitor the speed of traffic using the speed trailer. Police Chief Johnson reported that 85 percent of the traffic along 45th Avenue was driving the 30 mph speed limit. Mrs. Lawrence and Ms. Budinger of 4517 5th St. N.E. were both present and expressed concern with the visibility at 6th St. going west on 45th Avenue. They suggested signage be placed along 45th Ave. to warn motorists of children in the area. Staff explained that MMUTCD warrants have discouraged "watch for children" signs but would research the possibility of adding a "blind intersection" sign. Motion by Szurek, second by Goodman, to direct staff to look into the possibility of adding signage such as "blind intersection" at alley between 5th and 6th St. Roll Call: All ayes. Official Proceedings Columbia Heights Traffic Commission July 6, 1998 Page 2 IV VI. OTHER OLD BUSINESS None. NEW BUSINESS A. REQUEST FOR DEAF CHILD SIGN Mrs. Luberacki of 4066 Reservoir Blvd. has requested "Deaf Child" signs be installed on 41st Avenue, Reservoir Blvd. and in the alley. Her son has a substantial hearing toss. Commissioner Stumpf asked if signs already in place are ever followed up to see if there is still a need. Staff will review where signage currently is and follow up to see if the signage is still needed. Motion by Goodman, second by Szurek, to install "Deaf Child" signs at 4066 Reservoir Blvd. in accordance with the MMUTCD. Roll Call: All ayes. B. CITY WIDE BIKE TRAIL (As proposed by the Minnesota Design Team) The Minnesota Design Team made several suggestions and presented ideas for enhancing the City of Columbia Heights the weekend of May 1st. The suggestions and ideas presented will have differing time periods for those the City elects to. implement. One of the ideas presented is a City-wide bike trail. Staff would like to prepare a feasibility report of an at-grade City-wide bike trail for installation in 1998 which would connect to City parks using routes on 49t~ Avenue, University Avenue, 40th Avenue and Reservoir Blvd. Such a report would include the impact a City-wide bike trail would have using existing roadways and costs to implement. OTHER NEW BUSINESS None. Official Proceedings Columbia Heights Traffic Commission July 6, 1998 Page 3 VII. REPORTS A. CITY ENGINEER PRESENTATION OF TRAFFIC STUDY FOR CENTRAL AVENUE CORRIDOR, FROM 37TM AVENUE TO 40TM AVENUE John Horn, representative from BRW, was present to discuss the results of the traffic study on Central Avenue from 37~' to 40th. The purpose of the study was to develop and evaluate design alternatives for the existing five legged intersection of Central Avenue and 37~h Avenue, including Reservoir Boulevard. Conclusions were as follows: Closing Reservoir Boulevard or making it one-way northeast bound would improve traffic operations at Central and 37th by eliminating one phase of the signal sequence. Making Reservoir Boulevard one-way southwest bound results in similar traffic operations when compared to existing conditions. Ail alternatives reduce or do not significantly increase traffic volumes on Reservoir Boulevard. The intersection of Central Avenue and 39th Avenue does not meet the requirements for signalization under existing or under the alternative scenarios. If the median opening for the Bobby and Steve's site on Central Avenue is closed, some additional traffic will be added to Reservoir Boulevard from, and to, 39th and 40th Avenues. Left turn lanes could be added on Central Avenue by eliminating parking on at least one side of the roadway. Adding left mm lanes improves safety by allowing left turning vehicles to turn out of a designated lane. Adding a left mm lane and leaving the existing median opening in place on Central Avenue for the Bobby and Steve's site does not impact the storage length for the southbound left turn lane at 37th Avenue. Consideration should be given to moving the transit stop on Central Avenue on the south side of 37th Avenue north to a mid-block location. Official Proceedings Columbia Heights Traffic Commission July 6, 1998 Page 4 VIII. '2. REQUEST FOR SPEED HUMP ON JOHNSON STREET At the May 1998 Traffic Commission, Gary Gorman of 5010 Johnson Street requested speed humps be installed on Johnson Street due to the speed of cars in the area. Staff explained that a petition must be submitted containing 75% of the property owners in favor before anything could be done. Mr. Gorman indicated he would check with the neighborhood to see if they would be interested in sharing the cost to install a speed hump. Staff provided Mr. Gorman with the cost of installing a speed hump on Johnson Street. The cost for two speed humps was $2,800 including the humps, pavement reflectors, pavement marking and signs. Staffhas not heard if the property owners on Johnson Street want to proceed with the work. B. POLICE CHIEF None. C. COMMISSIONERS None. ADJOURNMENT Motion by Stumpf, second by Goodman, to adjourn the meeting at 8:25 p.m. Respectfully Submitted, Traffic Commission Secretary