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HomeMy WebLinkAboutAugust 25, 1997 Regular ADMINISTRATION AUGUST 2~, 1997 Mayor Joseph Sturdevant Councilmernbers DonaM G. Jolly Meg Jones Gar), £. Peterson Robert W. Ruettimann City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, August 25, 1997 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1,C ~.ALb__TO O~RDER/_A?POINTMENT OF SECRETARY PRO TEM (Commencement of Cablecasting of Regular Meeting on Television.) A. Roll Call 2. PLED~..E OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. MOTION: Move to Adopt the Consent Aqenda as follows: 1) Adopt Council Minutes MOTION: Move to adopt the minutes of the August 11, 1997 Regular Council Meeting. 2) School Liaison Officer Contract MOTION: Move to authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement herein for the period of August 25, 1997 through May 29, 1998. COUNCIL MEETING AGENDA AUGUST 25, 1997 PAGE 2 3) Authorization to Sell, Salvage or Dispose of City Property on Thursday, September 4, 1997 MOTION: Move to authorize the sale, salvage, or disposal of surplus City property as indicated on the attached listing of surplus property, to include Municipal Units #0403 - 1987 Chev Caprice, #0206 - 1984 GMC 3500 Sierra Crew Cab, and PD #56 1989 Chev Corsica. 4) Authorization to Pay for Proiect Safety Net Services MOTION: Move to authorize payment to the City of Fridley in the amount of $4,000 for our participation during 1997 in Project Safety Net, with payment to be made from the Police Department's budget, line 3050, Expert and Professional Services. 5) Final Payment for 1997 Seal Coat Project - Zone 2, Municipal Proiect #9701 MOTION: Move to accept the work for 1997 Seal Coat Project - Zone 2, Municipal Project #9701 and to authorize final payment of $30,517.36 to Allied Blacktop Company of Maple Grove, Minnesota. 6) Authorization to Seek Enqineerinq Proposals for Sullivan Lake Park Sanitary Sewer Improvements MOTION: Move to authorize staff to solicit proposals from consultants for the design, inspection and contract management of the Sullivan Lake Park Sanitary Sewer Improvement. 7) Award of Sanitary Sewer Lininq, Municipal Proiect #9717 MOTION: Move to award the Sanitary Sewer Lining, Municipal Project #9717, to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin, based upon their Iow, qualified, responsible bid in the amount of $23,505.00 with funds to be appropriated from Fund 652-49499-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 8) Award Contract for Roof Repairs and Improvements at Gauvitte, Ramsdell and Lomianki Park Buildings MOTION: Move to award the contract for roof repairs and improvements for the park buildings at Gauvitte, Lomianki and Ramsdell (Mathaire) Parks to Milton Johnson Company based on their Iow, qualified quote of $22,280.00 for all options; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same, with funding to be from the Park Capital Improvement Fund, 412-45200. COUNCIL MEETING AGENDA AUGUST 25, 1997 PAGE 3 9) Re-Issue Rental Housinq License After Revocation MOTION: Move to issue a Rental Housing License to Francis Job to operate the rental property located at 4017 6th Street in that the provisions of the Housing Maintenance Code have been complied with. 10) Establish Council Work Sessions Dates and times to be determined. 11) Maintenance A~eement - Sharp Copier - R~creation Department Additional information from Finance Director, l~ill Elrite, regarding maintenance contracts with the City. 12) License Revocation - Rental Croperty at 943 42nd Avenue MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by John Ansorge and ,lames Egge for rental property at 943 42nd Avenue in that the provisions of the Housing Maintenance Code have been complied with. 13) Kielbasa Days Celebration - 500 Club MOTION: Move to authorize the 500 Club to serve beer and have live music in their parking lot on September 5th, 6th and 7th, 1997, from 3:00 p.m. - 8:00 p.m. each day, in conjunction with their Twelfth Annual Kielbasa Days Celebration at 500 40th Avenue N.E. 14) Approval of Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. 15) Approval of License Applications MOTION: Move to approve the license applications as listed. 16) Approve Attendance of City Manager Walt Fehst to the ICMA Conference, September l~-t~r 1997 RECOMMENDED MOTION: Move to authorize the attendance of Walt Fehst at the International City Management Conference in Vancouver, British Columbia, September 13-17. There are presently monies in the City Manager's budget for this conference. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS None 6. PUBLIC HEARINGS None COUNCIL MEETING AGENDA AUGUST 25, 1997 PAGE 4 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Readinq of Ordinance No. 1354 Beinq an Ordinance Sellinq Certain Real Estate at 4613-15 Pierce Street Northeast MOTION: Move to waive the reading of Ordinance No. 1354 there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1354 for September 8, 1997. B. Bid Considerations None C. Other Business 1) Appeal of Planninq and Zoninq Decision - Herrinqer MOTION: Move to deny the appeal request as the property is non-conforming and no sanitary sewer and water exists at the structure. Recommend to staff that the building be condemned and the condemnation process begin according to the Hazardous Building Statute. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Traffic Commission Meeting - August 4, 1997 2) Planning & Zoning Commission Meeting - August 5, 1997 3) Library Board Meeting - August 4, 1997 4) Park & Recreation Commission Meeting - July 23, 1997 COUNCIL MEETING AGENDA AUGUST 25, 1997 PAGE 5 CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) RECESS TO EXECUTIVE SES_SION. MOTION: Move to recess the Regular Cotmcil Meeting to an Executive Session to discuss negotiations regarding litigation with Kraus-Anderson for the Top Valu Liquor Store, and discuss wage proposals for volunteer (paid on call) firefighters, and to appoint Carole Blowers as Recording Secretary to keep a written report of the same. RECONVENE REGULAR COUNCIL MEETING MOTION: Move to reconvene the Regular Council Meeting from the Executive Session which was called to discuss litigation with Kraus-Anderson regarding Top Valu Liquor Store with a written report being kept by Jo-Anne Student, Council Secretary. 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter R. Fehst, City Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 1!, 1997 CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Council MeetinH to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO THE MEETING AGENDA There were no additions nor deletions to the meetinH agenda. CONSENT AGENDA (Items on the Consent Agenda are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion.) A. Motion by Ruettimann, second by Jones to adopt the Consent A~enda items as listed below: 1) Adopt Council Minutes The Council approved the minutes of the July 28, 1997 Regular Council Meeting. 2) Razinq of Buiidinq at 4200 Sixth Street and 3853 Central Avenue Usin~ the Abatement Fund The Council authorized the Building Official to prepare bid specifications and solicit a minimum of three bids for abatement of the structures. Abatement shall commence as soon as funds are available from the Abatement Fund that was authorized to be created by Resolution No. 97-34. 3. Federal Police Grant Fundin~ The Council appropriated and transferred $34,000 from the Cops FAST grant fund to the Clinton Cops grant fund and appropriated and transferred $85,470 from the General Fund Police Department to the Clinton Cops grant fund. 4. Purchase of Padded Chairs for Murzyn Hall The Council authorized the Recreation Department staff to purchase 104 padded chairs, Model CHF476UB, at the cost of $29.60 per chair, for a total of $3,078.40. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 2 5. Request to DisDose of City Ec~iDment The Council authorized staff to sell through notification, advertisements or consignment, the Data Conversion, Inc. System 7000 microfilm machine. 6. Authorization to Seek Bids for Reta~nQ Wall Construction The Council authorized staff to seek bids for re~aining wall construction at 1316 44th Avenue, 1320 44th Avenue, and 4001 Arthur Street. 7. Close HearInQ - Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of a rental license held by Michael Ryen regarding rental property at 643 40th Avenue in that the provisions of the Housing Maintenance Code have been complied with. 8. Authorization to Seek EnqineerinQ ProDosals on Storm Sewer ImDrovements The Council authorized staff to solicit proposals from consultants for the evaluation and design of improvements for specific portions of the storm sewer system. 9. Block Party Request - Michele Reynolds, 4051 Second Street The Council approved the request of Michele Reynolds, 4051 Second Street, to block off Second Street between 40th Avenue and 41st Avenue for a block party from 4:00 p.m. to 12:00 midnight on Saturday, August 23, 1997. 10. Payment of Bills The Council authorized the payment of the bills as listed out of proper funds. 11. License ApDlications The Council authorized approval of the license applications as listed. 12. Landinq of Air National Guard Helicopter at Huset Park The Council approved the landing of the Air National Guard helicopter for the 1997 Safety Camp held on August 13, 1997. Roll call on Consent Agenda: All ayes RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Introduction of Newly-Hired Employe~ Keith Windschitl, the newly-hired Recreation Director, was introduced. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 3 B. Guests Larry Podany, Anoka County Sheriff, was a guest at the Council Meeting. He addressed the activities of his department for the last year and noted the good on-going relationship his department has enjoyed over the years with the Columbia Heights Police Department. Rick Packer, the City's representative to the Metropolitan Council, spoke of the regional activities of the organization. He referred to the current understaffing of the Met Council which has resulted in some delays affecting various municipalities. Councilmember Ruettimann requested a list of Met Council staff and their office phone numbers who would be responsive to our particular city for items of mutual interest and concern. PUBLIC HEARINGS There were no public hearings. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Second Readinq of Ordinance No. 1350 Reqardin~ Fences Motion by Sturdevant, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1350 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO CONSTRUCTION OF FENCES AND RETAINING WALLS The City of Columbia Heights does ordain: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, (six) 6 feet or higher, without securing a permit therefore from the Building Official who shall require submission of an application prior to issuance of a permit. 6.401 (2.) For purposes of this section, the following words shall have the meaning ascribed to them: REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 4 (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. (c) Front yard is any portion within the front yard setback. 6.401 (3) The written application shall be submitted to the Building Official setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Official may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Official shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402(2) Ail fences shall be constructed of the following approved fencing materials: REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 5 (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11 1/2) gauge, with two (2) inch maximum mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural materials ~esistant to decay. 6.402 (3) Ail fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. (e) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the.height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a Single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 6 Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (2) A six (6) foot cr kigher privacy fence may be constructed only if: (b) Any such fence to be constructed or maintained in the front yard of any corner lot -.-~ ~ I ~ ~ .... ~ ~.~i~i~n ~c- ~ a~j thi t~ ( ) The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. 6.403 (4) (c) Any such fence will not be more than forty-two (42) inches high 4f ........ ~ ................. front yard ........ areas ~ corner o 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by.the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filled with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 7 is hereby amended to read as follows: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, 6 (six) feet or higher, without securing a permit therefore from the Building Official who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. (c) Front yard is any portion within the setback. front yard 6.401 (3) The written application shall be submitted to the Building Official setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401(4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Official may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Official shall not become an arbitrator of boundary disputes between private persons. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 8 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402 (2) Ail fences shall be constructed of the following approved fencing materials: (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11 1/2) gauge, with two (2) inch maximum mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural materials resistant to decay. 6.402 (3) Ail fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 9 (e) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the building Official. 6.403 (2) A six and one-half (6 1/2) foot hiqh Drivacv fence may be constructed only within DroDerty lines and shall not extend beyond the front corners of the main structure (house). Any fence hiqher than six and one-half (6 1/2) feet would require a Special Purpose Fence Permit aDDroved by the Planninq and Zoninq Commission and City Council. (a) A site Dian and construction plan for the fence location must be aDDroved by the Buildinq Inspection/Planninq Department staff and a Buildinq Permit is issued. (b) Any such fence to be constructed or maintained in~ the front yard (limited to forty-two (42) inches) or on a corner lot, no construction shall be permitted in excess of thirty (30) inches above the abuttinq curb line shall be permitted within a trianqular area as defined as follows: Beqinninq at the intersection of the projected curb line of two intersectin~ streets, then thirty (30) feet alonq one curb line, then diaqonally to a point thirty (30) feet from the point of beqinninq on the other curb line then to point of be~inninq. The Building Official shall determine the maximum allowabl~ height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 10 6.403 (4) (c) Any such fence will not be more than forty-two (42) inches high when constructed anywhere within the front yard setback area uD to the front corners of the main structure (house). 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof first be served upon all abuttinq properties of such applicant with proof of service filled with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. This Ordinance shall be in full force and effective January 1, 1998. First Reading: Second Reading: Date of Passage: July 28, 1997 August 11, 1997 August 1!, 1997 Offered by: Seconded by: Roll call: Sturdevant Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations 1) Award of 40th Avenue N.E. Replacement Liqhts - Phase 3 Motion by Jolly, second by Peterson to award 40th Avenue Northeast replacement lights, Phase 3, Municipal Project #9718, to Heights Electric of Columbia Heights, Minnesota, based upon their low, qualified, responsible bid in the amount of $17,500.00 with funds to be appropriated from Fund 212- 43190-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 1t, 1997 PAGE tl C. Other Business 1) ApDrove Contract with H.E.R.C. for Lininq of Innsbruck Watermain and Cleaninq and Linin~ of Argonne Watermain Motion by Jolly, second by Jones to accept the. proposal ~of H.E.R.C. of Phoenix, Arizona for the lining of 2,640 feet of 6" watermain in the Innsbruck area and cleaning and lining of 1,430 feet of 6" watermain on Argonne including a temporary water system for a cost not to exceed $77,785; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same, funding to be from the Water Capital Improvement Fund 651-49449-5130. Roll call: All ayes 2) St. Timoth¥'s Project a) Resolution No. 97-46 Beinq a Subdivision Reauest Re~ardinq a LotsDlit for the St. Timothy's Project Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-46 SUBDIVISION REQUEST I, Gene H. Heglund, Pastor of St. Timothy's Lutheran Church, hereby request a split of PIN 26 30 24 11 0008. Legally described as: Lots 7 and 8, Auditor's Subdivision No. 51, except the North 3.6 acres thereof, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. The West 224 feet of the following described property: Lots 7 and 8, Auditor's Subdivision No. 51, except the North 3.6 acres thereof, Anoka County, Minnesota. o Lots 7 and 8 lying East of the West 224 feet, Auditor's Subdivision No. 51, except the North 3.6 acres thereof, Anoka County, Minnesota. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $-0- be divided. Paid. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 12 Any pending or future assessmenst will be levied according to the new split as approved this day. Any lotsplit given approval shall become invalid if the resolution, motion or other Council action approving the said totsplit is not filed with the County Recorder within one (1) year of the date of the Council action. PLANNING & ZONING DEPT. ACTION: Recommended to City Council for approval as all zoning requirements will be met. Pastor of St. Timothy's Lutheran Church This 5th day of August, 1997 Offered by: Fowler Seconded by: Peterson Roll call: All ayes Tina Goodroad (sig.) Zoning Officer Gene H. Heglund Signature of Owner Notarized 825 51st Avenue N.E. Columbia Heights, Mn. 55421 Owner's Address 571-9721 - T. ~ CITY COUNCIL ACTION: APPROVED SUBSCRIBED AND SWORN TO BEFORE ME THIS 30th DAY OF JULY, 1997 This llth day of August, 1997 Offered by: Jolly Seconded by: Peterson Roll call: Ail ayes Jane Gleason, Notary Public (sig.) Jo-Anne Student Secretary to the Council FEE $150.00 DATE PAID 7-17-97 Joseph Sturdevant Mayor RECEIPT NO. 35839 b) First Readin~ of Ordinance No. 1351 Beinq an Ordinance for the St. Timoth¥'s Project A discussion was held regarding the senior housing project proposed for St. Timothy's property. Participants in the discussion involved residents in the area of the project, representatives of St. Timothy's Church, representatives of the management firm, the developer, City staff and members of the City Council. REGULAR COUNCIL MEETING AUGUST tl, 1997 PAGE 13 In view of there being so many opinions and need for correct information, Councitmember Ruettimann suggested an informational meeting be scheduled to further discuss this project. The date and time for this meeting is August 18th at 7:00 p.m. in the Council Chambers. Staff was requested to mail notices to all affected property owners in the area regarding this meeting. Motion by Ruettimann, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1351 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 PERTAINING TO THE REZON!NG OF CERTAIN PROPERTY Section 1: That certain property legally described as the West 224 feet of the following described property: Lots 7 and 8, Auditor's Subdivision No. 51, except the North 3.6 acres thereof, Anoka County, Minnesota, which is currently zoned R-2, One and Two Family Residential, shall hereafter be zoned R-3, Multiple Family Residential. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 11, 1997 Motion by Ruettimann, second by Jones to establish the second reading of Ordinance No. 1351 for September 8, 1997 at approximately 7:00 p.m. in the Council Chambers. Roll call: All ayes c) Site Plan - St. Timoth¥'s Lutheran Church Motion by Ruettimann, second by Jones to table further consideration of the site plan for St. Timothy's Lutheran Church until August 25, 1997 at approximately 7:00 p.m. Roll call: All ayes d) Conditional Use Permit - St. Timoth¥'s Lutheran Church Motion by Ruettimann, second by Jones to table further consideration of the conditional use permit for St. Timothy's Lutheran Church. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 14 8. ADMINISTR3~TIVE REPORTS A. Report of the City ManaHer The City Manager referred to a memo received from the Manager of Parkview Villa regarding status of the emergehcy panel at Parkview Villa. He also noted he has attended the first trial day of a former resident. B. Report of the City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Included in the agenda packet were the minutes of the July 15, 1997 EDA Meeting. No Council action was needed. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There was no one present for Citizens Forum. RECESS TO EXECUTIVE SESSION Motion by Sturdevant, second by Ruettimann to recess the Regular Council Meeting at 9:35 p.m. to an Executive Session to discuss negotiations regarding litigation with Kraus- Anderson for the Top Valu Liquor Store and to appoint Jo-Anne Student as Recording Secretary to keep a written report of the same. Roll call: All ayes RECONVENE REGULAR COUNCIL MEETING Motion by Sturdevant, second by ~uettimann to reconvene the Regular Council Meeting at 9:45 p.m. from the Executive Session which was called to discuss litigation with Kraus- Anderson regarding Top Valu Liquor Store with a written report being kept by Jo-Anne Student, Council Secretary. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 15 11. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 9:46 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of August 25, 1997 AGENDA SECTION: c oN s E NT ORIGINATING DEPARTMENT CITY MANAGER NO. d.~ POLICE APPROVAL: ITEM: School Liaison Officer Contract BY: Thomas M. Johnspn~X~ BY: NO. ~/to ~., & DATE: August 6, 1997 c/ ~, ~ I DATE: In 1992, the City of Columbia Heights and School District #13 entered into a joint powers agreement to fund a school liaison services program. This contract has been renewed each year since then. The program continues to provide benefits to the School District and the Police Department and is an important part of our juvenile program. The School District shares expenses equally with the Police Department during the school year. Officer Mike McGee has held this position since the inception of the program. Officer McGee has established excellent rapport with the students and staff at the Middle School and the High School. In addition, his contacts at the schools are invaluable in our investigation of juvenile crime. Officer McGee provides an excellent role model to students and is a valuable resource to the school and the community. His continued interaction is ma important link between law enforcement and the educational system. RECOMMENDED MOTION: "Move to authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement herein for the period of August 25, 1997, through May 29, 1998. mld 96-334 COUNCIL ACTION: Section 7 JOINT POWERS AGREEMENT This Joint Powers Agreement dated this __25e~ day of August, 1997, is made pursuant to M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and INDEPEND- ENT SCHOOL DISTRICT #13 (School District). PURPOSE. The purpose of this agreement is to create, fund, and implement the position of Police School Liaison Officer. DUTIES AND RESPONSIBILITIES. The job description for the School Liaison Officer is attached. o SELECTION PROCESS. From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District #13 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School LiaSson Officer is at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. FUNDING. The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package: A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.I.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H. Training I. Vehicle-related Costs Cost breakdown for 1997-98 school year is attached. BILLING. The City shall submit a bill to the School District which will be paid within thirty days of receipt. Page 2 Joint Powers Agreement o 10. TERM. This agreement shall commence on August 25, 1997 and shall end on May 29, 1998. 11. GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with the School District officials. The officer will have office space and phone at the School District's high school without cost to the City. INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee. The City shall indemnify, hold harmless, and defend the School District, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. INDEMNIFICATION BY SCHOOL DISTRICT. The School District shall indemnify, hold hannless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the School District, its agents or employees, in the execution, performance or failure to adequately perform the School District's obligations pursuant to this agreement. TERMINATION OF AGREEMENT. Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. TEMPORARY REASSIGNMENT. Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty days. Page 3 Joint Powers Agreement 12. Resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITI~N ABOVE. CITY OF COLUMBIA HEIGHTS SCHOOL DISTRICT #13 Joseph Sturdevant Mayor David Behlow Superintendent of Schools Thomas M. Johnson Chief of Police Jane Liepold Goodell Principal, C.H.H.S. COST FACTOR BREAKDOWN SCHOOL IJAISON OFFICER PROGRAM 1997-1998 School Year Section 8 Patrol Top Wage Police/School Liaison Officer premium Longevity (16 years) Holiday pay Deferred comp. Overtime allocation TOTAL BASE WAGE $3,774.00/month 110.00/month 234.99/month $45,288.00/year 990.00/9 mos. 2,819.00/year 2,090.00/year 300.00/year 1,960.00/year $53,447.00/year Compensation and Fringe: F.I.C.A. (1.45%) Workers Compensation (7.48 each $100 wage) P.E.R.A. (12% gross wage) Hospitalization ($300.00/month) TOTAL FRINGE BENEFIT COSTS 775.00/year 3,998.00/year 6,414.00/year 4,500.00/year $15,687.00/year Miscellaneous Costs: Training Allowance Vehicle Related Expenses TOTAL MISCELLANEOUS COSTS 700.O0/year 500.O0/year $ 1,200.O0/year TOTAL YEARLY COSTS To compute monthly total: $70,334 divided by 12 months = $5,861 To compute school year total: $5,861 x 9 months (school yr.)= $52,750 To compute School District #13 cost: 1/2 of 9/12 funding formula = $26,375 TOTAL COST TO SCHOOL DISTRICT #13 $70,334.00/year $26,375 mld CITY COUNCIL LETTER Meeting of August 25, 1997 AGENDA SECTION: Consent NO. q ITEM: Authorization to Sell, Salvage, or Dispose of City Property on Thursday, September 4, 1997 NO. q ORIGINATING DEPARTMENT POLICE / BY: Thomas M. Johnson ~ DATE: August 18, 1997 .d,{~ D CITY MANAGER APPROVAL: BY: DATE: The annual city auction will be held at 5:30 P.M. on Thursday, September 4, 1997, with review of articles by the public from 4:30 P.M. to 5:30 P.M. that day. The auction will again be held at the "cold storage building" behind the Municipal Service Center. Attached is a listing of all items by department that are considered to be surplus materials and ready for sale, salvage, or disposal for the city auction. Surplus items are first offered to other departments and then placed in the City auction; and if a sale does not occur, then the items are either salvaged through local salvage firms or are otherwise disposed of. The Police Department has placed the 1989 Chev Corsica in the auction because it will need over $2,500 in repairs to keep it running; i.e., a new fuel injection system and new air conditioning unit. The City mechanics recommend that we remove this vehicle from the fleet, and we do not feel the car is worth this investment. RECOMMENDED MOTION: Move to authorize the sale, salvage, or disposal of surplus City property as indicated on the attached listing of surplus property, to include Municipal Units #0403--1987 Chev Caprice, ~)206 - 1984 GMC 3500 Sierra Crew Cab, and PD #56 1989 Chev Corsica. Attachments mid 97-353 COUNCIL ACTION: RECOVERED BICYCLES P~LICE 1997 DEPARTMENT ITEM DESCRIPTION SERIAL/MODEL # MIN/BID BUYER #1AMT RECEIVED 0:~ Murry 04 Huffy 05 Murry 06 Murray 07 Kent Blaster 08 IMagna 0:~ Sears lO Murray lZ Schwinn Z2 Merl and ~ Unicycle ~4 Schwinn ~5 Huffy Z~ Huffy Z? Fi renze ~8 Schwinn ~9 AMF 20 Shamrock 2! Magna 22 Columbia 23 Released 24 Released 25 Huffy 2~: Schwinn 27 qu tray 28 Fuji 29 Nards DEPARTMENT RECOVERED BICYCLES POLICE ITEM DESCRIPTION SERIAL/MODEL # MIN/BID~BUYER # :AMT RECEIVED b Huffy b 1 04 Sears b 1 05 Huffy b 1 06 Dyno b i 07 Coast King b I 08 Huffy b I Oe Raleigh b 1 10 Unknown b I 1[ AMF b i 12 Raleigh b I 15 Raleigh b I ~4 Huffy b I 15 Magna b 1 [6 Huffy b 1 17 Raleigh b I 18 Murray b i ~ Miyata b I 20 Schwinn b I 2~ Murray b i 22 Huffy b I 2~ Columbia b i 24 Huffy b 1 25 Pacific b i 2~ Magna bl 27 Di~ond Back b 1 2B ~agna b 1 Pinnacle Columbia Huffy Unknown Unknown Huffy Murray Magna Unknown Fuji H u ffy Released Murray Peugeot Murray Ranger Unknown Schwinn Mu tray Un known 1997 DEPARTMENT RECOVERb-D YULIUE bib~bL:~ DESCRZPTION 5~ 60 J. C. Peop¥ : Galaxy Huffy Magna 65 67 68 GT]Verti.go Murray Unknown Schwinn Raleigh Huffy 70 Roadmaster ?~' !Huffy 72 75 74 75 Roadmaster Huffy Huffy letter 76 Ross 77 tuffy iCol umb~ a 79 Open Road 80 Unknown 82 ~chwinn 8:~ ~chwinn 84 5coter 85 ~agna 86 Murray 87 Unknown MIN/BID BUYER ~ :AMT RECF:.i",2ED 1997 DEPARtMENTRECOVERED POLICE BICYCLES ITEM ~88 DESCRIPTION Raleigh Schwinn Schwfnn Unknown SERIAL/MODEL # MIN/BID BUYER #1AMT Sea~s Unknown Magna Columbia Ga I axy Huffy Pynn Vet Haro 1997 DEPARTMENT Police ITEM lO1 DESCR I PT I ON SERIAL/MODEL MIN/BID :BUYER # IAMT RECEIVED Engine starter New I 102 ERA detergent New 105 Scale Good 104 BlAck light lamp Good 105 Ammo box Good Closet Maid shoe rack New 107 Nike hat rack Good 108 Bike seat Good 109 Black & Decker saw Minor damage llO Phone jack New 111 Apline amplifier 41197598D Brown leather case 112 Good New 115 Radio interference fi ] Portable stereo 114 Good 115 Alpine stereo front Good in case 11~' Alpine stereo Good 117 118 119 120 Vibration detector t New Caboodles case I Good Black bag ! Good L'eponge Mirror Mascara (3) check book holders New Good New 121 122 125 Good 124 Yellow flashlight good 125 Good Sanyo Portable disk player Personal organizer Pager 12& Good 127 Cross earrings New 128 Pager Good 129 ~ Good 1997 DEPAR TM£NT Po li ce ITEM 150 151 152 155 154 155 DESCF~IPT I ON Adidas bag, blue 4-way splitter Cable wire, 5 feet Gas cap 28 cassette tapes in blue case Black leather purse SEF~IAL/MODEL # good Good Good Good Good Good ,Child's purse Good 157 Distributor cap New 158 GM rotor New 159 Sony headphones for Good Walkman 140 Oakley sunglasses Good 141 Nylon holster New 142I Good Holster XLT flannel shirt 145I Good Cell phone Good 145 Good Coleman flashlight Sunglasses 146i Good 147 Nylon men's wallet Good Good Gold bracelet Gold necklace 148 149 Good 150 Gold bracelet Good 151 Men's ring Good 152 Pager Good 155 Motorola pager Good 154 Bag of clothes Good/used Women's leather coat Good Brass picture frame 156 157 New Brass picture frame New 158 Blackcase leather brief- Minor damage MIN/BID IBUYER # tAMT Ri~'?,EI VED 1997 DEPARTMENT Police ITEM DESCR I PT I ON 1 59 Jeweler's case 160 Darts and case 161 Leather purse 162 Purse and wallet SERIAL/MODEL # Good Good Good 165 Canyon backpack Good Good Brown leather toiletries kit Jensen car stereo 164 165 166 Urban level meter 1 67 Equalizer 1 68 Walkman 169 Pocket planner 170 Backpack 1 71 Mittens t 72 Coin holder 1 75 Temp sending unit Hood & trunk light Hood ornament Miscellaneous clothes 174 175 1 76 i 77 Aiwa boom box 1 78 Misc. women's clothes 1 79 black purse 1 80 Car stereo 1 81 Bowling ball 1 82 Misc. ctothing~ kids Good Good Good Good Good Good Good New New New Good Good Good Good Good Good 1 e5 car stereo Good 1 84 Bowling ball/ bag Good 185 Vot~ey ball net Good MIN/BID BUYE~ # i e6 Cordless drill Good 1 87 Misc. police equipment I' AMT RLCEIVED 1997 DEMARTMENT Police {TEM lee 189 190 DESCRIPTION 2 boxes of 3-ring binders 3 dozen cases SERIAL/MODEL New New Tire/rim Good 191 Sewing machine Good 192 Fire extinguisher Good 19~ Suitcase 194 Winter cQat i95 Misc. electronics 19& Tapes/case 197 Wooden desk w/return Fair cond. 198 3 shelf wooden bookcase Si-8100 Sharp copier with stand Black with woodgrain HON desk DlacR with woodgraln HON desk 1000 1001 Fair cond. As is Good cond. Good cond. 1002 4-drawer wooden desk Fair cond. 1003 Good waiting room Beige waiting room chair Beige waiting room chair 6-piece sectional sofa Gray bookshelf 1004 1005 1006 1007 Good Good Good Fair 1008 Blue office chair Fair 1009 Plaid office chair Fair Murzyn Hall chair 1010 no back Fair Murzyn Hall chair 1011 no back Fair 1012 1013 Murzyn Hall chair no hmrk MurzyD Hall chair no back Fmir Fair Murzyn Hall chair no back Murzyn Hall chair 1014 no back Fair Murzyn Hall chair 1015 no back Fair 1016 i Fair MIN/BID BUYER # AMT ~ ~IVED DEPARTMENT Police 'ITEM 1017 1018 DESCRIPTION Murzyn Hall chair no hack Murzyn Hall chairs complete - 4 SERIAL/MODEL Fa,ir Good 1019 41 Vinco chairs Good 1020 irs Fair 1021 1022 1023 42 Metal folding cha 16 Blue an~ orange hard plastic chairs Black & woodgrain 1024 1025 1026 1027 1028 1029 1030 1031 Good Good legal size file folder cart MIN/BID BUYER ~ AMT RECEIVED 1032 1033 1034 1035 1036 1037 DEPARTMENT Park ITEM 202 2OJ 204 DESCRIPTION #403 SERIAL/MODEL 1987 Chev Caprice I 91,305 miles #206 I 97,195 miles 1984 GMC/3500 Sierra Cr~w Cab PD56 i 1989 Chev Corsica ~ 63,098 miles 205 Recycling trailer 206 207 208 MIN/BID BUYER 209 220 2t 1 212 215 214 215 ~ 217 ~ f : I 219~ 220t 221 25 24 25 26 27 ~ 1 28~ $ AMT RECEIVED DEPARTMENT Garage ITEM DESCRIPTION ~ SERIAL/MODEL # MIN/BID BUYER # AMT RECEIVED 250 Black & Decker Valve Cov~r Grinder F/A #1408 251 Misc. vehicle repair ~arts - 1 box 252 Misc. vehicle repair ~arts -~1 box Misc. vehicle 255 ~'~O~-parts -v~l box ~il i ] 254 Misc. vehicle repair parts - 1 box 255 Misc. vehicle repair parts - t box 25~ Misc. vehicle repair parts - 1 box 257 Misc. vehicle repair parts - 1 box 258 Misc. vehicle repair parts - 1 box 25~ Misc. vehicle repair parts - 1 box 240 Misc. repair parts small mower & engine 1 b¢~x 241 Misc. repair parts small m°wer & engine 1 bcx I [ 242 Misc. repair parts small mower & engine 1 bcx 245 244 245 24~ 247 248 24~ 250 251 52 55 Water - Sewer ITEM DESCRIPTION 1990 #197 Mower? Snapper 19" 1970 Mopeco Heater/ventilator #128 SERIAL/MODEL I F/A #1262 I 06320967/P214071 t F/A #i349 2&O 103545/PEG8A 261 1975 #112 , F/A 1345 Homelite centrifugal pum~ 51607034/120TP3-1A 262 Chalk Board } F/A #917 MIN/BID BUYER AMT REE~]_ ] VED 265!Hood vent - range I F/A #926 t I 264 I 266 267 2~8 269 270 71 72 74 75 76 77 78 79 80 81 82 85 84 85, 86 87 I I i DEPRRTMENT $ tree t ITEM 273 DESCRIPTION Rattler packer #13 SERIAL/MODEL # F/A # 1072 A-21 Kohler K91T F/A #1071 MIN/BID 2 74 S andb las ter 275 I Banner poles~2 20' long - 1,'. base BUYER AMT RE. 'if IVED DEPARTMENT ITEM 288 289 290 291 292 DESCRIPTION SERIAL/MoDFj_ # MIN/BID BUYER ~ AMT RECEIVED Star NX1000 Printer CPU w/floppy 5%" drive Bulletin Board Paper cutter F/A # 810 f;900 CPU 286 w/2 floppy 5~" ~rives F/A#799 293 19" Color Monitor t F/A ~.869 i DEPARTMENT Fire 'ITEM DESCRIPTION SERIAL/MODEL ~# MIN/BID BUYER ~ AMT RE~EIVED 301 Soldering gun 302 4 ft. table 303 Brown chair 304 Stack chairs - 2 305 5 ft. table top 306' Gray chair 307 Gray chair 308 Mail boxes 309 ~ Mail boxes 310 311 Cassette deck 3338 stereo Box of books DEPARTMENT Library ITEM 801 DESCR I PT I ON Christmas Tree SERIAL/MODEL White w/ornaments MIN/BID 0 BUYER # AMT RE, ~ ~VED DEPARTMENT Finance ITEM DESCRIPTION SERIAL/MODEL ~t MIN/BID BUYER ~IAMT RECEIVED 901 386 computer N/A I None ! 902 386 computer N/A None 905 386 computer 904 386 computer 905 386 computer 90& 386 computer N/A N/A N/A N/A None None t N/A ! None None 907 386 computer N/A None 908 386 computer N/A None 909 386 computer system I N/A None 910 386 computer system None i N/A IBM PS2 model 80/386 c~mputer 911 386 computer system None 912 386 computer system ! N/A None 915 None i' N/A 286 computer system N/A 914 915 Miscellaneous softwarei None I None 91& Miscellaneous softwareI N/A None 917 Mitsubishi 21" monitor! N/A None 918 Mitsubishi 21" monitor N/A None 919 Dest 3000 scanner N/A None Okidata 391 printer N/A N/A N/A 920 921 ) t 922 i 1 box Intel overdrive Processors A T & T Merlin Telephone system Okidata 390 printer None None None 925 N/A None 924 Epson LX810 printer N/A None 925 N/A 92& 386 computer Bad power supply 386 computer N/A None None 927 386 computer N/A None 928 386 computer N/A None Misc. Ethernet boards N/A ! None Finance ITEM DESCRIPTION Mitsumi EXT iXCD Rom dri 950 951 Quick Rel 2400 baud mode 952 Cordnial 2400 baud modem 955 t box Western digital Ethernet cords 954 Keyboard drawer 955 CPU stands Data Products Laser prin 957 Misc. software 958 959 940 941 942 945 944 945 946 947 Misc. software Misc. software Misc. software 1 box of Colorado tape drives Misc. hardware 386 computer Mi tsumi 1X CD Rom drive & controller Media Magic sound cord Media Magic sound cord Misc. electronics Bad power supplies SERIAL/MODEL ,e N/A N/A N/A MIN/BID None None None N/A None N/A None N/A None :er N/A None N/A None N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A None None None None None None None None None None BUYER ;AMT RE~,r t VED 948 952 55 57 58 CITY COUNCIL LETTER Meeting of August 25, 1997 AGENDA SECTION: Consent NO. q ITEM: Authorization to pay for Project NO. Safety Net services ~..~,, ~ ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnso~l DATE: CITY MANAGER APPROVAL: BY: DATE: The cities of Fridley, Columbia Heights, Blaine, and Coon Rapids participate in Project Safety Net, which deals with juvenile issues such as curfew, runaways, and children in crisis. In addition, Project Safety Net provides a staffed drop-off center and recreation center. Columbia Heights cost for Project Safety Net service for 1997 is $4,000--the same as it was for 1996. The following data represents the number of juveniles taken to the juvenile center since its start: Columbia Heights: 1995 (July through December) 117 1996 181 1997 (January through August 14) 107 Compared to other departments: Fridley 1995 (May through December) 268 1996 375 1997 (January through August 14) 183 C°°nRapids 1995 1996 1997 (December) 25 175 (January through August 14) 111 Blaine 1996 197 1997 (JanuarythroughAugustl4) 93 Totals: 1995 412 1996 931 1997 501 1844 RECOMMENDED MOTION: Move to authorize payment to the City of Fridiey $4,000 for our participation during 1997 in Project Safety Net, with payment to be made from the Police Department's budget, line 3050, Expert and Professional Services. mid 97-356 COUNCIl. ACTION: FRIDLEY MUNICIPAL CENTER o 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 · (612) 571-3450 · FAX (612) 571-1287 8/5/97 Chief Tom Johnson Columbia Heights Police Department 559 Mill Street NE Chief Johnson, Greetings, I hope things are well for you and your city. The following is an invoice for services rendered by Project Safety Net for the year 1997. I apologize for not getting it to you sooner. Colmnbia Height's cost continues to be $4,000 for 1997 (as it was for 1996). ' Should you have any questions or concerns in regards to Safety Net, please feel fi:ee to reach me at 572-3643 or by pager at 534-4732. Sincerely, Kevin Thomas, MSW Project Safety Net Fridley Police Department CITY COUNCIL LETTER AGENDA SECTION: Consent NO. ITEM: Project Safety Net Report No. ORIGINATING DEPARTMENT POLICE - BY: Thomas M. DATE: August 22, 1997 - ~ ' Meeting of August 25, 1997 CITY MANAGER APPROVAL:,... / / On August 5, 1997, I received a letter from Kevin Thomas of Project Safety Net asking us for our 1997 payment of $4,000. These funds are used to cover the cost of staffing the Safety Net Project which, as you know, is for curfew violators. After receiving this bill, I recalled a conversation I had with Dave Sallman and Kevin back in January or February regarding the Safety Net funding and grants we were receiving. At that time Kevin had stated we would not have to pay our annual fee if all of our grants we had applied for were approved. I called Kevin and asked him about this and he stated I was correct; the grants have been approved and we could disregard the billing. At this time I am asking the Council to remove the request for $4,000 for Project Safety Net from the agenda. We would ask the Council to pass a motion supporting the ongoing work of Project Safety Net and our involvement in it. RECOMMENDED MOTION: Being that Project Safety Net is a joint venture with the cities of Columbia Heights, Hilltop, and Fridley, and, being that the City of Columbia Heights has been a part of Project Safety Net since its beginning, and, being that the work performed by this project is beneficial to the youth, parents, and police officers of this community, the City Council of the City of Columbia Heights moves to continue its support and association of Project Safety Net. TMJ:mld 97-359 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS DATE: August 22, 1997 TO: FROM: WALT FEHST CITY MANAGER ,a ,4 " WILLIAM ELRiTE~A~ ~~-~ FINANCE DIRECTOR DEPARTMENT COPIERS The past practice in the purchase of major equipment items has been to analyze maintenance costs on the item in addition to the actual purchase cost before making the purchase. This was done for the copier at City Hall and, to the best of my knowledge, for the Library and Public Works. I do not know if this was done on the acquisition of the new copier in Recreation. It has also been past practice when maintenance costs or other costs exceed the Division Head's authority for approval on an annual basis to take these costs to the Council with the purchase of the item. I researched Council minutes and found that this was the case for the Kodak copier when it was purchased for City Hall. For the copiers purchased for the Library, Public Works, Community Development, and Police, these costs are far below the authority of the Division Head's approval limit. Subsequently, they may not have been taken to the Council. In the case of the copier for Recreation, the interim Recreation Director estimated that annual maintenance costs would be around $3,500. The May invoice for maintenance was $494.56. If that same rate of copying is maintained for a full year, total maintenance costs would be closer to $6,000 annually. However, the interim Recreation Director projected that copying volume would decrease. The following chart shows the annual maintenm~ce costs on the copiers in the various City departments: Department Prqiected Cost Library $544.00 Community Development 675.00 Police 895.00 Public Works 1,780.00 Recreation 3,500.00 Memo to Walt Fehst August 22, 1997 Page Two Annual maintenance costs for copiers are based on the number of copies run. For example, on the Recreation copier, the minimum monthly maintenance charge is $151 for the first 10,000 copies, and each copy in excess of that is charged at $0.0151/copy. On their May/June bill, they ran 32,752 copies, for a total May bill of $494.56. Generally speaking, the per copy cost on the smaller department copiers is much higher than the cost on the copier at City Hall, and I have always advocated that departments should do their large copying jobs at City Hall to take advantage of the lower per copy cost. For example, again using the May Recreation copier bill, they had 22,752 copies over their minimum that month. At their rate of $0.0151 per copy, the additional cost was $343.55. Had these additional copies been run at City Hall, the cost would have been $225.24, for a net savings of $118.31. If you would like any additional information on this subject, please let me know. WE:dn 9708221 CITY COUNCII~ LETTER Meeting of: 8/25/97 AGENDA SECTION: CONS ENT ORIGINATING DEPARTME~: CITY MANAGER 4c ITEM: FINAL PAYMENT FOR 1997 SEAL COAT BY: M. WINSON W~ BY: PROJECT - ZONE 2, MUNICIPAL PROJECT #9701 DATE: 8/18/97 ' ~f - DATE: The contractor has completed seal coating work in Zone 2. Zone 2 includes the streets bounded by Reservoir Blvd, 37t~ Avenue, Stinson Boulevard and 45~ Avenue. Those streets which are included in the Street Rehabilitation Program were not seal coated. Pierce Street from 46t~ Avenue to 47th Avenue and south parking lot at Keyes Park were also seal coated (Pierce Street was deleted from Zone 1 because of Heritage Heights construction.) Attached is the Certificate of Performance. Staff is recommending approval of final payment to Allied Blacktop Company and acceptance of the work. RECOMMENDED MOTION: Move to accept the work for 1997 Seal Coat Project - Zone 2, Municipal Project #9701 and authorize final payment of $30,517.36 to Allied Blacktop Company of Maple Grove, Minnesota. MAW:jb 97-484 Attachment COUNCIL ACTION: CERTIFICATE OF PERFORMANCE City of Columbia Heights Municipal Project Number: 9701 Name of Contractor: Total Value of Work: Allied Blacktop Co. $30,517.36 i HEREBY CERTIFY that I have been in charge of the work required by the above described contract that all of such work has been done and performed measured by and in accordance with and pursuant to the terms of said contract. Date: Signature: ity Engineer CITY COUNCIL LETTER Meeting of: 8/25/97 AGENDA SECTION: ORIGINATING DEPARTM~T: CITY MANAGER I illll L bl~ ITEM: A~O~ATION TO SEEK ENG~E~G BY: M. Winson ~~~ BY: P~OPOS~S S~LIV~ L~ P~ S~T~Y DATE: 8/19/97' ~ DATE: Background: As part of the sale of a portion of Sullivan Lake Park, the existing sanitary sewer main needs to be relocated. The line along the east property line needs to be replaced to reverse the flow and new line needs to be installed along the south property line, (see attached drawing). In addition, it is planned to increase the capacity of existing sanitary sewer lif~ station and force main at Sullivan Lake Park. The estimated cost of these improvements is approximately $175,000 and is part of the anticipated costs that are covered by the $250,000 grant from DTED. ~ Along with this improvement, the City has agreed to provide a trail and landscaping along the south side of the property. This improvement is also to be funded from the DTED grant. Discussion: The timing of the sanitary sewer realignment was driven by Medtronic's schedule for the second phase expansion of their facility. The proposed senior apartment development on the St. Timothy's property has moved up the time schedule. This proposed facility will need to connect in to the new south sanitary sewer main and it is anticipated that additional capacity will be needed at the lffi station to handle the flows from this facility. The costs for engineering design, inspection and contract administration are eligible costs under the DTED grant and were included in the application. RECOMMENDED MOTION: Move to authorize staffto solicit proposals from consultants for the design, inspection and contract management of the Sullivan Lake Park Sanitary Sewer Improvement. MAW:jb 97-493 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 8/25/97 AGENDA SECTION: ORIGINATING DEPAI~TME~: CITY MANAGER NO: ~ CONSENT -- PUBLIC WORKS , ][Jt~l i~. ITEM: AWARD OF SANITARY SEWER LINING BY: M. WINSON ~ ~ BY: MUNICIPAL PROJECT #9717 q' /~ "7 DATE: 8/19/97 ~ BATE: On April 28, 1997 Cotmcil authorized staffto seek bids to line the sanitary sewer on Polk Place from Polk Circle to Mulcare Drive. Plans and specifications were sent to two vendors. The products available for lining sanitary sewers are specialized and proprietary. Two sealed bids were received for the opening on August 14, 1997, as shown on the attached bid tabulation. The low bid was belo~v the budgeted mount of $30,000.00. Staff recommends awarding the sanitary sower pipe lining work to the low bidder, Visu-Sewer Clean and Seal, Inc. RECOMMENDED MOTION: Move to award the Sanitary Sewer Lining, Mtmicipai Project #9717, to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin, based upon their low, qualified, responsible bid in the mount of $23,505.00 with funds to be appropriated from Fund 652-49499-5130; and, furthermore, to authorize the Mayor and City manager to enter into an agreement for the same. MAW.-jb 97-491 COUNCIL ACTION: BID TABULATION SANITARY SEWER LINING MUNICIPAL PROJECT #9717 PLAN HOI_DER'S LIST I Insituform Central, Inc.; chesterfield, MO 2 Visu-Sewer Clean & Seal, Inc.; Pewaukee, WI BID OPENING Thursday, August 14~ 1997; 11:00 A.M. Description Sanitary Sewer Lining Quantity 1 Engineer's Estimate Visu-Sewer Insituform Unit Total __ . Total Total L.S. $30,000.00 $23,505.00 $27,500.00 Bid Security Time required to begin work, once contract is executed: Time required to complete (working days only): 5% Bid bond 60 Days 10 Days 5% Bid bond CITY COUNCIL LETTER Meeting of: 8/25/97 AGENDA SECTION: CONSENT ORIGINATING DEPA#RTMEI~: CITY MANAGER ,,o: ,,, _ ITEM: AWARD CONTRACT FOR ROOF REPAIRS AND BY: M. Winson ~p,~,t,,,,---.t BY: LOMIANKIIIVlPROVEMENTSpARK ATBuiLDiNGsGAUVITTE, qRAMSDELL" ~., i~AND DATE: 8/19/97 ~/ DATE: Background: The 1997 Parks Capital Improvement Budget includes $5,000 for improvements to and re-roofing the building at Lomianki Park and $4,000 for re-roofing the buildings at Gauvitte and Curt Ramsdell (Mathaire) Park. Staff prepared specifications for these improvements and sent requests for bids to 10 contractors. Two bids were received and are attached along with the specifications. Discussion: The low base bids for the Gauvitte and Ram~dell (Mathaire) buildings add up to $7,800. With the alternates, the total is $10,985. The low bid for the Lomianki building is $5,445 for the base bid and the alternate of adding an overhang is an additional $5,850 for a total of $11,295. The total for all three buildings is $22,280 or $13,280 greater than the budgeted. There are two projects that were budgeted that will not be done this year, Prestemon tennis courts, $12,000, and Huset #2 improvements, $15,000. It is staffs recommendation that the roofing improvements should be done this year as the condition of the structures will continue to deteriorate and construction costs will continue to rise. RECOMMENDED MOTION: Move to award the contract for roof repairs and improvements for the park buildings at Gauvitte, Lomianki and Ramsdell (Mathaire) Parks to Milton Johnson Company based on their low qualified quote of $22,280.00 for all options; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same, with funding to be from the Park Capital Improvement Fund, 412-45200. MAW:jb 97-492 COUNCIL ACTION: CITY OF.COLUMBIA HEIGHTS INFORMA~L QUOTATION FOR: PARK BUILDING ROOFS: GAUVITTE, LOM!ANKI AND MATHAIRE DATE: JULY 16, 1997 SPECI______.~CATIONS Refer to th~ attached six specification sheets and three plan sheets. PERMITS AND LICENSING. A permit will be required for this work. The City of Columbia Heights fees will be waived. The Contractor and each subcontractor may need to be licensed in Columbia Heights to work within the Corporate Limits. Contact Kathy Pepin at 782-2817 for permit and licensing information. BASIS OF AWARD. ' Award shall be based upon, but not limited to, the'f~ctors of price, delivery, or completion date, and the City's knowledge of and experience with the bidder's past performance and product. AIl three building projects will be awarded to one bidder. The extent of work done on each building will be whatever is deemed to be in the best interest of the City of Columbia Heights. The City reserves the right' to accept or-ieject any or all proposals which in its opinion is in the best interest of the City of Columbia Heights. PROPOSAL_ Bidders shall satisfy themselves by a personal examination of the site as to all local conditions affecting the performance of the work. We the undersigned agree to furnish the necessary labor, equipment and materials to complete all work in accordance with the specifications for the following lump sums: GAUVITTE PARK BUILDING (PROJECT 9712) ROOF CONSTRUCTION REMOVE BEAMS AND COLUMN ' ' INSTALL ALUMINUM FACIA $ 3,825.00 $ 625.00 $ 985.00 LOMIANKI PARK BUILDING (PROJECT 9711) ROOF CONSTRUCTION (Includes Aluminum Facia) CONSTRUCt OVERHANG $. 5,445.00 $ 5,850.00 MATHAIRE PARK BUll,DING (PROJECT 9713) ROOF CONSTRUCTION $ _ 3, q7 5. flO INSTALL ALUMINUM FACIA $ _ 1,575.00 ALTERNATE: Remove existi 7and install plywood over insulation (includes aluminum soffit ~. fascia) ALTERNATE: (3) member fascia, 2 x 8, 2 x 6, 2 x trimmed PRICE - $1,600.0C (includes aluminum) PAdE 2 Delivery Number of working days required to complete the project after receipt of the Purchase Order: 3 0 Days The City reserves the right to adjust the construction schedule. Wa~ant¥ (~). year labor warranty, manufact, urer's warranty on roofing QUOTATIONS MUST BE RETURNED BY: 3:00 P.M., FRIDAY, AUGUST 1, 1997 We understand that this quotation may not be withdrawn for a period of sixty (60) days from the date of submittal. Firm Name MILTON JOHNSON COMPANY: Address 525 Lowry Ave. N. E. Date 8/1/97 Signature Signature BRUCE R, ER!CKSON (Print or Type Name) FOR: DATE: crrY OF COL. UMBL HmGHTS DqTORaMAL QUOTATION PARK BUILDD4G ROOFS: GAUVTrTE, LOMIANKI AND IvlATt~ JULY 16, 1997 SPECIFICATIONS Refer to the attached six specification sheets and three plan sheets. PERMITS AND LICENSING A permit .will be required for this work. The City of Columbia Heights fees will be waived. The Contractor and each subcontractor may need to be licensed in Columbia Heights to work within the Corporate Limits. Contact Kathy Pepin at 782-2817 for permit and licensing information. BASIS OF A%VARD Award shall be based upon, but not limited to, the factors of price, delivery, or completion date, and the City's knowledge of and experience with the bidder's past performance and product. " All three building projects will be awarded to one bidder. The extent of work done on each building will be whatever is deemed to be in the best interest of the City of Columbia Heights. The City reserves the right to accept or reject any or all proposals which in its opinion is in the best interest of the City of Columbia Heights. PROPOSAL Bidders shall satisfy themselves by a personal examination of the site as to all local conditions affecting the performance of the work. We the undersigned agree to furnish the necessary labor, equipment and materials to complete ali work in accordance with the specifications for the following lump sums: GAUVITTE PARK BUll.DING (PROJECT 9712) ROOF CONSTRUCTION REMOVE BEAMS AND COLUMN INSTALL ALUMINUM FACIA LOMIANKI PARK BUlLDING (PROJECT 9711) ROOF CONSTRUCTION (Includes Aluminum Facia) CONSTRUCT OVERI-I~G MATHAIRE PARK BUILDING (PROJECT 9713) ROOF CONSTRUCTION $ INSTALL ALUMI2qUM FACIA $ /NFORMAL QUOTATrON PAGE 2 Deliver~ Number of working days required to complete the project after receipt of the Purchase Order: t/5' rays The City reserves the right to adjust the construction schedule. Warranty OUOTA~IoNs MUST BE RETURNED BY: ..3:00 P.M., FRIDAY, AUGUST 1, 1997 We understand that this quotation may not be withdrawn for a period of sixty (60) days from the date of submittal. Date Signature Signature (Print or Type Name) CITY COUNCIL LETTER - Meeting of August 25, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER ¢ CONSENT Fire APPROVAL NO: ITEM: Re-Issue Rental Housing License after BY: Charlie Kewatt BY: Revocation ~'~. ~ .~ DATE: August 11, 1997 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Francis Job regarding rental property at 4017 6z Street for failure to meet the requirements of the Housing Maintenance Codes has been resolved. The above mentioned owner has corrected ,~= oU=ts_tanding violations and paid all fees due. RECOMMENDED MOTION: Move to issue a Rental Housing License to Francis Job to operate the Rental Property located at 4017 6m Street in that the proVisi0n~ of h%- ~IoUsing Maintenance Code have been complied with. close.hea COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS DATE: August22,1997 TO: FROM: RE: WALT FEHST CITY MANAGER FINANCE DIRECTOR DEPARTMENT COPIERS The past practice in the purchase of major equipment items has been to analyze maintenance costs on the item in addition to the actual purchase cost before making the purchase. This was done for the copier at City Hall and, to the best of my knowledge, for the Library and Public Works. I do not know if this was done on the acquisition of the new copier in Recreation. It has also been past practice when maintenance costs or other costs exceed the Division Head's authority for approval on an annual basis to take these costs to the Council with the purchase of the item. I researched Council minutes and found that this was the case for the Kodak copier when it was purchased for City Hall. For the copiers purchased for the Library, Public Works, Community Development, and Police, these costs are far below the authority of the Division Head's approval limit. Subsequently, they may not have been taken to the Council. In the case of the copier for Recreation, the interim Recreation Director estimated that annual maintenance costs would be around $3,500. The May invoice for maintenance was $494.56. If that same rate of copying is maintained for a full year, total maintenance costs would be closer to $6,000 annually. However, the interim Recreation Director projected that copying volume would decrease. The following chart shows the annual maintenance costs on the copiers in the various City departments: Department Pro~iected Cost] Library $544.00 Community Development 675.00 Police 895.00 Public Works 1,780.00 Recreation 3,500.00 Memo to Walt Fehst August 22, 1997 Page Two Annual maintenance costs for copiers are based on the number of copies run. For example, on the Recreation copier, the minimum monthly maintenance charge is $151 for the first 10,000 copies, and each copy in excess of that is charged at $0.0151/copy. On their May/June bill, they ran 32,752 copies, for a total May bill of $494.56. Generally speaking, the per copy cost on the smaller department copiers is much higher than the cost on the copier at City Hall, and I have always advocated that departments should do their large copying jobs at City Hall to take advantage of the lower per copy cost. For example, again using the May Recreation copier bill, they had 22,752 copies over their minimum that month. At their rate of $0.0151 per copy, the additional cost was $343.55. Had these additional copies been run at City Hall, the cost would have been $225.24, for a net savings of $118.31. If you would like any additional information on this subject, please let me know. WE:dn 9708221 CITY COUNCIL LETTER Meeting of August 25, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER 4 CONSENT Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation '/'J/'/"/~' t~ DATE: August 20, 1997 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against John Ansorge regarding rental property at 943 42na Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of August 25, 1997. The public hearing on this property may now be closed in that the owner has complied with requirements of the Housing Maintenance Code byscheduling the_ annual ~_speCtion Of the property~ RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by John Ansorge Regarding RentMPrope~y_.at__9_43 ~l~.a=Av_enue in that the Provisions of the Housing Maintenance Code Have Been Complied With. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of August 25, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: August 20, 1997 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against James Egge regarding rental property at 943 42na Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of August 25, 1997. The public hearing on this property may now befi!o~~ that~thepwne_r has complied with requirements of the Housing Maintenance Code by scheduling the annual inSpe, ctiofl of the p~operty. ImCOMMENDED MOTION: Move t6 Close the Pubiic Hear~'-i~ar-din-g-~he~Revocation or Suspension of the Rental License Held by James Egge Regarding Rental Property at 943 42~a Avenue in that the Provisions of the Housing Maintenance Code Have Been Complied With. _ ........ COUNCIL ACTION: Close Hearing Council Letter CITY OF COLUMBIA HEIGHTS Meeting of: Auqust 25, 1997  '~ ORIGINATING DEPT.:.~ EXECUTIVE DIRECTOR AGENDA CTION: CONSENT NO: EDA APPROVAL ITEM: 500 CLUB REQUEST TO HOLD TWELFTH BY: Tina Goodro BY: ANNUAL KIELBASA DAYS CELEBRATION DATE: August 22, No: - For the past 11 years the City Council has approved the request of the 500 Club, 500 40th Avenue NoE. to serve beer and have live music outside of their building as part of their Kielbasa Days Celebration. Mr. Pastuszak is again requesting authorization to do so September 5th, 6th and 7th, 1997. On September 5th the event will be held indoors and on the 6th and 7th it will be held from 3:00 p.m. to 8:00 p.m. outside in the rear parking lot. In the past this event has caused no problems. Staff will notify Mr. Pastuszak of the conditions that will apply to this event as in the past. These include: No vehicles can be used to block off any streets. 2. No street can be filled with tables and chairs or other items in such a fashion as to impede the response of emergency vehicles. 3. Any noise or complaints received by the Police Department would be handled with one verbal warning and if they are recalled the celebration would have to cease. 4. If your business will be putting up any temporary signs regarding this event, you must have a permit for the signs. Please contact Tina Goodroad at 782-2856 for more information. RECOMMENDED MOTION: Move to authorize the 500 Club to serve beer and have live music in their parking lot on September 5th, 6th and 8th, 1997, from 3:00 p.m. - 8:00 p.m. each day, in conjunction with their Twelfth Annual Kielbasa Days Celebration at 500 40th Avenue N.E. EDA ACTION: \bt\letter\council August 15, 1997 TO WHOM IT MAY CONCERN: The 500 Club, S00-40th Ave., N.E., proposes to hold its Twelfth ANNUAL KIELBASA DAYS CELEBRATION in the parking lot at the rear of the Club. The Kielbasa Days celebration will be held on Sept. 5 th, 6 th and 7 th. Sept. Sth, will be held indoors only, the 6th &7 th will be from 3:00p.m. to 8p.m., which will be held in the parking lot at the rear of the Club. A canopy will be erected and plans are to serve Kielbasa Sandwiches, beer, soft drinks and snacks under the canopy. Old Time Music will be played for the entertainment of the patrons attending. Frank J. Pastuszak 500 Club 500 40th Ave. N.E. Col. 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I...]~.ST' C]~TY OF-" C:OI...t...II'dB]~A t.~IiEZ(SHTS GI...540F~-V05.00 PAGIZ 4 BAN 1< VENDC'IR CHEC.':I< NUMBEI:~ AMO Ut"I"I- BAI"! I< CHEC~ K :I:I,tI:.S ACCCIt...II'-I'T' ]] NDUS]"F:,' ]] Af... I)O01::,' CO I IqC ]] N'¥'li:-.l::S]"A'¥1ii: DE'FI::X] ]] T D I ESE ][ I::'C F:'R ]: NJ" ][ .t:F'MA- M.I:NNESOT¥:~ JOHNSCH"I .-81:;~0S,, i._]:[-~UOR C':C). JOl"llqS'¥Ol',IIi~. E.":LJF:'F'I...Y C:O l< MAR]" KEI'-INE]DY ~S: I<E]WA T]"/CFIARL..E]S I...AKIE ]]MF~'ROVEMIS]"IT C,'OI',ISt..ILT I_E]E~F' BROS, I...YI'-iDE COMPAI"tY MAC': QUE]E]',I IEQU]~I::q'dE]',tT CO, MC'C BE]'-IAV ]] ORAL. CARE] ]]I'-IC; MC':G i NI',I ! I"II~]'-IARDE~ CASHWAY L.t..1MBEI'~-:-Ix' MET~,'OPOL..!TAbl C:OUNC:L'L.. WAS M]]D~JEST ASPHALT CO, i'd ]] I',INFi]Atx'OI... I :ii; F' i I',iANC':tii] DEi~:'T M ][ I'-INEG AS C:O I"! :E: F:' I'-IOF:,']"HIiEF~:t'.I F:'OWEF:: F:'F:,'CJDUCT'-S~ O]::'F:' ]] CF.[ F:'lii]::-'.F:'OF:,'MAI"IC'-ti[ C;OMF:'LJTIiEF:,' F:'OF:,' F:q"l I t...L. 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Check H :i. s't'.o ry 8/~:.o/~'7 COUNC.I.L I..]:ST C ]:'FY OF' COL. LJM)B:I:A HE:[ GI"I]"S ~ GI...540R"-'V05,00 F:'AGE ',':.", B A t',I K V E I',f I) 0 R BAN K CI"IIZC I(:[ NG AC~COUI~I'¥' ZIE':P MANLJFAC~TUF::]]-IG COMF'AN CHECK htUMBER 66902 AMOUN'¥' 'TO CiTY COUNCIL AUGUST 25, 1997 _~'~'~gne[I 'Waiver T-arm Accompanied Application 1997 BUSINESS ~ICENSE AGENDA APPROVED BY BUILDING OFFICIAL 'CONTRACTORS *Apollo Heating and Vent. Corp. *Construction Service Company *EJD Development Company *Engberg Plumbing *Bruce Nelson Plumbing LOCATED AT 6510 Hwy. 36 Blvd. N. 1216 Dowling N. 4055 - 176th Ave. N.W. 3030 County Road J 1272 S. Pt. Douglas Rd. FEES ~40.00 ~40.00 ~40.00 ~40.00 ~40.00 POLICE DEPARTMENT TAXICAB DRIVERS *David LeRoy Painter 304 - 2nd Ave. N.E., New London ~20.00 license.ag - CITY COUNCIL LETTER Meeting of : August 25, 1997 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~ App ,ROVALd NO: '-- DATE: AUGUST 22, 1997 Each year, the International City Management Association holds a national conference. The conference provides an opportunity to receive continuing education in the field. Attached is some information regarding the conference. Registration for the event is $535. Air fair into Seattle and out of Vancouver is approximately $350-$400 and room registration is approximately $150-$200 Canadian/night. Monies are budgeted for this conference in the City Managers budget. RECOMMENDED MOTION: Move to authorize the attendance of Walter Fehst at the International City Management Conference in Vancouver, British Columbia , September 13th-17th. There is presently monies in the City Manager's Budget for this conference. COUNCIL ACTION: CELEBRATING VANCOUVER'S M ULTICULTUF~ALlSM SUNDAY~ SEPTEMBER 14, 3-S P,M. Taking advantage of the area's diversity, this year's Opening Session will feature a variety of entertainers representing the cultural mosaic of Vancouver and Canada. Vancouver's natural beauty, renowned quality of life, and strategic trade loca- tion on the Pacific Rim have attracted immigrants from more than 60 cul- tures. Northwest Coast First Peoples and a mix of Asian/Pacific cultures have blended with settlers who have roots in Europe, the Middle East, and other parts of the world to create the Vancouver community The Opening Session will kick off the.. conference with an upbeat, entertain- ing, and informative introduction to the conference's unique host city Vancouver's deputy city manager Judy Rogers will famil- iarize you with the reasons behind the city's success with mutticulturalism and you'll enjoy the talents oflnuit throat singers from the Arctic Circle, step dancers repre- senting the Atlantic provinces, a French-Canadian folk singer, a fiddler band representing the prairies, and Japanese drummers. THE FUTU.RE~ OF C:AP, IT~LiSM M.ONO'~, SEPTEMBER 1 'G:30-9:45 A.M, A perennial favor- ' ire'at'the'ICMfi.' conference, Lester Thurow returns this year in a ses- sion sponsored by the ICMA Retire- ment Corporation, Recognized around the world for his views and analyses of the global econom>; Thurow will give a keynote speech drawing on his most recent book, The Furore of Capitalism: How 7bday3 Economic Forces Shape 7bmorrou,3 ~brld. He will describe the many factors responsible for the enor- mous changes occurring around the globe that are fundamentally altering the foundations of capitalism world- wide and wilt tell how you can benefit by understanding what's ahead. A distinguished professor, Thurow has taught at MIT for more than 20 years. Previously dean of MIT'S Sloan School of Management, he is a professor of management and economics and the cooMinator of the school's Asia Pacific Initiative. GOVERNANCE ROLES IN THE NEW CENTURY MONDAY, SEPTEMBER t:15-2:15 Join National Civic League president Christopher Gates, National League of Cities executive director Donald Borut, and ICMA executive director Bill Hanselt in a special plenary ses- sion examining the challenges of com- munity problem solving at the end of the century The panel will discuss the changes in community leadership rotes that ~ - have occurred and will plore ne~v strategies for consensus-based decision making that communities can use to plan for the future by bringing together citi- zens with diverse interests, the business communit3; the nonprofit sector, and elected and appointed local govern- ment officials. BANISHING BUREAUCRACY TUESDAY, SEPTEMBER 16, 1t A.M.-12:15 P.M. In a presentation based on his new book Banishing Bureaucracy: The Five Strategies jCbr Reinventing Gov- ernment, David Osborne will draw on a number of American and international case studies to provide a road map to make "reinvention" work. A panel of local government managers will join Osborne in the session to discuss the implementation of these strategies at the local level. Since the publication in 1992 of the international bestseller Reinvent- ing Government with coauthor Gaebler, Osborne has served as a se- nior adviser to Vice President Al Gore, providing intellectual guidance for the National Performance Review and writing its 1993 report. Founder and managing partner of the Reinventing Government Network, Osborne has also been a consultant to public sector managers at every level and a counse- lor to leaders worldwide. A NEW VISION FOR THE NEXT ~JlLLENNIUM WEDNESDAY, SEPTEMBER 8:30-9:30 A.M. In a conference- closing plenary presentation, Dr. David Suzuki will examine the social, political, and economic impacts of the ecological degra- dation brought on by human activiD* and will discuss his belief that strong, efficient, relatively self- sufficient local communities are key to achieving sustainable balance in the future. Suzuki will present the case that we must discover and recre- ate communities on a scale that fulfills basic human needs ~vithout eroding the natural capital that sustains all life on earth. Suzuki is a professor in the Sustain- able Development Research Institute of the Universiu~ of British Columbia in Vancouver. A noted research scien- tist, he is internationally known as a journalist and broadcaster and is fa- miliar to television audiences as the host of CBC's The Nature of Things and A PlanetJ3r the Taking. CONCURRENT EDUCATIONAL SESSIONS BEING DEVELOPED FROM ATED BY THE 199'7 CONFERENCE PLANNING COMMITTEE ARE LISTED BELOWs' ALONG WITH SESSIONS BEING PLANNED IN CONJUNCTION WiTH OTHER ICMA PROJECTS. SESSION DESCRIPTIONS ARE SUBJECT TO CHANGE, AS SPEAKE*RS ARE ENGAGED OVER THE SUMMER. SEE ICMA's CONFERENCE HOMEPAGE' AT HTTP://WWW. ICMA.ORG/VANCOUVER FOR UPDATED INFORMATION ON EDUGA- TIONAL SESSIONS. WHAT I~IAKES A LIVABLE COMMUNITY? Multiculturalism: Resource or Strain? A look at the programs and policies that communities have used to turn their cultural diversity into a resource by fostering intercultural understanding and cooperation. Dealing with Violent Crime in Our Communities. Case studies will be used to evaluate the effectiveness of community-oriented public safety and gun control programs in reducing crime and improving quality of life. Highly Lb-able CiD' Awards: Who Does the Raring and How? Representatives from firms that rate communities for their livabilit3' will discuss the processes and criteria used. Local Government and Education: Working Together for a Brighter Future. Successful examples of innova- tive partnerships among schools, businesses, and government to better serve the needs of students and the community. Protecting Your Drinking Water: New Opportunities and Challenges. Learn how to build partnerships and identify new funding resources to protect your community's drinking water. IDEAS GENER-.' Cultivating the Arts in Your CommuniD: Presented by a w~nner of a 1996 Innovations in America. Government Award, this session wili ' ' describe a low-budget, Iow-strife ap- proach to fostering a vibrant arts pres- ence in communities of any size by creating partnerships in support of the arts among elected officials, the private sector, and citizens. Creating a Civil Community. Learn hog, to get neighborhoods involved in the decision-making process and help residents solve private disputes with an alternative dispute resolution program. Mixed-InCOme Housing: Creating Community. Learn about a variety of mechanisms that have been used successfully to foster vibrant, socioeco- nomically diverse communities by creating housing opportunities for residents of all incomes. Alternatives to Sprawl: The New Urbanism. A look at the concepts promoting a return ro more traditional urban planning principles by experts and man ~a:gers who are using this ap- proach to retrofit existing communi- ties and to plan new ones. ? PRACTICAL IYIANAGEM ENT SOLUTIONS TO SUSTAIN COMMUNITIES When ¥iolence Sty!kes. Clos~ Home. A d. i~cu~i~n of approache~', to pr.e,~.en~, defuse, and recover from ' violence in the workplace. Marketing Change in Your Commu- nity. Learn strategies for promoting .' change in your community without..' alienating elected officials, special.·' interest groups, and citizens, any bf whom can resist change wh.en 'they perceive a negative impac.t.6n them- selves. Service De. llve3~: You Get ~/hat .You Pa~,'~or. Panelists will examine alternatives, such as contracting out and pay-as-you-go financing, to provide feasible and cost-effective ..... service delivery '"" The. yalue of Accxe.'d.i.tation. · fi~ ~eview of p.ro~ams I~iiag.~e.d in a widening v.a?iety of local government.. agenci~.a~nd departments to evaluate" wheth6r those functions are meeting the ~inimum standards for high quajity operation. 'Yq'u Can Run but You Can't Hide: P~i~'a .razzi Protocol. Learn technique, s .' anS.stbaregj.'es for improving yo.ur.lo'cat government g relanonship, w~fl5 the local medih'~nd f67 b~timi.'z.i.ng the ity y bly .......... public ou will inevita recmve. Financing CommunitT Redevelop- ment. A re~4ew of approaches to achieving positive economic development through creative public financing, tapping of federal funds, brownfields redevelopment, and private sector partnerships. Intergovernmental Cooperation. Panelists will highlight the costs and benefits of various forms of interlocat cooperation, with a special focus on the value of cooperation to small and medium-sized communities. Public/Private Partnerships Sound Great, but How Do You Go about It? An examination of the promises and pitfalls of cooperative arrangements between the public and private sectors; the choice of a private sector partner; and the types of projects that lend themselves best to such arrangements. Managing Volunteers Within the Community Focusing on smaller communities that rely strongly on vol- unteers, this session will look at cost- effectiveness, insurance and risk issues, incentive programs, and setting up and managing volunteer programs. Adding Luster to Your Employee Benefits Program with Deferred Compensation Plans. Creative uses of Section 45.7.defetr.ed c9 .mlaensatio.n' plans by lo~1 ggyern/~'e~t.s will be shared..l~y .employers who l{ave greatly enha..nce'd their employee ben'fi.ts prc~rams. Sponsored by the . P(et-irement Corporation. . Co.'reparative Performance Measure; ment: Lessons Learned. A candid di~: .' cu~.sion of the benefits and difficulties:-' of h. ndertaking a comparative per. fo?- mar~ce measurement program.from the &hief executive's poin.t focugi.ng on what it takes to get started, an.d. maini~{in such an effort, hi ~g411 ~ on how performance mea- sures might be used in .' managing your' commu, nii3~ Successful Council-Manager Government: Dealing Effectively with Citizens. The third in a series of annual, interactive conference ses- sions sponsored by the ICMA Endow- ment Fund for the Profession that will focus on identifying and understand- ing the challenges local government administrators face in dealing effec- tively with a broad range of citizens' and interest groups. Banishing Bureaucrac~ An opportu- nity to discuss David Osborne's strate- gies for reinventing government, as presented in his keynote presentation on Tuesday TECHNOLOGY AND TELECOM IV~ U N ICATIONS Ho~v to Handle Utility Deregulation. Whether your utilities are municipally owned or investment-owned, you need to kno~v the basics of the new deregu- lation ta~vs, what you can expect in the future, and how best to survive in and take advantage of the ne~v market- place. '.. Using Your Telecommunications '-Infrastructure as an Economic .Development Tool. Learn how com- .'munities can effectively advertise their ." telecommt, nications assets to foster economic development. Technology: Educating Staff Citywide. Find out how to use exist- ing resources to educate your local government's staffin the continuously changing environment of technology and customer service. Update on the U.S. Federal Telecommunications La~: The latest information on the state of the 1996 Telecommunications Act and its im- pact on jurisdictions, including recent regulations and court cases. BALANCING PERSONAL AND CAREER GROWTH Mentoring: An Important Compo- nent of Career Success. A discussion, sponsored by the Assistants Steering Committee, of the benefits of estab- lishing a successful mentoring rela- tionship, including how a mentor can empo~ver you to achieve career suc- cess, and tips on how to find a mentor. The Ethics Game. Two teams of ICMA members will grapple with challenging ethical questions in local government management in a fast- paced competition judged by former members of ICMA's Committee on Professional Conduct. Communicating Effectively in a Diverse Workplace. Learn the keys to success in managing and communi- cating effectively with coworkers of different backgrounds, orientations, and opposite genders. ICMA-RC at 25 Years of Age. A review of the highlights of RC's last 25 3'ears, and a look ahead to new retirement and investment products. Making Sense of RC's Funds. Help in designing an appropriate in- vestment portfolio and in using the ICMA Retirement Corporation's ex- panding fund line-up to implement )'our investment strateg3: Oldest or Youngest: Understanding Birth Order. Learn to know yourself better by understanding the impact that birth oMer ma), have on )'our decision-making process, interpersonal relationships, and approaches to life circumstances. Stress Management. An interactive session at which you will learn how to handle on-the-job frustrations and relieve tension through stress manage- ment techniques. CITY OF COLUMBIA HEIGHTS Meeting of: Auqust 25, 1997 AGENDA SECTION: OTHER 0RD I NANCES/ ORIGINATING DEPT.: ~ CITY MANAGER NO: ~ RESOLUT~ 0NS community Development. I~~ APPROVAL ITEM: BY: Tina Goodro~'~ BY: NO: l'~ 'l DATE: August 20, ~/ At the worksession meeting held August 18, 1997 City Council reviewed the proposal, from Quality Checked Construction, of $18,200 for the purchase of 4613-15 Pierce Street. This proposal amount is the same amount that the property is assessed at. Quality Checked Construction, Inc. plans to construct a 1,080 square foot home with a double attached garage. The floor area requirements appear to be met by this proposal. The design of the home is similar and would blend with the new homes constructed across on Fillmore Street. Included with this City Council letter is a copy of the Sale and Development agreement that will be used, proposal letter from Quality Checked Construction, and the Ordinance necessary to sell property. RECOMMENDED MOTION: Move to waive the first reading of Ordinance ~1354 being an ordinance amending Ordinance #853, City Code of 1977, there being ample copies available to the public. RECOMMENDED MOTION: September 8, 1997. Move to schedule the second reading of Ordinance #1354 for EDA ACTION: \bt\letter\council ORDINANC]~ NO. 1354 Being an ordinance amending Ordinance No. 853, City Code of 1977, Authorizing to convey certain real estate located at 4613-15 Pierce Street N.E. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Const- ruction, the real property described as follow, to wit: That part of South 60 feet of North 180 feet of Lot 15, Block 1, Shef- field Subdivision, Anoka County, Minnesota. Section 2: Section 3: The Mayor and City Manager are here- with authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions spec- ified in the attached agreement labeled "Exhibit A." 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: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Quality Checked Construction, Inc. 16300 Makah Street NW Andover, Mn 55304 421-5221 To Ken Anderson, We propose to purchase the lot at 4613-15 Pierce St. NE for $18,200. We understand that the City of Columbia Heights will guarantee that the lot will be buildable for a five coarse basement. If the city requires a drive cut in the curb, they will be responsible for related fees. The city will guarantee the sewer and water connections will be to property line and not in the street. Taxes on the lot will be prorated and on the lot only. We understand the terms are $1000.00 down and the balance due at the closing to the third party. The plan is to start construction as soon as the city approves this and all necessary papers are filed. The house plan is to be a four level 1080 sq. f. home with double attached garage. Plan number 86276 C. Thank-you for your consideration and prompt action. Sincerely, .,,.3 ~, ,/' Michael L. Vagle Pres. AND DEVELOPMENT R.ELATIN~ TO BY AND BETWEEN THE COLUMBIA H~IGHTS ECONOMIC DEVELOgMEITT AUTHORITY (EDA) · S~LE AND DEVELOPMENT ~GREEMENT THIS AGREEMENT, made and entered into this day of ., 1997, by and bet-~een the Columbia Heights Economic Development Authority, (hereinafter called the "EPA"), and (hereinafter called the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals.' 1.01. The PropertT~ The EDA now owns the property described in the attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minnesota. 1.02. Facilities and Pro~ect. The Developer, in accordance with EDA approval, plans to construct or cause to be constructed on the Property a single family home. The Developer shall provide the EPA with a copy of its plans and specifications showing details on the style! exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the EPA for review and approval prior to the issuance of any building permits on the property by the City of Columbia Heights. Section 2. Sale/Purchase of ProDert?. 2.01. Sale. The 5:DA agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the EDA for the purchase price of $ . Developer shall begin construction of the home within eighteen (15) months of the date of execution of this Agreement and shall complete construction within thirty (30) months from said start date, at which time the EPA will convey fee title to the property by Warranty Deed to Developer. Section 3. Developer's Representations. The .Developer hereby .represents,. warrants and covenants to the EDA that: 3...01 .Compliance. The Developer will *comply with and"'-- duly and promptly perform all ..of its. obligations under this -Agreement and all related documents and instruments.~- Developer will also comply with all State and .local' codes/ordinances.. Oevelopez~ ~ s ~nder~inas. 4.01 New construct,.on, Developer shali be solely responsi- ble for'the construction, marketing and sale or,he single family home on the Proper~y. The minimumse!ling price (or estimated market va!ue if homesteaded and not sold) of said home shall be $85,000. 4.02 Floor Plan. Developer will be responsible for submitting to the EDA, and obtaining preTapproval of the floor plan and front elevation of the home proposed to be constructed on the Property. Said pre-approval must be obtained before the City of Columbia Heights will issue any building permits to Developer. 4.03 Fees and Char~es. The Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City of Columbia Heights with respect to the Property. Upon conveyance of the Property by the EDA, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. 4.04 Existinq ImDrovements. The Developer will be responsible for removing any existing structure, foundation and debris from the property and will assure that water and sewer services are stubbed to the boulevard at no cost to the EDA. The Property is currently is currently vacant of any structure(s). Section 5. EDA Undertakinqs. Section 6. Default. 6.0~. Default. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the EDA may take one or more of the following actions:. suspend performance under this Agreement; terminate the Agreement, thereby rendering void 'any promises or approvals contained in this Agreement; retain bidder'~ara~tee' submitted as cash,.cashier's check, or money order' in the amount of 5% of the purchase price (bid price). "either delivered personally or mailed by-certified mail, postage prepaid, addressed to ~he pa~cies at the following addresses:, Columbia Heights'Economic Development Authority 590 40t_hAvenue Columbia Heights, MN 55421-3878 QeveloDer iN W~TNESSW~R~OF, t_he EDA and Developer have oaused this Agreement to be executed the day and year first above written. COLUMBIA HEIGHTS ECONOMIC DEVELOP~ AUTHORITY By: Its: President By: Its: Walt Fehst Executive Director By: Developer .STATE OF MINNESOTA ) ) SS. COUNTY' OF ANOKA ) On this __ day of , 1997, 'befOre me, a Notary Public - ._ :- .u~.der the la. ws .of the State of Minnesota, and that this instrument was :' :--':-..:' : .;:"s~gn. ed as h~s/her ~ree act]'and deed. ' ~:-'-:~..-?:!iii ??':-'~'. :--.....-..., '~. -~ ?:~. · :...'~:~ .-..-~., --'~ ._? , ..~: ...~.......-:.-~-.,-~..'-.-...~.~: ~- :,.-..~ :. . . . N~tary Public within and for said County, appeared to me' personally known, who, 'being by me duly sworn, did-'say that he/she, is '- -_---..n~e~· in.the.'.foregoing ihstr~ent,- the President of t_he Columbia -."'L- -.'Heights'Economic Development Authority, a b6d~corporate and politic STATE OF MINNESOTA oF' OKA On this day of , 1997, before me, a Notary Public' within and for said County, appeared to me personally known, who,.. being by me duly sworn, did say that he is named in the foregoing instrLunent, the Executive Director of the Co!~ia Heights Economic Development Authority, ..a body corporate and politic under the laws of t~le State of Minnesota, and-that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ss. On this day of , 1997, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is named in the foregoing instrument, and that this instrument was signed as his/her free act and deed. Notary Public CITY OF COLUt4BIi% HEI(~HTS Meeting of: August 25, 1997 AGENDA SECTION: OTHER ORDINANCES/ ORIGINATING DEPT.: ~ CITY MANAGER NO: ~ RESOLUTIONS community Developme~ ti% APPROVAL ITEM: BY: Tina Goodro BY: NO: ~'~ 'l DATE: August 20, 1~. ?~_/ At the worksession meeting held August 18, 1997 City Council reviewed the proposal, from Quality Checked Construction, of $18~200 for the purchase of 4613-15 Pierce Street. This proposal amount is the same amount that the property is assessed at. Quality Checked Construction, Inc. plans to construct a 1,080 square foot home with a double attached garage. The floor area requirements appear to be met by this proposal. The design of the home is similar and would blend with the new homes constructed across on Fillmore Street. Included with this City Council letter is a copy of the Sale and Development agreement that will be used, proposal letter from Quality Checked Construction, and the Ordinance necessary to sell property. RECOMMENDED MOTION: Move to waive the first reading of Ordinance $1354 being an ordinance amending Ordinance #853, City Code of 1977, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance #1354 for September 8, 1997. EDA ACTION: bt\letter\council CITY OF COLUMBIA HEIGHTS Meeting of: August 25, 1997 AGENDA SECTION: OTHER ORDINANCES/ ORIGINATING DEPT.: ~ CITY MANAGER NO: ~ RESOLUT; ONS community Developme~; APPROVAL ITEM: BY: Tina Goodro~~~) BY: NO: l- - I DATE: Au st 20, / At the worksession meeting held August 18, 1997 City Council reviewed the proposal, from Quality Checked Construction, of $].8,200 for the purchase of 4613-15 Pierce Street. This proposal amount is the same amount that the property is assessed at. Quality Checked Construction, Inc. plans to construct a 1,080 square foot home with a double attached garage. The floor area requirements appear to be met by this proposal. The design of the home is similar and would blend with the new homes constructed across on Fillmore Street. Included with this City Council letter is a copy of the Sale and Development agreement that will be used, proposal letter from Quality Checked Construction, and the Ordinance necessary to sell property. RECOMMENDED MOTION: Move to waive the first reading of Ordinance ~1354 being an ordinance amending Ordinance ~853, City Code of 1977, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance #1354 for September 8, 1997. EDA ACTION: bt\letter\council ORDINANCE NO. 1354 Being an ordinance amending Ordinance No. 853, City Code of 1977, Authorizing to convey certain real estate located at 4613-15 Pierce Street N.E. The City of Columbia Heights does 'ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Const- ruction, the real property described as follow, to wit: That part of South 60 feet of North 180 feet of Lot 15, Block 1, Shef- field Subdivision,' Anoka County, Minnesota. Section 2: Section 3: The Mayor and City Manager are here- with authorized to iexecute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions spec- ified in the attached agreement labeled "Exhibit A." This ordinance shall be in full force and effect from and after thirty (30) days af.ter its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Quality Checked Construction, Inc. 16300 Makah Street NW Andover, Mn 55304 421-522'I To Ken Anderson, We propose to purchase the lot at 4613-15 Pierce St. NE for $18,200. We understand that the City of Columbia Heights will guarantee that the lot will be buildable for a five coarse basement. If 'the city requires a ddve cut in the curb, they will be responsible for related fees. The city will guarantee the sewer and water connections will be to property line and not in the street. Taxes on the lot will be prorated and on the lot only. We understand the terms are $1000.00 down and the balance due at the closing to the third party. The plan is to start construction as soon as the city approves this and all necessary papers are filed. The house plan is to be a four level 1080 sq. ft. home with double attached garage. Plan number 86276 C. Thank-you for your consideration and prompt action. Sincerely, ... , Michael L. Vagle Pres. AND DEvELOpMEI~ AGI~EEMENT I~ELAT I1~'(~ TO BY AND BETWEEN THE COLUMBIA H~IGHTS ECONOMIC DEVELOPMENT AUTHOriTY (EDA) oo THIS AGRE.EM]~I~T, made and entered into this day of ., 1997, by and bet"~een ~ke Columbia Heights Economic Development Authority, (hereinafter called the "EDA"), and (hereinafter ca!led the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1.. Recitals. · 1.01. The ProDertT= The EDA now owns the property described in the attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minnesota. 1.02. Facilities and Pro,eot. The Developer, in accordance with EDA approval, plans to construct or cause to be constructed on the Property a single family home. The Developer shall provide the EDA with a copy of its plans and specifications showing details on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the EDA for review and approval prior to the issuance of any building permits on the property by the City of Columbia Heights. Section 9_. Sale/Purchase of ~::oDert~. 2.01. Sale,. The EDA agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the EDA for the purchase price of $ . Developer shall begin construction of the home within eighteen (!8) months of the date of execution of this Agreement and shall complete construction within thirty (30) months from said start date, at which time the EDA will convey fee title to the property by Warranty Deed to . Developer. J. Section 3... DeveloDer's Representations. The .Developer hereby -" represents, warrants and covenants to t~he EDA that: '.'' .'.i" '. ~ 3..01 .Compliance, The Developer will-comply with and"--- duly and promptly perform all .cf its. obligations under this .. '"~'~' -Agreement and all related doc%unents and instruments.'' Developer '' will also comply with all State and .local' codes/ordinances.. 4.01 New Co=Stru=tion. Developer shali be solely responsi; ble for the const_ruc=ion, marketing and sale of the single family home- on the Property. The minimum selling price (or estimated market value :. if homesteaded and not sold) of said home shall be SSS,00O. 4.02 Floc= Plan. .Developer will be responsible for submitting to the EDA, and obtaining pre,approval of the floor plan and front elevation of the home proposed to be constructed on the Prope-~ay. Said pre-approval must be obtained before the City of Columbia Heights will issue any building permits to Developer. 4.03 Fees and ChaHqes. The Developer will pay, when due, al! permit fees, connection charges, user charges or other charges lawfully imposed by the City of Columbia Heights with respect to the Property. Upon conveyance of the Property by the EDA, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. 4.04 E~istin~ ImProvements. The Developer will be responsible for removing any existing structure, foundation and debris from the property and will assure that water and sewer services are stubbed to the boulevard at no cost to the EDA. The Property is currently is currently vacant of any structure(s). ~ect%o~ $. EDA Undertakings. Section 6. Default. 6.01. ~pfault. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not c~red within 30 days of receiving%rritten notice of said default, the EDA may take one or more of the'following actions: ~ s~spend performance under this Agreement; terminate the Agreement, thereby rendering void 'any promises or approvals contained in this Agreement; retain bidder"guarantee' submitt~d~as cash,. check, or money order' in the amount of 5% of ~he purchase price (bid price). cashier' s · either delivered personally o~ mailed by' cer~. f£e~ .mail, postage'~ prepaid, addressed to ~he par~les at the fol.lowLng. EDA· Columbia Heights 'Economic Development AUthority 590 40th Avenue N. E,. Co!~hia Heights, MN ~eveloDer IN WITNESSWH~REOF, ~Lhe EDA and Developer have caused this Agreement to be executed the day and year first above written. COLUMBIA HEIGHTS ECONOMIC DEVELOP~AUTHOR!TY By: Its: President By: Its: Walt Fehst Executive Director By: Developer · STATE OF MINNESOTA ) ) SS. : "' COUNTY' OF ANOKA ) On this' day of " , I997, before me, a Notary Public within and for said County, appeared to me personally known, who, 'being by me duly sworn, did-'say that he/she-is '- -~-. '. n~me~, in.the. '.foregoing ihst_--ument,-t, he President of t, he Columbia .."':_-' .' Heights'Economic DeveloPment .Authority, a bo'd~ corporate and politic - ...:' under the l~ws .of the State of ~innes~.a, and t. hat this ins~nunent was '- -"'~ign. ed as his/her free ac~]'and ~eed. .-'' , . STATE OF MINNESOTA On this day of , 1997, before me, a Notary Public' within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is named in the foregoing instrument, the Executive Director of the Columbia Heights Economic Development Authority, .a body corporate and politic under the laws of ~he State of Minnesota, and 'that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) On this day of , i997, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is named in the foregoing instrument, and that this instrument was signed as his/her free ac~ and deed. Notary Public '.bt/tinag CITY OF COLUMBIA HEIGHTS Meeting of: August 25, 1997 E ORIGINATING DEPT.: % CITY MANAGER AGENDANo: CTION: OTHER BUSINESS Community Developme~ APPROVAL ITEM: APPEAL OF P & Z DECISION BY: Tina Goodr BY: No: I DATE: August Mr. Gerry Herringer is requesting an appeal of a Planning and Zoning Commission denial to allow the use of a vacant Foto-Mat building located at 2107 N.E. 37th Avenue. This structure is located on the same lot as the Apache Chief Movie Theaters. Section 9.104(4)(6) of the Zoning Ordinance states that there shall be no more than one (1) principal building on one lot. Thus, since this structure is not on its own lot, it is considered non-conforming. The structure has also been vacant since 1993. Section 9.104(3)(f) of the non-conforming section of the Zoning Ordinance states "whenever a non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of this ordinance." Mr. Herringer submitted, with his application for appeal, a letter written from the most recent individual interested in using the structure as a "Coffee to Go" shop. Staff informed the individual that, due to the non-conforming status of the building, the use could not be approved. I personally have explained the same situation to Mr. Herringer. Building Official, Mel Collova, has also declared the structure hazardous and substandard as defined in State Statute 463.15 and ordered the building razed. A copy of his letter and the State Statute and sections of the Building Code are included for your review. Mr. Collova based his declaration on the following facts: The structure has remained vacant longer than six months and shall be treated as a new building (UBC 3403.1 and 3403.2). The structure does not have sanitation facilities (sewer and water) (UBC 304.5). The structure does not meet current Energy Code requirements (MN Rules 7670). The structure constitutes a public nuisance known to common law or in equity jurisprudence (302.17 Uniform Code for the Abatement of Dangerous Buildings). In researching for the preparation of this report, Mr. Collova came across a letter written and signed by Mr. Herringer which states the Foto-Mat building was approved because the request to construct a second auditorium was withdrawn. Since that time, additional auditoriums have been added to the theater, thus, the Foto-Mat building should have been removed. The most recent request is for a coffee shop. This type of use concerns staff as no sanitary facilities exist and the building is not connected to sanitary sewer and water. I spoke with Spencer Pierce of the Anoka County Health Department regarding this type of request. He could not give me the full requirements as he does not have a proposal. However, he did say that he would require the most basic requirements of a sanitary facility, hand and ware washing facilities at the building and that the structure be connected to sanitary sewer. Mr. Pierce would base his requirements for this location the same as any other coffee shop request. Due to the length of time the building has been empty and in the non-conforming status, staff recommends denial of this appeal. Pictures of the building are available which clearly show its extremely small size. The Building Inspector and myself are unaware of the existence of a similar size Foto-Mat building in existence in another city. The Planning and Zoning Commission denied this appeal as the property is non-conforming and no sanitary sewer and water exists to the structure. City Council Letter August 25~ 1997 Page 2 RECOMMENDED MOTION: Move to deny the appeal request as the property is non-conforming and no sanitary sewer and water exists at the structure. Recommend to staff that the building be condemned and the condemnation process begin according to the Hazardous Building Statute. EDA ACTION: \bt\letter\council Mister Walter Fehst, Manager City of Columbia Heights 590 40th Avenue North East Columbia Heights, Minnesota 55421 5150 Central Ave. N.E. Columbia Heights, Minn. 55421 July 9, 1997 JUL !4 1997 RE: Appeal of P & Z decision CITY OF COLUMbiA HEIGHTS Dear Mr. Fehst; After some deliberation, I have decided that it is appropriate to appeal to the City Council the denial of my request by the Planning and Zoning Commission at their July 1, 1997 meeting. At issue is the removal of the Photo-Mat kiosk at 2107 37th Ave. N.E. because ib is deemed to have a "non-conforming" status. Since this letter is reaching you after the July 7 deadline for the July 14 agenda and I will be unavailable for the July 28 and August il meetings, it would be appre- ciated if this item could be included in the August 25 meeting agenda. Please advise if this is possible. Thank you for your consideration. Yours truly, CITY OF COLUMBIA HEIGHTS Application For: Variance Privac, Fence Case No.- Conditional Use Permit Si=~ Pi~ A99roval Applicant Phone: ZoninK: Applicable City Ordinance Number Present Zoning C~~C~_ - Present Use ~ occu~% Section Proposed Zoning Proposed Use ~. ~C~o~ed~me~ ~nd ~ure: ~e ~ers~e~ hereby ~ep~e~en~s upon ~ ~ ~he pen~es o[ ~, [o~ ~e pu~ose ~ ~duc~$ ~h~ ~y ~[ Oo~b~ ~e~$h~ ~o ~ke ~he · c~on here~n requested, ~h~ ~Z~ ~emen~s he~e~n ~re ~e ~nd ~h~ ~Z ~ork here~n ~en~oned ~Z be ~one ~ ~cco~nce ~h ~he Ordnances o~ ~e ~y o~ Co~umb~ ~e~$h~s ~nd ~he ~s of ~he $~e ~ ~eso~. . Taken B,:- / (~ April 17, 1997 Mr. Walter Fehst City Manager City of Columbia Heights ' 590 40th Avenue NE Columbia Heights. MN Richard Lord 3444 Benjamin St. NE Minneapolis. MN 554 t 8 Dear I{,Ir. Fehst, Recently I contacted by telephone one of the people in 3'our Building Permit department regarding a vacant drive-through structure (former Fotomat). My interest in the structure, located at 37th and Benjamin Street, was to start a drive-through coffee hut. I was somewhat dismayed by the reaction of your grumpy employee. She was terse, to put it mildly, and did not posses common courtesy. Aside from the apparently preposterous notion that a small business may function adequately in the structure, I was not dealt with on a human level and went away feeling unsatisfied with her rationale, or at least with her manner (or lack thereof), in presenting why the City of Columbia Heights discouraged the productive use of that structure. Is this the philosophy of Columbia Heights, to discourage small/micro business ventures? l thought this was known as a blue collar community? Several factors were presented to me why the structure is considered "condemned" by the City (then why don't you just condemn it?- you're needlessly teasing us entrepeneurs) In my conversations with the property owner, it seems that restroom availability to the attendant would be mitigated by use or'the nearby Apache 6 Theater's facilities. My plan calls for no on-site xvater use and xvould produce no xvaste water on-site. The grumpy employee said the structure was not handicapped accessible. HELLO! It's a drive-through structure! I would assume that a challenged person of most any sort could work there, if necessary. I've seen successful drive-through coffee facilities, and this structure is ideal for that purpose. As I tried to explain to the grumpy employee, any int¥ingement on civil code, such as restroom requirements, could be mitigated. Initially, the hours of operation would be limited to morning to noon to take advantage of rush hour coffee needs. A trial period to determine the feasibility of this venture would seem prudent. Please indicate why this structure could not accommodate a thoughtfully-planned drive-through coffee facility. Respectfully submitted, Richard Lord 5150 Central Ave. IV.E. Columbia Heights, Minn. 55421 JUNE 3, 1997 PROTO-MAT KIOSK Positioned in front of 2101 37th Ave. Columbia Heights City Council approval granted 2/25/74. Photo-Mat opened in May 1974 and operated continuously thru March, 1987. Hours of operation were 10APl to 8PM M-F and 10AM to 6PM Sat. April 87 thru Sept.1992 Estimated 4 or 5 potential users were directed to the City Staff to discuss their ideas and the process needed for use approval all were rejected summarily by Staff. Included in this group; Sept. 87, a proposal for a parcel handling and mailing drop-off center for which a lease was already signed. OCT. 92 thru MAY 1993 WIPER EXPRESS Drive up windshield wiper service and replacement, washer fluid etc. K.C. Barghini, Owner This business was also initially rejected by Staff, but the City Manager worked with the O~ner-Operator to negotiate resolution of the City's concerns. June 93 to Present Proposal inquires made to the City Staff include: BOX LUNCHES MINI-DONUTS EXPRESSO, CAPPACCINO TOM NAGAN 789-6843 PERSONAL & HOME SAFETY PRODUCTS SAL DELEO 789-7657 EXPRESSO CHAS. & VAL OLSON 721-6170 not identified ROBT. BARNICK 788-4393 FLOWER SALES DEAN HANSON 789-7820 COFFEE TO GO RICHARD LORD 781-9798 None of these inquires and/or proposals met with Staff approval. :'~orpora --- ' '~ Fotomht C tion Center Name O~ief T~e&$~e :_:,,. ,. cityOol~bia Hei~t~ Mi~ ,, Infraction 3~, Ave.: 3,E. & M~-!o~ ~t. I I .... :~" Leasing Agent: (lb-w~: Street: 4121 ~gal O~erApa~: ~idence S~e~: Phonel Bus:?88-23~5 : Res: City Zip Street~ -~..,-i 5tinson BlvA. i&isant ~a~es City Colnbia Heights Zip55421 Lot # 1 ~ thx~u 17 ' Block 2Fract # 2ni~. ~ ,~e Attached Legal DeSCription. ............................... Major Tenants: Market Variety Number of Satellites Building Size 4' x 9' Drug .Other '"' ;' Zoning Commercial CONSTRUCTION NOTES: LOCATION PLOT MAP (5) EXHIBIT A CiTY OF COLUMBIA HEIGHTS May 8, 1997 Chef M. and Vivian Herringer 4121 Stinson Boulevard Columbia Heights, Mn. 5542 Dear Mr. and Mrs. Herringer: An inspection of the former Foto Mat building located in the parking lot of the Apache Theaters was conducted on May 2, 1997 and photographs were taken. The results are as 'follows: 1. The structure has remained vacant longer than six months and shall be treated as a new building (UBC 3403. I and 3403.2). 2. The structure does not have sanitation facilities (UBC 304.5). 3. The structure does not meet current Energy Code requirements (Mn. Rules 7670). 4. The structure constitutes a public nuisance known to common law or in equity jurisprudence (302(17) Uniform Code for the Abatement of Dangerous Buildings). The structure is declared a hazardous and substandard building as defined in State Statute 463. t5 and you are ordered to raze the structure including the foundation within 60 days of the date of this notice (July 7, 1997). A demolition permit .will be required to be obtained from this office by your contractor prior to the demolition. Please contact this office within thirty (30) days of receipt, of this letter to discuss options available to you. I may be-reached at 782-2818. ' Mel Collova Building Official//1727 OPPORTUNITY ~ 956 cted in :ks and n other rate the ommis- :1 define e of the on shall tall pass ~demna- he same .ce exist- chase or .. rS FOR ,N, PAY- all be the :lc, which ~ken and i list duly ~ the case lice of the f the park te full and ;e. As soon ~sioners o~ be, shall fist for ~Is of land, ~ject be )86 c 3 art 957 BUILDING LINE EASEMENTS; BUILDING REGUI..~TIONS; AND HAZARDOUS BUI~I)INGS 4~.16 463.10 MS 1967 463.11 MS 1967 463.12 MS 1967 463.13 MS 1967 [Repealed, 1976 c 44 s 70] [Repealed, 1976 c 44 s 70] [Repealed, 1976 c 44 s 70] [Repealed, 1976 c 44 s 70] HAZARDOUS AND SUBSTAaNDARD BUILDINGS 463.15 DEFINITIONS. Subdivision I. Coverage. For purposes of sections 463.15 to 463.26 the terms defined in this section have the meanings given them. Subd. 2. Building. "Building" includes any structure or part of a structure. Subd. 3. Hazardous building or hazardous property. "Hazardous building or haz- ardous property" means any building or property, which because of inadequate mainte- nance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to pu~i~c satbty or health. Subd. 4. Owner, owner of record, and Hen holder of record. "Owner," ~owner of rec- ord.' and "lien holder of record" means a person having a right or interest in property described in subdivision 3 and evidence of which is filed and recorded in the office of the county recorder or registrar of titles in the county in which the property is situated. History: 1965 c 393 s 1; 1967 c 324 s 1; I976 c 181 s 2:1989 c 328 art 6 s 5.6 463.151 REMOVAL BY MUNICIPALITY; CONSENT; COST. The governing body of any city or town may remove or raze any hazardous build- ing or remove or correct any hazardous condition of real estate upon obtaining the con- sent in writing of all owners of record, occupying tenants, and all lien holders of record; the cost shall be charged against the real estate as provided in section 463.21, except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest thereon, at eight percent per annum. History: 1967 c 324 s 2; 1974 c 341 s 1 463.152 EXERCISE OF EMINENT DOMAIN. Subdivision I. Purpose, public interest. In order to maintain a sufficient supply of adequate, safe, and sanitary housing and buildings used for living, commercial, indus- trial, or other purposes or any combination of purposes, it is found that the public inter= ~t requires that municipalities be authorized to acquire buildings, 'real estate on which buildings are located, or vacant or undeveloped real estate which are found to be haz- ardous within the meaning of section 463.15, subdivision 3, and the acquisition of such buildings and real estate is hereby declared to be a public purpose. Subd. 2. Acquisition; procedure. In furtherance of the public policy declared in sub- division 1, the governing body of any city or town may acquire any hazardous building, mi estate on which any such building is located, or vacant or undeveloped real estate domain in the manner provided by chapter I 17. History: 1974 c 341 s 3; 1976 c 2 s 140 OR REMOVAL OF HAZARDOUS BUILDING; HAZARDOUS' CONDITIONS. governing body of any city or town may order the owner of any hazardous ,r property within the municipality to correct or remove [he hazardous condi- building or property or to raze or remove the building. 1965 c 393 x 2; 1973 c 123 art $ $ 7; 1989 c $28 art 6 s 7 /- 1994 UNIFORM BUILDING CODE 3401-3403.2 C C Chapter 34 EXISTING STRUCTURES SECTION 3401 -- GENERAL Buildings in existence at the time of the adoption of this code may have their existing use or occu- pancy continued, if such use or occupancy was legal at the time of the adoption of this code, pro- vided such continued use is not dangerous to life. Any change in the use or occupancy of any existing building or structure shall comply with the provisions of Sections 109 and 3405 of this code. For existing buildings, see Appendix Chapter 34. See also Section 10t.3. For a comprehensive code and guidelines on the treatment of existing buildings, see Uniform Code for Building Conserx'ation. SECTION 3402 -- MAINTENANCE All buildings and structures, both existing and new, and all parts thereofi shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code shall be main- rained in conformance with the code edition under which installed. The owner or the owner's desig- nated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the building official may cause a structure to be reinspected. SECTION 3403 -- A[)DITIONS, ALTERATIONS OR REPAIRS 3403.1 General. Buildings and structures to which additions, alterations or repairs are made shall comply with all the requirements of this code for new facilities except as specifically provided in this section. See Section 310.9 for provisions requiring installation of smoke detectors in existing Group R, Division 3 Occupancies. 3403.2 When Allowed. Additions, alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condi- tion shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in com- pliance with the provisions of this code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, num- ber of stories and area permitted for new buildings. Any building plus new additions shall not ex- ceed the height, number of stories and area specified for new buildings. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provisions of this code except when such addition or alteration will result in the existing building or structure being no more hazardous based on life safety, firesafety and sanitation, than before such additions or alterations are undertaken. · (See also Section 307.11.3 for Group H, Division 6 Occupancies.) EXCEPTION: Alterations of existing structural elements, or additions of new structural elements, which · are not required by Section 3401 and which am initiated for the purpose of increasing the lateral- rome-resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that: 1-385 3403.2-3405 1994 UNIFORM BUILDING CODE I. The capacity of existing structural elements required to resist forces is not reduced, and 2. The lateral loading to required existing structural elements is not increased beyond their capacity, and 3. New structural elements are detailed and connected to the existing structural elements as required by these regulations, and 4. New or relocated no'structural elements ar~ detailed and connected to existing or new structural ele- ments as required by these regulations, and 5. An unsafe condition as defined above is not created. 3403.3 Nonstructural. Alterations or repairs to an existing building or structure which are non- structural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or struc- ture is constructed. 3403.4 Glass Replacement. The installation or replacement of glass shall be as required for new installations. 3403,5 Historic Buildings. Repairs, alterations and additions necessary for the preservation, res- toration, rehabilitation or continued use of a building or structure may be made without confor- mance to all the requirements of this code when authorized by the building official, provided: I. The building or structure has been designated by official action.of the legally constituted au- thority of this jurisdiction as having special historical or architectural-significance. 2. Any unsafe conditions as described in this code are corrected. 3. The restored building or structure will be no more hazardous based on life safety, fh'esafety and sanitation than the existing building. SECTION 3404 -- MOVED BUILDINGS Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. SECT1ON 3405 -- CHANGE IN USE No change shall be made in the character of occupancies or use of any building which would place the building in a different division of the same group of occupancy or in a different ~oup of occu- pancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy. EXCEPTION: The character of the occupancy of existing buildings may be changed subject to the ap- proval of the building official, and the building may be occupied for purposes in other groups without conform- ing to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. No change in the character of occupancy of a building shall be made without a certificate of occu- pancy, as required in Section 109 of this code. The building official may issue a certificate of occu- pancy pursuant to the intent of the above exception without ce~if-ying that the building complies with all provisions of this code. 1-386 £1 304.2.1-304.8 1994 UNIFORM BUILDING CODE '7-: ' -. Such occupancies shall not exceed, in area or height, the limits specified in Sections 504, 505 and 506 and shall comply with the provisions of this section. 304.2.2 Special provisions. 304.2.2.1 Laboratories and vocational shops. Laboratories and vocational shops in buildings used for educational purposes, and similar areas containing hazardous materials, shall be separated from each other and other portions of the building by not less than a one-hour fire-resistive occupan- cy separation. When the quantities of hazardous materials in such uses do not exceed those listed in Table 3-D or 3-E, the requirements of Sections 307.5 and 307.8 shall apply. When the quantities of hazardous materials in such uses exceed those listed in Table 3-D or 3-E, the use shall be classified as the appropriate Group H Occupancy. Occupants in laboratories having an area in excess of 200 square feet (18.6 m2) shall have access to at least two exits from the room and all portions of the room shall be within 75 feet (22 860 mm) of an exit. 304.2.2.2 Amusement buildings. Amusement buildings with an occupant load of less than 50 shall comply with Section 408. 304.3 Location on Property. For fire-resistive protection of exterior walls and openings, as de- termined by location on property, see Section 503 and Chapter 6. 304.4 Access and Exit Facilities. Exits shall be provided as specified in Chapter 10. See also Sec- tion 304.2.2.1 for exits from laboratories. Access to, and egress from, buildings required to be accessible shall be provided as specified in Chapter 11. 304.5 Light, Ventilation and Sanitation. Light, ventilation and sanitation shall be in accordance with Chapters 12 and 29 and this section. 304.5.1 Ventilation of flammable vapors. See Section 1202.2.2 for ventilation of flammable vapors. 304.5.2 Sanitation. The number of plumbing fixtures shall not be less than specified in Section 2902.3. 304.6 Shaft and Exit Enclosures. Exits shall be enclosed as specified in Chapter 10. Elevator shafts, vent shafts and other openings through floors shall be enclosed, and the enclo- sure shall be as specified in Section 711. In buildings housing Group B Occupancies equipped with automatic sprinkler systems through- out, enclosures need not be provided for escalators where the top of the escalator opening at each story is provided with a draft curtain and automatic fire sprinklers are installed around the perimeter of the opening within 2 feet (6 t 0 mm) of the draft curtain. The draft curtain shall enclose the perim- eter of the unenclosed opening and extend from the ceiling downward at least 12 inches (305 mm) on all sides. The spacing between sprinklers shall not exceed 6 feet (1829 mm). 304.7 Sprinkler and Standpipe Systems. When required by Section 904.2.1 or other provisions of this code, automatic sprinkler systems and standpipes shall be installed as specified in Chapter 9. 304.8 Special Hazards° Chimneys and heating apparatus shall conform to the requirements of Chapter 31 of this code ,'md the Mechanical Code. Storage and use of flammable and combustible liquids shall be in accordance with the Fire Code. · Devices generating a glow, spark or flame capable of igniting fla/nmable vapors shall be installed such that sources of ignition are at least 18 inches (4.57 mm) above the floor of any room in which Class I flammable liquids or flammable gases are used or stored. 1.-.8o 1994 UNIFORM BUILDING CODE 2901-2902.6 C ' Chapter 29 PLUMBING SYSTEMS SECTION 2901 -- PLUMBING CODE Plumbing systems shall comply w/th the Plumbing Code. SECTION 2902 -- NUMBER OF FIXTURES 2902.1 General. Thenumberofplumbingfixtureswithinabuildingshallnotbelessthansetforth in Section 2902. 2902.2 Group A Occupancies. In Group A'Occupancies at least one lavatory for each two water ! closets for each sex shall be provided at an approved location. At least one drinkdng fountain shall be i provided at each floor level in an approved location. EXCEPTION: A drinking fountain need not be provided in a drinking or dining establishment. For other requirements on water closets, see Sections 806 and 2903 and Chapter l 1 for access to I water closets and drinking fountains. i 2902.3 GroupsB, F,l-I, MandSOccupancies. InGroupsB, F,H, MandSOccupancies, build- e: ings or portions thereof where persons are employed shall be provided with at least one water closet. Separate facilities shall be provided for each sex when the number of employees exceeds four. Such < o toilet facilities shall be located either in such building or conveniently in a building adjacent thereto 'on the same property. Such water closet rooms in connection with food establishments where food is prepared, stored or served shall have a nonabsorbent interior finish as specified in Section 807. l, shall have hand- washing facilities therein or adjacent thereto, and shall be separated from food preparation or stor- age rooms as specified in Section 302.6. For other requirements on water closets, see Section 2903. 2902.4 Group E Occupancies. WaterclosetsshallbeprovidedonthebasisofthefolIowingratio of water closets to the number of students: Boys Girls Elementary Schools ........................ 1:100 1:35 Secondary Schools ......................... 1:100 1:45 In addition, urinals shall be provided for boys on the basis of 1:30 in elementary and secondary schools. There shall be provided at least one lavatory for each two water closets or urinals, and at least one drinking fountain on each floor for elementary and secondary schools. For other requirements on water closets, see Sections 806 and 2903. 2902~$ Group I Occupancies. In Group I Occupancies, sanitation facilities for employees shall be provided as specified in Section 2902.3. Additional sanitation facilities shall be provided for other occupants when the facilities for employees are not accessible to' such other occupants. For 9tber requirements on water closets, see Sections 806 and 2903. -2902.6 Group R Occupancies. Buildings classified as Group R Occupancies shMl be provided with at least one water closet. Hotels or subdivisions thereof where both sexes are accommodated shall contain at least two separate toilet facilities which are conspicuously identified for male or female use, each of which contains at least one water closet. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION AUGUST 4, 1997 N02 /-rNEi2ES The Traffic Commission was called to order at 7:05 p.m. III. ROLL CALL Present: Staff: Absent: Carlson, Duda, Goodman, Sturdevant, Mark Winson, Public Works Director/City Engineer Tom Johnson, Police Chief Jolly APPROVAL OF JUNE 2, 1997 MINUTES Motion by Duda, second by Sturdevant, 'to approve the minutes of the June 2, 1997 meeting. Roll Call: All ayes. OLD BUSINESS None. A. NO TURN ON RED SIGNAL AT 37TM AVENUE AND CENTRAL AVENUE In April of 1996 the Traffic Commission voted to install a "No Turn on Red, 7-9 a.m. and 4-6 p.m." sign on 37t~ Avenue for southbound traffic on Central Avenue and to review the installation after one year. At the December meeting, Police Chief Johnson reported that there had been no activity relating to the sign restriction. Commissioner Carlson stated he doesn't see the need for the sign. Sue Bembenek of 748 36 ½ Ave. N.E. was present representing the Columbia Park Neighborhood Association and indicated that the sign restriction has proven to be a vast improvement and very effective for pedestrians, bicyclists, and motorists. Jim Daire of the City of Minneapolis was also present and stated he felt strongly that the sign ~vas very effective and would oppose any action to remove the southbound signage. He felt there was significant potential for accidents with cars coming off of Reservoir Blvd onto Central or crossing Central going westbound on 37~ Ave. Commissioner Duda stated that the intent of this agenda item was for review only not to decide whether to retain or remove the sign. He was in favor of keeping the signage as he felt it is only restricted to rush hour traffic and provided safety at a busy intersection. Official Proceedings Columbia Heights Traffic Commission August 4, 1997 Page 2 IV. Vo Motion by Duda, to table the issue and review the "no turn on red" signage at 37~ and Central southbound next year. Motion died for lack of a second. Motion by Carlson, second by Sturdevant to call a Public Heating October 4, 1997, to determine whether the "No Turn on Red" sign remains at southbound 37~ Avenue and Central Avenue. Roll Call: Carlson-aye, Sturdevant-aye, Goodman-aye, Duda-nay. Motion carried. OTHER OLD BUSINESS None. NEW BUSINESS A. ST. TIMOTHY' S SENIOR HOUSING PLAN A 70-unit senior housing project is proposed for the west 224' of the property owned by St. Timothy's church. Access for the site will be on 51st Avenue. The east drive of the housing project will also be used for access to the church parking lots. A request to use the drive to Sullivan Lake Park for access to the service entrance on the west side of the building will be reviewed by the Park and Recreation Commission at their August meeting. Staff felt that the traffic flow is good. Commission members questioned the entrance width. They suggested a 30' entrance if feasible. Commission members were in favor of the development. Mr. Bruce Nedegaard was present to answer any questions. Motion by Duda, second by Sturdevant, to recommend the City Council approve the proposed access onto 51st Avenue as shown on the site plan dated April 4, 1997. Roll Call: All ayes. Motion carded. Official Proceedings Columbia Heights Traffic Commission August 4, 1997 Page 3 Bo REQUEST TO INSTALL "TWO-WAY STOP SIGNS" AT EACH UNCONTROLLED INTERSECTION. Motion by Sturdevant, second by Goodman to deny the request to install "two- way stop signs" at each uncontrolled intersection within the City. Roll Call: All ayes. OTHER NEW BUSINESS Mr. Virgil Persing of 2201 40~ Ave. N.E: presented the Commission with a petition of those opposed to a request by a resident at 2310 40th Avenue for the installation of sidewalks in that area of 40th Ave. REPORTS A. CITY ENGINEER NO PARKING ON THE NORTH SIDE OF 37TM AVENUE FROM CENTRAL AVENUE TO STINSON BOULEVARD For information only. The City of Minneapolis has reinstated parking on the south side of37~ Avenue from Central Avenue to Stinson Boulevard. The Northeaster carried an article in the May 5, 1997, edition concerning this action. Reinstating the parking lane ~vas initiated by residents of Minneapolis. The primary concern is the fast traffic speed on 37th Avenue. The Minneapolis Traffic Engineering Department stafffeels the roadway can handle the volume of traffic in a single lane provided there is room at the intersection for thru-traffic to maneuver around left turning vehicles. Minneapolis has contacted Mn/DOT concerning reinstating the parking lane but has not yet received MN/DOT approval. Columbia Heights staffis also aware that the traffic speeds on 37~ Avenue are a concern of Columbia Heights residents. Staff will recommend a traffic study for 37th Avenue from Central Avenue to Stinson Boulevard if Mn/DOT approves reinstating the parking lane on the south side of37~ Avenue. Staff recommends waiting one year to see how traffic moves along 37~ Avenue through a full cycle of seasons. Official Proceedings Columbia Heights Traffic Commission August 4, 1997 Page 4 2. USE OF BICYCLES ON SIDEWALKS The City Engineer received a call concerning the potential hazard of bicycles using the new sidewalk on 44~ Avenue. The City Code does not exclude bicyclists from using the sidewalk. Staffwill prepare a report summarizing known accidents/abuses involving bicycles on the sidewalk along 44~' Avenue from Central Avenue to Reservoir Boulevard for the August 1998 meeting. 3. MEETING DATE FOR SEPTEMBER As the first Monday in September is Labor Day, an alternate date of Wednesday, September 3, 1997, has been suggested for the next Traffic Commission Meeting. B. POLICE CHIEF Chief Johnson indicated that the new trailer computer system for vehicle counts and speeds is a great addition to the City. This equipment was donated by the Tri State American Legion and will be shared by the cities of St. Anthony, New Brighton and Columbia Heights. C. COMMISSIONERS Commissioner Carlson indicated another sign is needed designating one hour parking on the east side of 5t~ St. adjacent to the property at 4005 5~ St. ADJOURNMENT Motion by Goodman, second by Sturdevant, to adjourn the meeting at 8:35 p.m. Roll Call: All ayes. Respectfully submitted, Traffic Commission Secretary OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5~421-3878 ((312) 782-2800 TDD 782-2806 MEMBERS Marlaine Szurek, Chair James Fowler Russ Paulson Gary Peterson Gary Zarson PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF AUGUST 5, 1997 The Planning and Zoning Commission meeting of August 5, 1997 was called to order by ChairPerson Szurek at 7:00 p.m. Members present were Fowler, Peterson and Szurek. Commissioner Paulson was not in attendance. Aisc present were Tina Goodroad (Zoning Coordinator), Ken Anderson (Director of Community Development), Jim Hoeft (City Attorney), and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Fowler, seconded by Peterson, to approve the minutes from the Planning and Zoning Commission meeting of July 1, 1997 as presented in writing. Voice Vote: All Ayes. Motion Carried. NEW BUSINESS: Petitions, letters and requests. Public Hearing Lotsplit/RezoninglCUP/Site Plan Case #9708-28 St. Timothy's Lutheran Church RE: 825 N.E. 51st Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Bruce Nedegaard of l'~ledegaard Construction who is representing St. Timothy's Lutheran Church and is serving as the developer for a proposed three story, 70 unit senior apartment building to be constructed adjacent to the church at 825 N.E. 51st Avenue. The proposed building will be constructed as a multiple family residential structure restricted to seniors. She indicated that units will be rented at market rate and will not contain amenities found in a care facility. However, dining and other activities will be planned and provided by the management company (similar to Parkview Villa, but at market rents). She informed the Commission that several planning related requests must be approved for this proposal. First of these is a Iotsplit of the land for the apartment building from the church property. Secondly, a rezoning of the split portion is necessary as the property is currently zoned R-2, One and Two Family residential, and for this development the property must be at least "R-3", Multiple Family Residential. LOTSPLIT Ms. Goodroad stated that the applicant is requesting a Iotsplit of the church property to construct the proposed apartment building. She stated that the proposed Iotsplit and new description would read as follows: The west 224.00 feet of Lots 7 and 8, Auditor's Subdivision No. 51, except the north 3.6 acres thereof, Anoka County, Minnesota. The split portion for the new development would total 99,200 square feet. She reiterated that the reason for this split is to create a parcel separate for the development and for the rezoning, for without the rezoning, the development could not be approved. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF BERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES AUGUST 5, 1997 PAGE 2 REZONING Ms. Goodroad presented the request of Mr. Bruce Nedegaard for the consideration of rezoning the property described as the west 224.00 feet of Lots 7 and 8, Auditor's Subdivision No. 51, except the north 3.6 acres thereof, Anoka County, Minnesota as shown on the enclosed survey from the present "R-2", One and Two Family Residential District, to "R-3", Multiple Family Residential District. In the "R-3" District, Section 9.109(2)(h) allows, by Conditional Use Permit, nursing homes, rest homes or retirement homes. Ms. Goodroad informed the Commission that the reason for the rezoning is due to a development of a three story, 70 unit senior apartment building proposed on property adjacent to the west of St. Timothy's Lutheran Church. The proposed R-3 zoning would allow this development as a conforming use. She stated that if the rezoning is approved, it would require an amendment to the Comprehensive Plan as the land use plan shows this area as commercial. She informed the Commission that whenever a change is made to the Zoning Ordinance that does not correspond to the Comprehensive Plan, the latter must be amended as the two documents cannot conflict. Staff is currently looking at the surrounding area around St. Tim's for both the rezoning and Comprehensive Plan amendment to ensure the area is in compliance and reads the same in both documents. She stated that Staff would like to see the church be rezoned to R-3 and the Comprehensive Plan changed to reflect this. An area north of the park will be sold to Medtronic for their second expansion and the Comprehensive Plan and Zoning map must reflect this use correctly. She stated that Staff will schedule a public hearing for the September meeting to present a Comprehensive Plan Amendment for this area. The Commission could request that the rezoning be tabled until the September meeting when the Comprehensive Plan amendment is presented or the rezoning can be approved with a recommendation that Staff prepare the Comprehensive Plan Amendment for the September meeting. SITE PLAN Ms. Goodroad presented the request of Mr. Bruce Nedegaard for Site Plan Approval for the construction of a three story, 70 unit, senior apartment building. Site plans enclosed show each of the three levels plus the underground parking and an exterior building elevation drawing. She informed the Commission that the main floor features an entry, lounge, office, kitchen, laundry, dining facilities and, at the rear, a four season porch, screened-in porch and an outdoor patio all looking out to Sullivan Lake and Park. This main floor contains 22,761 square feet and contains 16 one-bedroom and six (6) two-bedroom apartments. The second floor features a large multipurpose room, above the main floor dining, a screened-in porch and deck, beauty shop, TV and exercise room, library, laundry, guest room and storage room. This floor contains 22,361 square feet with 15 one-bedroom and seven (7) two-bedroom apartments. The third floor features a lounge, lobby and laundry facility. This floor contains 23,000 square feet with 14 one- bedroom and seven (7) two-bedroom apartments. The perking level feetures 32 parking stalls, storage, woodworking and pottery stations, machine room, and maintenancelmechanical rooms. PLANNING ANn ZONING COMMISSION ~£GL(L~,P, N[r2.~.T(~iG - MINUTES AUGUST 5, 1997 PAGE 3 She stated that all four levels would be accessible via an elevator. She informed the Commission that unit sizes range from 640 square feet to 858 square feet for a one-bedroom unit and 898'square feet for a two-bedroom. These unit sizes meet the floor area requirements of the "R-3" Ordinance. Ms. Goodroad informed the Commission that the proposed building will have exterior parking on the south side (facing 51st Avenue) and on the east side facing the church. The site will be accessible with two curb cuts off 51st Avenue. These curb cuts must be approved by Traffic Commission. The north curb cut will lead to a drive in front of the building. A covered walkway to the drive is planned at the front entry. The height of this canopy must be at least 13 feet, 6 inches. The south curb cut will lead to the northeast portion of the building where the underground parking garage door is located. A service door and drive is planned on the east side of the building near the kitchen. She stated that this drive is proposed to access the City's park access road. Mark Winson stated in his memo dated July 29, 1997 that the owners would need to enter into an access easement with the City in order to use this drive for access. This item would need to be reviewed by the Park and Recreation Commission for a recommendation to the City Council. The Park and Recreation Board meeting would be held August 27, 1997. Ms. Goodroad stated that this site is going to take every advantage of the surroundings with the close proximity to the lake, park and trails. Landscaping would enable this site to blend with the surrounding area and linkages will be made to the trails. Setbacks Ms. Goodroad stated that ali required zoning setbacks have been met on this site plan according to the "R-3" Ordinance. Off-Street Parking Ms. Goodroad stated that the parking section of the Zoning Ordinance does not list senior apartment buildings separately from other multiple family buildings. Section 9.116(4)(f) would apply to this development as a multiple family dwelling. This section states that at least, two (2) parking spaces would be required for each dwelling in the "R-3" zone. This would require 140 spaces. 'She stated that the site plan and parking level site plan-indicate that there are 39 parking stalls planned outside · and 32 parking stalls inside. She informed the Commission that 69 spaces are not available on the site. But because this is a senior facility, parking would not be-in as much of a demand as a typical apartment building. She explained that often with a new building, the tenants will want to keep their car, but once they become accustomed to the area, many seniors may find they do not need their car. She suggested that a solution to the lack of parking would be a contractual parking permit between the church and owners of the constructed apartment building. This permit would indicate the property and number of spaces the apartment building would have rights to. This document would be recorded with Anoka County in the form of a covenant running with the real property effected thereby. This type of parking arrangement is necessary for the development to go forward. The site plan PLANNING AND ZONING COMMISSION REGULA/~ MEETIAIG- MIIgUTE$ AUGUST 5, 1997 PAGE 4 shows at the northeast side just how close St. Tirnothy's parking is to the site. The City would expect that any guest parking be on the St. Timothy's lot to 9ire the residents as much of the on-site parking as possible. She stated that this kind of contractual parking is not ideal in every case. However, in cases where one use is a church with only a couple times each week being busy and the remaining time relatively empty it is a good way it can be used. She stated that Staff would require that an agreement be written and approved by the City Attorney prior to issuance of a Certificate of Occupancy to ensure the parking requirement is satisfied. Ms. Goodroad stated that handicapped spaces must be provided on the exterior lot and interior ramp. Three spaces must be provided on the exterior lot in front of the building. Two of these must be van accessible with an eight (8) foot aisle and one (1) space with a five (5) foot aisle. The interior parking must have one van accessible handicap space with an eight (8) foot aisle. Landscaping/Screening Ms. Goodroad informed the Commission that the site plan indicates landscaping at the entry, around the building and through the parking lot. This development will take advantage of the views and existing surrounding park, especially in the rear. Because this is a residential building, the Housing Maintenance Code specifies some landscaping requirements. She stated that Section 7:5A.207(1)(i) requires sodding and ground cover. All exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios shall be sodded or landscaped with shrubs, trees, gardens or other ornamental landscape materials. All of these areas must be well maintained. Screening will be required at all loading and service utility sites and around any outdoor storage areas including dumpsters and refuse containers. The site plan indicates trees along a service road leading to the park access road. Trash is planned to be stored inside the structure. She felt that additional screening may be necessary at the perimeter of the parking lot. She informed the Commission that Section 5A.207(d) requires a minimum of one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway to the property on which the parking lot is located. She assured the Commission that Staff will ensure the landscape requirements are met as the project proceeds. Lighting Ms. Goodroad stated that the Housing Maintenance Code requires in Section 5A.208(1)(f) that lighting must be provided for parking areas and walkways between the parking area and the building. Lighting' must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum width of one foot candle, and the maximum light at the boundary line of the premises may not exceed three foot candles. She stated that a lighting plan has not been submitted by the developer. However, Staff would require a plan to be submitted when construction drawings are submitted. PLANNING AND ZONING COMMISSION AUGUST 5, 1997. PAGE 5 Traffic/Access Ms. Goodroad informed the Commission that the entrance to the site will be on the south end off 51st Avenue. Two accesses are shown on the site plan with one leading to the underground parking and one to the parking lot and main entrance. She indicated that the developer is also planning to have access to the park access road off of a service road planned on the west side of tile building. The Fire Department reviewed the site plan and addressed four items in a memo dated July 25, 1997. A primary concern is that all portions of the exterior of the first floor shall be within 150 feet of an approved access road. This access road must be at least 20 feet in width. This access road will be required to be posted "No Parking, Fire Lane". Mr. Winson has verified that the park access road is 22 feet wide. She stated that if an access agreement is approved, this lane could serve as their fire/emergency access. The Traffic Commission will review the curb cuts and internal traffic patterns. Other Engineering Comments Water Service: There is an existing ten inch water main in 51st Avenue that can be accessed for domestic and fire water supply. The owner/developer should determine if there is sufficient pressure and flow in the line to meet the needs of the project. Sanitary Sewer Service: There is an eight inch line that comes into the north side of the lift station located in Sullivan Park at the northwest corner of the site. Modifications are planned for this system that will provide an eight inch main along the north line of the development property. This will be done in 1998. Storm Drainage: Surface runoff must be directed to the existing storm water pond located northwest of the site. The owner/developer will be responsible for redesigning the pond to handle the added flow and for constructing the modification. CONDITIONAL USE PERMIT Ms. Goodroad presented the request of Mr. Bruce Nedegaard for a Conditional Use Permit to operate a three story, 70 unit, retirement home at 825 N.E. 51st Avenue adjacent to St. Timothy's Lutheran Church. She stated that Section 9.109(2)(h) of the "R-3", Multiple Family Residential Section of the Zoning Ordinance allows by Conditional Use Permit nursing homes, rest homes or retirement homes, provided the site shall contain not less than four hundred (400) square feet of lot area for each person to be accommodated, provided buildings for uses described in this section are twenty-five (25) feet or more from a lot line of an abutting lot line in an "R" District. She informed the Commission that the site plan shows the location of the building in relation to the church. Shared parking will be necessary for the project to be approved. PLANNING AND ZONING COMMISSION P,{[GULA[~ MEET(N(] - M(NUT£S AUGUST 5, 1997 PAGE 6 She stated that the approval of the Conditional Use Permit will be contingent upon approval of the site plan as well as all other planning related requests for this project. Bruce Nedegaard, developer and contractor for the proposed project, was in attendance as well as the architect, Bill Kemp, and the proposed owner/operator of the management company, Mary T., Inc., Mary Tjosvold. Mary Tjosvold stated that the building financing will allow only senior occupants in order to obtain a Iow mortgage rate. She stated that, in her experience, the entrance age for senior apartment living has been closer to 75 years old with an average age in the 80's. She described the amenities of the building with its accessible apartments comparing it to Margaret Place located in Coon Rapids. Chairperson Szurek opened the public hearing for resident comments and input. Catherine Henley of 809 N.E. 50 112 Avenue was present to ask why this public hearing was scheduled on the same night as National Night Out. She took it as a "personal affront" that because of this meeting, she was not able to attend her block party as she is the Block Captain. She asked staff to provide her with the statistics of the number of apartment dwelling units in the City and the number of senior units. She also inquired as to the taxes this project would generate for the City or if it will be tax exempt. Mark Kowal of 818 N.E. 51st Avenue stated that he was a long-time resident and was very perturbed over this proposed development as he felt that the project was being "jammed down peoples throats". He has prepared a petition with 40 signatures against the project. For the record, he read the statement on the petition stating that the project is not in the best interests of "our" neighborhood, that it would adversely affect the property values of the residences, there are no multiple dwelling buildings in the area as all are one or two family dwellings, the project does not fit into the neighborhood, there could be a problem with increased traffic in the area, it would deter from the aesthetics of the park. He stated that as residents and voters in the City of Columbia Heights he demanded that the Planning and Zoning Commission not approve the request. He commented that "we elected the City Council members, this is supposed to be a democracy. Let the people vote on this subject." He stated the issue was not that the building would be occupied by senior citizens but that the structure does not fit into the area. He stated that he will take whatever steps necessary, including legal, to stop this proposal. He also suggested that the City could purchase the property. He felt that the proposal should be put to a vote by the people and not "crammed down our throats". He stated that if the church is in a financial problem and needs help, the church should take it to the community for assistance. He also felt that if park land continues to be "eaten up" for developments, there will be no where for the kids to go to keep them out of trouble. He suggested the City purchase this parcel and add it onto the park as it would fit in beautifully. Ms. Goodroad informed the audience that the Planning and Zoning Commission reviews the requests to assure. compliance with City Ordinances. She stated that the Planning and Zoning Commission is a recommending body to the City Council and the City Council has the ultimate vote. For a rezoning, a 415's vote of the City Council is required. The comments received at this meeting are forwarded on to the City Council. PLANNING ANO ZONING COMMISSION REGULAR MEETING- MI~UTE$ AUGUST 5, 1997 PAGE 7 Wayne Margato of 800 N.E. 51st Avenue questioned the average age of the proposed tenants. He also inquired about parking provisions, whether they would be on the street being the site is 70 spaces short of the required parking space. He was also concerned with the use of the park access road being opened up to the use of large trucks as children play in and near the area. Mary Tjosvold responded that the access road would be used for trash trucks. Al Bates of 724 N.E. 51st Avenue stated that he is a 40 year resident. He stated that years ago, the City Council guaranteed that the residents would have a nice park. He asked "what kind of deal was cut". It was his opinion that the property should be used as open space for the park system. He stated that he was against Iow income and subsidized housing as it will destroy the beauty of the area. He insisted that no matter what guarantees the developer and the City give, this proposed building will turn to Iow income housing in the future. Herb Pierson of 5036 Jackson Street stated that he is in opposition to the proposed project as a property owner and tax payer. He felt that zoning requirements must be enforced for the parking requirements as he is concerned that there will be on street parking. He felt this project will impact the roads in the area due to increased traffic. The residents are the ones that pay for the seal coat and road work in the area. The proposed owner of the building stated that the senior residents will eventually not have vehicles. He then expressed concern with the fact that if the seniors take to the streets, there is an uncontrolled intersection at 51 st and Central that could cause problems. He also felt that the long term use of the facility could turn to low income or subsidized housing "and that could bring undesirables into the area especially when you get into Federal programs". He expressed concern with the lack of lighting proposed for the facility and did not approve of the park access road being used by this facility as he uses the park and was not amenable to running into trash trucks or utility vehicles. Mary Tjosvold stated that when she indicated that the rents for the building would be "affordable" she did not mean Iow income or subsidized. The rents would be 8600 to 8700 per month which she felt were still on the high end. She informed the audience that a great many of the residents do give up the use of their vehicles as they eventually become unaffordable as most residents are widowed women living on social security. She stated that they will be adding lighting to the site to comply with the City requirements so the site will be safe for the residents of the building as well as for the neighborhood. She also commented that when people own land, she felt that they should have the right to sell the land to anyone of the owners choosing. This lot could be bought by anyone and developed in higher density than what is proposed. She asked if this proposed use would not be the best use for this lot. No one can guarantee that vacant land will remain vacant forever. Pat Brown of 815 N.E. 50 1/2 Avenue welcomed the proposed developer and owner to Columbia Heights, "the poster child for multi-unit housing". He asked if the City is 9oing to "add this to the misery already visited upon us" referring to the Sheffield area problems. He expressed concerns with the truck traffic being imposed on the 'park access road. He also expressed fear of the building changing from senior housing to other uses in the future. He stated that he has heard nothing at this meeting to convince him that it will remain as senior housing. He was also concerned with the additional amount of vehicle and foot traffic this will bring into the neighborhood. He expressed thanks to St. Tim's for "reaching out to the neighborhood and residents in the area regarding this project" stating that he has not heard "beans" from the church or the developer. PLANNING AND ZONING COMMISSION ~EG~dLAP, MEETIflG - MINUTES · AUGUST 5, 1997 PAGE 8 Mary Tjosvold stated that it sounds like the residents assume that the occupants for this proposed facility will come from outside the area which is not true as the majority of the residents come from within a ten mile radius. It was also stated that a number of the church members have already expressed the desire to occupy this structure. Jane Smank of 826 N.E. 51st Avenue stated that she bought her house because Of the location and proximity to the park, church, etc. and felt that the proposed project would not fit into the neighborhood. Tom Piersak of 5025 Jackson was present to state that he thoug~it he was moving into a quiet neighborhood when he purchased his house in November of 1996 but has found out otherwise due to the noise generated by Boston Market and specifically the trash pickup at 5:00 a.m. He suggested that the church build a double bungalow on the site "and be done with it". Ken Dewey of 719 N.E. 50 1/2 Avenue stated that he has lived in Columbia Heights for 36 years and felt the site would be a good place for a civic/community center. He was not in favor of the proposal. Commissioner Szurek stated to the residents that the church has the right to sell their property to anyone they wish as could the residents sell their home to anyone. The City has no control in the sale of properties. She also reiterated that the Planning and Zoning Commission is a recommending body to the City Council who make the final decision. Bruce Nedegaard, developer for the project, stated that he has been a 30 year resident of the City and of St. Tim's. He stated that many churches have this type of senior housing adjacent to the church or in connection with a church. He felt that at least 80% of the residents for the new building will be from the area. He expressed surprise with the number of people against the project as he attended numerous meetings at the church where the congregation is 100% behind the project. He informed the Commission that 20-25 members of the church have expressed the desire to live in the building. He stated that he had no idea that the residents felt this way. He tried to explain that the building must remain as senior housing for at least forty years which is the term of the mortgage. Commissioner Szurek explained that the Conditional Use Permit will only allow what it is stated in the Conditional Use Permit. The Conditional Use Permit regulates the use of the property. If the use of the property were to change, a new Conditional Use Permit would have to be applied for and reviewed at a public hearing. She also commented that if she was a senior citizen, she would feet bad about the attitudes of the residents that she has heard at this meeting. She felt that the church has the right to sell or develop their land as they wish. She referred to the development of the LaBelle Condominiums at 41st and Central stating that her home was one that was displaced during that approval process. She indicated that LaBelle Condos was initially built as viable housing for younger families. She stated that the majority of residents there are retired people from within the city. She also spoke regarding the comment that St. Tim's is in financial trouble. 'She stated that she is a member of Immaculate Conception and knows that her church is having difficulties. She felt that if Immaculate solicited financial assistance from outside the church, they would not get much help. St. Tim's is a small christian community and money may not be there as it would from within the Immaculate community. She stated that St. Tim's could sell the church and whole parcel for another development. She also stated that the City is attempting PLANNING AND ZONING COMMISSION ~EGLIUIR N~EET(NG - MINUTES AUGUST 5,, 1997 PAGE 9 to purchase deteriorated homes in the community and some are owned by elderly folks who will need a place to move. When these older homes are demolished, it will create vacant lots for purchase by developers for construction of new homes. Mark Kowal again stated that the residents are not against seniors or senior housing but feel this structure does not fit into the neighborhood. He stated that if senior housing is needed, that it should be constructed in an area that is already in transition such as the Sheffield area, not in a stable neighborhood such as their's. He referred to a meeting he attended about a year ago at the church where City representatives spoke regarding the type of development that could occur and that there were no guarantees that this building would stay as senior housing forever. Ken Anderson, Director of Community Development, stated that he was at a congregational meeting and spoke regarding general city issues about the Iotsplit. He spoke in very general terms regarding the transition of land uses, sound planning principles including commercial and industrial (high intensity developments) in high traffic patterns (i.e. Central Avenue). He stated that the area adjacent to St. Tim's is zoned R-l, Single Family Residential, and R-2, One and Two Family Residential, and Medtronic which is zoned RB, Retail Business, a more high intensity use. He informed the audience that it is sound planning to have a buffer between commercial developments and Iow density residential developments of medium to high density residential which is what is being proposed. He stated that the purpose of this public hearing is to obtain comment and public input relative to this proposal. He explained that the City is trying to be responsive to St. Tim's and the developers who want to acquire property and have reasonable use of the property. It is everybody's prerogative to make a request to the City as to how they propose to use their property. It is now within the purview of the Planning and Zoning Commission to respond to that request to allow them to have reasonable use of their property through the democratic process and receive input from everyone in the vicinity of the project and that is the purpose of this meeting. The Planning and Zoning Commission votes on a recommendation to the City Council and the City Council votes on behalf of the residents. He stated that the City Council takes citizen input very seriously as does staff and the Planning and Zoning Commission. He also stated that "we appreciate your input" and wanted to point out that this has been a long process and has been deliberated by the church for over a year. He further explained that, now that St. Tim's has made an application to the City, the City has an obligation to respond within a 60 day time frame to the project before them and concerns of the residents. He felt that this project would be reasonable to allow a transition in land use in this area. He informed the audience that the Comprehensive Plan of the City allows for commercial use in this area. Rezoning for this area would require a 4/5 vote of the City Council, not just a simple majority vote. He felt the rezoning of this area would be in consort with the Conditional Use Permit and Iotsplit to assure everybody in the area, that if rezoned, they will know what is going to be developed and not something else that might be permitted in an R-3 District. He stated that it came out loud and clear that residents object to general occupancy apartments. He reiterated that the proposed building 'is restricted to seniors as an obligation and contingency of the financing by the Department of Housing and Urban Development for a forty year period. Chairperson Szurek closed the public hearing. Council Representative Peterson expressed his surprise at the outpouring of opposition to the project as he thought most people who have heard about this development felt there was a need and were in favor of it. He personally PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES AUGUST 5, 1997 PAGE 10 could say that there would be no better developer or owner/operator than those proposing this development. He stated that the City's population is an aging population. The comments by the residents that this development would lower property values is unfounded. He cited the Crestview development and indicated that the comments made at the proposal for that development were almost identical to those made at this meeting. He directed the attention of the audience to the Crestview neighborhood stating that this is one of the finest neighborhoods in the City. He believes that the concerns expressed by residents at the Crestview public hearing were addressed by the developers and the City and the project has worked out well. He stated that the senior housing at 40th and Central Avenue have not caused any problems for that neighborhood. He did not believe that this project would be a negative factor in the neighborhood. Mr. Peterson also stated that he was not aware that the church was having any type of economic problems, and if they were, it would not have any bearing. He felt that this project would be an compliment to the church operation as he has seen many churches with senior housing. He indicated that he was somewhat embarrassed by the attitudes of the residents. He felt that something could be accomplished if everyone could work together with an open mind and be objective. Mark Kowai stated that he would think that with this many people against the project, the Planning and Zoning Commission should take more time to discuss and review this project and table it for additional discussion. Otherwise, he felt this whole process is "a sham" and a waste of the residents time, or, he asked "is this project pushed through because of Mr. Nedegaard and because it was decided before this meeting that it was a viable project". Council Representative Peterson stated that he represents 19,000 people and not just 40 people as he is elected to the City Council to make the best decision for the whole community. He directed the audience to contact anyone on the City Council, the Mayor, Planning and Zoning Commission members and any of the Staff at any time with their questions or comments. Commissioner Szurek stated that if the Planning and Zoning Commission feels this is a viable project, and if the request meets zoning requirements, it is moved onto the City Council who makes the ultimate decision. She asked the developer and owner to take into consideration the concerns expressed by the residents at this meeting and to look at other access than the use of the park access road, the possibility of "no parking" on 51st Avenue. She stated that this proposed building would never be used for other than senior housing and could not foresee any problems as the size of the units would not be conducive to family housing. Besides, she stated, the Conditional Use Permit process would not allow a change of use. Mary Tjosvold invited the residents to visit Margaret Place in Coon Rapids to get a visual idea of what type of operation they are proposing and how it is run. The layout of Margaret Place is similar to this project with six foot wide halls, pull cards in the bathroom and bedrooms, bi-monthly checks by nurses, etc. She stated that the business is family owned and operated and they are very proud of their operations. Mr. Nedegaard suggested that they also visit the Rice Creek senior complex next to New Market in ~lew Brighton for which he was the developer. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES AUGUST 5, 1997 PAGE 11 MOTION by Fowler, seconded by Peterson, to recommend to the City Council the approval of the Iotsplit as presented as all zonin9 requirements will be met. ¥oice Vote: All Ayes. Motion Carried MOTION by Peterson, seconded by Fowler, to recommend to the City Council the approval of the rezoning request of the property as described in Ordinance #1352 contingent on approval of the proposed Iotsplit, site plan and Conditional Use Permit. The motion also included the recommendation that Staff prepare a Comprehensive Plan Amendment for the development site and surrounding area for the September Planning and Zoning Commission meeting. Voice Vote: All Ayes. Motion Carried. MOTION by Fowler, seconded by Peterson, to recommend to the City Council the approval of the site plan as it meets appropriate zoning requirements provided the following contingencies are completed prior to occupancy: 1. Approval of the Iotsplit request. 2. Approval of the first and second reading of Ordinance #1352 (rezoning of development property). 3. Parking agreement be prepared and approved by City Attorney and filed with Anoka County in the form of a covenant. 4. Access easement be approved by the Park and Recreation Commission and the City Council. 5. Landscape plan and lighting plan be prepared and reviewed by Staff at the time of submission of construction plans. 6. Owner/developer responsible to determine if sufficient water pressure flow in the line will meet the needs of the development. 7. Owner/developer must provide a plan that is approved by the City Engineering Department for a redesign of the storm water pond and will be responsible for constructing the modifications. 8. A sidewalk system be developed for installation across the two properties. Voice Vote: All Ayes. Motion carried. MOTION by Fowler, seconded by Peterson, to recommend to the City Council the approval of the Conditional Use Permit provided the following contingencies are completed and required approvals are made prior to occupancy: 1. Approval of Iotsplit request. 2. Approval of the first and second reading of Ordinance #1352 (rezoning of development property). PLANNING AND ZONING COMMISSION R~:GfJLAR MEETING - MINUTES AUGUST §, 1997 PAGE 12 3. Parking agreement be prepared and approved by City Attorney and filed with Anoka County in the form of a covenant. 4. Access easement be approved by the Park and Recreation Commission and City Council. 5. Site Plan and ali related contingencies be completed and approved. Voice Vote: Ali ayes. Motion carried. **THESE ITEMS TO APPEAR ON THE AUGUST 11, 1997 CITY COUNCIL AGENDA. PLANNING AND ZONING COMMISSION REGULAR MEETING . MINUTES AUGUST 5, 1997 PAGE 13 Ms. Goodroad stated that Section 9.113(2) of the Retail Business Section of the Zoning Ordinance requires a Conditional Else Permit for dwelling units provided: 1. The units do not occupy the first floor; 2. That a roof intended for useable space shall be enclosed by a wall or fence not less than five (5) feet in height. She stated that Staff's interpretation of the requirement that the residential unit must be located on the second floor means that if a second floor (a floor above street level) exists, then the residential unit should be approved for only that floor, not on the street level. Ms. Goodroad indicated that Mr. and Mrs. Ferris are requesting an amendment to what has already been approved in the Appeal and Conditional Use Permit. The Ferris's would now like to use just the basement floor for the business (not the main floor as originally approved) and use the main floor for a residential living room, kitchen and dining room and the second floor for the residential bedroom. This request not only contradicts the original Appeal. and Conditional Use Permit that has already been approved but also the reading of the ordinance. A Conditional Use Permit is required for a residential unit in an "RB" District, but for the second floor. She stated that this structure clearly has a second floor and in June the Planning and Zoning Commission and City Council reviewed and approved a Conditional Use Permit for its use and plans for how a kitchen and bath would be installed to make it a separate unit. She reminded the Commission that in June the Commission also reviewed and approved plans for the main floor and the vestibule that was designed to make the second story separate. These plans were sketched and no architectural plans as required were submitted. Because Staff and the Planning and Zoning Commission know it is possible to have the residential unit on only the second floor and even approved a Conditional Use Permit to do so, Ms. Goodroad stated that Staff cannot recommend approval of allowing the main floor to be used as the residentia! living room, kitchen and dining room, especially when an alternative is available. Ms. Goodroad stated that Mr. and Mrs. Ferris did prepare, in her writing, a revised plan to the lower level. She would like to use it for the business area. The plan shows an entry to the outside, a large open office space, storage, closet and a creation of a handicap accessible bathroom. A large closet would be eliminated and a wall removed so that an existing bathroom can be enlarged. A utility room at the rear of this floor will be maintained. Ms. Goodroad informed the Commission that Mr. Collova has spent many hours discussing the accessibility requirements with Mrs. Ferris. He has also made it clear that the City does not have the authority to waive these requirements as they are State mandates. Mr. Collova prepared a memo dated July 28, 1997 with his comments on this appeal amendment. Mr. Collova believes that Mrs. Ferris's request to move the business to the basement is a way to "side step" the accessibility requirements, but stresses the point that it is feasible to install an access ramp in place of the existing exterior stairwell. She stated that neither Mr. Collova nor the City are in the position of waiving any kind of State requirements. Mr. Collova also stated that this amendment request either be denied or tabled until al_l architectural drawings are submitted and a job superintendent has been hired. From a Planning and Zoning standpoint, Ms. Goodroad stated that the issue is not so much whether the basement is used for the business or not. The Building Code will determine whether or not this is feasible. The important factor is how the main floor is used. In her opinion, it should no._It be used for any residential purposes. However, PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES AUGUST 5, 1997 PAGE 14 if the Building Code allowed the basement and main floor for business purposes the Zoning Ordinance would not necessarily prevent it. She stated that any increased space used for a business would increase the parking requirement. If both levels were used for the business, the Zoning Ordinance would require four (4) parking spaces. The residential unit will also require two (2) spaces, and a garage is available to provide these two spaces. Other paved space is available,' however, she did not know if four cars could be accommodated and the site plan submitted does not reflect this information. Ms. Goodroad informed the Commission that Mr. and Mrs. Ferris are also requesting that the requirement for a six (6) foot high privacy fence along the north property line be waived. They would like to only provide a screening fence along the north property line only to the east point of the garage instead of along the entire north side. She stated that Section 9.117(3)(b) of the screening section of the Zoning Ordinance requires that where any business or industrial use, structure, parking or storage is adjacent to or across the street (or alley) within 300 feet of or from property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. She indicated that a site plan is enclosed which shows the north boundary of the site where the fence is required. The site plan also indicates a six (6) foot high fence to be constructed, representing that the Ferris's were planning to install the fence when the original appeal and Conditional Use Permit were approved. Ms. Goodroad informed the Commission that because this property is in an "RB", Retail Business District, they are required to have a fence between the business and residential property. Without this screening, the property would be in violation of the Zoning Ordinance and, since there is no reason for not installing the fence, Staff recommends that this request be denied. Council Representative Peterson asked Ms. Goodroad if the neighbor to the north had expressed any concerns regarding the installation of the screening fence. Ms. Goodroad replied that she had not heard from that neighbor since two weeks ago when he contacted her regarding chunks of the chimney falling off the house and was more concerned about the condition of the house and lot because of the length of vacancy. Ms. Goodroad explained that the Zoning Ordinance requires screening. It would be in the best interests of everyone to assure its installation whether the adjacent property owner wants it or not as that person could move in the future. Ms. Ferris was present to explain her intentions stating that she originally would have liked to propose this as her 'initial request but was "scared off". She described the layout of the basement area stating that she felt her current proposal was the highest and best use of the building. She informed the Commission that architectural - drawings would be submitted. She stated that the additional expense of providing architectural drawings at this point would not be needed until she was completed with the approval process, but she intended to submit them for a building permit as well as providing a job supervisor. She also stated that the yards to the north and west were nice yards and it would deter from the aesthetics of the area to install a privacy fence. She also felt that the fence would detract from the corner and be a traffic problem. PLANNING AND ZONING COMMISSION REGULAR MEET/NB - MINUTES AUGUST 5, 1997 PAGE 15 Building Inspector, Mel Colloval stated that an extremely large amount of time has been expended by Staff providing Mrs. Ferris with additional information, reasons for requirements and continuous repetition of the same information. He felt that it would be in her best interests to hire an architect to handle the project and provide the plans representative of all code requirements and move the project forward. He stated that an architect is compelled by State Law to provide access, ventilation, energy requirements, etc. on all plans prior to plan review. He indicated that the City is not getting paid for him to design her project nor would permit fees pay for the amount of time expended on this project thus far. He suggested that if this project does not move forward in the very near future, he would be inclined to induce the six month vacancy of a non-conforming structure and proceed with the condemnation and abatement of the structures. Commissioner Szurek stated to Mrs. Ferris that her sketches on pieces of paper are not viable plans. Mrs. Ferris stated that those were her architectural drawings. Szurek informed Mrs. Ferris that architectural plans must be stamped and signed by an architect. Mrs. Ferris inquired as to how the residence at 608 N.E. 40th Avenue was allowed on the first floor with the business in the basement. Ms. Goodroad stated that 608 N.E. 40th Avenue was located in a different zoning district, the LB District, which has different requirements and allowed the residence on the first floor. The "business" in the basement is a home occupation and has been approved for that use. Mr. Collova responded that Mrs. Ferris' proposal is classified in Chapter 34 of the State Building Code as a change in use where the structure at 608 N.E. 40th Avenue was not a change of use. Council Representative Peterson stated that Mrs. Ferris was directed by the Planning and Zoning Commission to provide the required architectural drawings from the beginning and could not understand why she has not complied and proceeded with the project. MOTION by Peterson, seconded by Fowler, to deny the amendment to the Appeal and Conditional Use Permit requesting use of the main floor of 411 N.E. 40th Avenue for residential purposes as it is contradictory to the intent of the Zoning Ordinance. Voice Vote: All Ayes. Motion carried. MOTION by Peterson, seconded by Fowler, to deny the request to not install the required screening at 411 N.E. 40th Avenue, and, with this denial, Staff ensure that all screening is provided prior to issuance of a Certificate of Occupancy. Voice Vote: All Ayes. Motion carried. MOTION by Fowler, seconded by Petersonl to table the request for use of the basement at 411 N.E. 40th Avenue for business/office space until architecturally drawn plans and specifications showing all codes and all accessibility codes that will be followed. A site plan must also be prepared showing the number and size of parking stalls available on the site including one van accessible space. Voice Vote: All Ayes. Motion carried. PLANNING AND ZONING COMMISSION REGULAR/I, fEET/~/G - MINUTES AUGUST 5, 1997 PAGE 16 Public Hearing Rezoning Case #9708-30 City of Columbia Heights RE: 40th Ave., Wash St. to Jackson St. Columbia Heights, Mn. Ms. Goodroad reminded the Commission that at the July Planning and Zoning Commission meeting she presented information on the possible need for rezoning of a portion of 40th Avenue. She explained that the homes located on 40th Avenue between Central and University Avenues are non-conforming as they are located in business zoned districts. She stated that several homeowners have requested that the City explore the possibility of rezoning a portion of the area where numerous homes exist to a residential zoning classification. Ms. Goodroad directed the Commissions attention to a zoning map showing the existing zoning with a colored outline of the proposed rezoning boundaries and copies of section maps of 40th Avenue which show the individual parcels and whether it is a home or business. She indicated that the proposed rezoning is targeted from Washington Street to Jackson Street on both sides of 40th Avenue as this area of 40th Avenue has the most continuous housing on each block. She informed the Commission that she has also prepared a draft Ordinance for the rezoning which corresponds to the colored boundaries on the Zoning map and, as this is in draft form, no motion will be necessary at this meeting. She added that the reason for this process is to give the public and all property owners the opportunity to hear the proposal and provide comments. She asked that the Commission remember that this rezoning does not have to be done immediately. If too many conflicts develop, it could be deferred until the Comprehensive Plan Update is done. She indicated that she has discussed the residents request with the City Council. At this time, their only response was to go through Planning and Zoning and prepare a draft Ordinance. Ms. Goodroad informed the Commission that there are a total of 42 properties between Washington Street and Jackson Street. Of these properties, 31 are homes and two churches, all of which should be located in some kind of residential zoning. 'Unfortunately, the existing businesses are not grouped together within one block but are intermingled between the homes. Therefore, she explained, a clean rezoning, one without creating non-conformities, would be impossible unless we eliminate the business parcels from the rezoning and leave them zoned "LB", Limited Business. This method of zoning would be considered "spot zoning" as individual parcels will be zoned for one use while surrounding land will be of another designation. Ms Goodroad explained that on the section map she has drawn a line for a possible rezoning to "R-2", One and Two Family Residential. The reason for this designation is to make as many properties conforming with this rezoning as possible. This zoning district requires only a five (5) foot setback on each side yard, whereas the "R-I", Single Family Residential, requires a side yard setback of seven (7) feet. She further explained that since most of the homes in this area a~e on small lots, most would not comply with the seven foot setback. She stated that she is proposing rezoning Immaculate Conception Church to "R-3" as 90% of the property is currently zoned "R-3". She has also designated the City Library zoning as "CBD", Central Business District, to keep this property in a business zone by expanding the "CBD" zone to include it. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES AUGUST 5, 1997 PAGE 17 Ms. Goodroad also included City Hall and adjacent parking lot area in the proposal as the current zoning is "R-3", Multiple F~mily Residential, and, as an office use, it should be "RB", Retail Business. Included with this are two businesses, addressed 604 and 608 N.E. 40th Avenue, located just east of the City Hall parking lot. This change would connect to the "RB" Zone just west of City Hall and continue west'to University Avenue. Ms. Goodroad stated that the area for rezoning will still contain five businesses which wilt become non-conforming. But due to the small lot size and lack of required off-street parking, some of these businesses could be non- conforming even under business district zoning. These lots and this area with the surrounding land uses is better suited for residential zoning. The residential homes are in close proximity to many residential type amenities: parks, churches, schools and other existing residential areas (located behind the parcels on the north side of 40th Avenue). She stated that, with this rezoning, the City would bring 31 homes into conformance with the Zoning Ordinance. She explained that since this is a preliminary discussion of the draft Ordinance No. t353, no recommendation will be necessary. However, Staff and the Commissioa will receive comments and, with them in mind, determine the next step to be taken. ChairPerson Szurek opened the meeting to the audience at this time. Mike Ryen currently of 14391 Quicksilver in Ramsey was present to state that he was one of the residents that approached the City regarding the non-conforming status of his property at 643 N.E. 40th Avenue and the problem it caused with a proposed sale of the home. He explained that the proposed buyer could not obtain the appropriate mortgage to cover the full cost of the house and lot and the sale fell through. He has been unable since that occurrence to sell the property. He encouraged the Commission to consider taking the opportunity to make 33 properties conforming with the Zoning Ordinance. He apologized to the neighbors for the necessity to rent his former home, but felt he had no choice as he could not sell it. He stated that he does not want to be a landlord and again implored the Commission to address this problem now and move it forward. Ron Nelson, owner of 700 N.E. 40th Avenue was present to obtain further information regarding the proposal. Ms. Goodroad explained to the audience the problems that have occurred with the mortgage companies and their lack of providing full mortgage coverage on non-conforming properties. She reiterated that the purpose of this presentation is to gather public input and for the Planning and Zoning Commission to determine what direction the City should take either remedy the situation and proceed with the rezoning or leave the zoning of the area as is. A Mr. Abraham, representing the Steelworkers Union Hall at 808 N.E. 40th Avenue, was present to ask "why not leave businesses zoned as they are currently". Ms. Goodroad responded that the special zoning that Mr. Abraham is suggesting for the businesses would be considered "spot zoning" which is not a desirable zoning tool. Jim Kurth, owner of Kurth Surveying at 4001 Jefferson Street, was present to state that his take on the situation was to have the City assist a homeowner to "get out of his current undesirable situation and impose a different PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES AUGUST 5, 1997 PAGE 18 situation on the businesses in the area". He suggested that the City consider making residences a legal use in the LB Zoning District or eliminate the LB District an~l change the business use designation to RB and add residential uses. He asked how this proposal would affect other areas of the City. Ms. Goodroad stated that depending on how the changes would be done would determine the level of effect on other areas of the City. That is why she stated the City should not rush this study but take a very close look at the situation to assure that any impact, if any, would be minimal. Dan Shattuck, owner of a multiple dwelling at 624126 N.E. 40th Avenue, was present to urge the Commission to consider the use of "spot zoning" to allow the residences to be made conforming and special zoning to keep the businesses in the correct zoning district. He also suggested creating a "mixed use" zoning district. Ms. Goodroad informed the Commission and audience that there is a question of whether the businesses would still be considered nonconforming in the business districts as they may not be able to meet the required lot sizes or conform to the off street parking requirements of the Zoning Ordinance. Chairperson Szurek thanked the audience for attending this meeting and stated that they would be notified of any future meetings where this issue will be discussed. She welcomed them to contact any of the Commission members or Staff to answer questions or thoughts they might have regarding this process. Motion by Peterson, seconded by Fowler, to adjourn the meeting at 9:55 p.m. Voice Vote: All Ayes. Motion carried. Respec~tf.~ submitted~..~7~_~ Kathryn Pepin Secretary to the Planning and Zoning Commission kp COLUMBIA HEIG~ P~BLIC LIBRARY' BOARD OF TRUSTEES MINUTES August 4, 1997 The meeting was called to order by Chair, Barbara Miller. Those present were: Barbara Miller, Richard Hubbard, Pat Sowada, Nancy Hoium, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the July 1st meeting as mailed. The July 28a' bill list was reviewed. It was moved, seconded, and passed that the bills be paid. The August 11th bill list was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Old Business: 1.) 2.) 3.) 4.) New Business: 1.) A budget update was presented. The City will be allocating money for each of the Boards and Commissions to have a holiday party individually again. A new format will be used in the budget presentations using more narrative explanations. A completed City wide budget book has not been distributed as of yet. No new date has been set for the joint City Council/Library Board Budget meeting at this time. The Anoka County Library Board has expressed a desire to hold a joint meeting with the Columbia Heights Public Libr,'u'y Board of Trustees for the purpose of long range planning. They would like to meet possibly for about an hour sometime in November. The Board proposed the following possible dates, November 24, December 8, or December 15. Becky will contact Anoka County Library Director, Jerry Young, to negotiate a common date. The roof leaked again on July 11 in a new location. The new leak was near the windows in the East Room. The library lost approximately $140.00 worth of materials. The City Manager and Public Works Director were called out to the site. The contracted building inspector for the City, Mel Collova, has been designated to contact a commercial building repair contractor to pursue the repair of the library roof. Becky has obtained a list of consultants regarding the new security system. The consultants have ideas which may result in having to do tess modifications to the building. The recommendations will be considered and followed up and the Board will be updated as necessary. Maintenance items to the building were listed, and those completed were noted for the Board: A. B. C. D. Ballasts and light sockets repaired (complete). Carpet cleaned, traffic mats cleaned (complete). Order new scanner (complete). Quotes on the following items have been solicited 2. 3. 4. 5. 6. Painting exterior trim, activity room, stairwell and hall Replace main floor water fountain Replace floor tiles Replace emergency door Repair folding door Pest problem The Board directed that all above items were a necessity and should try to be completed. 2 2.) The air conditioning unit above the East Room has sustained damage from a broken tree limb. Honeywell says that they cannot repair it. An insurance claim has been submitted. The insurance company reports that in order to pay the claim you must repair or replace the parts. The matter is being pursued. 3.) The proposed materials regarding the re-zoning of 40th Ave. were reviewed. The library would be zoned as part of the Central Business District if this re-zoning request is passed. 4.) The memo from Anoka County Library regarding a policy change on look-ups of materials, due to the Minnesota Data Privacy Act, was reviewed. The Board would like staff to do a survey before changing our policy on this matter. The survey would consist of tracking how many times we are asked over the ph. one to give out information to patrons regarding their "has" list. The County will not provide this information over the phone. The patron must have his/her library card and physically be at the library to obtain any information regarding rifles of materials checked out. 5.) The document regarding discounts in telecommunications charges was reviewed. The library would be eligible for these discounts, and will apply when the forms are made available. 6.) Crossover statistics were reviewed. 7.) Recognition was given to Andrea Carter, Courmey Huber, and Samantha Pace for their quick wits in stopping the basement from flooding during the storm on July 1st. The water was gushing down the stairwell so quickly, and the drain at the base of the stairs was plugged so that water began to flow under the exterior door. These three pages made a dike of plastic bags and stuffed them between the door and the weather stripping saving library materials from being damaged. 8.) Page interviews were completed and 2 people were offered the vacant page positions. Two days prior to training the fh'st candidate called and declined the position. The second candidate called one hour before training was to begin and also declined the position. The library will be re-advertising for the positions and applications will be accepted until August 27. The choreperson hired is scheduled to start working on August 1 lth. 9.) A new bulk loan service to Heights Manor has begun on an experimental basis. Fifteen books at a time are being delivered. 10.) The Board was informed that Mark Winson has submitted his resignation effective September 12 to accept a civil engSneer position in Duluth. 11.) Five police reports were filed in the last two weeks by library staff. Situations involved vandalism, graffiri, a young woman and a scene in the library lobby, and an altercation between two adult males in the alley adjacent to the library. A seminar with the police chief for staff will be conducted covering personal safety and crisis intervention techniques. There being no further business the meeting was adjourned at 8:20 p.m. ~c~pectfully submitted, Je~e M. Schmidt, Secretary to the Library Board of Trustees. 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 servic,s, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, program., and activities. Meeting called to order at M~fing da~: Wed~av..Inly23~ ~ 6:30 p.m. by Dick Petkoff, Chalman Roll call: Eileen Evans Jerry Foss Gary Peterson Dick Petkoff Bob Ruettimann Ed Brandeen, Interim Recreation Director Members absent: Brace Magnuson, Jim Nelson, Mark Winson Also present: Len Olson, Police Captain CONSENT AGENDA The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve minutes of the June 25, 1997 meeting. p, PPROVAL PAYMENTS OF BILLS Move to approve payment of bills as listed from the proper funds. Approval of Consent Agenda: Motion by Foss Second by Evans LETTERS AND REOUESTS REOUEST USE OF MAIN HALL, KIT(~I-[EN, & LABELLE LOUNGF-JUNITED WAY OF MINNEAPOLIS AREA Members reviewed letter of request to waive the fee for the annual Minneapolis Area United Way for their annual holiday party on Friday, December 12, 1'997. Motion by Evans, second by Foss to deny the request for waiving of the fee. All ayes, motion carried. PAGE TWO OLD BUSINESS PARK BUILDING SECURITY Bonnie explained Joanne Baker, Public Works Secretary, has sent letters to individuals that have keys out and are no longer employed by the City & before any seasonal employee receives their last paycheck the key has to be returned. Motion by Evans, second by Peterson to require a deposit when a key is issued. All ayes, motion carried. NEW BUSINESS P~COMMENDATIQNS REGARDING THE SECURITY SYSTEM Police Captain Len Olson explained the security system, which would include motion detectors throughout the building & a VARDA unit, which is transmitted directly to a police car when the alarm is tripped. Ruettim~ made a recommendation be made to the City Council, second by Foss. KE$CHEDId'LING OF FIREWORKS Ruettirnann suggested the winter skating party or all city picnic. A recommendation was made to have the fireworks at the Old Time Skating Party which is held in January. Ruettimann recommended a meeting between the Boosters, Lions and the Park Board to hold the fireworks in January. The Interim Director will contact the company to see what will be the last possible date for the display. R~(~OMMENDATION REGARDING (~rTYW~E INVOLVEMENT IN FUTURE JAMBOREE CELEBRATIONS The Interim Director explained the pros in having more community involvement with the Jamboree. Petkoff will talk to Roger Gillespie, Lions President. P~COMMENDATION R]EGARDING SOFTBALL TOURNAMENTS The Interim Director recommended not to allow the usage of City fields for non-resident organizations & suggested charging a fee. OTHER NEW BUSINESS An inquiry was made by Evans regarding recognition for community parks for development. REPORTS ,][N'rERIM RECREATION DIRECTOR A handout was given to the Commission Members showing the attendance for the different activities by each group through the Recreation Department. PAGE THREE PUBLIC WORKS DIRECTOR No report at this time. COMMISSION MEMBERS No report at this time. ADJOURNMENT Motion to adjourn by Evans, second by Peterson. 7:30 p.m. All ayes, motion carried. Meeting adjourned at Bonnie Morinville, Park and Recreation Commission Secretary