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January 22, 1996 Regular
Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Meg Jones Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges January 19, 1996 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, January 22, 1996, 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) CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (In advance of the Regular meeting, 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.) 1. CALL TO ORDER AND ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum, or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Adopt Minutes of the Regular City Council Meeting of January 8, 1996 MOTION: Move to adopt the minutes of the Regular City Council Meeting of January 8, 1996, as presented in writing, and such reading be dispensed with. 2) Set Date for Board of Review Meeting MOTION: Move to set the date for the Local Board of Review Meeting for Monday, April 15, 1996, at 7:00 p.m. Which will be Held in the Council Chambers. 3) Authorize Staff to Seek Bids for the 1996-1997 Dutch Elm Diseased Tree Removal Program MOTION: Move to Authorize Staff to Seek Bids for the 1996-1997 Dutch Elm Diseased Tree Removal Program. 4) Authorize Staff to Seek Sealed Bids for 1996 Miscellaneous Concrete Replacement and Installation Project MOTION: Move to Authorize Staff to Seek Sealed Bids for 1996 Miscellaneous Concrete Replacement and Installation Project. Clhe City of Co[umbia '-t{eiqlits does not discriminate on the b~i~' of disabi[ity in emp[oyment or the provision of services '£qua[ Opportunity 'Emp[oyer CITY COUNCIL AGENDA FOR MEETING OF JANUARY 22, 1996 PAGE 2 5) Approve Conditional Use Permit, BW-3, Inc., Case #9601-03, 4811 Central Avenue MOTION: Move to Approve the Conditional Use Permit for the Operation of the Proposed BW-3 Restaurant at 4811 Central Avenue, Provided Some Type of Barrier/Screening be Installed Around the Proposed Exterior Patio with Access Only From the Interior, that no Audio be Available to the Outside Area, and the Hours of Operation of the Outdoor Area be Limited to 10:00 P.M. 6) Approve Conditional Use Permit, Linder Greenhouses, Case #9601-04, 4300 Central Avenue MOTION: Move to Approve the Conditional Use Permit to Allow the Operation of a Temporary Greenhouse and Retail Sales in the Easterly Parking Area of 4300 Central Avenue Provided a $500 Deposit is Submitted to the License/Permit Clerk Prior to Installation of the Structure on the Site. 7) Approve Conditional Use Permit, White Rental, Case #9601-05, 3901 Central Avenue MOTION: Move to Approve the Conditional Use Permit for White Rental at 3901 Central Avenue to Allow the Operation of a Truck/Trailer Rental Business, Provided no More Than Twelve Vehicles are Stored on the Site at one Time. 8) Approve Variance, Bruce & Vicki Fischbach, Case #9601-06, 4212 Washington Street MOTION: Move to Approve the Variance Due to This Unique Situation and Based upon the Previous Existence of an Approved Building Permit Allowing Creation of the Unit and Prior Variance Approval, Provided the Second Floor Unit at 4212 Washington Street is Rented and Occupied Within Six Months from the Final Approval Date. 9) Approve Variance, Jeff Winter, Case #9601-07, 3927 Central Avenue MOTION: Move to Approve the Variance of Thirty (30) Square Feet to Allow Total Wall Signage of 130 Square Feet on the Building Located at 3927 Central Avenue Due to the Distance That the Building is Set Back from the Front Property Line. 10) Approve Joint Powers Agreement with Anoka County for Assessment Services MOTION: Move to Approve the Joint Powers Agreement with Anoka County for Assessment Services, Effective January 16, 1996-January 15, 2002, and to Authorize the Mayor and City Manager to Execute the Agreement. 11) Action on Refund of Clean-Up Deposit, John Rogers, 4300 Central MOTION: Move to Extend the Date for Inspection of the Lot to Determine That Sufficient Removal of all Tree Debris has been Completed Until April 30, 1996. Failure to Remove Debris by That Date Will Result in the $200 Clean-up Deposit Being Retained by the City. 12) Application Recommendation for Secondhand Merchant License MOTION: Move to Approve the Application of Heidi Lou Westman for a Secondhand Merchant Six Month Provisionary License at 4110 Central Avenue, Suite 206, Subject to the City Manager and Police Chief Providing a Report on the Status of the License and Criminal History Search at 90 Days and 190 Days. 13) Order Approving Proposed Cable Rate Increases MOTION: Move to waive the reading of the Order, there being ample copies available to the public. MOTION: Move to Adopt the Order Approving the Proposed Rate Increase Submitted by Meredith Cable Company, Effective January 1, 1996. 14) Establish City Council Work Session Dates MOTION: Move to Establish February 5, 1996 at 8 P.M. and February 20, 1996, at 7 P.M. as City Council Work Session Dates for February, 1996. 15) Approve 1996 Dues for the North Metro Mayors Association RECOMMENDED MOTION: Move to Approve the 1996 Dues for the North Metro Mayors Association in the Amount of $10,672.00, With Funds to Come From 101-41110-4330. CITY COUNCIL AGENDA FOR MEETING OF JANUARY 22, 1996 PAGE 3 16) Approve Licenses MOTION: Move to Approve the 1996 License Applications as Listed Upon Payment of Proper Funds, and the rental property licenses as listed on the memorandum from Lowell DeMars dated January 16, 1996. 17) Deny Taxicab License Application for Gary Martinson MOTION: Move to Deny the Application of Gary Martinson for a License to Drive a Taxicab Within the City of Columbia Heights Based on the Recommendation of the Police Department 18) Payment of Bills MOTION: Move to Pay the Bills as Listed Out of Proper Funds. RECOGNITION~ PROCLAMATIONS~ PRESENTATIONS~ GUESTS A. Proclamation - February 1 is Tenth Anniversary of National Girls and Women in Sports Day B. Proclamation - Values First--January is Respect Values Month 6. PUBLIC HEARINGS A. Public Hearings - Close Hearings/Adopt Resolutions Regarding Rental License Revocations 1) Resolution 96-16, Resolution Approving Rental License Revocation, 1100 39th Avenue N.E. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96-16, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License Held by Steven Efterfield Regarding Rental Property at 1100 39th Avenue N.E. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Steven Efterfield Regarding Rental Property at 1100 39th Avenue NE in That the Provisions of the Housing Maintenance Code Have been Complied With. 2) Resolution 96-17, Resolution Approving Rental License Revocation, 4855-57 5th Street N.E. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96-17, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License Held by Gerald McGuire/Estate of Dorothy McGuire Regarding Rental Property at 4855-57 5th Street N.E. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Gerald McGuire/Estate of Dorothy McGuire Regarding Rental Property at 4855-57 5th Street NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 3) Closing Hearing Regarding Rental License at 627-29 N.E. 51st Avenue, Leonard Thayer RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Leonard Thayer Regarding Rental Property at 627-29 51st Avenue in That the Provisions of the Housing Maintenance Code Have Been Complied With. 4) Closing Hearing Regarding Rental License at 4017 N.E. 6th Street, Francis Job RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Francis E. Job Regarding Rental Property at 4017 N.E. 6th Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. 5) Closing Hearing Regarding Rental License at 4059 Jefferson Street, Thomas R. Kemnitz RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Thomas R. Kemnitz Regarding Rental Property at 4059 Jefferson Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. CITY COUNCIL AGENDA FOR MEETING OF JANUARY 22, 1996 PAGE 4 Public Hearing- 1996 Community Development Block Grant Program 1) RECOMMENDED MOTION: Move to Approve the 1996 Community Development Block Grant (CDBG) Program (as submitted on the City Council Letter) for the City of Columbia Heights, with the HRA Executive Director and Chair Authorized to Prepare and Submit the Formal Application for Such Funds. 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1) Resolutions 96-18 & 19, Resolutions Directing the City Engineer to Proceed with the Submittal of a Variance Request to the Commissioner of Transportation RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96-18, Being a Resolution Directing the City Engineer to Proceed with the Submittal of a Variance Request to the Commissioner of Transportation for 39th Avenue N.E. from Station 12+68.27 to 13+31.33. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96-19, Being a Resolution Directing the City Engineer to Proceed with the Submittal of a Variance Request to the Commissioner of Transportation for Fillmore Street N.E. from 46th Avenue to 47th Avenue at Station 35+75 to 37+75 and Station 38+07.87 to 39+66.43. 2) Resolution 96-20, Resolution Approving Joint Powers Agreement with St. Anthony Traffic Signal at 39th Avenue and Stinson Blvd. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96-20, Being a Resolution Approving a Joint Powers Agreement Between the Cities of Columbia Heights and St. Anthony for the Installation and Maintenance of a Traffic Signal at 39th Avenue and Stinson Boulevard; and Authorize the Mayor and City Manager to Execute The Same. B. Bid Considerations 1) Authorization to Purchase Pickup to Replace Unit #305 RECOMMENDED MOTION: Move to Authorize the Purchase of a 1996 Ford F250 3/4 Ton Pickup From the Hennepin County Contract #3579C5-232 for $14,600 plus Tax, Funding from Fund 434-49950-5150; and Furthermore, to Authorize the Mayor and City Manager to Enter Into a Contract for the Same. 2) Authorization to Enter into a Purchase Agreement for an Oil Distributor RECOMMENDED MOTION: Move to Authorize the Public Works Director or his Designee to Enter into a Purchase Agreement for a Used Oil Distributor Should an Acceptable Distributor be Located. This Authority is Limited to a Purchase of $45,000 or Less, and Expires on April 30, 1996. Furthermore, Final Purchase of the Equipment is Contingent on Approval of the City Council. 3) Approval of Road Salt Purchase RECOMMENDED MOTION: Move to Approve the Purchase of up to 250 Tons of Road Salt from Cargill, Inc. Through State Contract #405492 for a Total of $7,135.00 Including Tax, Funding From Funds 101-43121-2161 and 101-43121-4395. 4) Approve Change Order No. 1 to Contract With Park Construction, Project #9312 RECOMMENDED MOTION: Move to Approve Change Order No. 1 to the Contract with Park Construction for Project #9312, LaBelle Water Quality Improvements; and Furthermore, to Authorize the Mayor and City Manager to Execute Change Order No. 1. 5) Approve Purchase and Installation of Telecommunications Hardware for the Library RECOMMENDED MOTION: Move to Purchase and Install Telecommunications Hardware Necessary to Implement a Frame Relay System from the Anoka County Library Based on Available State and County Contract Prices; and Furthermore, to Authorize the Mayor and City Manager to Enter into an Agreement for the Same. RECOMMENDED MOTION: Move to Authorize Sale of the Library's 16-Port Multiplexor to the Scott/Carver Library. CITY COUNCIL AGENDA FOR MEETING OF JANUARY 22, 1996 PAGE 5 6) Approve Purchase of Replacement Light Bars RECOMMENDED MOTION: Move to Authorize the Purchase of Three Federal "Streethawk" Light Bars From Uniforms Unlimited of Minneapolis for a Total Price of $2,835 With Funds Budgeted in the Police Department Capital Equipment Replacement Fund 431-42100-5180 and Payment of Sales Tax From Account 101-42100-4395, and That the Mayor and City Manager are Authorized to Issue Payment for the Purchase. C. Other Business 1) Conditional Use Permit for First Community Credit Union, Case 9601-01, for Car Sales Display RECOMMENDED MOTION: Move to Table Reconsideration of a Conditional Use Permit Request for First Community Credit Union, and Refer the Same to the January 29, 1996, Work Session for Further Discussion. 2) Authorize Development Agreement Between the City and Habitat for Humanity Regarding the Transfer of Certain Lots Within the City and Sheffield Neighborhood RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Enter into a Preliminary Development Agreement with Habitat for Humanity on the Transfer of Certain Lots in the City of Columbia Heights and the Sheffield Neighborhood. 3) Televising of Open Mike Policy RECOMMENDED MOTION: Move to Re-Affirm the Current Policy of Non-Televising Open Mike Prior to the Regular City Council Agenda. ALTERNATE MOTION: Move to Amend the Current Rules of Decorum to Allow Televising of Open Mike at the End of the Agenda. 4) Approve Medtronic, Inc. Building Plan Review and Permit Inspection Agreement RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Enter into a Building Plan Review and Inspection Services Agreement Associated With Code Advocate in Conjunction with Medtronic, Inc. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of the January 9, 1996, Planning & Zoning Commission meeting B. Other Communications 10. ADJOURNMENT Pat Hentges, City Manager COLUMBIA HEIGHTS BOARD OF TRUSTEES/VOLUNTEER RELIEF ASSOCIATION 1. Call to Order 2. Approval of Minutes - November 27, 1995 3. Accept Resignation - Lance R. Montague, Volunteer Fire Department, Effective December 28, 1995 RECOMMENDED MOTION: Moved to Accept the Resignation of Lance R. Montague, Volunteer Fire Department, Effective December 28, 1995. No Relief Association Benefits have been accrued. 4. Accept Mark J. Fisher and Samuel J. Hinrichs as Members of the Association Effective January 2, 1996 RECOMMENDED MOTION: Moved to have the Fire Department Volunteer Relief Association Board of Trustees Take Official Action to Accept Mark J. Fisher and Samuel J. Hinrichs as members of the Association Effective January 2, 1996. 5. Accept Resignation -Retirement of Robert A. Davidson from the Columbia Heights Fire Department and to Schedule Pension Benefits RECOMMENDED MOTION: Moved to Accept the Resignation, Due to Retirement, From the Columbia Heights Fire Department Effective February 15, 1996, and Furthermore, to Schedule Pension Payments Through the Volunteer Division Relief Association. Per Article VI, Schedule A, the Amount of His Monthly Pension will be $367.20. 6. Adjournment 96/4 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 8, 1996 SWEARING IN OF NEWLY-ELECTED/RE-ELECTED MEMBERS OF THE COUNCIL The City Manager administered the oath of office to Mayor Sturdevant and Councilmembers Peterson, Ruettimann and Jones. CITIZENS FORUM TOADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There was no one present for this segment of the Council Meeting. CALL TO ORDER Mayor Sturdevant called the Council Meeting to order at 7:04 p.m. Jones, Jolly, Ruettimann, Peterson, Sturdevant- present 3. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions nor deletions to the meeting agenda. CONSENT AGENDA Motion by Ruettimann, second by Peterson to approve the following items on the Consent Agenda: ~inutes for Approval The Council adopted the minutes of the Regular Council Meeting of December 18, 1995 as presented and there were no corrections. Establish Hearing Dates for License Revocation/Suspension for ~roperty Located at 5121. 5131. and 5141 University Avenue and 4050 Fourth Street (Lynde Investments~ The Council established a hearing date of February 12, 1996 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the above named property owners regarding their rental property. REGULAR COUNCIL MEETING J~J~UARY 8, 1996 PAGE 2 Establish Hearing Dates for License Revocation/Suspension for Property Located at 4059 Jefferson Street (Thomas R. Ke~nitz), 4855-5? Fifth Street ~Estate of Dorothy McGuire). 1100 39th Avenue (Steven Efterfield). 627-29 5~st Avenue ~Leonard Thayer) and 4017 Sixth Street {Francis Job~ The Council established a hearing date of January22, 1996 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the above-named property owners regarding their rental property. Establish Public Hearing Date for 1996 Community Development Block Grant Program The Council established January 22, 1996 at approximately 7:15 p.m. as the date and time for the Public Hearing in regard to the City application for FY 1996 CDBG Program. Authorize Final Payment for Tear-Off and Re-Roof P~mp Station #2. Project #9526 The Council accepted the work for Municipal Project #9526 tear-off and re-roof of pump station #2 and authorized final payment of $5,950.00 to Milton Johnson Roofing of Minneapolis, Minnesota. Authorization to Seek Bids for Road Materials The Council authorized staff to seek bids for the purchase of road materials. Authorization to Seek Bids and Purchase a Plotter The Council authorized staff to seek bids to purchase a color Inkjet plotter. Authorization to Seek Bids for 1996 Street and Parking Lano The Council authorized staff to seek bids for the 1996 street and parking lane striping contract. License Applications The Council approved the 1996 license applications as listed upon payment of proper fees and the rental property licenses as listed on the memorandum from Lowell DeMars dated January 8, 1996. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Roll call on Consent Agenda: Ail ayes REGULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 3 RECOGNITIONS. PROCLAMATIONS. PRESENTATIONS. GUESTS a. Proclamation - Anoka County Traveler Mayor Sturdevant read the proclamation welcoming the Anoka County Traveler Service to the Columbia Heights area. He recognized the efforts of Commissioner Kordiakand City staff who collaborated on this project. b. Introduction of New City Employees Police Chief Johnson introduced Ramona Strom who is employed as a Secretary II in the Police Department. Randy Quale, Recreation Director, introduced Monica Nybeck who was hired for the position of Recreation Program Coordinator. PUBLIC HEARING~ a. Resolution No. 96-01 Being a Resolution Creating an Economic Development Authority lEDA% in the City of Columbia Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-01 BEING A RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota ("City") as follows: Section 1. ~ackground: Findings 1.01. The City is authorized by Minnesota Statutes, Chapter 469 (Act) to establish an Economic Development Authority (EDA) to coordinate and administer economic development and redevelopment plans and programs of the City. 1.02. It is found and determined by the City Council that the encouragement and financial support of economic development and redevelopment in the City is vital to the orderly development and financing of the City and in the best interests of the health, safety, prosperity and general welfare of the citizens of the City. REGD/2%R COUNCL MEETING J;~UARY 8, 1996 PAGE 4 1.03 It is further found and determined that the economic development and redevelopment of the City can best be accomplished by the establishment of an EDA as authorized by the Act. 1.04 The City Council has in accordance with the Act provided public notice and conducted a public hearing on January 8, 1996, concerning the establishment of an EDA at which all persons wishing to be heard expressed their views. Section 2. Enabling Authority 2.01 The Columbia Heights Economic Development Authority (CHEDA) is hereby established. 2.02 The board of commissioners of the CHEDA shall consist of seven members, at least two but no more than five, who must be members of the City Council. The members shall beappointedby the Mayor with approval of the City Council. 2.03 Commissioners shall be appointed for initial ter~s of one, two, three, four and five years respectively, and two members for six years. Thereafter all commissioners shall be appointed for six year terms. Notwithstanding the above provisions, the term of any commissioner who is a member of the City Council shall coincide with that member's term of office as a City Councilmember. 2.04 A vacancy is created in the membership of the CHEDA when a City Councilmember of the Board of Commissioners ends Council membership. A vacancy for this or any other reason must be filled for a new term or the balance of the expired term, as the case may be, in the manner in which the original appointment was made. 2.05 The following limits apply to the CHEDA and its operation: (a) The sale of bonds or other obligations of the CHEDA must be approved by the City Council. (b) The CHEDA must follow the budget process for City departments in accordance with Citypolicies, ordinances, and resolutions and the City charter. (c) Development and redevelopment actions of the CHEDA must be in conformance with the City comprehensive plan and official controls implementing the comprehensive plan. REGULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 5 (d) The CHEDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. (e) The CHEDA shall not hire permanent or temporary employees without prior approval by the City Council. (f) The administrative structure and management practices and policies of the CHEDA must be approved by the City Council. 2.04 As provided in the Act it is the intention of the City Council that nothing in this resolution nor any activities of the CHEDA are to be construed to impair the obligations oft he City or the Housing and Redevelopment Authorit~ in and for the City of Columbia Heights (HRA) under any oft heir contracts Or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City or the HRA. Section 3. Implementation 3.01 The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the Act to give full effect to this resolution. 3.02 The Mayor, the Manager and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this resolution. 3.03 Nothing in this resolution is intended to prevent the City from modifying this enabling resolution to impose new or different limitations on the CHEDA as authorized by the ACT. Approved by the City Council of the City of Col,mhia Heights this 8th day of January, 1996. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING J~.~UARY 8, 1996 PAGE 6 2. Resolution No.-96-02 Being a Resolution Relating to the Columbia Heights Economic Development Authority; Transferring Certain Projects and Programs to the Agency; Approving Purchase of Services A~reement with that Agency: and Approving Certain Organizationai Matters Motion byRuettimann, second byPeterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-02 BEING A RESOLUTION RELATING TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY; TRANSFERRING CERTAIN PROJECTS AND PROGRAMS TO THAT AGENCY; APPROVING PURCHASE OF SERVICES AGREEMENT WITH THAT AGENCY AND APPROVING CERTAIN ORGANIZATIONAL MATTERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA (CITY) AS FOLLOWS: 1. The City Council has duly adopted Resolution No. 96-02 (enabling resolution) providing for the creation of the Columbia Heights Economic Development Authority pursuant to Minnesota Statutes, Chapter 460 (Act). 2. By the enabling resolution, the EDA is authorized to exercise all of the powers of a Housing and Redevelopment Authority under the Act. There exists in the City a Housing and Redevelopment Authority (HRA) created pursuant to the Act. The Act authorizes the City Council to transfer all projects and the programs of the HRA to the EDA. 3. Pursuant to Section 469.094, Subdivision 2, of the Act, the control, authority and operation of all "projects", as defined in the Act, and all other programs and projects of the HRAare transferred to ~e EDA. 4. The transfer described here in is conditioned upon acceptance by the EDA of such transfer and a covenant and pledge by the EDA that the EDA is obligated to perform all agreements, pledges, covenants and undertakings heretofore entered into by the HRA. 5. The City Manager is authorized and directed to transmit a certified copy of this resolution to the Executive Director of the EDA and to other governmental officers as appropriate. REGULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 7 6. The Council approves the Purchase of Services Agreement between the City and the EDA in substantially the form on file in City Hall, and the Mayor and City Manager are authorized and directed to execute such agreement on behalf of the City. 7. Pursuant to Section 469.100, subd. 2 of the Act, the Council directs the EDA to submit the EDA's budget for each fiscal year to the City at the time designated by the City Manager but no later than September 1st of each year. 8. Pursuant to Section 469.100, sub(]. 4 of the Act, the Council directs the EDA to submit the EDA's written annual report to the City on or before the date of the EDA's annual meeting as described in the EDA by-laws. The Council directs the City Manager to specify the form of the report. 9. The Mayor, City Manager and all other officers and employees of the City are authorized and directed to take whatever action and to execute and deliver such documents that are necessary to give effect to this Resolution. Passed this 8th day of January, 1996. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3. Resolution No. 96-03 Being a Resolution Approving Appointment of Commissioners of the Col,~mhia Meiahts Economic Development Authority Motion by Jolly, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-03 BEING A RESOLUTION APPROVING APPOINTMENT OF COMMISSIONERS OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY I~:GULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 8 BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, as follows: 1. The City has, by the adoption of Resolution No. 96-03 (enabling resolution), duly created an economic development authority (EDA) for the City of Columbia Heights pursuant to Minnesota Statutes, Chapter 469 (Act). 2. The Enabling Resolution provides that the board of commissioners of the EDA consists of seven members, at least two, but not more than five, who must be members of the City Council. 3. The Mayor has this day appointed the following commissioners of the EDA for the initial terms as indicated: Sebe Heintz Donald J. Murzyn, Jr. Richard Dustin Pat Jindra Meg Jones Gary Peterson Bob Ruettimann Term ending January 8, 1997 Term ending January 8, 1998 Term ending January 8, 1999 Term ending January 8, 2000 Term ending January 8, 2001 Term ending January 8, 2002 Term ending January 8, 2002 Notwithstanding the above designation of terms, the term of Commissioners Peterson, Ruettimann and Jones, who are members of the City Council, shall coincide with their respective terms of office as a City Councilmember. 4. The Council hereby approves appointment of the above named persons as commissioners of the EDA for the terms as indicated herein. Passed this 8th day of January, 1996. Offered by~ Seconded by: Roll call: Jolly Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 4. Resolution No. 96-04 Being a Resolution Transferring HRA Employees to the City of Columbia Heights Econo_m_~_c Development REGULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 9 Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-04 BEING A RESOLUTION TRANSFERRING HRA EMPLOYEES TO CITY OF COLUMBIA HEIGHTS WITH APPLICABLE BENEFITS WHEREAS, the City Council of Columbia Heights intends to establish an Economic Development Authority (EDA), pursuant to Minnesota Statutes, Chapter 469.091; and WHEREAS, the Economic Development Authority (EDA), will coordinate and administer economic development, redevelopment, and housing activities of the City; and WHEREAS, it is proposed that the existing activity and programs of the Columbia Heights Housing and Redevelopment Authority will be consolidated into the newly formed Economic Development Authority; and WHEREAS, the Columbia Heights Housing and Redevelopment Authority and the City Council have agreed to transfer to city employment all of the existing employees of the Columbia Heights Housing and Redevelopment Authority; and WHEREAS, it is the intent of the City Council to organize a Community Development Department to administer housing, redevelopment, economic development, business licensing, building inspections, planning and zoning activities for the City; and WHEREAS, it is proposed that a Community Development Director be appointed to supervise the department activities including the Housing Coordinator, Zoning/Grant Coordinator, Secretary II Permits/Licenses, Secretary II Community Development and Occupancy Specialist/Family Self-Sufficiency Coordinator. NOW, THEREFORE, BE IT RESOLVED: 1. That the Columbia Heights Housing and Redevelopment Authority employees be transferred to the City of Columbia Heights under the following job classifications: (vacant) Housing and Redevelopment Authority Executive Director be reclassified as Community Development Director, 1996 salary range of $3,892-$4,926 (represented by PMA Union). REGULAR COUNCIL MEETING J~.d~UARY 8, 1996 PAGE 10 (vacant) Housing Coordinator be reclassified as Housing Coordinator, 1996 salary range of $2f193-$2,492). Rebecca Townsley, HRA Secretary be re-classified as Secretary II-CommunityDevelopment, 1996 salary range of $10.82-$13.52 (represented by AFSCME Union). Jennifer Stoopes-Mokamba, Occupancy Specialist/Family Self Sufficiency Coordinator, be classified as Occupany Specialist/Family Self Sufficiency Coordinator, 1996 salary range of $10.35-$12.94 (represented by AFSCME Union). 2. Effective February 3, 1996, the following positions and employees shall become City employees, and accrual rates, eligibility dates for specific benefits shall be pursuant to the City personnel policy manual and/or labor agreements (as applicable) and that the existing vacation and sick leave accrual amounts together with years of service shall be transferable to City of Columbia Heights' employment where applicable. Pension benefits shall be subjectd 'to Public Employees Retirement Association determination of eligibility, otherwise the existing retirement benefit shall remain in force. Passed this 8th day of January, 1996. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. Resolution No. 95-81 Beina a Resolution Regarding the Revocation/Suspension of Rentai License Against Larry Kahlcw for Rental Property at 3727 Reservoir Boulevard The violations on this property have been brought into compliance with the City Code and all of the fees have been paid. Motion by Peterson, second by Sturdevant to close the public hearing regarding the revocation or suspension of the rental license held by Larry Kahlow for rental property at 3727 Reservoir Boulevard in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes REGULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 11 c. Resolution No.' 96-05 Being a Resolution Approving Revocation of Rental License held bv James N. Thermos for Rental Property at 840-42 50th Avenue The Enforcement Officer advised a check has been received from Mr. Thermos with no supporting paperwork. The building has not been inspected at this point in time. Motion by Jolly, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESQLUTION NO. 96-05 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY JAMES N. THERMOS (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 840-42 50TH AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALT. ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on September 1, 1995, Ix)well DeMars, Enforcement Officer, for the City of Columbia Heights, mailed re-licensing applications to Mr. James N. Thermos, owner of the real property and incidental buildings located there on at 840-42 50th Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by James N. Thermos. 2. That on two other occasions, re-licensing applications were mailed to Mr. Thermos with no response. REGULAR COUNCIL MEETING J;tNUARY 8, 1996 PAGE 12 3. That all parties, including the license holder and any occupants or tenants have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1o That the building located at 840-42 50th Avenue is in violation of the provisions of the Columbia Heights City Code. 2o That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. That rental license belonging to the license holder described herein and identified by license number 20030 is hereby revoked/suspended; 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license held by license holder. Passed this 8th day of January, 1996 Offered by: Seconded by: Roll call: Jolly Sturdevant Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary d. Resolution No. 96-06 Beina a Resolution Approving Revocation of a Rental Property License Held by Jeff Benzinge? for Property LQ~ated at 3928 Polk Street REGULAR COUNCILMEETING JANUARY 8, 1996 PAGE 13 Motion by Jolly, seCond by Jones to waive the reading of the resolution therebeing ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-06 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY JEFF BENZINGER (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3928 POLK STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on September 6, 1995, and November 8, 1995, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed re-inspection fee notices to Mr. Jeff Benzinger, owner of the real property and incidental buildings located there on at 3928 Polk Street, within the City of Columbia Heights, Minnesota, and owned, according tot he application for rental license on file for the above-described real property byJeff Benzinger. 2. That on one other occasion, re-inspection fee notices were mailed to Mr. Benzinger with no response. 3. That all parties, including ~he license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 3928 Polk Street is in violation of the provisions ofthe Columbia Heights City Code. REGULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 14 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number F-0929-95 is hereby revoked/suspended; 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 8th day of January, 1996. Offered by: Seconded by: Roll call: Jolly Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary e. Resolutions Nos. 96-07. 96-08. 96-09. 96-10. 96-11 96-12. 96-15 a~d 96-14 These resolutions address approving revocation/suspension of rental licenses for properties located at 4120 Fourth Street, 4433 University Avenue, 4425 University Avenue, 4441 University Avenue, 4707 University Avenue, 4715 University Avenue, 4100 Fourth Street and 4060 Fourth Street. They are all owned by Lynde Investments. The City Manager reviewed the violations for each address. He also reviewed the chronology of inspections of each property noting thatthe original inspections occurred during August or September of 1995. REGULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 15 The Enforcement Officer addressed some specific violations and noted that numerous complaints have been received from tenants of these buildings. Four other buildings owned by Lynde Investments are scheduled for public hearing on February 12th relative to code violations. Legal counsel for the property owners requested all of these revocation issues be heard at the February 12th Council Meeting. He noted he was only recently retained to represent the owners and required additional time for research and preparation. He has specific questions regardingthe validity and legality of the City's Housing'Maintenance Code as well as the possibility of "grandfathering in" some of the present conditions which have been cited in the violation notices. The City Attorney advised the Council that the Housing Maintenance Code has met all challenges made to it and was legally acceptable in its present form. The matters mentioned relative to being "grandfathered" were issues of health and safety thereby making them not germane to this particular consideration. Members of the Council expressed their concerns regarding safety and health matters for the tenants of these buildings. Discussion continued regarding actually completingthe repairs needed to come into compliance. Mayor Sturdevant inquired if the owners would be willing to have all twelve buildings in question inspected during the week of February 5th. The owner who was present responded he was willing to have these inspections done during that week. Motion by. Ruettimann, second by Peterson to continue the public hearings and resolutions regarding revocation considerations until February 12, 1996 for the following properties owned by Lynde Investments: 4120 4th Street, 4433 University Avenue, 4425 University Avenue, 4441 University Avenue, 4707 University Avenue, 4715 University Avenue, 4100 4th Street, 4060 4th Street, 5121 University Avenue, 5131 University Avenue 5141 University and 4050 4th Street in the City of Columbia Heights. Roll call: Ruettimann, Peterson, Sturdevant - aye Jolly - nay Jones, RF. GULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 16 f. Second Reading of Ordinance No. 1313 Being an Ordinance Amending Ordinance No. 853 Pertaining to Zonin~ Amendmen~ Motion byRuettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1319 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9.116(3) of Ordinance No. 853, which currently reads as follows, to wit: 9.113(3) (a) (b) (c) (d) City Code of 1977, Permitted Accessory Uses Within the "RB" Business District the following uses shall be permitted accessory uses. Decorative landscape features Off-street parking and loading Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal use° Signs as regulated by and to the extent by Section 9.117A. (e) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. (f) Light warehousing and laboratories incidental to processing of small medical devices provided that the aggregate of such area of warehousing, laboratories, and processing incidental or necessary to conduct a permitted use does not exceed fifty percent (50%) of the floor area devoted to the principal use. Shall hereafter be amended to read as follows: REGULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 17 9.113(3) Permitted Accessory_ Uses Within the "RB" Business District the following uses shall be permitted accessory uses. (a) Decorative landscape features (b) Off-street parking and loading (c) Any incidental repair or processing necessary to conduct a permitted principal use providedthe area does not exceed thirty (30) percent of the floor area devoted to the principal use. (d) Signs as regulated by and to the extent permitted by Section 9.117A. (e) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. (f) Light warehousing and laboratories incidental to processing of small medical devices provided that the aggregate of such area of warehousing, laboratories, and processing incidental or necessary to conduct a permitted use does not exceed the total floor area devoted to the principal use. First Reading: Second Reading: Date of Passage: December 11, 1995 January 8, 1996 January 8, 1996 Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Se ITEMS FOR CONSIDERATION a. Qther Resolutions/Ordinances REGULAR COUNCIL MEETING JANUARY $, 1996 PAGE 18 1o Resolution No. 96-15 Being a Resolution Appointing City Manager Effective January_ 22. 1996 Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-15 RESOLUTION APPOINTING ACTING CITY MANAGER EFFECTIVE JANUARY 22, 1996 Patrick Hentges has resigned as City Manager; and The City Council'desires an orderly transition; and It is necessary to appoint an Acting City Manager to fulfill the responsibilities of the Columbia Heights City Charter. NOW, THEREFORE, BE IT RESOLVED: 1. That Mark Winson be appointed to the position of Acting City Manager effective January 22, 1996 'to fulfill the responsibilities set forth within the City of Columbia Heights' charter until such time a permanent placement position is appointed. 2. That in exchange for additional responsibilities during this time, Mr. Winson's compensation shall be increased by $500 per month and an additional $200 per month for vehicle and mileage expenses. Compensation shall remain in effect until such time a permanent City Manager is appointed bythe City Council, at which time Mr. Winson may resume his permanent responsibilities as Public Works Director/City Engineer. Passed this 8th day of January, 1996. Offered by: Seconded by: Roll call: Peterson Sturdevant All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 19 b. Bid Considerations 1. Authorization to Purchase Vehicles Motion by Sturdevant, second by Ruettimann to authorize the purchase of three 1996 Ford Crown Victoria police vehicles, one service manual, one parts manual, on Hennepin County Contract #3532A-232 at a total cost of $56,776.00 from Superior Ford, Inc. with $51,000 from Fund 431-42100-5150 and $5,776 from Undesignated Reserve of Fund $431 and that the Mayor and City Manager are authorized to enter into a contract for same. Roll call: All ayes Councilmember Ruettimann requested that the Councilbeadvised as to the future of the three vehicles which are being replaced. 2. Final Payment for MSC Storage Building. Project ~9517 Motion by Jolly, second by Sturdevant to accept the work for Municipal Service Center storage building, Municipal Project #9517 and to authorize final payment of $88,111.00 to Ebert Construction of Corcoran, Minnesota. Roll call: All ayes c. O~her Business 1. City Council Board/Commission/Association Assignments Motion by Jolly, second by Jones to approve the attached list of board/commission/association assignments for 1996. Roll call: All ayes 2. Application Recommendation for Secondhand Merchant The representative of the applicant requested this matter be tabled for two weeks. The applicant explained what her inventory will be for this store. Motion by Jolly, second by Paterson to table consideration of the license application of Heidi Westman for a secondhand merchant store at 4110 Central Avenue until February 22, 1996. Roll call: All ayes 0 ADMINISTRATIVE REPORTS a. Report of the City Manager Pd~GULAR COUNCIL MEETING JANUARY 8, 1996 PAGE 20 The City Manager's report was presented in written form and the following item was discussed: Traveler Status: The Traveler kick-off is scheduled for Wednesday, January 10, 1996 at Parkview Villa. Members of the Council were invited to attend. bo Report of the City Attorney The City Attorney had nothing to report at this time. 10. C~ENERAL COUNCIL COMMUNICATIONS Minutes from the following meetings were included in the agenda packet. No Council action was required. Charter Commission Meeting - October 19, 1995 Library Board Meeting - December 5, 1995 Park & Recreation Commission Meeting - December 14, 1995 HRA Board Meeting - December 19, 1995 11. Motion by Peterson, second by Jolly to adjourn the meeting at 9:01 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of : January 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: yJ CITY MANAGER'S ~PPROVAL ITEM: SET DATE FOR BOARD OF REVIEW BY: PATRICK HENTGES BY.~ Anoka County has requested that we select the date for the required annual Board of Review after April 1, 1996. The date tentatively set is Monday. April 15, 1996, at 7:00 p.m. Staff recommends the Council adopt the following motion. RECOMMENDED MOTION: Move to set the date for the Local Board of Review meeting for Monday, April 15, 1996, at 7:00 pm which will be held in the Council Chambers. bdrev.let COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/22/96 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER ITEM: AUTHORIZATION TO SEEK BIDS BY: M. Winson ~4/,t~ B NO. FOR DUTCH ELM DISEASED TREE 5) DATE: 1/8/96 DATE: iflg~a](a° Staff requests permission to seek bids for the 1996-1997 Dutch Elm Diseased Tree Removal Program. This is an ongoing program to remove diseased or hazardous trees. To provide continuity, the contract covers a two-year period. Funds for tree removal come from the General Fund for City-owned trees and 50% of privately owned trees. Property owners pay for the other 50%. RECOMMENDED MOTION: Move to authorize staffto seek bids for the 1996-1997 Dutch Elm Diseased Tree Removal Program. MAW:jb 96-032 COUNCIL ACTION: CITY COUNCIL LE~FER Meeting of: 1/22/96 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER ITEM: AUTHORIZATION TO SEEK BIDS BY: M. Winson ~ NO. FOR1996MISCELLANEOUScoNCRETE ~. ]~.. ~.~) DATE: 1/8/96 The City has a program each year to replace miscellaneous concrete structures such as curb and gutter, sidewalk and street. The concrete replacement is either budgeted for, required as part of a project such as curb and gutter replacement in sealcoat areas, or as repairs of damaged concrete caused by watermain breaks. RECOMMENDED MOTION: Move to authorize staff to seek sealed bids for 1996 Miscellaneous Concrete Replacement and Installation Project. MAW:jb 96-031 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: I~ CONSENT ORIGINATING DEPT.: CITY MANAGER NO:~. Planning and Zoning APPROVAL ITEM: Conditional Use Permit, BW-3,~ ~Inc'5) BY: Tins Goodroad~ ~~~l~6~ NO: #9601-03, 4811 Central Avenue_.;,, DATE: January 12, 1996 At their meeting of January 9, 1996 the Planning and Zoning Commission reviewed the request of BW-3, Inc. for a Conditional Use Permit and Site Plan Approval to allow the operation of an approximate 233 seat restaurant in the existing building at 4811 Central Avenue, formerly the Ponderosa Restaurant. The proposed restaurant is described as a sports bar with a menu of lower priced entrees with a specialty in chicken wings. The restaurant originated in Ohio and have recently moved their financial headquarters to Minneapolis. This will be the first company owned restaurant, the others located in this area are franchise-owned. The proposed restaurant will have interior seating of 191 seats with a proposed 42 seats in an exterior patio area at the front of the building. The total seating capacity of 233 will require a minimum of 78 parking spaces. There are 85 parking spaces provided on the site. The design of the parking lot and lighting will remain unchanged. The kitchen area and bathroom will remain in the same location. The dining room will have some remodeling work done with a floor elevated in the middle, a bar added and other interior design work. They are also planning on installing a food pick-up window on the south end of the building. This window will only be used as a pick-up for call ahead customers. They have indicated twenty-four (24) feet of area between the parking spaces and the building for the drive-up window. The exterior seating area will consist of eight four-person tables and five two- person tables. The Planning and Zoning Commission have required that some type of screening be installed around the outdoor patio area, whether it be a tall fence or another method of screening, to prohibit the ability to distribute alcoholic beverages outside of the area. They have required that access to the outside patio be only through the interior main restaurant. Due to concerns with the noise levels eminating from the outside patio in the warmer weather days, the Planning Commission also directed Staff to consult with the Police Department to determine the allowable hours of operation for the outdoor patio. It is the recommendation of the Police Department that the patio area cease operation at 10:00 p.m. in the evening and that no audio music be supplied to the outdoor area. Signage for the restaurant will be on the west face of the building and will meet requirements of the Sign Ordinance. Once the Conditional Use Permit is approved, BW-3 will be submitting all required applications and documentation for the liquor license and building plans for the remodeling work. The Planning and Zoning Commission recommended approval of the Conditional Use Permit for the operation of the proposed BW-3 restaurant at 4811 Central Avenue provided some type of barrier/screening be installed around the exterior patio area to be approved by Staff, the access to the outdoor patio be from the interior of the restaurant, and operation of the outdoor patio close at 10:00 p.m. with no audio piped to the outdoor area. RECOMMENDED MOTION: Move to approve the Conditional Use Permit for the operation of the proposed BW-3 restaurant at 4811 Central Avenue provided some type of barrierlscreening be installed around the proposed exterior patio with access only from the interior, that no audio be available to the outside area and the hours of operation of the outdoor area be limited to 10:00 p.m. COUNCIL ACTION: ccagO196.no2 CZTY OF COLUI~XA I~ZGH?S ~pplicetion For, bzoninS Variance Yrivecy Fence Conditional Use Permit Subdivision Approval Site Fl~nipprova! O~her Application Date, December 6, 199--5 Fee, _~0/~)~ Date Paid~ leceipt Street Address of Subject PropertT, zips1 Cpntr~lAve. Columbia l{eishts~ I~ Lejal Description of Subject Property, PID 25 30 24 32 0002 Hame, bw-3, Inc. Address, 600 S. Highway 16~, Suite 1414 i. linneapolis, IEl 55426 Phone: 5q~-qq4~ i. Ovnerl Na~e, Gould Investors L.D. _ c/o Tim Bloom Address, CB Qo~mercia! Real Estate GrI -7760 France Ave So Phone, B19pn~ton. ~ 55435 # 924-4621 Special ~se Pernit and Planning Commission Approval Description of Request, Zoning: Applicable City Ordinance Number Present Zoning Present Use Restaurant Section Proposed Zoning Proposed Use Restaursn~ bison for bquest, Proposed lease for a restaurant - - die-rams, etc.) -Full set of a roto-t e fre - ~ '- ~'~hrlebsltaSur~a~btm~u~n~,sP-S'Reduc~Jd schematic oorplans, Site plan show~ng traffic fo ' call ahead,' pick-up window. _ ............... °- u-on all of the Acknovle~ meat and $i~n ........ --- -= ~-'.,-~a ~ei-hts to take penaltiesKof lav, fo~ the pu,pose o~ ~uouc~ng r. ne ~7 u. ~---~- _ = ....... ~d the lays of the Sta~e of Signature of Applicant,_ ~ . -- ' Taken Michael Schuster Associates 316 West Fourth Street Cincinnati. Oh/o '}5202 (513)241-5666 Fax (513)2'}i-0978 bw-3 Grill & Pub Building Michael Schuster Associates 316 West Fourth Street Cincinnati. Ohio 't5202 (513)251-5666 Fax (513)2~1-0978 bw-3 Grill & Pub bw-3, Inc. Summary of Site Plan Driveway Measurements Inches Feet Distance from Building to south edge of Property Line 1-1/2" 45 Less: Parking -9 less: Driveway -12 Space available for Drive-up Window drive way 24 Note: The Ponderosa site plan parking spaces are not drawn to scale. °! LI'~'Y ' CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ Planninq and Zoning APPROVAL ITEM: Conditional Use Permit, Kinder~ BY: Tina Goodroad~ B~.~~/t~{~ Greenhouses ~. A' ~) DATE: January 121~]1~96 NO: Case #9601-04, 4300 Central Avenue The Planning and Zoning Commission reviewed the request of Peter Linder of Linder Greenhouses, Inc. for a Conditional Use Permit to allow the operation of a temporary "mini-greenhouse" and retail sales from the easterly parking lot of the Central Valu Mall, 4300 Central Avenue, from April 13, 1996 through June 30, 1996. This will be the seventh year that Linder Greenhouses will operate their temporary sales in the same location. The proposed operation will be the same as 1995 with two structures. Each structure will have two exits, two cashier areas and four fire extinguishers. The six foot doors will remain open at all times during business hours. Kraus-Anderson has submitted their approval for use of the premises for this operation. The Planning and Zoning Commission unanimously recommended approval of the proposed operation provided a $500 deposit is submitted to the License/Permit Clerk prior to installation of the structures at the site. RECOMMENDED MOTION: Move to approve the Conditional Use Permit to allow the operation of a temporary greenhouse and retail sales in the easterly parking area of 430(/ Central Avenue provided a $500 deposit is submitted to the License/Permit Clerk prior to installation of the structure on the site. COUNCIL ACTION: ccag0196.no3 CITY OF COLUHBIA HEIGHTS ~pplication Pot: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Dates Case No: Fees $50.00 Receipt Nos Street Address of Subject Propertys 4300 Central Avenue N.E.-~_M~U~ ~k_ 2. Lesal Description of Subject Propertys Applicant, ! Condltlor,al Use Permit--l~ _~_~ ~ ~At~/~ C9~~ Description of Request: Zonint: Applicable City Ordinance Number Present Zoning.__ Present Use Section Proposed Zoning Proposed Use 7. Reason for Request: to allow the'operation of a temporary mini qarden 9~ter in th-- easterly portion of the parkin~ .lot from [~_?_~...~.__1'~- 30~ ~o , 1~ · ~L ~~ Ac~ovled~ment and Sl2nature: The und~rsi~ned hereby represents upon all of the ' penalties of law, for the purpose of tnducin~ 'the City of Columbia Helshts to take the action herein requested, that all statements herein are t~e and that all wo~ herein mentioned ,tll be d~-;~nce v~h~e Ordinances o~ the City o£ Columbia Heights Signature of Applicant, ~-~3~i.~.x~, '~...--~_ Dates./ Taken WHOLESALE GREENHOUO CORPORATE OFFICE 275 W. Wheelock Pkwy. St. Paul, Minn. 55117 612-488-6717 RETAIL GARDEN CENTER 270 W. Larpenteur Ave. St. Paul, Minn. 55117 612-488-1927 FAX 488-5726 Licea~/Peamit Cl~'k City of Columbia Heights 590 40th Av~ NE. Columbia Hcights, ~ 55421-2800 D~.~nb~ 13, 1995 Attachcd to this lcttcr is my applica~on for Ibc 1996 Lindcr's Flower Mart at ~hc CenWal Value Mall at 44th and Ccntral. Thc scason for 1996 is planncd to bc from Apn] 13 thru ~unc 30. Thc scason corresponds to all thc olhcr seasons which wc have bccn at fids location. By ~hc way this is will bc our seventh successful year in Columbia Heights. Wc have dcvclopcd a ~ loyal customcr basc in Columbia Hci~ts who look forward to our returning year after year. They always want Ibc consistent quality that we provide as well as our excellent customcr service. Lindcr's considers Columbia Hcights to bc one of om' Ix:st Flowcr Mart locations. This year we arc plannit~ thc exact same Flower Mart we used last year. Om' changes last year proved to ~ appcaling to thc ~ye and providcd morc acccss for thc customers. We v~ usc thc same structm-c and nutcriah which we have used in Ibc past. I am also providin~ thc same 1. There is no pa~king adjaccnt to lhc Flower Mart. Wc do not allow smoking and placc many signs to that cffcct. Smoking is harmful to thc plants. 2. Them arc foul 6 foot doo~ which rc~ain open at all limes du~ing business hour. 3. Therc will b~ at lcast four fire cx~crs in thc Flower Mart 4. Thc flazmnabiUty information on thc poly is in thc enclosed material. If you have any questions about this application plcasc ca]] mc. I will address any issues prontptty. Wc fccl wc arc an asset to this commtmity and want to grow hcrc to mcct our customers nccds. '~ Pdnted on Recyded Paper Pier.se let n~ know whm this ~ wffl be on tho ag~-nda for conside~lion. I look forward to a ~ spring scion in 1996 in Columbia H~4gh~s. Linder's C_n'oo~ouses Inc. KRAUS.ANDERSON REALTY COMPANY Development · Leasing · Management November 24, 1995 To the City of Columbia Eeights: Kraus-Anderson, Incorporated hereby grants permission to Peter Linder of Linder's Greenhouse to operate a temporary Garden Center upon the parking facility at Central Valu Shopping Center during the months of April through June of 1996. If there are any questions or concerns, please do not hesitate to contact me. Thank you for your cooperation with this matter. Cordially, ERSON REALTY COMPANY ,~Janu Tony C. Property Manager cc: Central File 4220 West Old Shakopee Road, Suite 200 · Bloomington, MN 55437-2995 612/881-8166-Fax' 612/881-8114-Wats:l- 800-399-4220 43rd AVE. NE. B -I V J, l ti I IIX'.,I I .7. ~,1 '-J United States Testing Company, Inc. California Division' i&55 TELEGAAPH ~ · ~ ANGELF_~. CALII~RNIA 10040 CLIENT: SUBJECT: NUMBER Star-Tex LA 50192 8235 220th Street West 2/5/85 Lakeville, MN 55044 FLAMMA~IL.ITY OF POLYETHYLENE FILM REFERENCE: Client's let:er da=ed 1/28/85 per Pat Larson. SAMPLE IDENTIFICATION: Two samples of polyethylene film submit=ed and identified by the Client as: 1) 4 mil 2) 6 mil TEST REQUEST AND METHOD: ~lammability per State of California Administrative Code, Title 19, P~lic Safety, Subcha~ter 8, Article 4, .Section 1237.1 (Small Scale Tes~), Procedure 801, as modified' by the State Fire Marshal. Conditioning: 70 ~ 2'F and Flame Aoolied: 12 seconds .~uel: Gas Mixture B 65 ~ 2% relative humidity REQUIREMENTS: A) The afterflame tame shall not exceed B) The average length of char shall not two secDnds. exceed six inches. Page I Of 2 cg $1G NED FOI:UT'HE COMPA N Y C. Macaluso, Ass't. Manager, Mat'l./Tx. V. P. Dept L~bo,41orles in: N(m~ Y(,,k · Ch,¢~,) MaC' 1./T~. .La96 CLIENT. United States Testing Company, Inc. California Division ~umD~f LA 50192 2/5/85 TEST RESULTS: SamDle 4 Fla_mm_ a~ili=.v - Small Scale Test Afterflame, Sec. Char Lent--h, ~_n. 0.0 ~.8 0.0 4.$ 0.0 6.6 0.0 5.3 0.0 5.4 Avg. 5.2 6 m~-i 0.0 5.9 0.0 4.7 0.0 4.9 0.0 5.3 0.0 4.8 COMMENTS: The submi-.ted polyeuhylene film samples meet -_he flammabii!ty requiremen'.s cf '..he S=a=e of California Tl-.le 19, Sec-_lon i~37.1. CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: q Planning and Zoning-~' ~PPROVAL~ ITEM: Conditional Use Permit, White BY: Tina Goodroa~k~: · ' DATE: January 12 1996 NO: Case #9601-05, 3901 Central Avenue ' t'?~ At their meeting of January 9, 1996 the Planning and Zoning Commission reviewed the request of White Rental for site plan approval and a Conditional Use Permit to allow the operation of a truck/trailer rental lot at 3901 Central Avenue. White Rental is purchasing this property and proposing to move their operation to this site from 4200 Central Avenue. White Rental will be using a portion of the building at 3901 Central Avenue for retail, office and storage of their rental equipment. The portion of retail space they will be using is 1,392 square feet which will require seven (7) parking spaces while sixteen spaces would be provided for customers and employees. White Rental will have five to six trucks/trailers at the site for rental availability. The parking spaces for the truck and trailers at the site will be behind the building on the east end of the site. There will be two entrances to the property, one off of Central Avenue and one off of 39th Avenue on the south side of the property. Section 9.112(2) (c) of the Central Business District section of the Zoning Ordinance allows, with a Conditional Use Permit, open sales lots provided that: 1. The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. 2. The assembly, repair or manufacture of goods shall not occur within an open sales lot. 3. If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such device. 4. There is located thereon a building devoted to and used in such sales which is at least as large in floor area as such occupation and use. The Planning and Zoning Commission unanimously approved the request for the Conditional Use Permit provided the number of trucks stored on the site be limited to twelve vehicles. RECOMMENDED MOTION: Move to approve the Conditional Use Permit for White Rental at 3901 Central Avenue to allow the operation of a truck/trailer rental business provided no more than twelve vehicles are stored on the site at one time. COUNCIL ACTION: ccago196.no4 CITY OF COLUMBIA HEIGHTS ~pplication For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Street Address of Subject Property= 2. Legal Description of Subject Property: Applicant Address: Description of Request: ZoninR: Applicable City Ordinance Number Present Zoning Present Use Reason for Request= Section Proposed Zoning. Proposed Use 8. Exhibits Submitted (maps, diagrams, etc.) Acknovlediment and SiRnaturet The ~dersi~ed hereby represents upon all of the penalties of law, for the pu~ose of ~duc~g the City of Columbia Heights to take the action herein requested, that all statements herein are t~e and that all york herein of the City of Columbia Heights mentioned ~ill be done ~ accordance vith the~f~nances ~d the laws of the Sta~7~ $i~nature of Applicant/ / ~z / //~/~ ~-~ Taken By: ~ ~Oo~; / 7Y~V~ -~. CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: ,! CONSENT ORIGINATING DEPT.: CITY MANAGER NO:~ Planning and Zoninq/ ] APPROyAL ITEM: Variance, Bruce & Vicki Fischbach BY: Tina Goodroa B~k. ~/ ~. NO: Case #9601-06, 4212 Washinqton St. DATE: January 12, 1996 At their meeting of January 8, 1996 the Planning and Zoning Commission reviewed the request of Bruce and Vicki Pischbach for a variance to allow a non-conforming, two- family dwelling at 4212 Washington Street. On January 19, 1990 a building permit was approved and issued to construct an apartment on the upper level of this structure. The permit reads "non-conforming use previously in existance". However, the Water Department reports that this property was never billed as a duplex. According to the Fischbach's, the property has not had a rental unit for the last eight years. That same permit issued in 1990 expired without the work being completed and was renewed in September of 1992. When the Fischbach's contacted the Inspection Department for a final inspection, Evelyn Nygaard felt a variance should be pursued to make this unit legal as the building is a non-conforming use in the R-2 District because it lacks the required lot area. Our "non-conforming" section of the Zoning Ordinance requires that, if the non-conforming use ceases operation for six (6) months, the use must then be made conforming. It should be noted that it has not been used as a rental for years, far more than just six months. In April of 1994, Evelyn Nygaard recommended to the Planning and Zoning Commission the approval of the variance based on the work and investment the Fischbach's had made into creating the unit and based on the fact that the plans for it were approved in 1990. However, the duplex should never have been approved in 1990 as the non-conforming ordinance was in effect at that time and should have applied to this case. Staff also believes that the variance should not have been approved in 1994 as it sets a precedent for people to create duplexes on non-conforming lots. The Planning and Zoning Commission recommended approval of the variance due to the unique situation based upon the previous existance of approved building permits creating the units and a prior variance being granted without proof that the owner was advised of the time frame of the variance approval. They also stated that normal approval of a variance is valid for one years time. However, because of the non-conforming clause in the Zoning Ordinance, they gave the Fischbach's six months to have the unit rented and occupied and the notice that that if the unit was ever vacant for a six month period, the approval would be invalid and the structure reverted to the single family use and status. RECOMMENDED MOTION: Move to approve the variance due to this unique situation and based upon the previous existance of an approved building permit allowing creation of the unit and prior variance approval provided the second floor unit at 4212 Washington Street is rented and occupied within six months from the final approval date. COUNCIL ACTION: ccag0196.no5 CITY OF COLUMBIA HEIGHTS Application Por= Rezonins Variance Privacy Pence Conditional Use Permit Subdivision Approval Site plan Approval Other lecelpt No= street Address of Subject Property, Legal Description of Subject Property, Address = ~ui'~ ~_ Phone= Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zonina Proposed Use 7. leason for Request Exhibits Submitted (naps, diagrams, etc.) AcknovledKment and $iKnature' The undersi~ned hereby represents upon all of the penalties of lav. foz the pu[pose of tmducing the City of Columbia Reights to take the action herein requested, that all statements herein are true a~d that all york herein mentioned vill be done tm accordance vith the Ord~ces of the City of Colchis Beights ~d the lays of the $ta~e of ~i~eso~a. Signature of Applicant~_ ~,,~m -- ~ ' Taken By=_ CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: ~ CONSENT ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: Variance, Jeff Winter ~. A. ~) BY: Tina Goodroa~ NO: Case #9601-07, 3927 Central Avenue DATE: January 12, 1996 The Planning and Zoning Commission reviewed the request of Jeff Winter for a variance of thirty (30) square feet to allow additional signage on the west side of the building located at 3927 Central Avenue, Big Bob's New and Used Carpet. In October of 1995, Big Bob's received a variance for the total signage allowance to be calculated by four times the store frontage of 42 feet equaling 168 square feet. This variance was the same as that granted to the Salvation Army (in the same building), however, the Salvation Army was able to utilize an existing 144 square foot wall sign. Mr. Winter is going to share a 75 square foot pylon sign with Mady's Bowling Center with each tenant utilizing 37.5 square feet of their allowed signage. Mr. Winter has a total of 168 square feet of allowed signage which leaves 130.5 square feet to use for wall signage. However, with the 100 square foot limit on wall signage as stated in Section 9.117A(9) (b) of the Sign Ordinance, there will be 30.5 square feet of allowed signage that will not be used. That is the reason Mr. Winter is requesting a thirty square foot variance on wall signageo Mr. Winter's opinion is that a precedent was set in the approval of the 144 square foot wall sign for the Salvation Army. The Planning and Zoning Commission recommend approval of the thirty foot variance to Section 9.117A(9) (b) of the Sign Ordinance due to the hardship of the distance of 244 feet that the building is set back from the front property line. RECOMMENDED MOTION: Move to approve the variance of thirty (30) square feet to allow total wall signage of 130 square feet on the building located at 3927 Central Avenue due to the distance that the building is set back from the front property line. COUNCIL ACTION: ccag0196.no6 CITY OF COLUMBIA HEIGHTS Application Fort Rezoning Variance Privacy Pence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date, Case No: ~/~-~ ~ Dat. P.id R.c.ipt Ho.. 2. Legal Description of Subject Propertys, Applicant, Description of Request= ~/~ Zoning, Applicable City Ordinance Number Present Zoning Present Use Reason for Requests Section Proposed Zoning. Proposed Use 8. Exhibits Submitted (maps, diagrams, etc.) Acknovled~ment and $iKnature~ The undersi~ned hereby represents upon all of the penalties of lay, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all york herein mentioned rill be done in accordance with the Ordinances o£ the City of Columbia Heights and the laws of the State of Hinnesota. Signature of Applicant Taken CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S /APPROVAL NO: ~ CITY MANAGER'S / ~ ITEM: APPROVE JOINT POWERS AGREEMENT WITH BY: LINDA MAGEE, Bt~q~ ~'~/ ANOKA COUNTY FOR ASSESSMENT SERVICES DATE: 1-17-96~ '-- DAT~J: '~,×i NO: L~. ~.-o ~O) In 1989, the City of Columbia Heights and Anoka County entered into a joint powers agreement for the county to provide for the assessment of property in Columbia Heights. The duration of that agreement was until January 15, 1996. Attached is a copy of the new six year assessment contract, which will provide assessment services beginning with the 1997 assessment through the 2002 assessment. The contract has been reviewed by the Council at recent work sessions; and, Ed Thurston, the Anoka County Assessor was present at the most recent work session to respond to questions. RECOMMENDED MOTION: Move to approve the joint powers agreement with Anoka County for assessment services, effective January 16, 1996-January 15, 2002, and to authorize the Mayor and City Manager to execute the agreement. COUNCIL ACTION: OOUNTY OF ANOKA Office of the CounO' Assessor Government Center 2100 3rd Avenue, Anoka, Minnesota 55303-2281 612-323-5475 Fax: 612-323-5421 September 1, 1995 % %%? ~ ~5 City of Columbia Heights Patrick Hentges, City Manager 590 40th Avenue N.E. Columbia Heights, Mn. 55421 RE: ASSESSMENT CONTRACT RENEWAL Dear Mr. Hentges: The current six year assessment contract providing assessment services through the 1996 assessment for the City of Columbia Heights expires with the final contract payment on January 15, 1996. The enclosed new six year assessment contract will provide assessment services beginning with the 1997 assessment through the 2002 assessment and if you decide to continue contracting for these services the first annual contract payment will be payable on or before January 15, 1997. Section Five (V.) of the new contract sets forth the per parcel contract costs based on the various property types beginning with the 1997 assessment and payment. This section also defines the procedure for the annual contract cost indexes. Based on the new contract per parcel costs and the current parcel count for the City of Columbia Heights it is estimated that the first contract payment on January 15, 1997 will be approximately $73,524. This is an approximation, based on the 1995 assessment parcel counts, because the 1996 parcel counts will not be available until March 1, 1996 at which time we can calculate the actual amount that will be due in 1997. Unless you experience a significant increase in parcel count and/or changes in parcel type, there should not be an appreciable difference between the estimated and actual amounts. Affirmative Action / Equal Opportunity Employer The Anoka County Board of Commissioners approved the new assessment contract at their August 22, 1995 meeting. The current assessment contract has provided a cooperative and positive relationship between the city and county that I look forward to continuing and building on over the next 6 years of the new contract. The current contract has provided fair and equitable assessments, a reliable and stable tax base and a small number of appeals to the boards of review and tax court. With the ever increasing demand for services you may be assured that the county will continue to make every effort to maximize staff and operating efficiencies to maintain the most cost effective assessments possible and to achieve the quality, reliability and equity that we all have come to expect. When you have had an opportunity to review the new contract and obtain the necessary approvals and signatures please return all three copies to me. One of the original copies will be returned to you when it has been completely executed. If you have any questions concerning the contract, please feel free to call me at 323-5499. Ed ?hurs ton ~ka County Assessor C: Ed Treska, Division Manager Property Records and Taxation Anoka County Contract No. g~0 ~ ~ JOINT POWERS AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY THIS AGREEMENT is made and entered into this day of , 1995, by and between the City of Columbia Heights, 590 - 40th Avenue Northeast, Columbia Heights, Minnesota 55421, hereinafter referred to as the "Municipality," and the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County." WITNESSETH: WHEREAS, pursuant to Minn. Stat. § 273.072, any county and city, lying wholly or partially within the county and constituting a separate assessment district, may, by agreement entered into under Minn. Stat. § 471.59, provide for the assessment of property in the city by the county assessor; and WHEREAS, pursuant to Minn. Stat. §273.03, subd. 2, the agreement may provide for the abolition of the office of the city assessor when the assessment of the property within the city is to made under an agreement by the county assessor; and WHEREAS, it is the wish of the county to cooperate with the municipality to provide for a fair and equitable assessment of the property within the Municipality; and WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. § 471.59. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows: I. That said Municipality constitutes a separate assessment district which lies wholly within the county and that all property in the geographical boundaries of this district shall be assessed by the County Assessor of the County beginning with the assessment year 1997, provided this Agreement is approved by the Commissioner of Revenue. II. Pursuant to Minn. Stat. § 273.072, subd. 2, the office of the city assessor in the Municipality shall cease to exist on January 16, 1996, but not before the end of the term of the current city assessor, if serving for a fixed term, or when an earlier vacancy occurs; provided, however, that upon the termination of this Agreement, the office of city assessor shall be automatically reestablished and shall be filled as provided by applicable law or charter in accordance with Minn. Stat. § 273.072. III. The term of this Agreement shall be from January 16, 1996, through assessment services performed in the year 2002, unless earlier terminated as provided herein. IV. In consideration of said assessment services, the Municipality shall pay to the County an annual payment as follows: 1997 1998 1999 2000 2001 2002 Assessment services payable on or before January 15, 1997 Assessment services payable on or before January 15, 1998 Assessment services payable on or before January 15, 1999 Assessment services payable on or before January 15, 2000 Assessment services payable on or before January 15, 2001 Assessment services payable on or before January 15, 2002 V. For 1997 assessment services, the Municipality shall pay the County as follows: A. Eight Dollars and 37/100s ($8.37) for each improved parcel of residential, seasonal recreational residential and agricultural type property B. Fifty-Two Dollars and 23/100s ($52.23) for each improved and unimproved parcel of commercial, industrial and public utility type of property C. Fifty-One Dollars and 18/100s ($51.18) for each improved and unimproved parcel of apartment and mobile home park type property D. Two Dollars and 62/100s ($2.62) for each unimproved residential, seasonal recreational residential and agricultural type property The same procedure shall be used, as described above, in the computation of the assessment payments due in 1998, 1999, 2000, 2001 and 2002, provided, however, that the cost for each type of parcel shall be increased according to the County Assessor's increase in operating costs, cost of living and merit adjustments established by the Anoka County Board of Commissioners for January 1 to December 31 in the year prior to the date of the assessment. VI. Notwithstanding Section III. above, the County and/or Municipality shall have the right to terminate this Agreement by providing, at a minimum, two years written notice by certified mail, -2- which notice shall be sent prior to January 2 of any year to terminate assessment services to be performed two years from such date (i.e. to terminate this Agreement for assessment services in the year 2000, the party must provide written notice of termination by not later than January 2, 1998). IN WITNESS WHEREOF, the parties have hereunder set their hands on the dates written below. COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS By: Dan Erhart, Chairman County Board of Commissioners Dated: By: Title: Dated: A~'rEST By: John "Jay" McLinden County Administrator Dated: By: Title: Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: By: Title: Dated: The above Agreement is hereby approved by the Commissioner of Revenue this ,19 . __day of By: Minnesota Commissioner of Revenue dk\contraet\colhta.aop -3- CITY COUNCIL LETTER Meeting of: January 22, 1996 ORIGINATING DEPT.: CITY MANAGER AGENDA SECTION: CONSENT NO: ~ License Department APPROVAL~ ITEM: Refund of Clean-up Deposit,~.~. ,,~., BY: Kathryn Pepin BY~}ii~ ~¥!"~ NO: John Rogers, 4300 Central Ave. DATE: January 15, 1996 In November of 1995, John Rogers was approved for a Conditional Use Permit and a License to operate a Christmas Tree sales lot in the east parking area of the Central Valu Mall, 4300 Central Avenue. A requirement of obtaining a license for such operation is the submittal of a $200 clean-up deposit to assure that the area is clear of all debri once the operation has ceased. The time frames for clean-up of the area as specified in Section 5.206(5) of the License Ordinance are as follows: "After Januray 1st, the Health and Safety Inspector shall inspect the licensed premises to determine whether the premises have been cleaned up and no public nuisance, as defined by this Code, remains on the site. (al, If a public nuisance is present, as determined by the Health and Safety Inspector, said official shall notify the licensee to have the nuisance abated no later than January 15. (b) After January 15, the city may abate the public nuisance and deduct the cost of abatement from the deposit. (c) On January 31st, the City shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a statement of any public expense incurred for the nuisance abatement" On January 4, 1996, a representative of the Safety and Health Inspector checked the premises at 4300 Central Avenue and found a small amount of pine debri and a full, one-yard dumpster at the east side of the lot. On January 6, 1996 a second inspection was made and no change was indicated. On January 9, 1996 I checked the lot and the dumpster was removed. However, the pine branches were still evident. I contacted Mr. Rogers and encouraged him to make all efforts to remove the pine branches from the site by January 15. He indicated that Kraus Anderson, the management company for the shopping center, had plowed the tree display area into big piles which has made it difficult for him to remove the debri especially since the temperatures of below zero have frozen the piles thoroughly. On January 10, 1996 a letter was sent to our office from Tony C. Janu, Property Manager for Central Valu Mall, allowing Mr. Rogers until Spring of 1996 to finish clean up of this specific area of the parking lot with the clean-up commencing at the earliest feasible time determined by weather conditions. Because of the action taken by Kraus Anderson impeding Mr. Rogers clean-up of the site in a timely manner as specified by Section 5.206(5) of the License Ordinance, I am referring the request to return Mr. Rogers clean-up deposit to the City Council based on the letter from Kraus-Anderson allowing Mr. Rogers to wait until weather permits in the spring to finish clean-up of the lot. If the Council does not feel the deposit should be refunded at this time, the time frame for the clean-up should be extended at least until April 30, 1996 for final clean-up and inspection of the lot. RECOMMENDED MOTION: Move to extend the date for inspection of the lot to determine that sufficient removal of all tree debri has been completed until April 30, 1996. Failure to remove debri by that date, will result in the $200 clean-up deposit being retained by the City. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS DATE: TO: FROM: RE: JANUARY 4, 1996 LINDA MAGEE, ASST. TO CITY MANAGER JEAN KUEHN, SPEC. PROJECT COORD. INSPECTION OF CHRISTMAS TREE LOTS RE-INSPECTED --FRIDAY, 8:00 AM, JANUARY 5, 1996 1-4-96 The Rainbow parking lot has a small amount of pine tree debris and a full, one-yard dumpster at the east side of the lot that should be emptied and removed from the site. 1-6-96 No Change 1-4-96 The K-Mart lot has 6-8 black plastic bags of trash on the ground. Directly behind the bags is a pile of pine branches (approx 1-2 yards). 1-6-96 The garbage bags have all been removed and the branches that had been on the ground were removed satisfactorily. KRAUS-ANDERSON REAI,TY COMPANY Development · Leasing · Management January 10, 1996 Ms. Kathryn Pepin City of Columbia Heights 590 40th Avenue North East Columbia Heights, MN 55421 via fax: 782-2857 RE: JOHN ROGERS CHRISTMAS TREE SALES CENTRAL VALU SHOPPING CENTER Dear Kathryn: Per our conversation today, it is Kraus-Anderson's position to allow Mr. John Rogers until spring of 1996 to finish clean-up of certain area on the Central Valu Shopping Center parking lot pertaining to said Christmas Tree Sales operation. Please refund any deposit made by Mr. Rogers to the City of Columbia Heights. Kraus-Anderson and Mr. Rogers have agreed that the clean-up will commence at the earliest feasible time determined by weather conditions. If there are any further questions regarding this issue, please do not hesitate to contact me at 881-8166. Cordially, KP, AUS-ANDERSON REALTY COMPANY Ton~ C. Property Manager CC: John Rogers Central File 4220 West Old Shakopee Road. Suite 200 · Bloomington. MN 55437-2995 612/881-8166- Fax: 612/881-8114- Wats:l- 800-399-4220 SECTION 6 5. 206 (1) Ord. 1074, eff. 3/13/84 5.2o6 (2) CHRISTMAS TREES No person shall for consideration, trade, barter or sell at retail any cut evergreen, fir, spruce or other tree for use as a decora- tive Christmas tree without a license issued pursuant to the pro- visions of this chapter. No person shall be licensed to operate an open sales lot pursuant to this section unless such applicant has first obtained a Conditional Use Permit to operate such a lot. Licenses shall be issued for a period of three months commencing on October 1st of each year, and exptring on December 31st of each year, notwithstanding 5.103 (1) a) of this Code· 5.206 (3) License applicants under this section shall indicate on the application the method of fireproofing trees that will be utilized, ~f an~ · 5.2o6 The Council may refer the application to the Chief of the Fire ?reventton Bureau for reco~mndattons prior to taktng action on the license application. 5. 206 (5) Ord. 1074, eff. 3/13/84 Prior to the issuance of a license by the Clerk, the license applicant shall deposit with the Treasurer such sum as is set by resolution.of the Council. After January 1st, the Health and Safety Inspector shall inspect the licensed premises to determine whether the premises have been cleaned up, and no public nuisance as defined by this Code, remains on the site. (a) If a public nuisance is present, as determined by the Health and Safety Coordinator, said official shall notify the licensee to have the nuisance abated no later than January (b) After January 15, the City may abate the public nuisance and deduct the cost of abatement from the deposit. (c) On January 31st, the City shall refund the deposit to the licensee, or any rpm~ining part of said deposit, and shall provide a statement of any public expense incurred for the nuisance abatement." 5. 206 (6) The Council may waive the licensing requirements of this section where all trees to be sold, traded, or bartered are less than 36" in height and fireproofed in a manner approved by the Chief of the Fire Prevention Bureau. 5. 206 (7) Ord. 1074, eff. 3/13/84 5. 206 (8) Ord. 1074, eff. 3/13/84 Licensees shall post "No Smoking" signs throughout the lot in such places as are designated by the Chief of the Fire Prevention Bureau. Said signs shall be maintained in the designated locations until all trees have been removed from the lot. Before a permit is issued, the license applicant must submit a plot plan showing the intended location of trees within the lot. The plan shall provide not less than four feet (4') clearance around the perim- eter of the lot and at all points across each aisle. No license shall be granted hereuQder unless the said plan is first approved by the Chief of the Fire Prevention Bureau. The licensee shall maintain the lot at all times in accordance with the approved plan. 5.206 (9) Ord. 1074, eff. 3/13/84 Each licensee must have on the licensed premises at all times one (1) properly operating Class ABC fire extinguisher. - 133 a. - CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 4 CITY MANAGER'S APPROVAL ITEM: APPLICATION RECOMMENDATION FOR BY: P. HENTGES BY:~ SECO~CHANTS LICENSE DATE: 1-18-96 DAT~% ~ NO: ~ 4.A.12/I The City Council at the Tuesday, January 16, 1996, work session, discussed the secondhand merchant license application of Heidi Lou Westman at 4110 Central Avenue. After a lengthly discussion on the nature of her business, the type of secondhand merchandise sold, and other circumstances relevant to possible changes in the secondhand merchant licensing requirements, the Council determined that the license application should be placed on the agenda for consideration. RECOMMENDED MOTION: Move to Approve the Application of Heidi Lou Westman for a Secondhand Merchant six month provisionary license at 4110 Central Avenue, Suite 206, subject to the City Manager and Police Chief providing a report on the status of the license and criminal history search at 90 Days and 190 Days. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER'S APPR~y.A%~ ITEM: ORDER APPROVING PROPOSED CABLE RATE BY: LINDA L. ~GE~'~'~'/I~ INCREASES ~ A 15) DATE: 1-19-9 NO: · . ,~. On October 23, 1995, the City Council adopted an Order tolling the initial thirty day review period for the proposed equipment rates submitted by Meredith Cable for an additional 90 days, and issued an interim order permitting the equipment rates to go into effect January 1, 1996, subject to rollback and refunds. On November 13, 1995, the City Council adopted an Order tolling the initial thirty day review period of the proposed (maximum permissible) basic rate submitted by Meredith Cable for an additional 90 days. Meredith agreed to not increase its Basic Service Rate from the current level of $7.85 to the maximum permitted level reflected on its forms 1210, subject to the FCC allowing Meredith, effective January 1, 1996, to shift the amount of the increase in the basic service rate to the preferred service tier on a revenue neutral basis, and the city not issuing a Form 329 complaint against Meredith with respect to the preferred service rate to be implemented January 1, 1996. (See attached rate analysis.) Staff, the Cable Attorney, and a Certified Public Accountant have reviewed the FCC forms 1205 and 1210 submitted by Meredith Cable and have found them in compliance with applicable FCC rules and regulations. The resulting rates are: Monthly Equipment Rates Prior to 1/1/96 Effective 1-1-96 Remotes $ .18 $ .32 Converters $1.93 $2.06 Cable Care $ .26 $ .46 $2.37 $2.84 Monthly Cable Rates For Basic and Preferred Service Prior to 1/1/96 Maximum Permissible Effective 1-1-96 Basic Service Preferred Service Company Proposed Effective 1-1-96 $ 7.85 $ 9.49 $7.85 $13.13 $12.52 $14.21 $20.98 $22.01 $22.06 Staff and the Cable Attorney recommend that the City Council pass the Order, approving the proposed rate increase submitted by Meredith Cable Company. RECOMMENDED MOTION: Move to waive the reading of the order, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt the Order approving the proposed rate increase submitted by Meredith Cable Company, effective January 1, 1996. COUNCIL ACTION: w ORDER REGARDING APPROVAL OF THE PROPOSED RATE INCREASE SUBMITTED BY MEREDITH CABLE COMPANY TO THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City of Columbia Heights (hereinafter "City") is certified as a rate regulatory authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"), WHEREAS, the City has notified Meredith Cable Company (hereinafter "Company") that the Company is subject to the rate regulatory authority of the Commission, WHEREAS, the City has received from the Company an FCC Form 1205, Equipment Rate Form and an FCC Form 1210, "Update Form", WHEREAS, the Form Filings implicate the City's authority to regulate basic service rates in requesting an increase in the Company's maximum permitted basic service rate and related equipment rates, on a going forward basis, WHEREAS, the City has reviewed the Form filings in accordance with applicable FCC rules and regulations and has consulted with experts, including legal and accounting experts, WHEREAS, the City solicited, received and analyzed additional information related to said review by the City, staff, and consultants, WHEREAS, the City, its staff and consultants, have determined that the Company's FCC Form 1205 and 1210 comply with applicable FCC rules and regulations, NOW, THEREFORE, IT IS HEREBY ORDERED by the City of Columbia Heights that the proposed rate increases, as filed, for the basic service tier and related equipment are reasonable and approved, subject as may be necessary, to such further review of the implementation of the proposed rate increase on the cable programming service tier. FURTHER, that this Order shall be effective immediately. ORDERED THIS __ DAY OF , 199__. Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: CONSENT II ORIGINATING DEPARTMENT: CITY MANAGER' S NO:~. CITY MANAGER' S APPROVAL ITEM: ESTABLISH WORK SESSION DATES FOR BY: PATRICK HENTGES BY NO: FEBRUARY ~' ~' I ~) DATE: 1-18-96 DA The following work session dates should be established for February, 1996: February 5, 1996, 8 P.M. February 20, 1996, 7 P.M. RECOMMENDED MOTION: Move to establish February 5, 1996, at 8 P.M., and February 20, 1996, at 7 P.M. as City Council Work Session Dates for February, 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: CONSENT ti ORIGINATING DEPARTMENT: CITY MANAGER'S NO:~. CITY MANAGER' S APPROVAL The following work session dates should be established for February, 1996: February 5, 1996, 8 P.M. February 20, 1996, 7 P.M. RECOMMENDED MOTION: Move to establish February 5, 1996, at 8 P.M., and February 20, 1996, at 7 P.M. as City Council Work Session Dates for February, 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 4 CITY MANAGER' S APPROVAL ITEM: APPROVE 1996 DUES FOR NORTH METRO ~ BY: P. HENTGES By: ~'~--~~ MAYORS ASSOCIATION~ ~ / ~) DATE: 1-18-96 DAT NO: ! , · The City Council budgets annually membership in special legislative and municipal policy organizations. In the past, Columbia Heights has belonged to the National League of Cities, League of Minnesota Cities, North Metro Mayors Association, the Association of Metropolitan Municipalities, and the Suburban Rate Authority. The City Council has, however, asked that the dues for the Association of Metropolitan Municipalities be discussed in further detail with the AMM staff at a future work session. However, the Council concluded that the North Metro Mayors Association membership should be continued in 1996 and payment be budgeted in the amount of $10,672. RECOMMENDED MOTION: Move to approve the 1996 dues for the North Metro Mayors Association in the amount of $10,672, with funds to come from 101-41110-4330. COUNCIL ACTION: NORTH METRO MAYORS ASSOCIATION BILL TO: Mr. Pat Hentges City Manager 590 40th Avenue NE Columbia Heights, MN 55421 DESCRIPTION 1996 North Metro Mayors Association Dues SUBTOTAL DATE i INVOICE# 12121195 9500027 AMOUNT 10,672.00 10,672.00 Please remit payment to: I TOTAL 10,672.00 North Metro Mayors Association 8525 EDinbrOOk CROSSINg, SUITE 5, BROOKLYN Park, MINNESOTa 55443 TELEPHONE 612-493-5115 FAX 612-424-1174 TO CI'TY COUNCIL JANUARY 22, 1996 *Sig~ed Waiver Form Accompanied Application APPROVED BY POLICE/FIRE 1996 LICENSE AGENDA SINGLE EVENT ON SALE CLUB BEER LICENSED AT *Immaculate Conception Church 4030 JaCkson Street Charlotte Ann Hansen Feb. 16 & 17, 1996 FEES REQUEST FEES BI WAIVED BUILD II II NG I NSP. II II CONTRACTORS Albers Sheet Metal *Jim Berthiaume Const. *Card Construction *G.R. Mechanical P&H *Gallagher Heating & A/C *Kaufman Sign Co. *LBP Mechanical *Minnegasco *Randy Lane & Sons Plumbing Larson Plumbing *Park Construction *Ricks Plumbing *Royalton Heating United Water and Sewer Wenzel Heating & A/C Lin L. Zelinsky Cont. 200 W. Plato Blvd. 165 Norwood Drive 644 Brookside Lane 12055 Tilton Trail 17209 Tungsten St. N.W. 1622 Central Ave. N.E. 315 Royalston Ave. N. 800 LaSalle Ave. 1501W. Broadway 3095 - 162nd Lane N.W. 7900 Beech St. N.E. 1701 - 221st Ave. N.W. 4120 - 85th Ave. N. 11666 Wayzata Blvd. 1955 Shawnee Road 8100 - ll4th Ave. N. $4O.O0 4O.0O 4O O0 40,00 40~00 4O. OO 40~00 40.0O 4OOO 4OOO 4O.OO 4O.OO 4O.OO 4O.OO 4o.oo 4o.oo FIRE/BUILDING, SAFETY & HEALTH, ANOKA COUNTY HEALTH ITINERANT FOOD SALES *Immaculate Conception Church Charlotte A. Hansen 4030 Jackson Street REQUEST FEES BI WAIVED POLICE DEPARTEMENT GAMES OF SKILL *Don Hanson Sales 4005 Central Avenue 50.00 PUBLIC WORKS DIR. TREE SERVICES Davey Tree Expert Co. 1500 N. Mantua St. , Ohio 50.00 POLICE DEPT. TAXICAB VEttlCLES *No. Suburban Services Thomas C. Auel 4 vehicles within the City #192m 114, 135, 194 75.00/e~ Page 2 APPROVED BY POLICE DEPT. II II II TAXICAB DRIVERS *James Alfread Bazoff *Steven Michael Lepinski *David LeRoy Painter LICENSED AT P.O. Box 32220, Fridley 2240 Buckingham Lan~, Mndsvw. 655 Hwy. 36, Roseville FEES $ 20.00 20.00 20.00 II I *Gary A. [~artinson 100-71½ Way N.E., Fr~dley **SEE COUNCIL LETTER, RECOMMENDATION FOR DENIAL BY POLICE DEPT.** 20.00 POLICE/FIRE SECONDHAND MERCHANT *Heidi Lou Westman 8970 Arona Ave., Lexington, Mn. 4110 Central Ave., #206 **SEE COUNCIL LETTER, RECOHHENDED FOR DENIAL BY POLICE DEPT.*** 50.00 TO: COLUMBIA HEIGHTS CITY COUNCIL I respectively request that all application and license fees be waived by the Columbia Heights City Council, as this is a church sponsored, non-profit event to raise funds for the Immaculate Conception Music Ministry. Application is being made to Anoka County to obtain and fulfill the County licensing requirements. Thank you for your consideration ATTACI-EME~ TO LICENSE APPLICATION Item 9: Ample off-street parking will be available for this event. Both of the Immaculate Conception Church parking lots will be available for use. This event (I.C. Follies) will take place in the Immaculate Conception Church Hall (Maranatha Hall). The I.C. Follies is a church sponsored function. TO: PATRICK HENTGES LOWELL DEMARS ['i~ FROM: SUBJECT: RE-LICENSING OF 4222 MONROE ROBERT C. WITT DATE: JANUARY 16, 1996 PLEASE BE ADVISED THAT THE ABOVE DESCRIBED RENTAL PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE WITH THE HOUSING MAINTENANCE CODE AND ALL ASSOCIATED REINSPECTION AND REI,ICENSING FEES HAVE BEEN PAID. ($175.00) I AM RE(,OMMEi DING THAT THE RENTAL LICENSE FOR THIS PROPERTY BE RE-INSTATED. HAVE ANY QUESTIONS, PLEASE CAIA~ ME. TO: PATRICK HENTGES FROM: LOWELL DEMARS SUBJECT: RE-LICENSING OF 4315 JEFFERSON RICHARD RONNINGEN DATE: JANUARY 16, 1996 PLEASE BE ADVISED THAT THE ABOVE DESCRIBED RENTAL PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE WITH THE HOUSING MAINTENANCE CODE AND ALL ASSOCIATED REINSPECTION AND RELICENSING FEES HAVE BEEN PAID. ($182.50) I AM RECOMMENDING THAT THE RENTAL LICENSE FOR THIS PROPERTY BE RE-INSTATED. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL ME. CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: g~ License Department APPROVAL ITEM: Application for Taxicab Driver BY: Kathryn Pepin BY. ~ License ~ ~ /~) DATE: January 19, 1996 NO: Gary A. Martinson . Mr. Martinson submitted an application for a license to drive a taxicab within the City of Columbia Heights. This application was reviewed by the Police Department. It was found that Mr. Martinson falsified his application by stating that he had no driving violations when his record indicated otherwise. Section 5.104(3) of the License Ordinance states "Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension or such other action restricting the privileges of a licensee as the Council may determine". It is the recommendation of the Police Department that Mr. Martinson's application for a license to drive a taxicab be denied based on his falsification of the license application and due to his driving record. RECOMMENDED MOTION: Move to deny the application of Gary Martinson for a license to drive a taxicab within the City of Columbia Heights based on the recommendation of the Police Department. COUNCIL ACTION: ccag0196.no9 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilm-embers Donald G. Jollx BI'ucc G. N,t~ rocki G.tl'X L. [)ctcr~oll Robert '6,. RUCU:IllalllI City Manager Pamck Hentgc~ January 12, 1996 Gary A. Martinson 100-71 1/2WayN.E. Fridley, Mn. 55432 Dear Mr. Martinson: Your application for a license to drive a taxicab within the C:.t',' of Columbia Heights has been reviewed by the Police Department. They have found that you answered "no" to the question on the application when asked if you ever had any driving violation. Your record indicates that there is a driving violation. Baseci on the falsification of the application and the driving violation on your record, the Police Department has recommended denial of your application. If you have any questions regarding the recommendation, you may contact Sgt. Jendro in the Police Department at 782-2853. The recommendation for denial will be placed on the City. Council agenda for the meeting of January 22, 1996. The City Council meeting beg!ns at 7:00 p.m. If you have any questions regarding the process of your application, you may contact this office at 782-2817. Sincerely / · >., Kathryn Pe;pin- License/Permit Clerk kp CC: Sgt. Jendro, Police Dept. Tom Auel, No. Sub. Services ¥£I~41CLE CiTY Dr COLU~BI& HEIGHTS ,APPI. IC:&TION FOR 'tAXICAB OP£1KA?C)I~ LIC£NS£ ARTI:L£: VI S£:TION: 3 I hereby apply for I license to operate I taxleab In the City of Colu~ble AppliCant Name Appllcent Signature #cr~e Address :)rivers License N~ber ~_ Social Security N~ber ~ ~ave you ever ha~ I taxicab license suspended, revoked or cancelled by a~y ~unlclpallty iff the State of Minnesota, either es en operator or o~er? If yes, explaln Kava you ever had any driving violation? If yes, explaln Check o~e: yes no._~k_ Ce have you ever .been convicted of .e crime or mladeMenor~ nov If yes, ~xplaln Check erie: yes.__ .~1~ not write In apace bel~ Date ///~/~//~-r License TO: PATRICK HENTGES FROM: LOWELL DEMARS SUBJECT: RE-LICENSING OF 4315 JEFFERSON RICHARD RONNINGEN DATE: JANUARY 16, 1996 PLEASE BE ADVISED THAT THE ABOVE DESCRIBED RENTAL PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE WITH TFIE HOUSING MAINTENANCE CODE AND ALL ASSOCIATED REINSPECTION AND RELICENSING FEES HAVE BEEN PAID. ($182.50) I AM RECOMMENDING THAT THE RENTAL LICENSE FOR THIS PROPERTY BE RE-INSTATED. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL ME. TO: PATRICK HENTGES FROM: LOWELL DEMARS /~,~ SUBJECT: RE-LICENSING OF 4222 MONROE ROBERT C. WlTT DATE: JANUARY 16, 1996 PLEASE BE ADVISED THAT THE ABOVE DESCRIBED RENTAL PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE WITH THE HOUSING MAINTENANCE CODE AND ALL ASSOCIATED REINSPECTION AND RELICENSING FEES HAVE BEEN PAID. ($175.00) I AM RECOMMENDING THAT THE RENTAL LICENSE FOR THIS PROPERTY BE RE-INSTATED. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL ME. BRC FINANCIAL SYS'T'EM 01/19/96 08:57:11 Check Nistory F:'LJI',ID F;~IZ[]AI::': F:'U N ]," DESCR I PT 101'-I ]. 01 20.1. 203 212 213 2.40 401 402 4 .1. 0 4 .1. 1 601 603 609 701 7.1.0 880 (3EiNERAI_ COMMUNTTY DEVELOF'MENT FUND F'ARKVIEW VIL. L.A NORTH S'¥ATE A I D IqA I N'I"I.:.;NANCE F:'AF~KV'IiEW VILL. A SOUTH CABLE 'f'EL. EV I S.T. ON L. IBRARY (.';.Al=. I TAL :I:IqI='I=,:OVEHliF. NTS STATE A :1: ~[) COI',ISTI-~LJCT I O1',1 SI'-IEFF:I:I'ZLD RI==DEVELOI='MENT' CAF:' ]: ]"AI... IrqF:'--GF=':N GOV'IF. BI_DG (.iAI=` EQLJIP REPLACE--Gli:'.NI.=.']RAL WATEF;: UT I I... I TY SEWER LJT]:LITY REFI..JE;E: F LJt',ID L. :[ Qt. JOR CENTRAl_ G AF;:A[3 [.i: r-':hlE]:;,'(3 Y M A- N A (.'-;E rqli:-.N T F:'EF;~M :1:-I" ,SLJI:;,:CHAF;~GI.=.': ESC'ROW F:'L. EX BE::NF:F:'IT TF;:LJ,'-i.¥T' Ft. JND TOTAl... 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I"1A S"t" Ii: R C~ .... ) 9 ..... ., 21 . 86 56954 72 ,. 28 56955 897.32 56956 484 ,, 79 ~",69~",7 4~ ~. 40 56958 9.1.4 ,. 40 56959 100.00 56960 .1. , ~.';85.02 56961 200.00 56962 80,838 .. 95 56963 88., :L 11 ,, 00 56964 .1. 2 .,, 8 .1. 9 ,. 95 5696 5 19.67 56966 .1.27 ,. 80 ,.,o96 7 11,3 :[ 8,00 569,.'..'., 8 200 ,, 00 56969 i ,856.66 56970 2 5 :, 093 ,, 96 56971 .1.35 ,, 00 56972 51 ,, :LB 56973 352.85 56974 i, .1.94.93 56975 21,534 ,, 8:[ 56976 20.00 56977 4,276.46 56978 .1., 75:[. :[3 56979 72.00 56980 8 :, .1. 70 ,, 38 5698:1. 54 ..2.1. 56982 .1., 475 ,, 89 56983 868.74 56984 899 ,, 69 56985 4:1., 734.94 56986 900.00 56987 406 ,..1. 5 56988 83 ,, 30 56989 665 ,. 00 56990 236 ,, 70 5699:1. I, 245 ,, 00 56993 65,,27 ~,69 ~'4 121.99 56995 3 :, 716 ,, 07 56996 299.38 56997 4.1. 0 ,, 00 56998 ~-~ 6.00 56999 .1. 8 ,, 66 57000 720.00 BRC I=II,IANCIAL SY.S'I'°EI'fl 0.1./19/96 08: Check H:Lstory .1./22/96 [30UIqCII._ LIST CITY 01= COL. UMBIA I~Ii-"IGI.-ITS GI_.40R-.V04 30 F'AGE 2'.-'. BANI( VENDOR CFIEC K NUMBER AMOUNT BANI< [:;I--Ilii:[:; K I Iq[3 ACCOLJIqT GOVERNME:NT F'INANCE OF'FIC [3RIG(3S-CO[3F'EI~ & CO JOHNSON BROS. L. IQ~JOR CO. MACTA M[:;CL.ANAHAN/LAURE:N MIDWEST BUSINESS I:'RODUCT FI I N T E R-" W E I S M A Iq MN DEPT OF= RIEVIENLJE: MN RE:CF~E:AT]:OI',I & PARK ASS NEI COLL.EGE O1= 'T'ECI-INOL. OG NORTH STAR OI...D LOG '[I"II~'T'I~E F:'E:TTY []ASH - GARY BRAATE PI'JII...L.[PS W~NE & SPIRTS F:'OF'OWS K I/t...O I S QUAI...ITY ~NE & SC:OTT/JANE:T STAI:~ 'I"RIBtJNE SUI='E~:R:I:OR PRODL.ICT ~J S WE:ST CEL.L. ULAI~ LJI',II VE:RS I ]"Y OF' MI N~E:SOTA V08S LIGHTING ~F:'SCME: ANOKA COUNTY SOCIal._ SER~ BIZCI<E]:R CC]UNTY CHIL. D SLJPF' DCA IhlC. DE:FIT :1: CARE: F:'IRST COMMUNITY CREDIT U M :t~ C K E: L. S C) N, T R U S T E: E / J J NOF~THIEAST STATIE BANI( NOI:~WEST BANK -" PAYROLi. A I::'I~;:I:~A F:'E:RA - DEFINE:D CONTRIBUT F:'ERA - F:'IRIE REL. IEF I:'E:F~A L. IF'E: INSURANCE: F'I~:RA F'OL. ICE REL. IEF' CONSO I:'I:;tUDENTIAI... LIFE INSURAFIC RAMSDIEL.L SCHOLARSHIP FUN STANDARD :I:NSL.IRANCE COMPA STATIE CAPITOL CRE:DIT tJNl UNION 49 tJN:I:TIED WAY A T&T CRE:D]:T CORPORA-f'ION A T&T WI:RE:LESS ACE: HARDWARE ACME T YF'IEWR l 'f'E:R AMERICAN LINEN SUF'F:'L.Y CC) 57001 ,,:7..00 . 700~ 18,281 ,,76 57003 4,248.58 57004 4o .... 00 57005 21..1. 2 .. 7006 103 .. 0.1. 57007 3,646.75 57008 7, ,';40 .. 00 57009 192.00 57010 .... -" ' ,c.,c. / ,, 8 5701.1. o~.d"'"'"' . 2'.-'.0 '=."'"~ "~ i, 6~:.8 00 570:£ 3 1:1. 5.60 ,=,..~o ]. 0 570.1.4 4, ....... ~ 70:1. 100.00 ../0].6 i?.90.73 570.1. 7 i".06.82 570 .1. 8 42 .. 34 57019 328.02 ~ 70,:0 5 ,. 99 .~-'r~'"" 1 ~ 0.00 ,., 70z. 4 779.70 % .-:,,.~ ,-, % % t .:- .. ~3o ,, 00 ~,70~:.6 134.38 '~- '~' "~ .L ~: ..... ~:~ .. 70~.7 ' ~ .... .. 70~.d ~. ~ 6. Oz. 57029 1,868.88 57030 350.00 57031 38,909.86 ~ 70~ ~:. 120, ~=,'. 1 . 72 5703:.3 20,736.62 57034 94.62 5703S 389 .... 57036 143.00 . 70o7 I , 682.73 57038 627.85 57039 .. o..'. 57040 476.89 5704.1. .1. , ~-4,. 00 57042 609.00 57043 62.00 57045 35..:, 4 57046 i?. 1.30 57047 42.1. 57048 .1. 37 .. 00 57049 82.37 BRC FI~NANC:[AL SYSTEM 01/19/96 08:5 C h e c k I..J i s't o r y /22/96 COUNC BANK ''"' ~'" vI::.NZ CHECK NUMBER BAN K CHECK I1'-1(3 ACC(3UI.IT AIqERICAN WATER WORKS ASS AIqDEI;,'8ON'S NEW CARPE'F DIE ANOKA COLJNTY I::'ROF:'E:RTY RE: ARAMARK ARTISAN I_OCK & KEY ASSOC OF MINN IEMIERGIENCY AUTOMATIC GARAGIE DDOR CO BARTON SAND & GRAVEl_ )315~:RblICK AND L.:I:F'8OIq B 0 Y E R T R UC I<S BRAUN F'UMF:' BR ~[ G'FOIq SAIqDBI...AS T ]~ IqG B R I S C 0 E /I.,. U C I 1... 1... E BRW IIqC CA R G I L.I... I I'-IC CATCO PART~3 C iii I'Y 0 F' C:OI... UMB I A HE I Gt"IT 8 coIqTINIENTAI_ SAF:'IETY EQUIF' CREATIVE LAMINATING CI::~I~EST VIEW L. LD"HIEI~AN I"IOMIE CYS LJN]]I::OI~MI~ I)AL.C(] ENTE]RF:'RISIES II'lC DAV]I]IES WA'HER EQUIP CO. i)I~]:'ARTME]'IT OF:' NATUF~AL. RE] DP SOL. UTZONS INC EI"IL.E]:~ & ASSOCIA"FIE-PUBL. IC IZI...IECTRIC F:']]RE & SIECLfl~Z TY F:'II:~E~ MARSHAI_S Ol::' ASSOC 8 F:'I.,.IEX COMPE]NSATZON, INC G IE M P L. E] R S GOOD MD/ DR GARY I"IANCE C(]MPANI ES IdEIGI'¥FS ELECTI~]]C INC. HIE R B E R T / J 0 H N IIqDUSTRIAI_ DOOI:~ CO ZNC IIqSTY PRINTS INT'L ASSOC CHIEI=S OF' PO JOI"INSTONE~ 8UPPLY CO KE]NNEDY & GRAVE]N I...A(31EI~QU I ST CORP. I_ARSSN/CL. AY I..,IEIEF: BROS. I_ITTL. E] JACKS STIEAKHOUSIE MADDEN & ASSC)C]]ATES/F'RAIq MAIL.E EI'tTE]RF'RISES INC 57051 ,, 70 57053 .,70.,4 57055 57056 57057 ,., 70 ..... ..,/059 57060 5706]. ,. 70o.~. 57063 57064 57065 57066 ..,/067 57068 57069 57070 57071 57072 57073 57074 ~.~707:) 57076 57077 57078 57079 57081 57082 57083 57084 57085 57086 57087 57088 57089 57090 57091 57092 57093 57094 57095 57096 CITY OF' C(]L. 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UF_::PR I N'¥ MINNESO'[A LICENSED BEV A M I I'INESO"f'A P[31_. I CE RECF;.:UI-f' M I NIqE'7,i;OTA SAF'FTY COLJI'-IC I 1... MIt"INE:SOTA 'T'F;:ANSF' ALI_IAIqC MN CHIEF:'S OF' F:'OL]:CE ASSO MN COMM F:'AGIbIG I'1t'1CFi: ]ZME F'F;&EVENT ]:ON ASSO MI"I I)EF:'ARTME]"I]" OF MN ,~3'T'A'I-E 'T'Fi:EAS BU '[ I_D I bi(3 MI'-I WASTEWATE]:;,' OF:'ERATORS MOTOR SERVICE Iq S I::' NAT'L ASSO OF TOWN WATCH IqA'I"IOI"IAL. CL. IMATIC DA'/"A C NATl... L.F-.AGUF:: OF CI'I'IES NOF;:TH METF;,'O MAYORE; ASSOC NOF;:TI'4 SI...II'-)IJRBAN [.';ABI_.F--. COM I'l[]l:;,'THlii:Rlq A I RGAS NOFi:T'HI.:.'iRN SANITARY SI..JF'F:'I_Y IqOTT CO OWENS SEF,:V.ICES C;OF;,'F' F'AM OIL. Iii'lC F:'ARK SLJPF'LY INC QUALE:/RANDAI...I... F'I RAF:'IT F'F(INTItqG - F'RIDLEY I;:B SLIPPI...Y SERVICES Fi:EL I ABLE OF'F'- I CIE'. SI.JF'F'I...Y F;,'EL. IAI')L.E RACII'I[3 SLIF'F'I_Y REiNTAL Fi:IE)SEAF':CH ,SIE]:i:VICES I:;:ODD Y/W I I_.1_. 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O0 57.1.22 967.00 57123 25.20 57.1.24 .1.30 ,, 66 57;I. 25 4.1.. 59 57126 .1. 50.80 57.1. 27 290.00 57 .1. 28 285 ,, 00 57.129 66.42 57.1.30 149.,3:1. ~:. d. 1. 1 . 71ol 57.1.32 587 ,, 6.1. 57133 344.79 57.1.34 :1.65,,96 57.1.35 162.00 57.1.36 45.00 o7.1.37 .1.9.2.1. 57.1.38 .1.45 ,, 37 ., 7.1..~9' 1.1.7.00 57 .1.40 .1. 00 ,, 00 57 .1. 4 .1, 80 . 00 .. 7.1.42'. ,, ~: .... 00 57 .1. 43 62.00 01/19/96 08:5 C he c I..:. History /22/96 COLJNC' CZI"Y OI= COI...UMB]:A I'.tlii]I(31-.IT,t~ L. 1 .... 4..)F~- v (.,--~ T.";O F'AGE ~: B A N K V E N D 0 R CI--IE:[:: K NL.IMBE:R AMOUNT BAN K (::I.-IIi..:C K :I:I'~G ACCOUI,I't" SIGN L. ANGL.IAGE:/JtMMY L GO SOE; OFFICE EQU]:F'MENT ST PAL.IL. BOOK & STATIONER .STAR TR T. BUNE EYT'RE:ICHER GLIN'S INC/DON .SUF:'E]~IOR F'RODUC'¥ SYS-I"E:M,"':~ E;LIF'F'LY Il-lC, '¥OWI'-I 8: COI. JNTF;:Y OF'F:t:CE: CI_ U ,c.i; WE,ST CE:L.I...LJLAR U E; L'JI!.':,(3T COMMUN :t: CA'I" :1: ONS V :1: l)Ei:[:] UI"I:I: VE:I:;"S I TY F:'RODUCT VO.~"-;S I_ :l: GI"IT :1: FIG W & t,'J GF.i:NE:RATOR RE:BUll_DE: b,l W GF;:A]:I"!GE:I~ WATSON APPRAIEi;AI...E; W :l:l...L :[ AM MATT'SOI"I CONS'I"F~LJC I)..IOODL. A t'(lii: ~;AI"t :1: TARY SE:RV :1: C .7144 21 30 57.1.45 .1., 267,,.~. ., 7.1. 46 37. :.";4 57147 48 ,, 00 57148 4,347.55 .7.1.49 ..... / .1.8 .. 7150 91 73 ;.~ 7.1. 5:1. 3,040 ,, 58 571 .... ,.,,:. 41 ,, 38 '~ 7 '1 '-TM '-' ':~ ':~ .... L~...~ ~:.. ,~ ,, 6 .1. ,. 7 .I. 54 ..... 57.1 '~ '~ ':~'" ..... ,. 7.1. 06 82 ...... ,,71 ,. 7 69 ,. 71 700 O0 S'" 59 ,, , 7.1. .1.6,690 00 57160 97,259.09 74:':';, 9:1.6 ,, 70 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 ' (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager WHERF..AS: Patrick Hentges VALUES FIRST PROCLAMATION Citizens of southern Anoka County, including Columbia Heights, have worked together and picked seven values they consider to be essential; and WHEREAS: Each of the seven values is being highlighted over a seven month period; and During the month of January, the value of respect is being emphasized; and Respect includes showing consideration for self, others, as well as property; and WHEREAS: Being kind and understanding to others is an integral part of res~t; and Displaying courtesy to family members, fellow employees, classmates, neighbors and others with whom we interact is essential. NOW, THEREFORE, I hereby proclaim January as Respect Values Month in the City of Columbia Heights and encourage residents to practice this value in their daily lives. Mayor Joseph Sturdevant January 1996 "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 M~T ~HE CH~LL~GE PRO~L~A?ION Mayor Joseph Sturdevam Councilmembers Donald G. Jolly Bruce O. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges February 1, 1996 marks the tenth anniversary of National Girls and Wo~en in Sports Day. The theme for this year is e~L~ctthe ChallengeW~ and National Girls and Women in Sports Day was begun in 1987 as a day to remember Ol~pic volleyball great, Flo Hyman, for her numerous athletic achievements and her work to assure equality for women's sports~ and The focus of the day is to call attention to the positive influence of sports participation, to acknowledge past and present sports achievements of women, and to advancethe struggle for equality and access for women in sports~ and Thousands of sports educators, coaches, athletic directors, recreation directors, affiliated associations and corporate sponsors will be sponsoring events and participating in activities that focus on issues involving girls and women in sports~ and The Columbia Heights Basketball Associationand all volunteer girls' sports coaches in the city have a distinguished record of providing the females of our community with a positive opportunity to participate in team athletics; and Each year there has been considerable expansion in the recreational programs available for girls and women in our City because of volunteer efforts. NOW, THEREFORE, BE IT PROCLAIMED, that I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby recognize the tireless efforts of the Columbia Heights Basketball Association and volunteer girls' coaches in our COmmunity. AND, FURTHERMORE, I encourage all residents of our City to recognize the importance of this tenth anniversary and to express appreciation for the tireless work by sports volunteers. Mayor Joseph sturdevant City of Columbia Heights 'SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of ;anuary 22, 199( AGENDA SECTION: PUBLIC HEARINGS ORIGINATING CITY MANAGER DEPARTMENT: APPROVAL NO: Fire Rental License Revocation NO: ~,, A, I'~ DATE: Jan. 16,1996 DATE: ff/~''/~' Revocation of the license to operate a rental unit(s) within the City of Columbia Heights is requested against Steven Efterfield regarding rental property at 1100 39TH AVENUE for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 9~- 16 , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- 16 , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Steven Efterfield Regarding Rental Property at 1100 39th Avenue NE. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Steven Efterfield Regarding Rental Property at 1100 39th Avenue NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 95-248 COUNCIL ACTION: RESOLUTION 96- 16 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION SA. 408 ( 1 ) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY STEVEN EFTERFIELD, (HEREINAFTER "L ICENS E HOLDER" ). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1100-02 39TH AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JANUARY 11, 1996 OF A PUBLIC HEARING TO BE HELD ON JANUARY 22, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUldBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on AUGUST 8, 1995, Lowell Demars, Enforcement Officer, for the City of Columbia Heights, mailed re-inspection fee notices to STEVEN EFTERFIELD, owner of the real property and incidental buildings located thereon at 1100-02 39TH AVENUE, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by STEVEN EFTERFIELD. 2. That on one other occassion, re-inspection fee notices were mailed to MR. EFTERFIELD with no response. 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A. 303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 1100 39TH AVENUE is in violation of the provisions of the Columbia Heights City Code. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1049-95 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a co'py of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises ~vithin 60 days from the first day of posting of this Order revoking the license as held 'by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CHRONOLOGICAL LOG PROPERTY ADDRESS: 1100 39TH AVENUE OWNER: STEVEN EFTERFIELD AUGUST 8, 1995 .... RE-INSPECTION FEE LETTER MAILED TO MR. EFTERFIELD FOR RE-INSPECTION DATED 8-4-95. $40.00 DUE DECEMBER 12, 1995 .... FINAL REQUEST FOR PAYMENT MAILED TO MR. EFTERFIELD VIA CERTIFIED MAIL DECEMBER 29, 1995 ....CERTIFIED LETTER OF 12-12-95 RETURNED UNCLAIMED JANUARY 11, 1996 ....MR. EFTERFIELD MAILED NOTICE OF REVOCATION HEARING DATE/TIME VIA REGULAR MAIL TENANT MAILED NOTICE OF REV. HEARING JANUARY 16, 1996 .... STRUCTURE POSTED WITH HEARING NOTICE DATE/TIME CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 TO: STEVEN EFTERFIELD 1102 39TH AVENUE NE COLUMBIA HEIGHTS, MN. 55421 DATE: JANUARY 11, 1996 STATEMENT OF CAUSE AND NOTICE OF PUBLIC HEARING FOR SUSPENSION OR REVOCATION OF A LICENSE PLEASE BE ON NOTICE, that on the 22nd day of January, 1996, at 7:00 pm, or as soon thereafter as the matter can be heard, in the City of Columbia Heights, MN, the Columbia Heights City Council shall consider the revocation, suspension and/or other appropriate disposition of the license to operate a rental dwelling(s) of STEVEN EFTERFIELD located at 1100 39TH AVENUE. STATEMENT OF CAUSE FAILURE TO SUBMIT RE-INSPECTION FEES OF $40.00 As of this date, January 11, 1996, the above outlined violations have not been corrected. Pursuant to Section 5A.408(3) of the Columbia Heights City Code, a violation of any provisions of Chapters 5 or SA, or of state law, shah be prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee. PLEASE BE ON NOTICE that on the 22nd day of January, 1996, at 7:00 p.m. or as ;soon thereafter as may be heard, the City of Columbia Heights City Council shah hold a Public Hearing to address the issue of revocation of your rental license. At the Public Hearing you and your ten.ants or any other interested parties will be given an opportunity to give testimony and present evidence on the above set forth issues. Lowell G. DeMars Assistant Fire Chief Enforcement Officer cc: Tenants CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 STEPHEN EFTERFIELD 1102 39TH AVENUE COLUMBIA HEIGHTS, MN. 55421 RE: 1100-02 39TH AVENUE DATE: DECEMBER 12, 1995 Dear rental property owner, As of December 12, 1995, there is an outstanding balance of $40.00 due for reinspections conducted on AUGUST 4, 1995, in which violations dated FEBRUARY 6, 1995, (COMPLAINT) remained uncorrected. If the outstanding balance of $40.00 is not paid prior to December 31, 1995, your rental license will expire and we will petition the Columbia Heights City Council for revocation of your rental license. PLEASE SUBMIT THE $40.00 FEE PRIOR TO DECEMBER 31~ 1995 TO CLEAR THIS ACCOUNT AND STOP REVOCATION PROCEEDINGS. Should you have any questions, please call me. Respectfully, Lowell G. DeMars Assistant Fire Chief Enforcement Officer 10041 CITY OF OOLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE OOLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 TOi STEVEN EFTERFIELD 1102 39II-I AVENUE COLUMBIA HEIGHTS, MN. 55421 PROPERTY ADDRESS: 1100-02 39TH AVENUE DATE: AUGUST 8, 1995 On FEBRUARY 6, 1995, a (Complaint) Housing Maintenance Code inspection was conducted at your property located as indicated above and you were informed of code violations which were found. On AUGUST 4, 1995, a follow- up inspection was conducted and one or more of the original code violations cited on FEBRUARY 6, 1995, remain uncorrected. The City Council of the City of Columbia Heights has adopted an ordinance allowing the assessment of additional inspection fees to cover all inspections conducted in which outstanding code violations are not corrected. It will now be necessary that you submit a $40.00 fee for the inspection conducted on AUGUST 4, 1995, in which complete code compliance had not been accomplished. The additional fee must be submitted to this office within thirty (30) days of receipt of this notice. The next code compliance inspection is scheduled as indicated on your last violation notice dated AUGUST 4, 1995. If all code violations as cited in previous compliance letters are not corrected by the next scheduled inspection date, you will be assessed an additional charge of $40.00 for each additional inspection until ALL code violations are corrected. YOU WILL NOT RECEIVE A SEOOND'HOTICE OF THIS BILLING. RENTAL HOUSING LICENSES WILL NOT BE ISSUED AND CURRENT LICENSES WILL EXPIRE 30 DAYS FROM THE DATE OF THIS NOTICE IF THIS FEE IS NOT PAID. If you have any questions you may contact this office 'at 782-2835. Please remit the $40.00 additional fee now due to the Columbia Heights Fire Department within thirty (30) days. Lowell G. DeMa r s Assistant Fire Chief Enforcement Officer CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 TO: RENTAL TENANT 1100 39TH AVENUE COLUMBIA HEIGHTS, MN. 55421 DATE: JANUARY 11, 1996 TENANT NOTICE ENCLOSED IS A COPY OF A NOTICE SENT TO THE OWNER OF THE RENTAL PROPERTY LOCATED AT 1100 39TH AVENUE. THE OWNER HAS FAILED TO CORRECT THE OUTSTANDING HOUSING MAINTENANCE CODE VIOLATIONS AS DESCRIBED ON THE OFFICIAL NOTICE PRIOR TO DECEMBER 31, 1995. A PUBLIC HEARING WILL BE HELD AT THE DATE AND TIME AS DESCRIBED ON THE OFFICIAL NOTICE. THIS HEARING COULD AFFECT YOU, AND IS FOR YOUR INFORMATION ONLY. YOU HAVE THE RIGHT TO BE HEARD AT THIS HEARING VCrlEN THE HEARING TAKES PLACE IF YOU SO DESIRE. REVISED CI'FY COUNCIL LETTER Meeting of Jan. uar¥_ 22, [996 AGENDA SEC. TiON: Public Hearings ORIGINATING CITY MANAGER , DEPARTMENT: APPROVAL NO: Fire 1TEM: Close Hearing BY: Lowell DeMars ~,~ BY: .Rental License Revocation ~--', ~'' NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Gerald McGuire, Estate of Dorothy McGuire, regarding rental property at 4855-57 5th Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of January 22, 1906. The public hearing on this property may now be closed in that the owner has complied with requirements of the Housing Maintenance Code. RECOIVEMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Gerald McGuire, Estate of Dorothy McGuire Regarding Rental Property at 4855-57 5th Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. close, hca CC)UNCII. ACTION: RESOLUTION 96- 17 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIA~L RENTAL LICENSE HELD BY ESTATE OF DOROTHY McGUIRE, GERALD McGUIRE, SON, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4855-57 5TH STREET COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JANUARY 11, 1996 OF A PUBLIC HEARING TO BE HELD ON JANUARY 22, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on SEPTEMBER 1, 1995, Lowell Demars, Enforcement Officer, for the City of Columbia Heights, mailed re-licensing applications to Mr. Gerald McGuire, owner/agent of the real property and incidental buildings located thereon at 4855-57 5TH STREET, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by ESTATE OF DOROTHY McGUIRE. 2. That on two other occassions, re-licensing applications were mailed to Mr. McGuire with no response. 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4855-57 5TH STREET is in violation of the provisions of the Columbia Heights City Code. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number 80013 is hereby revoked/suspended (cross out one); 2. The City shah post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CHRONOL~ICAL LOG PROPERTY ADDRESS: 4855-57 5TH STREET OWNER: ESTATE OF DOROTHY Mc~UIRE GERALD Mc~UIRE, AGENT SEPTEMBER 1, 1995 .... RE-LICENSING APPLICATION MAILED OCTOBER 1, 1995 .... RENTAL LICENSE EXPIRED OCTOBER 16, 1995 .... FINAL RE-LICENSING APPLICATION MAILED BETWEEN OCT. 16, AND DECEMBER 31, 1995, INSPECTORS HAD VERBAL CONTACT WITH GERALD McGUIRE INFORMING HIM OF BEING UNLICENSED JANUARY 11, 1996 .... STRUCTURE POSTED WITH HEARING NOTICE OWNER NOTIFIED OF REV. HEARING DATE/TIME TENANT NOTIFIED OF REV. HEARING DATE/TIME JANUARY 16, 1996 .... NO RESPONSE FROM MR. McGUIRE CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 TO: GERALD McGUIRE DATE: 1717 PARKSHORE DRIVE ARDEN HILLS, MN. 55112 JANUARY 11, 1996 STATEMENT OF CAUSE AND NOTICE OF PUBLIC HEARING FOR SUSPENSION OR REVOCATION OF A LICENSE PLEASE BE ON NOTICE, that on the 22nd day of January, 1996, at 7:00 pm, or as :soon thereafter as the matter can be heard, in the City of Columbia Heights, MN, the Columbia Heights City Council shah consider the revocation, suspension and/or other appropriate disposition of the license to operate a rental dwelling(s) of DOROTHY McGUIRE, ESTATE OF located at 4855-57 5TH STREET. STATEMENT OF CAUSE FAILURE TO RE-LICENSE RENTAL PROPERTY FAILURE TO ARRANGE ANNUAL INSPECTION OF RENTAL PROPERTY As of this date, January 11, 1996, the above outlined violations have not been corrected. Pursuant to Section 5A.408(3) of the Columbia Heights City Code, a violation of any provisions of Chapters 5 or 5A, or of state law, shall be prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee. PLEASE BE ON NOTICE that on the 22nd day of January, 1996, at 7:00 p.m. or as soon thereafter as may be heard, the City of Columbia Heights City Council shall hold a Public Hearing to address the issue of revocation of your rental license. At the Public Hearing you and your tenants or any other interested parties will be given an opportunity to give testimony and'present evidence on the above set forth issues. Lowell G. DeMars Assistant Fire Chief Enforcement Officer cc: Tenants CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 TO: RENTAL TENANT 4855 5TH STREET COLUMBIA HEIGHTS, MN. 55421 DATE: JANUARY 11, 1996 TENANT NOTICE ENCLOSED IS A COPY OF A NOTICE SENT TO THE OWNER OF THE RENTAL PROPERTY LOCATED AT 4855-$75TH STREET. THE OWNER HAS FAILED TO CORRECT THE OUTSTANDING HOUSING MAINTENANCE CODE VIOLATIONS AS DESCRIBED ON THE OFFICIAL NOTICE PRIOR TO DECEMBER 31, 1995. A PUBLIC HEARING WILL BE HELD AT THE DATE AND TIME AS DESCRIBED ON THE OFFICIAL NOTICE. THIS HEARING COULD AFFECT YOU, AND IS FOR YOUR INFORMATION ONLY. YOU HAVE THE RIGHT TO BE HEARD AT THIS HEARING WHEN THE HEARING TAKES PLACE IF YOU SO DESIRE. CITY COUNCIL LETTER Meeting of January 22, t996 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING CITY MANAGER DEPARTMENT: APPROVAL NO: ~ Fire ITEM: Close Hearing BY: Lowell DeMars ~ B Rental I,/cense Revocation A- ~) DATE: Jan 17, 1996 DATE:i, p',"/(s NO:~'~r . ' The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Leonard Thayer regarding rental property at 627-2O 51st Avenue for failure to meet the requirements of the Housing Maintenance (',odes was previously scheduled to commence at the Citv Council meeting of January 22, 1906. The public hearing on thie property may now bo cloood in that tho ownor hao complied with requirements of the Housing Maintenance Code. by making full and complete repairs as required and submitting all re-inspection fees due the City. RECO~ENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Leonard Thayer Regarding Rental Property at 627-20 51st Avenue in That the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of January 22, 1906 AGENDA NO: ITEM: NO: SECTION: Close Hearing PUBLIC HEARINGS Revocatkm Rental License ORIGINATING DEPARTMENT: Fire BY: Lowell DeMars j~? DATE: Jan 17, 1996 CITY MANAGER APPROVAL DATE: The matter of the revocation of the license to operate a rental unit(s) within the City' of Columbia Heights against Francis E. Job regarding rental property at 4017 6th Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to conunence at the City Council meeting of January 22, 1006. The public hearing on this property may now be closed in that the. owner has complied with requirements of the. Housing Maintenance Code by making full and complete repairs as required and submitting all re-inspection fees due the City. RECOMMENDED MOTION: Move to Close. the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by 'Francis E. Job Regarding Rental Property at 4017 6th Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. ch)se, hca COUNCIL ACTION: CITY COUNCIL LETTER Meeting of lanuary 22, 1996 AGENDA NO: ITEM: NO: SECTION: PUBLIC HEARINGS Llose Hearing Rental License Revocation ORIGINATING DEPARTMENT: Fii re BY: Lowell DeMars .~1~ DATE: Jan 1.7, 1996 CITY MANAGER APPROVAL BY: DATE: The matter of the revocation of the license to operate a rental unit(s) within the Citv of Columbia Heights against Thomas R. Kemnitz regarding rental property at ,405o Jefferson Street for failure to meet the requirements of the ttousing Maintenance Codes was previously scheduled to commence at the City Council meeting of January 22, 1096. The public hearing on this property may now be closed in that the owner has complied with requirements of the Housing Maintenance Code by making full and complete repairs as required and submitting all re-inspection fees due the City. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Re¥ocation or Suspension of the Rental License Held by Thomas R. Kemnitz Regarding Rental Property at 4059 lefferson Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. close, hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: JANUARY 22, 1996 AGENDA SECTION: PUBLIC HEARINGS NO: 6 ITEM: NO: FISCAL YEAR 1996 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Project selection/Application) ORIGINATING DEPT.: COMMUNITY DEVELOPMENT BY: TINA GOODROAD~ DATE: JANUARY 17, 1996 CITY MANAGER APPROVAL Annually the City is allocated Federal Community Development Block Grant (CDBG) entitlement funds through the Anoka County CDBG Entitlement Program. Approximately $240,000 to $250,000 are expected to be allocated to the City of Columbia Heights for FY1996. A proposed program attached for the use of funds has been prepared based upon City Council discussion. Prior to City Council approval of a program for the use of the FY1996 CDBG funds, a public hearing must be held and any other public input must be heard and considered. As per City Council approval, a hearing has been scheduled for January 22nd at approximately 7:15 pm. A copy of the official published notice in regard to the scheduled public hearing is attached. Also, a copy of the "Current CDBG/HOME Program Status" as of 12-31-95 is attached, and an Anoka County Community Development Block Grant Work Schedule. The public service grants proposed for FY1996 are the same four agencies as were funded the last two years for the same dollar amount. I do not have complete applications from them as of this meeting, however, I'm sure each of you are aware of their service. Another organization, Community Emergency Assistance Program, Inc. (CEAP) is also requesting $1,000 in funding. They provide services including food, clothing, and financial assistance to families in need. The CEAP application is included as it is a new request. However, I do recommend funding the four listed as it will keep the same agencies going with the same services currently provided in Columbia Heights. RECOMMENDED MOTION: Move to approve the following as the 1996 Community Development Block Grant (CDBG) Program for the City of Columbia Heights with the HRA Executive Director and Chair authorized to prepare and submit the formal application for such funds: CITY PROJECTS TO BE FUNDED WITH FY1995 CDBG GRANT FUNDS. A. Neighborhood Revitalization with Priority Use of Funds in Sheffield Neighborhood $140,000 to $160,000 B. Housing Rehabilitation (City-Wide) $ 90,000* to $100,000'* C. Public Service Grants $ 21,662 to $ 21,662 Senior Outreach Program for Col. Hts. --11,662 (Anoka County Community Action Program) 2. Southern Anoka Co. Comm. Assist. -- 4,000 3. Alexandra House (Columbia Hts) -- 3,000 4. Hot Meals for Shut-Ins (Meals on -- 3,000 Wheels) for Columbia Hts. D. TOTAL $251,662'** to $281,662'** * If funding is less than $240,000 the amount reduced would be taken off the amount for Housing Rehabilitation. ** If total funding is more than $240,000 the additional amount would be added to the amount for Housing Rehabilitation. *** Includes approximately $30,000 to $35,000 for Columbia Height's share of the County-wide CDBG/HOME Program allocation for housing rehabilitation. COUNCIL ACTION: Housing & Redevelopment Authority of Columbia Heights Eu#l~ua I-~nlz Paatc~ J~nem Ri~ard Du~in 590 N.E. 40th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857- (612) 782-2854 PROPOSED 1996 COMMUNITY DEVELOPMENT BLOCK GP.~NT (CDBG) PROGRAM FOR CITY OF COLUMBIA HEIGHTS FISCAL YEAR (FY) 1996 GRANT Amount expected $240,000 to $250,000 (Received $238,503 for FY 1995) PROJECT PROPOSED FOR FUNDING WITH FY1995 CDBG GRANT FUNDS. Ae Neighborhood Revitalization with Priority Use of Funds in Sheffield Neighborhood $ 140,000 to 160,000 B. Housing Acq. Rehab. (City-Wide) 90,000* to 100,000,* C. Public Service Grants 21,662 to 21,662 1. Senior Outreach Program - $11,662 for Columbia Heights (Anoka County Community Action Program) Southern Anoka Community - 4,000 Assistance (SACA) Food Shelf 3. Alexandra House - 3,000 for Columbia Heights Hot Meals for Shut-Ins - 3,000 Meals on Wheels for Col. Hts. D. TOTAL $ 260,000*** $ 290,000*** If funding is less than $240,000, the amount reduced would be taken off the amount for Housing Rehabilitation. If funding is more than $240,000 the additional amount would be added to the amount for Housing Rehabilitation. Includes approximately $30,000 to $35,000 for Columbia Heights' share of the countywide CDBG/HOME Program allocation for housing rehabilita- tion. cdbgpro/2-3-95 Equal Opportunity Employer Equal Housing Opportunity Agency Housing & Redevelopment Authority of Columbia Heights 590 N.E. 40th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857 · (612) 782-2854 CURRENT CDBG/HOME PROGRAM STATUS 12/29/95 1. 1994 CDBG/HOMZE PROGRAM (7/1/94 to 12/31/95) Project Name CDBG HOME HRA Total Amt Used Balance 428 Public Service 16,110 0 0 16,110 15,798.61 311.39 430 Neighborhood Revitalization 219,000 0 0 219,000 202,902.43 16,097.57 453 Housing * Rehabilitation 51,152 120,000 0 171,152 32,965 138,187 TOTAL 286,262 120,000 0 406,262 251,666.04 154,595.96 * Duplex Renovation 2. 1995 CDBG/HOME PROGRAM (7/1/95 to 12/31/96) Project Name CBDG HOME HRA Total Amt Used Balance 528 Public Service 18,742 0 0 18,742 2,928.19 15,813.81 530 Neighborhood Revitalization 120,000 0 0 120,000 95,811.80 24,188.20 553 Housing * Rehabilitation 95,761 100,000 0 195,761 23,188.36 172,572.64 TOTAL 234,503 100,000 0 334,503 121,928.35 212,574.65 * Duplex Renovation Equal Opportunity Employer Equal Housing Opportunity Agency 1~' COUNTY OF ANOKA Urban Anoka County Community Development Block Grant GOVERNMENT CENTER 2100 3rdAvenue .Anoka, Minnesota 55303-2265 o(612) 323-5709 December 22, 1995 Mr. Don Schneider Community Development Director City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, Minnesota 55421 Dear Don: Attached is an estimate of the 1996 Community Development Block Grant (CDBG) that can be used for planning 1996 activities. A work schedule for developing the grant proposal is also attached. The amounts shown are still estimates. Anoka County has not received any notification of grant allocations from HUD. When planning, please remember that Public Services are limited to 15% of the County's HUD allocation. If the request for public services exceeds that amount, requests will be cut. HUD is recommending that Anoka County discourage small contract amounts for public services. To keep administrative costs down, I am asking that you consider funding non-profits for no less than $5,000. Perhaps looking at the residents served in your community by a non-profit will make choices easier. ALI projects must primarily benefit Iow income persons/households or clean up conditions of slum and blight. You will be notified soon about a meeting to discuss grant procedures. Please call me at 323-5709 if you have questions. Sincerely, Alyce A. Osborn Community Development Manager AAO:sw Enclosures (2) CC: Jay McLinden Tom Durand Affirmative Action / Equal Opportunity Employer ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT WORK SCHEDULE - 1996 Dec. 15 - Dec. 29 1996 Jan. 2- Jan. 25 Jan. 26 - Feb. 28 Jan. 25 Feb. 15-Mar. 15 Mar. 15 - Apr. 8 Mar. 21 Mar. 29 2nd Tues. Apr. (Apr. 9) Apr. 9 - Apr. 19 3rd week in April Apr. 25 2nd Tues. May (May 14) May 15 July 1 Initial discussions among local staff/elected officials concerning new projects. City/County discussions about new projects. (Time to resolve eligibility, etc.) Any local public hearings. *City develops and submits grant request to County. HRA Management Committee considers extension requests for unspent funds from prior years. County assists cities/towns to refine 1996 project application requests (gathering local data, supporting material, etc.) County develops final grant request including all city/town project requests, HAP, goals, objectives, and budget. HRA Management Committee reviews 1996 grant request. Publish public hearing notice. County HRA Public Hearing. Complete final grant writing and grant notice for publication. Re-publish Proposed 1996 Application if necessary. HRA Management Committee reviews final 1996 grant request. County HRA reviews final document. Submit grant request to Dakota County to be included with 4-County Consortium. Funding availability communities will receive notice of availability from Anoka County. ESTIMATE 1996 CDBG Budget Area I Blaine $189,334 Columbia Heights $238,370 Fridley $155,223 Anoka $173,323 Coon Rapids $289,950 Area II East Bethel $45,607 Lino Lakes $38,605 Spring Lake Park $31,221 Andover $57,133 Ham Lake $42,551 Area III Ramsey $34,772 Oak Grove $30,611 Linwood $19,063 Circle Pines $10,677 Burns $11,085 Columbus $20,610 Area IV Hilltop $13,490 Lexington $21,714 Bethel $8,584 St. Francis $29,392 Centerville $7,869 A deduction of $1,000 from each community is taken for each year of participation. The deduction will be made at time of city application. CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdo', ;tnt Councilmemhers Donald G..loih Bruce (]. Naxx ~';,cki Garq L. Pctcr.,,n Rohc:-t NV Ructttm,tm~ City Mana,,er Patrick Hentce- OFFICIAL PUBLICATION City of Columbia Heights Notice of Public Hearing Notice is hereby given that the City Council of the City of Columbia Heights, Minnesota will hold a public hearing to consider the selection of activities to be funded under the City's 1995 Anoka County Community Development Block Grant Program. The city anticipates that it will receive approximately $240,000 to $260,000 in funding for the 1996 program year. This hearing will be held in the Council Chamber, City Hall, 590 - 40th Avenue N.E., Columbia Heights, Minnesota on January 22, 1995 at approximately 7:15 p.m. All persons having an interest in the program will be given the opportunity to be heard. Auxiliary aids for handicapped persons are available upon request when the request is made at lease 96 hours in advance. Please call the City Council Secretary at 782-2800, ext. 209 to make arrangements. Persons requiring a foreign/sign language interpreter should call Tina Goodroad at 782- 2856. ~%%X~C'Y ASSI$7'4/V~' December 28, 1995 Ms. Tina Goodroad City of Columbia Heights 590 40th Avenue NE Columbia Heights, Minnesota 55421 Dear Ms. Goodroad: Community Emergency Assistance Program, Inc. (CEAP) requests your consideration of the following grant proposal for the 1996-1997 Community Development Block Grant (CDBG) funds available in the amount of $1,000. CDBG funds allow CEAP to continue to serve Columbia Heights residents, and help to meet the dsing demand for our services. This partnership allows CEAP and the City of Columbia Heights to work toward the common goal of serving the people of the community. CEAP provides family services to those in need. These services include food, clothing, and financial assistance. By providing these services, a crisis can usually be averted and the living situation can be stabilized. The services that we provide are of great value to those who are needy in our community. In order to help the people we serve and strengthen the community, we must proactively respond to the needs before they become critical. We hope that the City of Columbia Heights will join with CEAP in the continuing fight to help those less fortunate in the community. Combining our resources will make the community stronger and more effective in meeting the needs of the people we serve. Sincer~ely,? Karen Neis Director of Administration Enclosures: CDBG Proposal 1995 Audited Financial Statements Brochure FY 96 Budget Fact Sheet 7231 Brooklyn Boulevard at CEAP WAY. Brooklyn Center, MN 55429 · 566-9600, Fax 566-9604 I~ 1201 89th Ave. N.E., Suite 130, Blaine. MN 55434 · 783-4930, Fax 783-4700 ........~ II. CDBG PROPOSAL CITY Of COLUMBIA HEIGHTS NAME / ADDRESS OF AGENCY Community Emergency Assistance Program, Inc. 1209 89th Avenue NE, Suite 130 Blaine, MN 55434 REQUESTED AMOUNT: $1,000 ADMINISTRATIVE ADDRESS Karen Neis, Director of Administration CEAP 7231 Brooklyn Boulevard Brooklyn Center, MN 55429 566-9600 (CEAP was incorporated on May 1, 1971, The office serving Anoka County began operating on July 13, 1987.) PROJECT ACTIVITY A. LOCATION: 1209 89th Avenue NE, Suite 130 Blaine, MN 55434 ACTIVITIES: The purpose of CEAP is to prevent a crisis for an individual or family through the provision of intervention services, and to assist clients in receiving long-term self-sufficiency services. Mission Statement: CEAP is available to the people of the community to answer their critical needs while preserving their dignity as human beings. CDBG funds will be used for direct service needs such as Family Services and the MAC/distribution program. 100% of the funds will be used for Columbia Heights residents for direct services and assistance. CEAP is a full service human service agency, open from 8:00 a.m. to 4:30 p.m., Monday, Tuesday, Wednesday, and Friday, and is open until 6:00 p.m on Thursdays. # BENEFITING: In 1994, CEAP served 360 families (duplicated client count, based on number of times receiving service) residing in the city of Hilltop/Columbia Heights. From January 1995 through November of 1995, CEAP served 282 families (duplicated count) residing in Hilltop/Columbia Heights. In 1996, CEAP expects to serve approximately 350 families from Hilltop/Columbia Heights. HOW THEY BENEFIT: CEAP's services offer families an alternative to economic dependence. By helping families help themselves, special needs assistance and family loans help families gain self-esteem and prevent crises from occurring. CEAP'S services offer supplementary food to people living in Anoka County. When people have received emergency food assistance from CEAP more than three times per year, CEAP staff refer them to our long term self-sufficiency program. COLUMBIA HEIGHTS CDBG PROPOSAL, Page 2 LOW INCOME PERSONS SERVED: 100% of CEAP's client populations below 135% of the federal (HUD-designated) poverty level. In 1994, over 85% of CEAP clients had an annual income of less than $10,000 per year. CEAP's Anoka County office serves primarily the working poor and newly unemployed families. III. PROJECT / PROGRAM DURATION CEAP is an ongoing program. CEAP was incorporated in May of 1971. The office serving Anoka County began operating in July of 1987. The CDBG funds would be spent in 1996/1997, a one year grant. IV. MULTI-YEAR PROJECT CEAP will continue to provide the same services as described above, as long as it is able, and as long as the need exists. V. COMMUNITY PROBLEMS ADDRESSED CEAP addresses a multitude of community problems. The problems of hunger and nutritional deficiencies are addressed by our food shelf, Mothers and Children (MAC) program, and the Nutritional Assistance Program for Seniors(NAPS). Homelessness and housing instability are addressed through our financial assistance program. Se!f- sufficiency needs including transportation, educational expenses, and job-related expenses are also addressed through the services provided by CEAP. VI. FUNDING SUMMARY TOTAL REVENUE NEEDED: For fiscal year ending June 30, 1996 CEAP will need to raise $1,058,052 in revenue. TOTAL C.D.B.G. REVENUE NEEDED: Fiscal year ending June 30, 1996: $20,000. CEAP is requesting $1,000 from the city of Columbia Heights CDBG funds. SOURCE AND AMOUNT OF OTHER REVENUE: CEAP receives funding from a number of sources as outlined on the enclosed budget. CEAP will also seek CDBG funds from the cities of Coon Rapids, Blaine, Fridley, Spring Lake Park, Anoka, Ramsey, Hilltop and Ham Lake. VII. COST DETAIL OF ACTIVITIES See enclosed line item budget. Most items are based on last year's needs. COLUMBIA HEIGHTS CDBG PROPOSAL, Page 3 VIII. PROJECT AREA CEAP serves all of Anoka County. In 1990, over 12,815 individuals (5.3%) in Anoka County are below the poverty level. This is a +43.7% change over 1980. IX. This project/program is a private 501(c)(3) organization, and is not part of a larger effort. Xl. PROGRAM CONTACT PERSON Darleen Simon, Site Manager, Anoka County CEAP Karen Neis, Director of Administration, CEAP Todd Paulson, Executive Director, CEAP INDIVIDUALS AUTHORIZED TO REQUEST REIMBURSEMENTS Darleen Simon, Karen Neis, and Todd Paulson. ENCLOSURES FISCAL YEAR 1996 BUDGET - REVENUES AND EXPENSES CEAP BROCHURE 'DID YOU KNOW' FACT SHEET FISCAL YEAR END 6/30/95 AUDITED FINANCIAL STATEMENTS HOUSE, NEZER & FROELICH, P.A. C E R T I F I E D P B L ! C A C C O U N T A N T S INDEPENDENT AUDITOR'S REPORT To the Board of Directors Community, Emergency Assistance Program, Inc. Brooklyn Center, Minnesota We have audited the accompany4ng balance sheet of Community Emergency Assistance Program, Inc. as of June 30, 1995, and the related statements of activities, changes in fund balances, functional expenses and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards Issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the f'mancial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Community Emergency ,assistance Program, Inc. as of June 30, 1995, and the results of its operations and its changes in fund balances for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditlng Standards, we have also issued a report dated September 14, 1995 on our consideration of Ccmmunity Emergency Assistance Program, Inc.'s internal control structure and a report dated September 14, 1995 on its compliance with laws and regulations. September 14, 1995 5543'1-1115 · ~612)S35-1;44 · Fax (6121835-5,~45 [:'~:&'?,'rxc 2(700 ttctx;,~rA- i] COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. BALANCE SHEET June 30, 1995 ASSETS Genera FamilyLo~ FixedAsset F~d Fwd Fund Total CURRENT ASSETS: Cash and cash equivalents Short-term investments (Note 3) Accounts receivable Interest receivable (Note 3) Prepaid expenses $ 111,346 $ 185,112 210,890 435,364 17,969 9,091 2,345 351,641 620,476 $ - $ 296,458 - 646,254 - 17,969 - 9,091 - 2.345 972,117 LONG-TERM INVESTMENTS (Note 3) 69,568 69,568 LOANS RECEIVABLE, less allowance for doubtful accounts $25,000 152,735 152,735 PROPERTY AND EQUIPMENT (Notes 4, 5 and 8) Less accumulated depreciation 752,539 752,539 241,797 241.797 510,742 510.742 773,211 $ 510,742 $ 1,705,162 LIABILITIES AND FUND BALANCES CURRENT LIABILITIES: Current maturities of long-term debt (Note 5) $ Accounts payable 4,731 Other accrued expenses 35,735 Payable to Anoka County (Note 8) 50,000 Deferred revenue (Note 6) 38,000 128,466 $ 5,061 $ 5,061 - 4,731 - 35,735 - 50,000 - 38,000 5,061 133,527 LONG-TERM DEBT (Note 5) 18,184 18,184 COMMITMENTS AND CONTINGENCIES (Note 8) FUND BALANCE: Designated for: Program reserves 170,731 170,731 Home grant 4,853 4,853 Capital improvements 25,000 - 25,000 Undesignated 92,159 773,211 487.497 1,352.867 292,743 773,211 487.497 1,553,451 510,742 $ 1,705,162 See Notes to Financial Statements. COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. STATEMENT OF SUPPORT, REVENUE AND EXPENSES Year Ended June 30, 1995 Support and revenue: Contributions and grants United W~iy allocation Governmental contracts and grants Program services Investment income Realized gain (loss) on investments Unrealized gain on investments Other income Expenses: Program services: ACT services Family intervention services Supporting services: General administration Fund raising Total expenses Excess (deficit) of support and revenue over expenses General Family Loan Fixed Asset Fund Fund Fund $ 314,025 225,785 255,257 71,174 23,286 (29,755) 19,767 2,892 882,431 $ $ 33,245 288 25,539 59,072 456,965 26,260 226,901 683,866 26,260 153,005 247 36,531 - 189,536 247 873,402 26.507 $ 9~029 $ 32,565 Total $ 314,025 225,785 255,257 71,174 56,531 (29,467) 45,306 593 3.485 593 942,096 15,306 498,531 13,531 240.432 28,837 738,963 7,685 160,937 - 36.531 7,685 197,468 36.522 936.431 $ (35,929) $ 5.665 See Notes to Financial Statements. ro 0 z .< © ¥ CEAP REVENUE I.INE ri'EM BUDGET FY96 FAMILY SENIOR SERVICES SERVICES TOTAL INDIVIDUAL CHURCHES BUSINESSES ORGANIZATIONS SCHOOL DISTRICTS TOTAL COMMUNITY SUPPORT I-IANDYWORKS TOTAL PROGRAM FEES $39,557. $10,443 $50,000 $100,000 $20,000 $120,000 $32,000 $3,000 $35,000 $46,674 $0 $46,674 $35,000 $0 $35,000 $253,231 $33,443 $286,674 $0 $47,000 $4%000 $0 $500 $50O $0 $47,500 $47,500 ANOKA COUNTY ANOKA COUNTY HOMEI.ESS HENNEPIN COUNTY I-IENNEPIN COUNTY HOM~J .ESS T1TI .F. I11 HANT)YWORKS NWHHSC CDBG TOTAL GOVERN2vlENT $11,340 $11,340 $16,667 $16,667 S71,131 - , $7!,131 $15,000 S15,000 $0 $10,100 $10,100 $0 $24,000 $24,000 $23,971 $23,971 $30,000 $30,000 $20.000 $20.000 $188,109 $34,100 $222,.209 FOUNDATIONS UNTIED WAY LOAN FUNDS REPAYMENTS MISCELLANEOUS TOTAL REVENUE $140,000 $i~0,000 $177,044 $29,125 $206,169 $150,000 $150,000 $5,000 S5,000 $500 -- $500 $913.884 $144.168 Sl,058.052 SALAR_[ES (see attached sheet) FiCA MEDICA UNEMPLOYMEN7 WORKERS COMP TOTAL PAYROLL T.~-XES · CEAP DETAIL SUPPORT FOR LINE rl-ElVf BUDGET FY96 FAMILY SENIOK SERVICES SERVICES TOTAL $40%46I $56,739 $459,200 $23,813 $3,517 $27,330 $5,620 $772 $6,392 $2,045 $298 $2,343 $3,388 $378 $3,766 $34,866 $4,965 $39,831 MEDICAL $23,814 $3,070 $26,884 DISABILITY $2,985 $350 $3,335 RE~ $20,296 $2,664 $22.960 TOTAL EMPLOY'E-'EB~S $47,095 $6,084 $53,179 $3,900 $2,1 O0 $6,000 OFFICE SUPPLIES $4,250 $2,500 $6,750 POSTAGE $2,750 $1,000 $3,750 M. kI2'q-fEN.~N'CE SUPPLIES $1,000 $500 $1,500 TOTAL SUPPLIES $8,000 $4,000 $12,000 M&YD $0 $43,000 $43,000 CI'rH~STiv£A-S $12,000 $t 2,000 FOOD SHELF $25,000 $25,000 STIPENDS $13,000 $13,000 SH[ELTER/DWILI2IE S $80,000 $80,000 TRANSPORTATION $3,000 $3,000 BACK TO SCHOOL $3,000 $3,000 F.k~'vffLY LOANS $150,000 $150,000 SPECI.~L NEEDS $43,000 $43,000 TOTAL NEEDS OF PEOPLE $329,000 $43,000 $372,000 UTILITIES $6,000 $3,000 $9,000 TELEPHONE $4,400 $ t, 600 S6,000 TI:C~.SH/RECYCLING $5,000 SI,000 " $6,000 BLDG/GROU~-DS M..a32qT $2,040 $360 S2,400 FACILITY RE'NY.kL $20,450 $0 $20.450 TOT.kL OC CT..JT.~N'C y $37,890 $5,960 $43,850 £TAFF DEVELOPNIE'NT Fc.q~.NT!-_ u,-R.E, E Q UTP ,.N '~2NT Ti?3.VEL, $T-~-rF/VOLUN-fE-ERZ VOLL~-r'EER tLECOGNTI'ION C O i:',!x fb~'i C ATI O ..N' S DUE $/~ERSE!P S LN-SUR_a2h'CE DEPRECL~,T!ON E, rI'EREST MISCELI_kN-EOUS $6,500 51,000 $7,500 $3,500 Sl,500 $5,000 $4,500 $1,500 S6,000 $3,000 $2,000 S5,000 $3,500 51,500 $5,000 $1,500 $500 $2,000 S5,000 S2,500 $7,500 $19,899 $9,700 $29,599 $1,273 $620 $1,893 $2.000 $500 $2,500 $913,884 $144,168 $1,058.052 $15 PURCHASES A WEEI( OF HOME DEUVERED 39,546 FAMILIES U~'O THE CLOTHING CLOSET IN 1994- 950 PEOPLE VOLUN~~ THEm TIME a~ II"SPECIAL PRoGRAMs"II ~NNUAL ICE ~EAM ~CML ~R THE MMIUE$ OF CE~P. ANNUAL BAC]( TO ~CHOOL I~RO~MM TG FROVIDE LOCAL tOW INCOME CHILDREN WITH SGHOOL SUPPUE£ CtrRI~TMA$ J~ROGRAM Fooo AND TOY DRIVES TO A.~Si~T PEOPLE DURING THE HOLIDAY SEASON. ;~ NORWE~ 8ANI(/Now .~PORT.~ BIKE DRIVE' ~)REVIOUSLY OWNED 811~$ ARE DONATEO AT NORWE$7 Bi4NKS AND THEN RE'~,41R~D BY NOW SPORTS. THE BII(E$ ARE OIS77trBu~ TO FAMIUE$ BY C~I~). CARE=-R WARDROBE SPECIAL PROGRAM FOR LOW INCOME WOMEN TO RECEIVE PROFESSIONAL CLOTHING TO _ HELP_THEM REACH THEM CAREER $OAL$. CITY COUNCIL LETTER Meeting of: 1/22/96 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO. ITEMS FOR CONSIDERATION PUBLIC WORKS DIRECTING THE BY: M. Winson ~:~LO B NO. CITY ENGINEER TO REQUEST A iT,/~t. I) DATE: 1/16/96 DA~FE:[/i~ "'~ ~' :ROM STATE O?E TIO S Attached are two resolutions required under Minnesota Rules 1995, State Aid Operations, for overlay projects on 39th Avenue N.E. from 5th Street to Jefferson Street and Fillmore Street from 46th Avenue to 47th Avenue. The resolutions direct the City Engineer to submit a variance request to the Commissioner of Transportation to overlay the streets without reconstructing the vertical and horizontal curves that do not have a minimum design speed of 50 kilometers per hour (31 MPH) as required by Rule 8820.9946. If the variance is approved, the City Council will be required to pass another resolution holding the State of Minnesota harmless for any claims arising out of granting the variance to reconstruct in any other manner than in accordance with Minnesota Rule 8820.9946 (Geometric Design Standards: Urban, resurfacing). RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- 18 being a Resolution directing the City Engineer to proceed with the submittal of a variance request to the Commissioner of Transportation for 39th Avenue N.E. from Station 12+68.27 to 13+31.33 RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- ! 9 being a Resolution directing the City Engineer to proceed with the submittal of a variance request to the Commissioner of Transportation for Fillmore Street N.E. from 46th Avenue to 47th Avenue at Station 35+75 to 37+75 and Station 38+07.87 to 39+66.43. MAW:jb 96-053 COUNCIL ACTION: RESOLUTION NO. 96 - 18 DIRECTING THE CITY ENGINEER TO PROCEED WITH THE SUBMITTAL OF A VARIANCE REQUEST TO THE COMMISSIONER OF TRANSPORTATION FOR 39TH AVENUE N.E. FROM STATION 12+68.27 TO 13+31.33 WHEREAS, the City wishes to overlay 39th Avenue N.E. from 5th Street to Jefferson Street and whereas, the existing horizontal curve does not meet the minimum required length for 50 kilometers per hour; and WHEREAS, the Minnesota Department of Transportation Rule 8820.9946 requires that State Aid Streets have a minimum design speed of 50 kilometers per hour and WHEREAS, State Aid Rules provide that a political subdivision may request a variance from these roles; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights; That the City Engineer be directed to submit to the Commissioner of Transportation a formal request for variance from adopted Rule 8820.9946 to permit the overlay of 39th Ave. N.E. from 5th St. to Jefferson Street with less than the minimum required horizontal curve length for 50 kilometers per hour from Station 12+68.27 to 13+31.33. Dated this ~ day of , 1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 22nd day of January, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO. 96-. ~ DIRECTING THE CITY ENGINEER TO PROCEED WITH THE SUBMITTAL OF A VARIANCE REQUEST TO THE COMMISSIONER OF TRANSPORTATION FOR FILLMORE STREET N.E. FROM 46TH AVENUE TO 47TH AVENUE AT: STATION 35+75 TO 37+75 AND STATION 38+07.87 TO 39+66.43 WHEREAS the City wishes to overlay Fillmore Street N.E. from 46th Avenue to 47th Avenue, and whereas one existing crest vertical curve and one existing horizontal curve, respectively, does not meet the minimum required length for 50 kilometers per hour WHEREAS, the Minnesota Rules for State Aid Operations, Chapter 8820.9946 requires that State Aid Streets have a minimum design speed of 50 kilometers per hour; and WHEREAS, Rules for State Aid Operations provide that a political subdivision may request a variance fro:m these rules; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights: That the City Engineer be directed to submit to the Commissioner of Transportation a formal request for variance from adopted Minnesota Rules for State Aid Operations, Chapter 8820.9946 to permit the overlay of Fillmore Street N.E. from 46th Avenue to 47th Avenue with less than the minimum required vertical and horizontal curve length for 50 kilometers per hour at Station 35+75 to 37+75 and Station 38+07.87 to 39+66.43. Dated this ~ day of , 1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 22nd day of January, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: 1/22/96 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO. ~9 I'rEMS FOR CONSIDERATION PUBLIC WORKS OTHER RESOLUTIONS/OR DINANCES ~ ?~(e ITEM: RESOLUTION APPROVING JOINT BY: M. Winson ~"~ BY: NO. POWERS AGREEMENT WITH ST. ANTHONY DATE: 1/9/96 D TRAFFIC SIGNAL AT 39TH AVE. & STINSON BLVD. ~.A,~) Attached is a resolution approving a Joint Powers Agreement between St. Anthony and Columbia Heights for the installation and maintenance of a traffic signal at 39th Avenue and Stinson Blvd. Background Currently the cities of Columbia Heights and St. Anthony have signed the intersection of 39th and Stinson as an "All-Way'.' Stop. Due to the concentration of elderly housing and the shopping opportunities in this area, this intersection is heavily used by pedestrians. There is a concern by a number of the residents in the area that the current traffic control at this intersection is inadequate to provide safer crossing of Stinson Blvd. by pedestrians. In 1991, the City initiated a project to provide some type of signalized crossing in this area. Staff has been working with St. Anthony and Mn/DOT since this time to provide this improvement. Lack of funding by the cities, the need to justify a signal and uncertainties on the future of Apache Plaza have delayed the installation of this improvement. As Stinson Blvd. is an M.S.A.S. route for both cities, State Aid funds have been available for the north and south legs of the intersection. The east leg (39th Ave. in St. Anthony) and west leg (private driveway for an apartment building in Columbia Heights) would have had to be from local funds. Recent changes in State Aid rules will allow St. Anthony to pay for the east leg with State Aid Funds and possibly allow Columbia Heights to do the same for the west. If Columbia Heights is not able to use State Aid funds for the west leg, $25,000 has been budgeted in the 1996 Street Department budget to cover this cost. The City of St. Anthony approved the attached Joint Powers Agreement at their meeting of December 6, 1995. Staff recommends that the Columbia Heights Council approve the agreement. Per a previous action of the City Council, the design for the signal is by BRW, Inc. which is doing the design for the EVP Project. Installation is expected in late spring 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/22/96 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO. PUBLIC WORKS ITEM: RESOLUTION APPROVING JOINT BY: M. Winson BY: NO. POWERS AGREEMENT WITH ST. ANTHONY DATE: 1/9/96 DATE: TRAFFIC SIGNAL AT 39TH AVE. & STINSON BLVD. Page 2 - Continued The estimated cost to install the signal is $106,200.00. Both cities will contract with Ramsey County to maintain the signal. Maintenance costs will be eligible for reimbursement through the State Aid maintenance funds. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 96- 20 , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- 20 , being a Resolution approving a Joint Powers Agreement between the cities of Columbia Heights and St. Anthony for the installation and maintenance of a traffic signal at 39th Avenue and Stinson Boulevard; and, authorize the Mayor and City Manager to execute the same. MAW:jb 96-036 Attachment COUNCIL ACTION: RESOLUTION 96- 20 BEING A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF ST. ANTHONY TO INSTALL A TRAFFIC CONTROL SIGNAL SYSTEM TO BE LOCATED ON STINSON BOULEVARD AT 39TH AVENUE N.E. WHEREAS, the cities of Columbia Heights and St. Anthony desire to install a traffic control signal system to be located on Stinson Boulevard at 39th Avenue N.E.; and WHEREAS, use of Minnesota State Aid Construction Funds for this project is allowed; and WHEREAS, both parties agree to participate in the construction, maintenance and operating costs of said signal system. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Columbia Heights hereby approves the Joint Powers Agreement for the Placement, Construction and Operation of a Traffic Control Signal System with the City of Columbia Heights and City of St. Anthony at 39th Avenue N.E. and Stinson Boulevard. Dated this ~ day of , 1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary State of Minnesota County of Anoka City of Columbia Heights CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 22nd day of January, 1996, as disclosed by the records of said City in my possession. (Seal) Deputy City Clerk JOINT POWERS AGREEMENT FOR THE PLACEMENT, CONSTRUCTION AND OPERATION OF A TRAFFIC CONTROL SIGNAL SYSTEM WITH THE CITY OF 'COLUMBIA HEIGHTS AND CITY OF ST. ANTHONY AT 39TH AVENUE N.E. AND STINSON BOULEVARD THIS AGREEMENT, made and entered into this ~'fl' day of Do::~_an~_~' , 19e~K', by and between the City of St. Anthony, a body politic and corporate under the laws for the State of Minnesota, hereinafter referred to as "St. Anthony", and the City of Columbia Heights, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Columbia Heights". WITNESSETH: WHEREAS, it is considered mutually desirable to install a traffic control signal system to be located on Stinson Boulevard at 39th Avenue N.E.; and WHEREAS, both parties have expressed willingness to participate in the construction, maintenance and operating costs of said signal system; and WHEREAS, it is contemplated that said work be carded out by the parties hereto under the provisions of Minn. Stat. 471.59. NOW, THEREFORE, IT IS HEREBY AGREED: Columbia Heights will be the lead agency. Columbia Heights shall prepare or shall cause to be prepared the necessary plans, specifications, and proposals. The plans and specifications will be submitted for approval to the City Councils of both Columbia Heights and St. Anthony. Columbia Heights shall advertise for bids for the work and construction, receive and open bids pursuant to said advertisement. Each City Council will authorize award of the bid, reserving the right to reject any and all bids and to waive any informalities in any bids received without explanation. Upon award of bid, Columbia Heights shall enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; shall administer the contract or cause the administration of the contract; and shall assure that all required engineering and inspections are carried out to install a traffic control signal system on Stinson Boulevard at 39th Avenue N.E. Such installation, as described immediately above, shall be identified and accomplished under City of Columbia Heights Project No. 9124, hereinafter referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are hereinafter referred to as the ".Plans" and are made a part of this Agreement hereof by reference. Notwithstanding anything herein to the contrary, Columbia Heights may retain consultants or other professionals to perform any or all of the responsibilities and/or duties of Columbia Heights herein. Joint Powers Agreement Columbia Heights/St. Anthony Page 2 II. The construction of this project shall be under the supervision and direction of the Columbia Heights City Engineer in accordance with the plans. However, the City of St. Anthony shall cooperate with the City Engineer and his staff at their request to the extent necessary, but will have no supervision of the work. Notwithstanding anything herein to the contrary, Columbia Heights may retain consultants or other professionals to perform any or all of the responsibilities and/or duties of Columbia Heights herein. III. Both cities agree that any license required to perform electrical work must be obtained through the Columbia Heights Inspection/Licensing Department. Electrical inspection fees shall not be made more than those established by the State Board of Electricity in the most recent recorded Electrical Inspection Fee schedule. Both parties also agree to provide all necessary permits and permission to construct said signal system at no cost. IV. Columbia Heights shall install, or cause the installation of adequate three wire, 120/240 volt, single phase, alternating current electrical power connections to the controller cabinet. The costs, if any, for the installation of the power sources, shall be shared equally by both parties. Columbia Heights shall also provide the electrical energy for the operation of the traffic control signal system to be installed. The electrical costs will be shared by both parties as stipulated in Article VIII of this Agreement. Columbia Heights will enter into appropriate contracts and will obtain appropriate payment and performance bonds and insurance for the project in accordance with all applicable laws. The estimate of the total' cost for the traffic control system, engineering, and other contract work to complete the project is $106,200. Each City Council shall approve the contract prior to its award. All records kept by each party with respect to this project shall be subject to examination by the representatives of the other parties hereto. Joint Powers Agreement Columbia Heights/St. Anthony Page 3 Columbia Heights shall be the only party authorized to revise, by addition or deletion, or alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, any change in the plans for the project shall require the written consent of St. Anthony. Upon completion of the work, Columbia Heights shall maintain and repair or cause the maintenance and repair of said traffic control system. St. Anthony shall reimburse Columbia Heights for fifty percent (50%) of the electrical and maintenance costs reasonably necessary for the traffic control signal system located on Stinson Boulevard N.E. at 39th Avenue N.E., so long as such costs are paid in full by Columbia Heights. It shall be the responsibility of Columbia Heights to invoice St. Anthony for the aforestated reimbursements together with information reasonably necessary to support the invoiced mounts. Reimbursements shall be remitted to Columbia Heights within thirty (30) days of receipt of said invoices. Columbia Heights and St. Anthony each hereby agree to indemnify and hold harmless the other and its Council Members and employees against all claims, demands, and actions, and all related costs and expenses (including attorney's fees) for any injury, death, disability or illness of any person or damage to property, arising out of work on the project conducted by the employees of the indemnifying party. Columbia Heights and St. Anthony shall require all contractors for the project to include a provision indemnifying Columbia Heights and St. Anthony and their Council Members and employees against all claims, demands, and actions, and all related costs and expenses (including attorney's fees) for injury, death, disability or illness of any person, or damage to property, arising out of the work on the project by the contractor or its subcontractors. Columbia Heights and St. Anthony will further require all contracts to include appropriate liability insurance protecting both Columbia Heights and St. Anthony and insuring the indemnification of both cities by the contractors. Joint Powers Agreement Columbia Heights/St. Anthony Page 4 Xo It is further agreed that any and all employees of either party of this Agreement and all other persons engaged by that party in the performance of any work or services required or provided herein to be performed by that party shall not be considered employees of the other party, and that any and all claims that may or might arise under Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any' act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the other party. In the event that the parties to this Agreement are unable to obtain Municipal State Aid Funding to cover all eligible costs associated with the construction of the project, this project may be abandoned and this Agreement may be nullified by 14 day's written notice by either party to the other. No expenditure shall be authorized nor shall the project begin until such time that Municipal State Aid funding is obtained or authorized. Notwithstanding any provisions of this Agreement in the event that sufficient Municipal State Aid Funding is not obtained, any expenses incurred or authorized by either party shall be the sole responsibility of the party authorizing the sallie. Each party agrees to grant to the other party and its employees or agents the right to the use of any and all public easements for the purpose to enter, construct, and/or maintain the project. XIII. If one or more of the provisions contained in this Agreement shall, for any reason be held to be invalid, illegal or unenforceable, such invalidity or illegality shall not affect any other provisions of this Agreement; this Agreement shall be constructed as if such invalid, illegal or unenforceable provision had never been contained herein. XIV. This Agreement constitutes the entire integrated Agreement between the parties hereto, and cancels and supersedes all prior negotiations, either written or oral, with respect to the subject matter hereof. Joint Powers Agreement Columbia Heights/St. Anthony Page 5 IN TESTIMONY WHEREOF', the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ST. ANTHONY Clarence Ranallo, Mayor Mike'~lomson, City Manager CITY OF COLUMBIA HEIGHTS Joseph Sturdevant, Sr., Mayor APPROVED AS TO FORM: Patrick Hentges, City Manager City Attorney 0 0 w ~JJ ~JJ Z 0 O0 0 0 0 o Z W CITY COUNCIL LETTER Meeting of: 1/22/96 AGENDA SECTIOI~? ORIGINATING DEPARTMENT: CITY MANAGER NO. ITEMS FOR CONSIDERATION PUBLIC WORKS 7 BID CONSIDERATIONS ~--0 ~4~t ~/O ITEM: AUTHORIZATION TO PURCHASE BY: M. Winson BY: NO. PICKUP TO REPLACE UNIT #305 7, ~ l) DATE: 1/0/0S DAT~: i/lo Staff is requesting authorization to purchase a pickup truck off the Hennepin County Contract to replace unit #305, Shop pickup. Background Unit #305 is a 1977 Ford F270 pickup with utility box and hoist. The vehicle is used by the Central Garage personnel to do repairs in the field and, as necessary, pick up parts. The vehicle has over 62,000 miles. Although the vehicle does not travel many miles on an annual basis, repairs and maintenance over the last three years have cost $4,100 due to the age of the vehicle. In the Central Garage Capital Equipment Replacement Fund budget is $25,000 for replacement of this vehicle. A 1996 Ford F250 3/4 ton pickup can be purchased off the Hennepin County Contract for $14,600 plus tax. A suitable service body will still need to be purchased and it is expected that this will cost approximately $5,500. RECOMMENDED MOTION: Move to authorize the purchase of a 1996 Ford F250 3/4 ton pickup from the Hennepin County Contract #3579C5-232 for $14,600 plus tax, funding from Fund 434-49950-5150; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MAW:jb 96-040 COUNCIL ACTION: CAPITAL EQUIPMENT PURCHASE JUSTIFICATION 1. Item to purchase: Pickup Truck 2. New; or Replace: 3. If replace, present equipment data: 3A. Make: Ford F270 X for #305 3B. Year purchased: 3C. Purchased new? 3D. Original Cost: 1977 X or Used? $ 6,027 3E. Estimated hours/days used per year: 3F. Engine hours used per year if known: 3G. Repair history: Labor cost past 36 months: Parts cost past 36 months: $2,360 $1,760 260 days $0.7429/mile $ 0.30 Number of days down time past 36 months: 3H. Operating cost per mile (or other unit of measure): 4. Proposed new equipment to replace item described in ~3 above: 4A. Estimated cost of item: $ 14,600 + tax 4B. Budgeted money: $ 25,000 4C. Where is the money budgeted? Central Garage-Capital Equipment Replacement Department name: Department line item: 434-49950-5150 4D. Estimated operating cost per mile (or other unit of measure): 4E. "Features" on new unit that are not on present equipment: a. Improved Kas mileage b. Reduction in maintenance cost. c. 4F. What are the advantages or cost savinngs of the new features: 5. If first-time purchase: SA. Purpose of new item: 5B. How is this work presently being done? 5C. Cost of doing the task now? SD. Cost of doing the task if new item is purchased? 5E. Estimated operating cost of proposed new item (per mile or other unit of measure: 5F. Life expectancy of new item: 5G. Where will new item be stored? Is there space available? 6. Person's name making request and providing data: Public Works Director Mark Winson, 7. Date proposed to City Manager: 8. Date reviewed at Council York Session: 9. Date authorized to take bids: 10. Date of bid opening: 11. Date of Council to purchase: 12. Council action: 13. City Manager's review notes: SWA/bj 031892 CITY COUNCIL LETTER Meeting of: 1/22/96 I AGENDA SECTION ~[ ORIGINATING DEPARTMENT: CITY MANAGER NO. 7 ITEMS FOR CONSIDERATION'f PUBLIC WORKS ~t)~' ,~ BID CONSIDERATIONS 4~,,) D(~i~ ITEM: AUTHORIZATION TO ENTER INTO A BY: M. Winson BY: ~(,// 14 NO. oILPURCHASEDIsTRIBUToRAGREEMENT FOR AN 7, ~) DATE: 1/9/96 DATE: I / [ ~ Staff is requesting authorization to enter into a purchase agreement for a replacement of the City's oil distributor. Background The City currently owns a 1941 Oil Distributor (1500 gallon tank, heater, etc.) on a 1971 Ford F750 chassis. This equipment is used to pick up tack oil at the refinery in Pine Island. During paving operations the equipment is used to spread tack oil before overlaying and has been used to spread tack oil for large scale skin patching. Most often it is used to store tack oil for use by the pothole patcher equipment which only has a 500 gallon tank. On September 28, 1995, while transferring oil to the pothole patcher, an explosion occurred in the oil distributor tank, slightly injuring three employees and damaging the tank. Due to the age of the tank, it would not be cost effective to repair it. The availability of tack oil is critical to the Street Department's patching operation. Using the pothole patcher for transporting tack oil would require approximately 10 trips a season to Pine Island, a trip that takes a half day. Staff is investigating the alternatives available to provide a ready supply of this material. Alternatives being explored are the installation of a 10,000 gallon tank on site, purchase of a new distributor and chassis, purchase of a new distributor to put on the old chassis and the purchase of a used distributor and chassis as a unit. In the budget is $45,000 for replacement of this equipment. A new distributor and chassis will cost approximately $90,000. An on-site tank would cost approximately $20,000 to $25,000 but there are concerns over meeting federal and state requirements for containment and the limited amount of space available in our yard. The most cost effective strategy would appear to be purchase of used equipment. In discussions with equipment sellers, this type of used equipment is in demand across the country and stays on the market for only a short time. The ability to enter into a purchase agreement on short notice may be necessary in order to obtain this equipment. Staff is requesting authorization to enter into a purchase agreement for a used oil distributor should a suitable piece become available. Working with equipment sellers, staff could identify equipment that meets our needs and the budget constraints, personally evaluate the equipment, negotiate a purchase agreement to hold the equipment, if suitable, until final approval is obtained from the City Council. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/22/96 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO. PUBLIC WORKS ITEM: AUTHORIZATION TO ENTER INTO A BY: M. Winson BY: NO. PURCHASE AGREEMENT FOR AN DATE: 1/9/96 DATE: OIL DISTRIBUTOR Page 2 - Continued In order to retain authority by the Council on this purchase, the requested authorization is requested for only a limited time, amount is limited to the budgeted $45,000 and final approval of the purchase must be approved by the Council. It should be noted that a negotiated purchase agreement may contain a penalty clause for requiring the City to pay a fee if the equipment is not purchased. RECOMMENDED MOTION: Move to authorize the Public Works Director or his designee to enter into a purchase agreement for a used oil distributor should an acceptable distributor be located. This authority is limited to a purchase of $45,000 or less and expires on April 30, 1996. Furthermore, final purchase of the equipment is contingent on approval of the City Council. MAW:jb 96-039 COUNCIL ACTION: CITY COUNCIL LETTER Meeting off 1/22/96 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGiNATING DEPARTMENT: CITY MANAGER NO. ~7 BID CONSIDERATIONS PUBLIC WORKS ITEM: APPROVAL TO PURCHASE BY: M. Winson NO. ROAD SALT ,~, ~' ~) DATE: 1/9/96 DATE:i,/-' Staff is requesting approval for a blanket purchase order for road salt off the State Contract for the 1996 snow season. Background Each year Public Works purchases road salt through the State Contract. In the past, staff has processed individual purchase requisitions for each delivery. In order to reduce some of the paper work, staff is requesting approval of the purchase of our anticipated use for this year. It is estimated that Public Works will be purchasing 250 tons of road salt through March of 1996. Individual payment vouchers will be under the spending authority of the City Manager. Payment will be made only for material received. RECOMMENDED MOTION: Move to approve the purchase of up to 250 tons of Road Salt from Cargill, Inc. through State Contract #405492 for a total of $7,135.00 including tax, funding from Funds 101-43121-2161 and 101-43121-4395. MAW:jb 96-041 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PURCHASE I~E~.UISIT10 N Date: Dept.: Requested By: Purpose or Project Code: Vendor Name: Vendor Addre~: C',ty Mgr: FOR FINANCE DEPARTMENT USE CITY COUNCIL LETTER Meeting off 1/22/96 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO' ~7 BID CONSIDERATIONS PUBLIC WORKS ITEM: CHANGE ORDER NO. 1, LABELLE POND BY: M. Winson 3~ BY: II~/ NO. WATER QUALITY IMPROVEMENTS/..~ / /"J (1/'~ DATE: 1/11/96 DATE! ('/~ ~ PROJECT #9312 Staff is seeking approval for Change Order No. I to the contract with Park Construction for the removal of sediment from LaBelle Pond. Background On December 18, 1995, the Council awarded the contract for sediment removal at LaBelle Pond to Park Construction in the amount of $82,000. In order to get the best price, the specifications limited the ambiguities that had plagued this project in the past. Specifically, the quantity of removal was set at 10,000 cubic yards and the disposal site was specified as a site in Ham Lake. On January 3, 1996, the owner of the property in Ham Lake informed staff that he would not be able to accept the removed sediment due to potential objections to the necessary permits by his neighbors. Staff contacted Park Construction to ask for assistance in locating an alternate site. Park Construction was able to arrange for a disposal site in Coon Rapids. The site is located near 127th Avenue N.E. and Hanson Boulevard and is owned by the City of Coon Rapids. This change in site will result in additional haul time and additional costs due to grading requirements at the new disposal site. Staff has reviewed these additional costs and agrees that the contractor is due an additional $10,000 due to the change in conditions. With Change Order No. 1, the total construction will be $92,000 which is still substantially less than the second low bid which was $112,000. The budgeted amount for the project is $150,000. Staff recommends approval of Change Order No. 1. RECOMMENDED MOTION: Move to approve Change Order No. 1 to the contract with Park Construction for Project #9312, LaBelle Water Quality Improvements; and, furthermore, to authorize the Mayor and City Manager to execute Change Order No. 1. MAW:jb 96-049 COUNCIL ACTION: .TAI'I- ! [ - 17'_~, 12: I El FROP1 PAF~[.:::: COIISTR!UCT I OI'l TI] 7822875 P. 01 January 9, 1996 Mr. Mark A, Winson City of Columbia Heights 590 40th Avenue 'NE Columbia Heights MN 55421-3878 Phone 782-2882 Fax 782-2875 Re: Labelle Pond Water Quality Improvements Project No, 9312 Park Construction Project No. 1.6118 Gentlemen: Irt regards to the above referenced project, our disposal site will be in the Ci~ of Coon Rapids at Hanson Boulevard and 127th Street The additional cost to transport the material to this site instead of the site supplied by Columbia Heights is $10,000.00. Please notify me if this is acceptable to you. Sincerely, Bruce R. Carlson Project Manager BRC/Iae File: ~i'r, Park Coclstractlnn Company 7900 Bccch C;,'T:rt NE CITY COUNCIL LETTER Meetingof.' January, 22, 1996 ORIGINATING DEPARTMENT: AGENDA SECTION. CITY MANAGER NO.: ITEMS FOR CONSIDERATION APPROVAL I Library BID CONSIDERATIONS I[ ~,'~,k ITEM: Purchase and installation of ', BY: M. Rebecca Loader NO.: telecommunications equipment for ~ DATE: 1/'12/96 i automated circulation system_.~ '7. ' ' ' The Columbia Heights Public Library participates i~an automated circulation system with the Anoka County Library. The main frame computer is located in Blaine at the Library Support Services building, and all buildings are connected via dedicated telephone lines. Because of the large growth in size and volume of the system, and the addition of many public access databases the telecommunications network has reached its limit. It is currently over-loaded with data, has a reduced response time and is running on equipment (i.e. modem and multiplexor) which no longer have replacement parts available. To remedy this situation and in anticipation of additional databases being added after the 1996 upgrade to the Anoka County Library central computer, a frame relay system is being installed. It will provide a 56Kb circuit for each of Anoka County Library's buildings, the Anoka County Law Library, and the Columbia Heights Public Library. This system eliminates the existing dedicated voice grade telephone lines, modems, and multiplexors. After rejecting all bids received for the project the Anoka County Library Board authorized the purchase of the telecommunications equipment from Ameridata Corporation, which holds the State of Minnesota contract. This resulted in a large savings. Installation will be handled by the local company which has an Anoka County contract. In the 1996 budget, $5,135 has been allocated for this project. The Columbia Heights Public Library can order equipment and installation at the same contractual prices as the county. Costs will be approximately: hardware: 1 astrocom 2364 CSU/DSU $ 341 1 cisco 2511 access server $2,490 misc. cables $ 800 misc. hardware items $ 200 installation: "about" 10-12 hours at a maximum of $100/hr* $1,200 $5,031 *installation will be on an "actual worked" basis: if it only takes five hours and a technician who makes $60.00/hour can do the job, the library will be billed accordingly. The surplus multiplexor can be sold at a to-be-negotiated price to the Scott/Carver Library as a back-up to their system. The modem will be retained by the library for possible future use. Staff is recommending two motions: RECOMMENDED MOTION: Move to purchase and install telecommunications hardware necessary to implement a frame relay system from the Anoka County Library based on available State and County contract prices; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. RECOMMENDED MOTION: Move to authorize sale of the library's 16-port multiplexor to the Scott/Carver Library. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 22, 1996 ITEMS FOR CONSIDERATION AGENDA SECTION: [ORIGINATING DEPARTMENT NO. 7 BID CONSIDERATIONS I POLICE )l January 18, ITEM: Purchase of Replacement BY: 1996 NO. Light Bars '~?, .~, 6. DATE:Thomas M. Johnsonhlk CITY MANAGER APPROVAL: As noted in prior years, the life expectancy of the light bars were overrated and serious failures began several years earlier than anticipated. For budgeting purposes, that issue was taken into account. Last year we replaced three old Federal Jetsonic light bars with new units. This year we are requesting the replacement of an additional three units to replace light bars that were purchased in the mid-80's. Repairs have increased with these older bars and reliability suffers. Failures with the old equipment also can represent a danger to our officers and the motoring public. With the Council's permission, replacement light bars will be the Federal "Streethawk" light bar to match the present newer units currently in use. With informal price requests from local suppliers, we found Uniforms Unlimited of Minneapolis to have the lowest price for the model unit we wish to purchase. This purchase price is $945 each. The total purchase price will be $2,835.00 plus tax. Ample funds are budgeted for this purchase in the police capital equipment replacement fund. RECOMMENDED MOTION: "Move to authorize the purchase of three Federal "Streethawk" light bars from Uniforms Unlimited of Minneapolis for a total price of $2,835 with funds budgeted in the Police Department capital equipment replacement fund 431-42100-5180 and payment of sales tax from account 101-42100-4395, and that the Mayor and City Manager are authorized to issue payment for the purchase." TMJ:mld 96-022 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 Other Business CITY MANAGER'S APPRI~V~A~ ITEM: FIRST COMMUNITY CREDIT UNION CAR BY: P. HENTGES BY: [ ~ NO: ~ CONDITIONAL USE DATE: 1-18-96 DATE:~f" The Planning Commission denied the Conditional Use Permit request of First Community Credit Union for the ongoing use of their parking lot to sell and display automobiles. The City Manager has discussed this matter with Credit Union officials and feels the City Council should have an opportunity to discuss the matter further with the Credit Union officials. At this time, I am recommending that the item be placed on the regular agenda for introduction, but ultimately be referred to work session in order to allow the Credit Union and City Council to fully explore the pros and cons of allowing the sale and display of a limited amount of automobiles in conjunction with their bank and lending activities. If I may take the opportunity to editorialize on this issue, it is my opinion that the City's inability to work out solutions to these types of business-related problems and/or plays a major role in depicting the community as "anti-business", despite the fact that our Council actually has been very progressive in attracting or providing redevelopment opportunities for business. I know the Council is committed in organizing an economic development effort of the City. But, unless the City addresses issues such as the Credit Union problem in a "solution- oriented" manner, or ceases to overregulate business in terms of licensing, then the pro- active efforts of a business or economic development program will be futile. RECOMMENDED MOTION: Move to table reconsideration of a Conditional Use Permit for First Community Credit Union and refer the same to the January 29, 1996, work session for further discussion. COUNCIL ACTION: PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 9, 1996 PAGE 1 The Planning and Zoning Commission meeting of January 9, 1996 was called to order at 7:00 p.m. by Chair Marlaine Szurek. Members present were Paulson, Fowler, Peterson and Szurek. Commissioner Larson was not in attendance. Also present were Tine Goodroad (Zoning Coordinator) and Jim Hoeft (City Attorney). Motion by Fowler, seconded by Paulson, to approve the minutes from the meeting of December 5, 1995 as presented in writing. Roll Call: All Ayes. City Council representative Don Jolly was present to highlite the monthly value for January that is part of the Values First Program. The value for the month of January is "respect". The definition of respect as chosen by the values group is "showing consideration for self, others and property, displaying courtesy to others, being kind and understanding to others, getting to know new people, and being a good listener". Mr. Jolly explained that, as a member of the committee and the City Council, he will be visiting with each Commission of the City during the month of January to encourage the promotion of the value of respect within our community and our lives. He distributed a pamphlet and flyer regarding the values program. NEW BUSINESS: Petitions, letter and requests. AD Public Hearing Conditional Use Permit Case #9601-01 First Community Credit Union 843 N.E. 40th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of the First Community Credit Union for a Conditional Use Permit to allow the operation of a permanent car sales lot at 843 N.E. 40th Avenue with up to five (5) vehicles on display in their north parking lot area. She informed the Commission that Rick Lange, President of FCCU, submitted a letter to staff stating that he wants to provide the service of helping members sell and purchase vehicles. Ms. Goodroad informed the Commission that this property is located in the Central Business District where new or used car sales lots are not a permitted use. The only district where a car sales lot is allowed is in the Retail Business District with a Conditional Use Permit and with a minimum of three acres of land area. Auto sales are also a permitted use in the "1-2", Industrial District. Ms. Goodroad explained that the FCCU has received a Conditional Use Permit for the operation of a two-day car sales promotion that has occurred twice a year for the last two years. In October of 1995 the Commission approved the two-day car sales promotion for Credit Union "members only" and this approval was to allow no more than two, 2-day car sales per year for members only provided that alterations to the site PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, 1996 PAGE 2 plan submitted are not made during future sales and that an application fee would be paid yearly to the City and that the City be notified thirty {30) days in advance of each sale. When the Conditional Use Permit was granted, it was based on Section 9.112(2)(c) of the Central Business District Section of the Zoning Ordinance which allows open sales lots with a Conditional Use Permit provided that: 1. The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. 2. The assembly, repair or manufacture of goods shall not occur within an open sales lot. 3, If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location. 4. There is located thereon a building devoted to and used in such use which is at least as large in floor area as such occupation and use. Ms. Goodroad stated that it was her belief that this section was not intended to be applied to a permanent car sales lot. She felt that the Central Business District should be mostly retail sales and service based businesses and would not be an appropriate area or district for a car sales lot. She stated that staff was initially directed to find a way to allow the Credit Union to have their two-day sale and that this section was the only way it could be allowed. In her opinion, a two-day car sale promotion is very different from allowing a permanent, on-going car sales lot. She informed the Commission that the Credit Union began selling cars on the lot on a daily basis in November, one month after their approved two-day sale, and have had the cars for sale on the lot ever since. She stated that she had conversations with Mr. Lange and asked that the vehicles be removed from the lot until the issue could be resolved. The FCCU has had advertising for their "Fleet Department" in flyers and on banking receipts. Ms Goodroad explained that a person on staff in their Fleet Department operates in the same manner as a car dealer. She stated that, in a discussion with him, it was discovered by Staff, that purchasers do not necessarily have to be members of the Credit Union. However, the Credit Union most certainly would like to provide the financing for the purchase. Ms. Goodroad stated that she had spoken to the Department of Commerce about whether this type of business would require a state license. The Dept. of Commerce would not require a state license if the sales were determined to be a part of the normal business operation, meaning, the vehicles that were to be sold would be repossessed by the Credit Union. However, if the cars are being sold outright or on consignment, they would be considered a dealer and would have to be licensed by the State. She also informed the Commission that the City of Columbia Heights also has a license requirement for car sales lots. She stated that the Credit Union did not have a State license in their name nor a City license for car sales. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, 1996 PAGE 3 Ms. Goodroad informed the Commission that correspondence had been sent to the Credit Union in the past regarding automotive sales at their site. It was explained to them that auto sales are not an allowed use and that Section 9.116(2)(a) of the Parking Ordinance states "existing off-street parking and loading spaces shall not be reduced in number unless the existing amount of parking spaces exceed what is required". She also informed the Commission that Section 9.116(2)(m) of the Parking Ordinance states "Use of parking areas: Required off-street parking spaces in all districts shall not be used for open storage of goods such as boats, camp trailers, winter fish houses, semi-trailers, construction equipment or for the storage of vehicles which are inoperable, for sale or for rent". According to these sections, using the lot for the sale of vehicles continuously as the Credit Union is doing is a violation of the City Ordinances. In addition, she felt that this type of use would not meet the requirement for.the Central Business District in which it is located and would set a precedent that could be detrimental to the entire city. She stated that Staff is concerned that, if the Credit Union would be allowed, to continue the car sales on a daily basis, that other banks, service stations or other businesses would be requesting the same consideration and would expect to receive the approval. Commissioner Szurek stated that she had observed the vehicles parked in the Credit Union lot. She felt the City had accomodated the Credit Union by allowing the special two-day car sales twice a year and that it had been clearly noted at the past Planning and Zoning Commission meeting when reviewing that request that car lots are not an allowed use in the Central Business District. She stated that she would not be in favor of any type of "spot zoning" to accomodate such a business as that is not good planning practice. Rick Lange, President of First Community Credit Union, was present. Mr. Lange stated that he must have misunderstood the telephone conversations with Ms. Goodroad and thought the car sales was allowed. He asked the Commission to make car sales an allowed use in the Central Business District to accomodate the Credit Union. He referred to the pool hall that was allowed on 40th and Central and inferred that the City made special provisions to accomodate that business. Mr. Lange stated that there was a person on staff with FCCU affiliated with Lease Management Group of Blaine that handle'd the car sale operation stating that Lease Management Group of Blaine operates as an auto broker to assist the membership of the FCCU in the purchase/lease of vehicles and carries the State required license. Mr. Lange asked why he has observed vehicles with "for sale" signs on them parked on City lots. Commissioner Paulson stated that if, as a private party, he chooses to sell his own vehicle, he may have a "for sale" sign displayed on the vehicle. In this situation where cars are parked and stationary for the intent of sale only and not to be used for transportation coupled with the fact that there is a person on Staff at the Credit Union handling vehicle sales and financing with a brokers license, it is clear this is an operation in business to sell vehicles. January 12, 1996 843 - 40th Ave. NE Columbia Heights. MN 55421 ~612! 788-7700 * 2!)E, 6 ~ ~ 1i!h Ave. NW- #6 3CCh :~'aoics. MN 55433 6' 2~ ,;23-,3900 :, '_';5.; E::s,gn Ave. '' :-~'::*. ',.ihl .55215 Tina Goodroad, Zoning Administrator City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421-3878 Re: Planning & Zoning Meeting on January 9, 1996 Dear Ms. Goodroad, Although to date we have not received any official communication regarding the status of our Conditional Use Permit - Case #9601-01, we are assuming it was denied based on the motion at the commission meeting I attended. In that regard, I will need to explain to several parties, including my Board of Directors, the exact reasons why the auto brokering activity you witnessed at our office the past couple of months is not allowed. Please assist me by providing the information and documentation that was provided to the Planning & Zoning Commissioners regarding our application, along with your interpretations. Lastly, based on your knowledge of the zoning requirements and options, if there is a way to provide an Auto Brokering Service which would include a limited number of vehicles on site for sale, would you please let us know how. Thank you. ~~<___._____._~Sincer y ~Richard Lange President RmL:me FIRST COMMUNITY , CREDIT UNION 843 - 40th Ave. NE Columbia Heights, MN 55421 (612) 788-7700 · 2996-111th Ave. NW-#6 Coon Rapids, MN 55433 (612) 323-8900 12300 Ensign Ave. Champlin, MN 55316 (612) 422-5055 November 16, 1995 Tina Goodroad Zoning Coordinator City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421-3878 Re: Letter of November 14th Dear Ms. Goodroad, First off, let me state that our Credit Union is in favor of ordinances and will do everything you feel necessary. My concern is the fact that I question if those same ordinances are not universally enforced. For example, as I review the list of businesses in the "CBD" district, I'm unable to fred how many of my fellow businesses would be allowed to operate. I do not see the following on your list: Funeral Homes Medical Clinics Auto Glass Repair Shops Auto Body Repair Shops Chain Saw Sales/Repair Stores Locksmith Shops Dancing Schools Drivers Education Schools Churches In that regard, I will assume the list is not very inclusive or that you've issued a lot of CUP's. As to Section 9.116(2) of the Parking Ordinance, it refers to "required" off-street parking and I question if this applies to our situation as we purchased the lot North of our building as an overflow parking lot many years after opening our Credit Union office in 1985. It was not required and may not apply. All this said, Tina, if necessary, we would like to apply for a Conditional Use Permit, so that we may assist our members buy and sell their vehicles. We anticipate no more than 5 vehicles at any one time. Should you require any additional information, please contact me at 788-7700. Sincerely, Richard Lange President PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 3, 1995 PAGE 2 Public Hearing Variance Case #9510-44 Chester Mady 3919 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Mady for a variance of 100 square feet to allow additional signage on the south and west side of the building at 3919 Central Avenue, Mady's Bowl. She explained that Mr. Mady would like to utilize a pylon sign or at least a portion of a pylon sign and use over 100 square feet of wall signage on both the south and west sides of the building. The total frontage for Mady's Bowl is 100 lineal feet as his bowling alley operation extends the entire length of the building but is located in the lower level, underground. The total signage allowed for his use without a variance would be 200 square feet. It was Ms. Goodroad's opinion that his use, as with the other two uses in the building, should be considered on an individual basis with signage calculated for each use and based on the lineal frontage of each tenant space. The building use is also located 244 feet from the front lot line and this use is located in the lower level, therefore, the business is not visible from the street. She felt those two hardships would be a valid reason to grant a variance as the permitted amount of signage on the building would be inadequate. Ms. Goodroad informed the Commission that the Zoning Ordinance would not allow more than two pylon signs on one site with a minimum of fifty feet between the two signs, therefore, it would be most likely that Mr. Mady and Mr. Winter would be required to share a pylon sign as the Salvation Army pylon sign is existing. She also stated that any other pylon sign that may exist on the property would be required to be removed prior to a permit being issued for a new pylon sign. Motion by Fowler, seconded by Paulson, to recommend to the City Council the approval of the 100 square foot variance on the allowed signage for 3919 Central Avenue due to the hardship of the building being 244 feet back from the front lot line and the use being located in the lower level of the building. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE OCTOBER 9, 1995 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit Case #9510-45 First Community Credit Union 843 N.E. 40th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of the First Community Credit Union for a Conditional Use Permit to allow the operation of a two-day car sales promotion in their northernmost parking lot at 843 N.E. 40th Avenue on October 20-21, 1995 from 9:00 a.m. to 6:00 p.m. She indicated that this request is similar to the one reviewed at the March 1995 Planning and Zoning meeting except a tent would not be used at the site. Approximately 20 new and used cars are proposed to be displayed in the north side parking lot including the fourth drive-thru teller lane which will be closed to business those days. This plan would PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 3, 1995 PAGE 3 eliminate nine (9) parking spaces. Ms. Goodroad explained the site plan that indicated the parking position of the autos to be offered for sale stating that the proposed parking pattern would allow cars to be taken out for a test drive without disturbing the regular traffic flow. Currently, cars enter the Credit Union property off of Van Buren Street only and exit either on 40th Avenue or through the alley at the west end of the property. She informed the Commission that the plan the day of the sale would be to have all cars involved in the sale exit only through the fourth drive-thru lane to the alley. She stated that the eleven parking spaces in the easterly parking lot would be available for customer parking. Ms. Goodroad also informed the Commission that the Credit Union is requesting a permanent Conditional Use Permit that would allow them to have two sales promotions per year, once in the Spring and once in the Fall, without having to apply for a Conditional Use Permit each time. She stated that a permanent Conditional Use Permit would be based on an agreement that each sale would be set up and run like the current request. If anything different was planned, the Credit Union would be required to appear before the Planning and Zoning Commission for an amended Conditional Use Permit. Karen Lennox was present representing the Credit Union and stated that the sale was specifically for "Members Only" and would not be open to the general public providing some control over the situation. She informed the Commission that the March sale was very successful. Evelyn Nygaard, Building Inspector, stated that the March sale was monitored by the Police Department and had not heard of any problems that had occurred during that event. However, she felt a permanent Conditional Use Permit should be considered carefully as car sales are not an allowed use in the Central Business District. Council Representative Peterson inquired as to what type of precedent would be set in this case. Attorney Hoeft felt this type of special promotion would fit within the confines of the Zoning Code because open sales lots are permitted by Conditional Use Permit and allows the City to attach reasonable conditions to the approval. However, the consequence of granting a permanent CUP would be the loss of the 850 filing fee revenue that covers the cost of Staff time to "police" and monitor each event. As far as setting a precedent, he explained that if an applicant for a similar event can meet similar requirements of the Zoning Ordinance for that particular zoning district, then it could be allowed. Commissioner Paulson felt the City could regulate the operation for health, safety and welfare and if there was a problem, the City could step in and revoke the Conditional Use Permit. He also felt that the Credit Union should notify the City Staff at least thirty days prior to any sale of the proposed dates. Ms. Goodroad also suggested that, if the Commission was skeptical of approving a permanent CUP, the alternative could be to approve a CUP once a year for the two events that year. That way, the revenue would not be totally eliminated. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 3, 1995 PAGE 4 Motion by Paulson, seconded by Fowler, to recommend to the City Council the approval of the two-day car sales promotion for Credit Union "Members Only" in the north parking lot of 843 N.E. 40th Avenue from 9:00 a.m. to 6:00 p.m. on October 20-21, 1995 and the approval of a Conditional Use Permit to allow no more than two, 2-day car sales per year for "Members Only" provided that alternatives to the site plan submitted herein are not made during future sales, that the application fee is paid on a yearly basis prior to the sales and that the Credit Union representatives notify City Planning Staff thirty (30) days in advance of the sales dates. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE OCTOBER 9, 1995 CITY COUNCIL AGENDA. Public Hearing Cond. Use PermitlLotsplit Case #9510-46 Brian Bona 4015 N.E. 7th Street Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Bona for a Lotsplit of the property located at 4015 N.E. 7th Street legally described as Lot 20, Block 54, Columbia Heights Annex to Minneapolis, Anoka County, Mn.; together with half the vacated alley lying southerly of and adjacent to said Lot 20. She explained that the portion to be split is a 22.90 foot by 129.5 foot section of the south side of the lot. Mr. Bona plans on combining this 22.90 portion with the property located at 573 N.E. 40th Avenue where his service station is located. She stated that Mr. Bona owns both properties and plans on using this new area for parking vehicles for his service station business. As shown on the survey document presented, the 22.90 portion is to be split as proposed Tract B and that will be combined with proposed Tract C. Ms. Goodroad stated that Section 9.108(2)(b) of the R-2 Section of the Zoning Ordinance requires a Conditional Use Permit for off-street parking when the proposed lot for such off-street parking is located in any block or area which is zoned, used, or otherwise permitted for any non-residential use or uses and abuts on a lot or parcel which is in a "B" or "1" District and is in the same ownership or control as the land in the "B" or 'T' District and subject to those conditions set forth in Section 9.116(4) herein and such other conditions as may be found necessary by the City Council to carry out the intent of this Ordinance, and providing that such lot or parcel is not located between two abutting residential uses, and provided that such off-street parking is restricted to an area for a distance from the abutting edge of the "B" or 'T' District equal to the combined widths of three continuous platted lots or 150 feet, whichever is greater; and no public street divides such parking area". Ms. Goodroad informed the Commission that Mr. Bona had submitted a site plan where he drew in the parking area he currently has and the additional space acquired by the proposed lot split. The additional space would create eight additional parking spaces. Mr. Bona indicated that he would not be widening the curb cut on the west side of the property on 7th Street and that he will completely surface the additional area with blacktop and install a new fence along the new property line between the house and service station. Ms. Goodroad felt that the fence should be extended along the west and east property line approximately 23 feet where the parking area will abut the residential area. Unfortunately, Mr. Bona will LICENSE ORDINANCE SECTION S.207 (1) MO?OR VEHICLE SALES No person shall engage tn er conduct business ·s a dealer in ney or used not~ vehicles ~n the City ~r~thout · license issued puT·usnr to the provisions of this chapter, So207 (2) $.207 (3) For purposes of this section, motor vehicle shall include auto~obiles, motorcycles, sno~noblles ·nd t'tucks° No licensee under this ~ection shall store a~7 notor vehicles on any public street in the CitT. 5.207 (6) £ve:T licensee under this section shall be governed b7 the following teGulatio~.s relating to consumer transactions: a) Each licensee or his agent er e~ployee, shall &t the time of any sale give to the purchaser of · motor vehicle a ~rtitten statement si&ned by the licensee or his salesnan or. agent, sho~inG the ri&ne of the licensee &nd his address, the ri&me of the person making the sale, the date of the sale, the license number, if available, and the serial nu~be: of such motor vehicle, the puT- chase price, ·nd vhether in cash o~ on credit ter~s. If any licensee shall knowingly sell · notorvehicle vhich is subject to a ~ortgaGe, lien or payments, the licensee shall state in ~ritin& to the purchaser the a~ount of such s~rtGaGe, lien or payments, and the name and address of the holder or ~wner of such a mortgage, lien ~r other indebtedness, b) Each licensee er his agent er e~loyee, who sells a notor vehicle directly er indirectly ~n credit shall disclose to the person purchasin& such notor~ehicle all charges payable directly er indirectly by the person to vho~ the credit is extended tncludin& the ~uterest, t~e price differe~t~a~, or a~y mnount payable tmder · eyste~ of additional charges; any service charge, loan fee, f~ders fee, cou~ssion, rebate or eL~Llar charge; any identification or credit report fee or any -134- 5.207 (&) c) con~inued premium or other charge ~or life, accident, health or other insurance, inc~udint co~lssion or ~ebate. ~o licensee or his agent or employee shall obtain the stKnature of a purchaser to any blank con~rac~ bill of sale, or o~her ~ritin~ o~ m~mo~&ndumTe%a~n~ to the sale of motor vehicles. d) ~o licensee or his agent or employee shall sell · used notor vehicle intended for use upon the public used moto~ vehicle co~plies vith the requirements of Minnesota Statutes,Chapter 169, e) ~o licensee or his agent or employee shall change, set back, disconnect, or fail to connect any odometer of any used motor vehicle for the purpose of effectinG the sale of such used motor vehicle, unless the odometer reading has been turned back to zero. f) The licensee or ~is agent or employee shall furnish upon request from a prospective purchaser, the na~e of the previous ovner of a~y used motor vehicle offered for sale. The licensee or his agent or employee shall sell only ~otor vehicles for vhich the licensee has registered title. The licensee or his agent or employee shall no~ transfer title of ·r~ motor vehicle from any seller directl7 to any purchaser. ~o licensee or his agent or employee shall subsequent to the ti~e of sale, substitute any part of · motor vehicle vithout the approval of the purchaser. 5.207 The'Cou~ctl~aT~evoke, suspend, or take such ocher action to restrict the privi%edGes of the licensee as it ~ay determine upon · shoving tha~ the licensee or his &Gent or employees knovinG~Yviolated any provision o~ this section. -!35- CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Jo,;eph Sturdevant Councilraembers Donald G. Jolly Bruce G. Nawrocki GaD' L. Peterson Robert W. Ruettimam~ Cit) .Manager Patrick Hentges February l4, 1995 First Community Credit Union Arm: Lisa 843 N.E. 40th Avenue Columbia Heights, Mn. 55421 Dear Lisa: This letter is in response to your inquiry on behalf of the Credit Union on whether sales of automotive vehicles would be permitted on your lot for a future promotion in April of this year. First Community Credit Union is located within the CBD, Central Business District. Automotive sales is not an allowed use in that zoning district. Section 9.116(2)(a) of the Parking Ordinance states "Existing off-street parking and loading spaces shall not be reduced in number unless the existing amount of parking spaces exceed what is required'. This section means that you may not utilize the required parking spaces for any other use other than for parking of customers vehicles utilizing the Credit Union. Section 9.116(2)(m) of the Parking Ordinance states "Use of Parking Areas: Required off-street parking spaces in all districts shall not be used for open storage of goods such as boats, camp trailers, winter fish houses, semi-trailers, construction equipment or for the storage of vehicles which are inoperable, for sale or for rent'. It has also been noted that the Credit Union is displaying the use of temporary signage in the form of banners. Please refer to the attached copy of a letter that was sent to your facility in March of 1994 regarding the regulations pertaining to the use of temporary signage. Please remove all your temporary signage until the appropriate measures have been taken to secure a permit for their use. As you can see by the information included in this letter, your request for a special promotion of auto sales from your property at 843 N.E. 40th Avenue is not allowed by the City Zoning Ordinance. If you have any additional questions, you may contact this office at 782-2818. Sincerely, Evelyn Nygaard ~'' Building/Zoning Administrator EN/kp enc. cc: P. Hentges, C:ity Manager "SERVICE IS OUR BUSINE~% E,5, UZL ~P~-:CPTL;";~T' E'.?LC,','EF THE CITY OF COLUMB',.A HE,GriTS DOES 'iQ"' OF DISABILITY ~fl EMPLC'~MFNT ,:~ -~,E 'I CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 November 14, 1995 Mayor Jo~,eph Sturdcx ant Councilmember:, Donald G..l,qlx Bruce G. Xax~rock~ Oarx L. Pctcr-,m Mr. Rick Lang First Community Credit Union 843 40th Avenue NE Columbia Heights, MN 55421 Dear Mr. Lang: This letter is in response to our conversation last week regarding whether automobile sales is a Cit~ Mann,, ' ~St~IIIllttt::U use on your lot. Patrick HcnGc- First Community Credit Union is located within the Central Business District, CBD. Automotive sales is not an allowed use in that zoning district as you can see from the enclosed copy of the CBD ordinance. Automotive sales, both new and used is permitted in the Retail Business (RB) zone provided the site has a minimum of three acres. The KB ordinance is also enclosed for your review. Section 9.116 (2) (m) of the Parking Ordinance states "Use of parking areas: required off-street parking spaces in all districts shall not be used for open storage of goods such as boats, camp trailers, winter fish houses, semi-trailers, construction equipment or for the storage of vehicles which are inoperable, for sale or for rent?' As you know, the Planning and Zoning Commission and City Council has approved a Conditional Use Permit (CLIP) to allow a two-day car sales to be held at the Credit Union. This past October a CUP was approved for your sale that was held on October 20-21, 1995. This CLIP was made permanent but only for no more than two car sales per year for members only each year thereafter. The City must also receive notice from the Credit Union 30-days before each sale and receive a $50.00 fee at the beginning of each year to cover the two sales per year promotion. As you can see by the information included in this letter used car sales is not a permitted use in this district. The only way I see that cars can be left on your lot for sales purposes is if the Planning and Zoning Commission approved a CUP to allow it beyond your two sales per year for a limited number of vehicles. Without it being an allowed use staff cannot approve it. If you want to request a CLIP please respond immediately so I can put your request on the agenda. The commission only meets once a month, the first Tuesday of every month. Please also remove the for sale signs from the vehicles until this issue has been resolved. Thank you for your cooperation. Sin?rely, ~ 1 /~ I_ / · ._~.. - .,5- 5 (_- Tina Goodroad Zoning Coordinator DElve. 7Wtu Da l:e FILING FEE:'$ 25.00 ~ ~' BUILDING INSPECTION DEPARTHENT /_~X/o~ ~2- - BOARD OF APPEALS APPLICATION FOR HEARING ~ner Appel lants STATEHENT: It is requested that the Columbla Heights Appeals Board schedule a hearing on an appeal from the decision of the ~ Department to: This .ppeal is based on the follo, ln~ f. ctors: .Sig,.r~ure of Appellant Received by: Inspection Activity Report Inspection Date: 10-05-1995 Columbia Heights Fire Department 555 Mill Street N.E. Columbia Heights, MN 55421 Date: 10-18-1995 TO: KURVERS, JAY M. 4102 6TH STREET NE COLUMBIA HEIGHTS, MN 55421 COMPLIANCE ORDER Date of First Inspection: Time of First Inspection: Scheduled Date of Second Inspection: Scheduled Time of Second Inspection: Property Address: 4102 6TH STREET NE Pursuant to Chapter SA, the Housing and Maintenance Code of the City Code of Columbia Heights, and inspection of the above premises was completed on ~/~ '~J~ and the following violations and/or deficiencies were noted and require corrective action: SEE VIOLATIONS LISTED BELOW Please be advised that you have forty-five (45) days to correct the violations listed on the enclosed violation sheet. Additionally, please also note that the property above named has not been licensed as a rental dwelling as required by the City of Columbia Heights. Until such time as the violations listed below are corrected, you will not be issued a rental license. Further, you are prohibited by Section 5A.601 et seq. of the Columbia H~i, ghts City Code from operating an unlicensed rental dwelling. Any person, firm or corporation who violates or refuses to comply with any of the provisions of. the Housing and Maintenance Code is guilty of a misdemeanor and may be subject to a fine of not more than $700.00, not mor~ ~han n~nety (gO) days in jail or both.. Each day that a violation exists shall constitute a separat~ offense. In order to insure ynt~r prompt att~.ntion to these matters, the property above der. al]e,1 will be given a finaJ inspection on /~- bet.~e, en /~/~% //~ If the abov~ set forth items are not corrected by tho hhe dat. o of fin,}t inspection., follow~ng will occur: Yo~I will rmcr-~)w~:, ,-~ Cor,~,l~.--~n~a (]rd~r ptjr.=,,iz~n?, hn S.=ctinn 5A.5031'1) of 1-,hn r;o]tm',t";J,i hnigl",t,'~ t-¢t.v Cnda:. Code Section Insp Date Inspection Type Inspector ID/Name Follom Up Narrative of Inspector's Findings Date CITY ORDINANCE 10-05-1995 H.M.C. ANNUAL INSP. 17150 FIELD, MATTHEW D Violation Details: I...RENTAL UNIT BEDROOH WINDOW DOES NOT MEET MINIMUM EGRESSABLE SIZE OF 5.7 SQUARE FEET. 2...OVERHEAO GARAGE DOOR NEEDS FINAL PAINT APPLICATION 3...SOUTH SIDE OF GARAGE SIDING DETERIORATED 4...VOLUNTARY SCRUB GROWTH/WEEDS ALONG ALLEY NEAR POWER POLE 5...INTERIOR UNIT ENTRY DOORS O0 NOT HAVE TNUMBTURH STYLE DEADBOLT LOCKS 6...PER THE BUILDING INSPECTOR, THIS BUILDING IS NON-CONFORHING. THEY RECOHMEND DENIAL OF A RENTAL LICENSE 12-07-1995 Resolved CORRECTIVE ACTIONS REQUIRED: I...RENTAL UNIT...THE BEDROOM WINDOW MUST BE A MINIMUN OF 5.7 SQUARE FEET OF OPENABLE WINDOW. SHALL INSTALL PROPER EGRESS WINDOW TO BEDROOH OF RENTAL UNIT. 2...SHALL PAINT THE OVERHEAD GARAGE DOOR 3...SHALL REPLACE ALL OETERIORATED SIOING ON GARAGE ANO PAINT SIDING 4...SHALL REMOVE ALL SCRUB GROWTH ANO WEEDS FROM PROPERTY 5...SHALL INSTALL OEAOBOLT LOCKS OH ALL UNIT ENTRY DOORS. THE ABOVE NOTED ITEMS, 12, 3, 4, MUST BE CORRECTED REGARDLESS OF A RENTAL LICENSE BEING ISSUEO. BECAUSE OF THE BUILDING CODES DEPAPTNENT ASSESSMENT THAT THE STRUCTURE IS NON-CONFORHING, WE MILL NOT ISSUE A RENTAL LICENSE FOR THIS STRUCTURE. THIS DECISION HAY BE APPEALED THRDUGH THE PLANNING AND ZONING CONHISSION. FDR AN APPEAL ON THIS PROPERTY, PLEASE CONTACT THE BUILDING INSPECTOR AT 7B2-2BIB. UNLESS AN APPEAL IS FILED WITHIN 45 DAYS OF RECEIPT OF THIS NOTICE, THE RENTAL PORTION OF THE STRUCTURE HUST BE VACATED. FAILURE TO VACATE WILL BE CAUSE FOR A CITATIOH TO BE ISSUED FOR OPERATING AN UNLICENSED RENTAL PROPERTY. SHOULD YOU NA'/E AmY QUESTIONS, PLEASE CA~L HE. THE ABOVE NOTED ITEMS ARE VIOLATIONS OF THE FOLLOWING HOUSING HAINTENANCE CODE SECTIOHE: CITY ORDINANCE 5A 203(1)( Violation Details: CITY ORDINANCE SA 205(1)( Violation Details: CITY ORDINANCE 5A 207(1)( 10-05-1995 H.M.C. ANNUAL INSP. SLEEPING ROOM EGRESS Mo person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (bY SLEEPING ROOH EGRESS. Sleeping rooms in buildings existing prior to this code must have window or door openings for mgress of no less than four (4) square feet or the minimum size required by the Building Code in effect when the dwelling was constructed; Space that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of egress with oponable area of no less than 5.7 square feet. 10-05-1995 N.N.C. ANNUAL INSP. , ACCESSORY STRUCTURE MAINTENANCE No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (fi ACCESSORY STRUCTURE MAINTENANCE. Accessory structures on the premises where the dwelling or dwelling unit is located shall be structurally sound eno maintained in good repair. The exterior of such structures shall be covered with decay-resistant materials such as paint or other preservatives. 10-05-1995 H.N.C. ANNUAL INSP. , SODDING, SLOPES, 8ERMS, #EEOS, MAINTENANCE No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwe!ling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this 5A.207. (bi Every yard of any premises on which a dwelling or dwelling unit is located shal! have installed and maintained landscaping in accordance with the provisions of this section: (i) SODDING AND GROUND COVER. All exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewa!ks, or patios, shall be sodded or lanOscaped with shrubs, trees, gardens, or other ornamenta! landscape maCeria!s. No lanosteped area shall be used for the parking of vehicles or stcra~e ~r dis~la~' ~f ~teriaJs, supplie~ or merchandise. (ii) ~LOPES AND BE~S. Final grades with a slope ratio of greater than three (3) to one ~)) will not be permitted w~thcut speclq! approved treatment such as sOe~ial seed mixture~ or reforestation, terracing, or (t)a), shall be made in accordance ,ith the provisions of Minnesota Statutes Chapter lB,271. Notice for eradication or control of all other leeds shall be made by certified mail to the property omner. If the omner is not in possession of the property, then a copy of the notice shall be sent to lessee, occupant, or agent of the owner of the premises. Violation Details: CITY ORDINANCE SA ~0~(~)( Violation Details: CITY ORDINANCE SA 102(1) Violation Details: CITY ORDINANCE SA 205(1)( 4.203 (4) The weed inspector, his delegated assistant, or other delegated agent of the City, shall cause the removal or other prescribed action of any leeds located on public property; or on private property, u~n expiration of the prescribed notice to the omner. 10-05-1995 N.M.C. ANNUAL INSP. , OEAOBOLT LOCKS No person shall occupy as an o.ner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating unless all exterior doors of the dlelling or dmelling unit are equipped with safe and funtioning door and mindom locks mhich comply mith the following requirements, to-wit: (b) Every door that provides ingress or egress for a dwelling unit mithin a multiple family unit shall ~ equipped mith an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a kev or any special knowledge or effort. 10-05-1995 N.H.C. ANNUAL INSP. , This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. 10-05-1995 H.).C. AHHUAL INSP. , SAFE BUILDING ELEMENTS No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wi~: SAFE BtJlLOI~G E~EHENT~. Ever? founUation, roof, floor, exterior wail, interior wa!I. c~ilin~, insioe stair, outside stair, porch, balcony and ever~ a~purtepJncE tc each of the foregc~ng shall be safe to use and capable of supporting norma~ structural loads. violation Details: CITY ORDINANCE 10-05-1995 H.M.C. ANNUAL INSP. ~A.~O~(l) U~n receipt of a properly executed application for a rental housing license, the City Hanager shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirements of the Code. Violation Details: C~TY ORDINANC[ I0-05-I995 H.H.C. ANNUAL INSP. $A.306(1) RIGHT OF APPEAL When a person to whom a Compliance Order is directed alleges that such Compliance Order is based u~n erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appea! as set forth in 6.202(1) Violation Oetails: CITY ORDINANCE 10-05-1995 H.M.C. ANNUAL INSP. 5~.$07(1) APPEAL PROCESS: The Planning and Zoning Commission shall be the Board of Appeals. All appeals shall be filed within 45 days from the date of service of Compliance Order pursuant to 5a.303(1), and upon at least five (5) business days notice to appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under $A.303(1). All appeals shall be conducted in accordance mith Sections 1201 - 1305, Uniform Housing Code, 19BS edition, International Conference of Building Officials, except as herein modified. Failure of any person to file an appeal in accordance with SA.306(1) shall constitute a waiver of his/her right to an administrative hearing and adjudication of the notice and order or to any portion thereof. Violation Oetails: Violation Oetails: CITY ORDINANCE SEC.3 4.2 retaining ,elis. Berming used to provide required screening of parking lot~ and other open areas shall not have slopes in excess of three (3) to one (l). (iii) MAINTENANCE. Any dead trees, shrubs, ground covers, and sodding shall be replaced in accordance mith this code. All'trees or other vegetaion mhich spring up in crevices by foundations must ~ promptly removed to avoid structural damage. (iv) PLACEMENT OF PLANT MATERIALS. No landscaping shal! be allomed mithin any drainage utility easements, road right-of-may, or immediately adjacent to any drivemay or road intersection if such landscaping mould interfere mith a motorist's viem of the street or roadNay or m[th the use of the easement for its intended pur~se. (v) #EEDS. The maintenance and upkeep of all lamns and yards shall be subiect to Chapter 4, Article II, Section 3 of the Columbia Heights City Code, mhich is incorporated herein by reference. 10-05-I99S H.M.C. ANNUAl INSP. , TALL GRASS - NEEDS 4,203 ([) The Heed inspector or his delegated assistant may inspect premises and places Nithin the City for the presence of meeds, as defined helD,: The teri 'meeds' as used in this Code shall include: a) noxious meeds enumerated by Minnesota OepartIent of Agriculture, Rules and Regulations, as aimended October lO, 19?q. b) any other uncultivated or uncontrolled meed gromth, mhich have gone or are about to go to seed, such as seconddary meeds enumerated by Minnesota Department of Agriculture, Rules and Regulations, a5 ammended October lO, 1974. c) any tall ~eed$ or grass groNing upon any lot or parcel of ]and in the City to a height greater than nine inches (9'). d) such other vegetation as the Counci! shall, froI time to time, designate by Resolution. 4.~03 (2) The Heed inspector or his delegated assistant shall notify the affected property omner that meeds Nhich are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. a) The notification shall require abatement of the meeds, or other prescribed action, ~ithin ten (lO~ day~ from the date of mailing notice. bl The notific~tio~ snail state that the City ,ill take appropriate remldiaJ action tc ~radicate or control the Heeds upon expiration of said t~n (lO) drys, wltn a charge to the property o~ner for costs. 4.20Z ($) Eradication notice for noxious meeds, as described by 4.203 c) If all the violations are not corrected you will be assessed a re-inspection fee in the amount of $~ ,,. For further assistance please contact the Enforcement Officer at 782-2835 weekdays between 8:00 a.m. and 4:30 p.m. Signature of Enforcement Officer CITY OF COLUMBIA AppXlcation ~or~ iezonins Variance Privacy Fence Conditional Use Permit T Subdivision Approval Site Plan Approval Other Application Date, December 6, 199j ~. St~iet &ddreIs oE Subject Property~ '~1 e.~ni-~lA~e. ColuJabia He±Rhts, Applicant~ Name~ b~-], Inc. Address: 600 S. Hi2hway 169, Suite %414 i. linneapolis, ~ 55426 Phone: Description of Request: Na~e~Gould Investors L.D. c/o Tim Bloom Address~ CB ~gmmercial Real Estate Gr¥ 7760 France Ave So Phone: B!oonin~ton. i,R~ 55435 # 924-4621 Special ~se Permit and Planning Commission Approval ~oninR: Applicable City Ordinance Number Present Zoning Present Use Restaurant Section Proposed Zoning Proposed Use Restaurant 7. Reason for Request~ ,roposes lease for a restaurant Exhibits Submitted (~aps. diasra~s, etc.) -Full set of a proto-type fzee stanH~n~ restaurant building, - Reduced schematic floorplans, - Site plan sho?~ing traffic fo call ahead, pick-up windo~. Acknowledgment and StRnature: The undersigned hereby zepre~ente upon all of the penalties of law, for the purpose of inducing the City of Columbia Bei~hts to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance wi~h the Ordinances of the City of Columbia Beights and the aws of the State nnesota. Signature of Applicant,_ ~J~ ~~,/~-~ Date'--) * · Taken BT: Michael Schuster Associates 316 West Fourth Street Cincinnati. Ohio t5202 (513)211-5666 Fax (513)2tl-0978 bw-,.3 Grill & Pub Prototype Building ..... : ....... ® Michael Schuster Associates 316 West Fourth Street Cincinnati. Oh/o '15202 (513)2'H-5666 Fax (513)2~1-0978 bw-3 G:till & Pub ~ototy~ B~ bw-3, Inc. Summary of Site Plan Driveway Measurements Inches Feet Distance from Building to south edge of IProperty Line 1-1/2" 45 Less: Parking -9 less :Driveway -12 Space available for Drive-up Window drive way 24 Note: The Ponderosa site plan parking spaces are not drawn to scale. CITY OF COLUMBIA HEIOHTS ~pplication Forz Rezoning Application Date, Variance ~ Privacy Fence Case No, Conditional Use Permit × Subdivision Approval " Fee, $50.00 Site Plan Approval , Other Receipt No, Street Address of Subject Property, 4300 Central Avenue N.E. 2. Legal Description of Subject Property, Applicant Ovner ~ Phone Conditional Use Permit Description of Request: Zonint= Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use 7. Reason for Request: to allow the'operation of a temporary mini qarden center in easterly portion of the parkin~ lot from ~)~.k~,_.~--~f~)~.t~,~ ~o ~ ~ . ~L 8. EE, ibtts submitted (,spa, diagrams, etc.). %~ Acknovled~ment and St~naturez The underetgned hereby represent~ upon all of the ' penalties of law, for th~ p,~rpose of tnducin~ 'the City of Columbia ~etshts to take the action herein requested, that all state.,ents herei, n are t~e and that all york herein mentioned will be d~~E~nce ,~h ~he Ordinances of the City of Columbia Hetshts and the la~s of the~t.~te of Mi~eso;a~ Nil ~ Signature of Applicant, ~~~ , '~ - , ;~I WHOLESALE GREENHOUSES CORPORATE OFFICE 275 W. Wheelock Pkwy. St. Paul, Minn. 5511 7 612-488-6717 RETAIL GARDEN CENTER 270 W. Larpenteur Ave. St. Paul, Minn. 55117 612-488-1927 FAX 488-5726 License/Permit Clerk City of Columbia Heights 590 40th Ave NE. Columbia Heights, MN 55421-2800 Dcccmb~ 13, 1995 Attachcd to this lcttcr is my application for thc 1996 Lindcr's Flower Mart at thc Central Value Mall at 44th aad Central. Thc season for 1996 is planned to bc from AprR 13 thru June 30. Thc sca, son corresponds to all thc olhcr scasons which wc have bccn at this location. By Ibc way lids is vall be our sevcn~ successful year in Columbia Heights. We havc dcvclopcd a very loyal customcr base in Columbia Heights who look forward to our returning ye, ar after ye, ar. They always want thc comistcnt quality that we provide as well as our excellent customer service. Lindcr's considers Columbia Heights to bc one of our best Flower Mart locations. This year wc arc planning thc exact same Flower Mart wc uscd last year. Our changes last year proved to vcry appcalin8 to thc cyc and providcd marc access for thc customers. Wc w~ usc thc same structure and materials which wc have mod in thc past. I am also provi~ thc samc information that wc provided last year about thc Flower Mart: 1. Them is no parking adjacent to thc Flower Mart. Wc do not allow smoking and place many signs to that effect. Smoking is harmful to thc plant~. 2. There arc four 6 foot doors which rm~in open at all times dm'ing business hours.. 4. Thc flanunability information on thc poly is in thc enclosed material. If you have any questions about fi-ds application plcasc call mc. I will address any issucs promptly. We fccl wc arc an assct to this community and want to grow hcrc to mcct our customcrs nccds. )Pdnted on Recycled Paper Pie, ag let m~ know whc-n this item w~l be on the agmda for consid~atio~ I look forward to a ~ spring s~ason in 1996 in Colmnbia Hc4ghts. Lind. s Crreenhouses Inc. KRAUS-ANDERSON REALTY COMPANY Development · Leasing · Management November 24, 1995 To the City of Columbia Heights: Kraus-Anderson, Incorporated hereby grants permission to Peter Linder of Linder's Greenhouse to operate a temporary Garden Center upon the parking facility at Central Valu Shopping Center during the months of April through June of 1996. If there are any questions or concerns, please do not hesitate to contact me. Thank you for your cooperation with this matter. Cordially, ERSON REALTY COMPANY .~Janu Tony C. Property Manager cc: Central File 4220 West Old ShakopeeRoad, Suite 200 · Bloomington, MN 55437-2995 612/881-8166. Fax: 612/881-8114-Wats:l- 800-399-4220 Iii ~ -I V J, I il I IIX'.,I ~[ United States Testing Company, Inc. California Division' =a,~q TEI.~C..,J:ta~H I:~ · ~ ANGEI. E~ CALIFORNIA 1~3443 · (g13~ ;'W~J.71el CLIENT: SUBJECT: NUMBER Star-Tex LA 50192 8235 220th Street Wes= 2/5/85 ~akeville, MN 55044 FLAMMABIL/TY OF POLYETHYLENE FILM REFERENCE: Client's let=er dated 1/28/85 per Pat Larson. SAMPLE IDENTIFICATION= Two samples of polyethylene film submitted and identified by the Client as: 1) 4 mil 2) Sm/1 TEST REQUEST AND METHOD: Flammability per State cf California Administrative Code, Title 19, Public Safety, S~bcha~%er 8, Article 4, .Section 1237.1 (Small Scale Tes~), Procedure 801, as modified' by the SCare Fire Marshal. Conditionina: 70 ~ 2°F and Flame ApPlied: 12 seconds .Fuel: Gas Mixture B 65 ~ 2% relative humidity REQUIREMENTS: A) The afterflame time shall not exceed B) The average length of char shall not two secDnds. exceed six inches. Page 1 of 2 cg Analyst: A~: ishim to.. / Supervised by: · Nau~hton, Mgr. SIGNED FO~FI'HE COMPANY C. Macaluso, Ass't. Manager, Ma='l./Tx. Dept MaC' 1./Tx..La96~,.~ .~,.,,,os,, a,.ad,,~ · ~,, hl.,,,,i CLIENT. United States Testing Company, Inc. California Division _~_~ TEL~GJ:~APH ROAD, t LO~ AN4~ I~_. ~jU.LaORNIA IOD40 · (~1~) ~ ~ in Prin~f~l C, IIM~ S-.ar-Tex LA 50192 2/5/85 TEST RESULTS: Sample 4 Flammabi!i=y - Small Scale Tes% Afterflame, Sec. Char Lent--h, In. 0.0 3.8 0.0 4.8 0.0 6.6 0.0 5.3 0.0 5.4 Avg. 5.2 6 m'hl 0.0 5.9 0.0 4.7 0.0 4.9 0.0 5.3 0.0 4.8 = ~ COMMENTS: The submi=ted polyethylene film samples mee~ '.he flammability requlremen=s cf ~he S=a=e of California Title 19, Section 1237.1. CITY OF COLUHBIA HEIGHTS Application For, Rezoning Variance Privacy Pence Conditional Use Permit Subdivision Approval Site Plan Approval Other 1. Street Address of Subject Property: 2. Legal Description of Subject Property: Description of Request: ZoninR: Applicable City Ordinance Number Present Zoning Present Use Reason for Request=~ Section Proposed Zoning Proposed Use 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and $iKnature~ The undersigned hereby represents upon all of the penalties of law, for the purpose of lnducin$ the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein of the City of Columbia Heights mentioned will be done in accordance with the2~/nances and the lays of the State of~L~e~ta~ /~ / Sionature of A~licantf / ~z' / _ '~Oo,,., CITY OF COLUHBIA HEIGHTS Applica~ion For= aezoninS Variance Privacy Yence Conditional Use Per. it Subdivision Approval Site plan Approval Other Street Address of Subject Property~ ~Z.I~ VO&~%%(~co~a -~. ,~, ~, , . Lesal Description of Subject P~operty~ ~ot~ ~. o~ C~T \\ ) ~(~ o'~ ~o~- /~, ,_ Applicant, Ovner: Address: Phone~ ZoninR= Applicable City Ordinance Number Present Zoning Present Use Reason for Request: Section Proposed Zoning Proposed Use Submitted (saps, diagrams, etc.) Si acura: The undersi~ned hereby represents upon all of the Acknovled~ment and Kn ........... · ~-~u~bia Heiahts to take the enalties of law, for the purpose o~ ~auc~ng ~ne ~y o~ ~w ~ . _ . P ........ ~- ------ants herein are t~e ~d tha~ all york herein action herein reques~ea, ~na~ ~z -~---- ~entioned rill be done ~ accordance vi~h the Ord~ces of the City of Col~bta Heiihts ~d the lays of the Sta~e of ~i~eso~a. Taken By:~ ~ CITY OF COLUWBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other / Vat. P.id Rec.ipt 2. Legal Description of Subject Property~ 4. Owners Address:/~ F~ ~/~~ ~- Zoning: Applicable City Ordinance Number Present Zoning Present Use Reason for Request: Section Proposed Zoning Proposed Use 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Si~nature: The undersi~ned hereby represents upon all of the penalties of law, for the pu~ose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. Date: Taken Tina Goodroad, Zoning Administrator City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421-3878 Re: Planning & Zoning Meeting on January 9, 1996 Dear Ms. Goodroad, Although to date we have not received any official communication regarding the status of our Conditional Use Permit - Case #9601-01, we are assuming it was denied based on the motion at the commission meeting I attended. In that regard, I will need to explain to several parties, including my Board of Directors, the exact reasons why the auto brokering activity you witnessed at our office the past couple of months is not allowed. Please assist me by providing the information and documentation that was provided to the Planning & Zoning Commissioners regarding our application, along with your interpretations. Sincerely, President Lastly, based on your knowledge of the zoning requirements and options, if there is a way to prox4de ~ .Auto Brokering Service which would include a limited number of vehicles on site for sale, would you please let us know how. Thank you. !/5,)/q~ bcc: Pat Hentges FIRST C03DdUNiT " · 843 - 40th Ave. NE Columbia Heights, MN 55421 (612) 788-7700 2996- 111thAve. NW-#6 Coon Rapids, MN 55433 (612) 323-8900 !2300 Ensign Ave, Chamsiin. MN --~ ,,612" z22-5C55 November 16, 1995 Tina Goodroad Zoning Coordinator City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421-3878 Re: Letter of November 14th Dear Ms. Goodroad, First off, let me state that our Credit Union is in favor of ordinances and will do everything you feel necessary. My concern is the fact that I question if those same ordinances are not universally enforced. For example, as I review the list of businesses in the "CBD" district, I'm unable to f'md how many of my fellow businesses would be allowed to operate. I do not see the following on your list: Funeral Homes Medical Clinics Auto Glass Repair Shops Auto Body Repair Shops Chain Saw Sales/Repair Stores Locksmith Shops Dancing Schools Drivers Education Schools Churches In that regard, I will assume the list is not very inclusive or that you've issued a lot of CUP's. As to Section 9.116(2) of the Parking Ordinance, it refers to "required" off-street parking and I question if this applies to our situation as we purchased the lot North of our building as an overflow parking lot many years after opening our Credit Union office in 1985. It was not required and may not apply. All this said, Tina, if necessary, we would like to apply for a Conditional Use Permit, so that we may assist our members buy and sell their vehicles. We anticipate no more than 5 vehicles at any one time. Should you require any additional information, please contact me at 788-7700. Sincerely, Richard Lange President PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 3, 1995 PAGE 2 Public Hearing Variance Case #9510-44 Chester Mady 3919 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Mady for a variance of 100 square feet to allow additional signage on the south and west side of the building at 3919 Central Avenue, Mady's Bowl. She explained that Mr. Mady would like to utilize a pylon sign or at least a portion of a pylon sign and use over 100 square feet of wail signage on both the south and west sides of the building. The total frontage for Mady's Bowl is 100 lineal feet as his bowling alley operation extends the entire length of the building but is located in the lower level, underground. The total signage allowed for his use without a variance would be 200 square feet. it was Ms. Goodroad's opinion that his use, as with the other two uses in the building, should be considered on an individual basis with signage calculated for each use and based on the lineal frontage of each tenant space. The building use is also located 244 feet from the front lot line and this use is located in the lower level, therefore, the business is not visible from the street. She felt those two hardships would be a valid reason to grant a variance as the permitted amount of signage on the building would be inadequate. Ms. Goodroad informed the Commission that the Zoning Ordinance would not allow more than two pylon signs on one site with a minimum of fifty feet between the two signs, therefore, it would be most likely that Mr. Mady and Mr. Winter would be required to share a pylon sign as the Salvation Army pylon sign is existing. She also stated that any other pylon sign that may exist on the property would be required to be removed prior to a permit being issued for a new pylon sign. Motion by Fowler, seconded by Paulson, to recommend to the City Council the approval of the 100 square foot variance on the allowed signage for 3919 Central Avenue due to the hardship of the building being 244 feet back from the front lot line and the use being located in the lower level of the building. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE OCTOBER 9, 1995 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit Case #9510-45 First Community Credit Union 843 N.E. 40th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of the First Community Credit Union for a Conditional Use Permit to allow The operation of a two-day car sales promotion in their northernmost parking lot at 843 N.E. 40th Avenue on October 20-21, 1995 from 9:00 a.m. to 6:00 p.m. She indicated [hat this request is similar to the one reviewed at the March 1995 Planning and Zoning meeting except a tent would not be used at the site. Approximately 20 new and used cars are proposed to be displayed in the north side parking including the fourth drive-thru teller lane which will be closed to business those days. This plan would PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 3, 1995 PAGE 3 eliminate nine (9) parking spaces. Ms. Goodroad explained the site plan that indicated the parking position of the autos to be offered for sale stating that the proposed parking pattern would allow cars to be taken out for a test drive without disturbing the regular traffic flow. Currently, cars enter the Credit Union property off of Van Buren Street only and exit either on 40th Avenue or through the alley at the west end of the property. She informed the Commission that the plan the day of the sale would be to have all cars involved in the sale exit only through the fourth drive-thru lane to the alley. She stated that the eleven parking spaces in the easterly parking lot would be available for customer parking. Ms. Goodroad also informed the Commission that the Credit Union is requesting a permanent Conditional Use Permit that would allow them to have two sales promotions per year, once in the Spring and once in the Fall, without having to apply for a Conditional Use Permit each time. She stated that a permanent Conditional Use Permit would be based on an agreement that each sale would be set up and run like the current request. If anything different was planned, the Credit Union would be required to appear before the Planning and Zoning Commission for an amended Conditional Use Permit. Karen Lennox was present representing the Credit Union and stated that the sale was specifically for "Members Only" and would not be open to the general public providing some control over the situation. She informed the Commission that the March sale was very successful. Evelyn Nygaard, Building Inspector, stated that the March sale was monitored by the Police Department and had not heard of any problems that had occurred during that event. However, she felt a permanent Conditional Use Permit should be considered carefully as car sales are not an allowed use in the Central Business District. Council Representative Peterson inquired as to what type of precedent would be set in this case. Attorney Hoeft felt this type of special promotion would fit within the confines of the Zoning Code because open sales lots are permitted by Conditional Use Permit and allows the City to attach reasonable conditions to the approval. However, the consequence of granting a permanent CUP would be the loss of the $50 filing fee revenue that covers the cost of Staff time to "police" and monitor each event. As far as setting a precedent, he explained that if an applicant for a similar event can meet similar requirements of the Zoning Ordinance for that particular zoning district, then it could be allowed. Commissioner Pautson felt the City could regulate the operation for health, safety and welfare and if there was a problem, the City could step in and revoke the Conditional Use Permit. He also felt that the Credit Union should notify the City Staff at least thirty days prior to any sale of the proposed dates. Ms. Goodroad also suggested that, if the Commission was skeptical of approving a permanent CUP, the alternative could be to approve a CUP once a year for the two events that year. That way, the revenue would not be totally eliminated. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 3, 1995 PAGE 4 Motion by Paulson, seconded by Fowler, to recommend to the City Council the approval of the two-day car sales promotion for Credit Union "Members Only" in the north parking lot of 843 N.E. 40th Avenue from 9:00 a.m. to 6:00 p.m. on October 20-21, 1995 and the approval of a Conditional Use Permit to allow no more than two, 2-day car sales per year for "Members OnLy" provided that alternatives to the site plan submitted herein are not made during future sales, that the application fee is paid on a yearly basis prior to the sales and that the Credit Union representatives notify City Planning Staff thirty (30) days in advance of the sales dates. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE OCTOBER 9, 1995 CITY COUNCIL AGENDA. Public Hearing Cond. Use Permit/Lotsplit Case #9510-46 Brian Bona 4015 N.E. 7th Street Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Bona for a Lotsplit of the property located at 4015 N.E. 7th Street Iegally described as Lot 20, Block 54, Columbia Heights Annex to Minneapolis, Anoka County, Mn.; together with hatf the vacated alley lying southerly of and adjacent to said Lot 20. She explained that the portion to be split is a 22.90 foot by 129.5 foot section of the south side of the lot. Mr. Bona plans on combining this 22.90 portion with the property located at 573 N.E. 40th Avenue where his service station is located. She stated that Mr. Bona owns both properties and plans on using this new area for parking vehicles for his service station business. As shown on the survey document presented, the 22.90 portion is to be split as proposed Tract B and that will be combined with proposed Tract C. Ms. Goodroad stated that Section 9.108(2)(b) of the R-2 Section of the Zoning Ordinance requires a Conditional Use Permit for off-street parking when the proposed lot for such off-street parking is located in any block or area which is zoned, used, or otherwise permitted for any non-residential use or uses and abuts on a lot or parcel which is in a "B" or "1" Oistrict and is in the same ownership or control as the land in the "B" or "1" District and subject to those conditions set forth in Section 9.116(4) herein and such other conditions as may be found necessary by the City Council to carry out the intent of this Ordinance, and providing that such lot or parcel is not located between two abutting residential uses, and provided that such off-street parking is restricted to an area for a distance from the abutting edge of the "B" or "1" District equal to the combined widths of three continuous platted lots or 150 feet, whichever is greater; and no public street divides such parking area". Ms. Goodroad informed the Commission that Mr. Bona had submitted a site plan where he drew in the parking area he currently has and the additional space acquired by the proposed lot split. The additional space would create eight additional parking spaces. Mr. Bona indicated that he would not be widening the curb cut on the west side of the property on 7th Street and that he will completely surface the additional area with blacktop and install a new fence along the new property line between the house and service station. Ms. Goodroad reit that the fence should be extended along the west and east property line approximately 23 feet where the parking area will abut the residential area. Unfortunately, Mr. Bona will CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevam Counciimembers Donald G. Jolly Bruce G. Nawrocki Garx' L. Peterson Rob'err W. Ruettimann City Manager Patrick Hentges Febmaryl4. 1995 First Community Credit Union Arm: Lisa 843 N.E. 40th Avenue Columbia Heights, Mn. 55421 Dear Lisa: This letter is in response to your inquiry on behalf of the Credit Union on whether sales of automotive vehicles would be permitted on your lot for a future promotion in April of this year. First Community Credit Union is located within the CBD, Central Business District. Automotive sales is not an allowed use in that zoning district. Section 9.116(2)(a) of the Parking Ordinance states 'Existing off-street parking and loading spaces shall not be reduced in number unless the existing amount of parking spaces exceed what is required'. This section means that you may not utilize the required parking spaces for any other use other than for parking of customers vehicles utilizing the Credit Union. Section 9.116(2)(m) of the Parking Ordinance states 'Use of Parking Areas: Required off-street parking spaces in all districts shall not be used for open storage of goods such as boats, camp trailers, winter fish houses, semi-trailers, construction equipment or for the storage of vehicles which are inoperable, for sale or for rent'. It has also been noted that the Credit Union is displaying the use of temporary signage in the form of banners. Please refer to the attached copy of a letter that was sent to your facility in March of 1994 regarding the regulations pertaining to the use of temporary signage. Please remove all your temporary signage until the appropriate measures have been taken to secure a permit for their use. As you can see by the information included in this letter, your request for a special promotion of auto sales from your property at 843 N.E. 40th Avenue is not allowed by the City Zoning Ordinance. If you have any additional questions, you may contact this office at 782-2818. Sincerely, / Evelyn Nygaard ~" Building/Zoning Adnfinistrator EN/kp eno. CC: P. Hentges, City Manager SERViCE ;S OUP BUShNE3 ;, E'..:_ .P~CFT~/.,' 'Z.'-"_£,'.~q TH~ CITY OF CO_~t,l~"*, ~E,.]~-$ DCEE' .5- ,Ll::L'r-'h:i'. ~ ~'~ " -~E :A'}~ O~ QISAB,LiT'F,r~ -''P' ~ ',tENT :: CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 November 14, 1995 Mr. Rick Lang First Community Credit Union 843 40th Avenue NE Columbia Heights, MN 55421 Dear Mr. Lang: This letter is in response to our conversation last week regarding whether automobile sales is a Ci[~ Mana ...... -- - - ~oerrmtrea use on your lot. Patrick First Community Credit Union is located within the Central Business District, CBD. Automotive sales is not an allowed use in that zoning district as you can see from the enclosed copy of the CBD ordinance. Automotive sales, both new and used is permitted in the Retail Business (RB) zone provided the site has a minimum of three acres. The RB ordinance is also enclosed for your review. Section 9.116 (2) (m) of the Parking Ordinance states "Use of parking areas: required off-street parking spaces in all districts shall not be used for open storage of goods such as boats, camp trailers, winter fish houses, semi-trailers, construction equipment or for the storage of vehicles which are inoperable, for sale or for rent:" As you know, the Planning and Zoning Commission and City Council has approved a Conditional Use Permit (CUP) to allow a two-day car sales to be held at the Credit Union. This past October a CUP was approved for your sale that was held on October 20-21, 1995. This CUP was made permanent but only for no more than two car sales per year for members only each year thereafter. The City must also receive notice from the Credit Union 30-days before each sale and receive a $50.00 fee at the beginning of each year to cover the two sales per year promotion. As you can see by the information included in this letter used car sales is not a permitted use in this district. The only way I see that cars can be left on your lot for sales purposes is if the Planning and Zoning Commission approved a CUP to allow it beyond your two sales per year for a limited number of vehicles. Without it being an allowed use staff cannot approve it. If you want to request a CUP please respond immediately so I can put your request on the agenda. The commission only meets once a month, the first Tuesday of every month. Please also remove the for sale signs from the vehicles until this issue has been resolved. Thank you for your cooperation. Sincerely, ._ - .;'- /. _ Tina Goodroad Zoning Coordinator CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION- ORIGINATING DEPARTMENT: CITY MANAGER'S OTHER BUSINESS CITY MANAGER' S APPROVAL NO: 7 ITEM: HABITAT FOR HUMANITY RESIDENTIAL LOT BY: P. HENTGES BY: DATE: 1 - 18 - 96 DATE DEVE~OPM~ ~GREEMENT NO: / 7 C 2)/ At the Tuesday, January 16, 1996, City Council work session, the Council discussed a plan to transfer lots to Habitat for Humanity for the purposes of constructing owner-occupied single family dwellings. Habitat for Humanity originally requested nine lots at various locations in the City to be transferred over a three year period. In turn, the City Council has suggested that the lots within the Sheffield neighborhood be targeted for this program (see attached list). Habitat already has obtained control of the lot at 4535 Taylor Street. The City has four other sites within the Sheffield neighborhood that could be made available to Habitat for Humanity. The one other site at 1221 40th Avenue is of the size and value to fit Habitat's needs. It is recommended that a preliminary development agreement be entered into with Habitat to call for the transfer of six lots from the City of Columbia Heights to Habitat for Humanity over a two year period. The agreement will require that Habitat construct three homes in 1996, three homes in 1997, and the option of constructing three homes in 1998 on lots located within or near the Sheffield neighborhood. Habitat must also agree to contract on at least three of the lots, homes for families who meet the HOME income requirements. Additionally, plans for each dwelling will have to be pre-approved by the City Council, together with requirements for attached garages on at least three sites. If an agreement of this nature is satisfactory, then it would be made subject to approval of an ordinance calling for the actual land transfer. It is expected that the sites would be tax increment eligible, so as to recoup some of the original CDBG investment in the property. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a preliminary development agreement with Habitat for Humanity on the transfer of certain lots in the City of Columbia Heights and the Sheffield neighborhood. COUNCIL ACTION: CITY/HRA OWNED PROPERTIES CONSIDERED FOR RESIDENTIAL DEVELOPMENT BY TWIN CITY HABITAT FOR HUMANITY JANUARY 17. 1996 ADDRESS LOT SIZE PIN COt~ENT 1221 40th Ave. 50' X 128' 36 30 24 31 0003 MHFA First Time Buyer Income Requirement 4550 Fillmore St. 60' X 128' 25 30 24 33 0108 MHFA First Time Buyer Income Requirement 4501 Taylor St. 57' X 125' 25 30 24 33 0116 HOME Income Requirement 20' attached garage 4535 Taylor St. 60' X 125' 25 30 24 33 0122 MHFA First Time Buyer Income Requirement 4549 Taylor St. 60' X 125' 25 30 34 33 0124 MHFA First Time Buyer Income Requirement 4555 Taylor St. 60' X 125' 25 30 24 33 0125 HOME Income Requirement 20' attached garage cc: Tina in Community Development Jane.g\admdevlp\habitat. 1st 01-19-1996 ll:50AM ~ROM lC H~tlt~t TO 78~8~1 P.~ ' Twin Ci~ies Habitat fOr Humanity lOth Anniversar>, "Building CommuntO,' January 19, 1996 Mr. Pat Hentges City Manager City of Columbia Heights 590 40th Avenue Columbia Heights, M~ 55421-3878 Dear Mr. Hentge~, I am writing to expres: response of Twin Citi vacant residential lots 1 affordable, single-lam your plans will make a to one another, on Tay] Heights. This will e~ manner, and will help ;to you and to the City of Columbia Heights the positive and enthusias[i, 'c :s Habitat for Humanity to the City's expressed desire to provide n~ne o our organization over the next three years, for the purpose of develop!~g ly owner-occpied homes on these sites. We are especially pleased tl~at vailable to Twin Cities Habitat a number of lots that are in close proximt~ hr, Fillmore and Pierce Streets, in the Sheffield neighborhood of Colum¢ia Uable our organization to develop these homes in a most cost effective to build a very strong sense of community in that neighborhood. ~ More precisely, it is m~' understanding that this partnership between Columbia Heights and TWin Cities Habitat for Humanity will consist of the following characteristics: · Plans for each {bf the nine homes will be submitted by Twin Cities Habitat to the City for its approval prior to conveyance of the lots to Twin Cities Habitat. It is Iwin Cities Habitat's intenO to utilize a variety of house designs for the nine homes to be built as p~rt of this collaboration, i · It is Twin Cities Habitat's understanding that at least two of the first six lots and at least one of the lastlthree lots conveyed to Twin Cities Habitat by the City must be sold !to families who~ incomes fall within the HOME program guidelines. It is also dur understanding ,ih,at all families chosen by Twin Cities Habitat have incomes which fill within the HOI~E program's guidelines. · It is our Twin ~2ities Habitat's understanding that the City will require small, attachbd double garages[on two of the homes -- those located on the corner of Iaylor and 4~th Avenue, and the comer of Taylor and 46th Avenue. Twin Cities Habitat will incorporate such garages ir~to the plans for those homes. (more) 3001 Fourth Street 5.5, · Mtnneapolt~; MN 5541'/ · (612) 331-4090 · (6lZ) 331-1540 Fax TOTAL P,02 01-19-1996 ll:O1AM FROM TC Habltet ?822801 P.05 Mr. ~atHentges City of Columbia Heights January l9, 1996 page 2 As I mentioned earlier,! we are extremely excited about this partnership with Columbia Heights. If the City Council approves this arrangement, it would enable our volunteers to devote their energies to the critical ~sks of finding well-qualified families to purchase these homes, and of recruiting and coordinating the hundreds of other volunteers whose time aad skill will be needed to build these homes. ~ This commitment from~ Columbia Heights, if approved, would also serve as a model for many other communities to follow in their efforts to improve their housing stock and their portion of owner-occupied home~ in their community. We are so grateful to you, to Don Schneider, and to the Mayor, the City Council, and the Housing and Redevelopment Authority for the excellent leadership you have de~nonstrated in your support of Twin Cities Habitat for Humanity through the years. · t If there are any quesuons you have about the points I have covered in this letter, or if you should need any additional information, please do not hesitate to contact me. Very truly yours, Stephen Seidel Executive Director TOTAL P.05 CITY COUNCIL LETTER Meeting of: January 22, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION-- ORIGINATING DEPARTMENT: CITY MANAGER'S OTHER BUSINESS CITY MANAGER'S APPROVAL NO: 7 ITEM:T_~_F.J~.~_ISING OF OPEN MIKE POLICY BY: P. HENTGES BY: (~ NO: ~ 7 C 3) L DATE: 1-18-96 DATE: At the Tuesday, January 16, 1996, City Council work session, it was brought up that the Open Mike televising policy should be reconsidered by the City Council. It was asked that the matter be placed on the regular agenda for discussion at the January 22, 1996, meeting. RECOMMENDED MOTION: Move to Reaffirm the current policy of non-televising of Open Mike prior to the regular City Council meeting. ALTERNATE MOTION: Move to amend the current ~ules of Decorum to allow televising of Open Mike at the end of the agenda. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: JANUARY 22, 1996 AGENDA SECTION: I TEHS FOR CONS I DERATION ORIGINATING DEPT.: CITY MANAGER NO: 7 0 t h e r B u $ i ne s $ Community Deve lopmen~(.~APPROVAL ITEM: Medtronic Inc. Building Plan BY: Tins Goodro~ BY: \~ Review and Permit Inspection _Agreeme_nt DATE: January 19, ~[995 Staff met with Bob Roach of Code Advocate to discuss and agree on terms for Building Plan Review and Inspection services for the Medtronic Inc. project. The attachment summarizes the agreement. Plan Review fees will equal 65% of the project's Plan Review fees collected by the City. The Plan Review fee is based on 65% of the Building Permit fees. This fee is similar to what Duane Grace has charged for plan review in the past. Fees for inspections will be $50.00 per inspection with a not to exceed amount for total fees payable to the contractor of 80% of the project's Building Permit fees. Meeting rate will equal $100.00 per hour for construction related meetings and contractors and Medtronic, Inc., etc. The hourly rate will cover preparation time and follow-up if necessary before or after the actual meeting. The building valuation that will be used for building permit calculations is $5,964,000. RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Enter into a Building Plan Review and Inspection Service Agreement Associated with Code Advocate in Conjunction with Medtronic, Inc. COUNCIL ACTION: re Medtronic's North Addition: Essence of Contract: CODE ADVOCATE 840 3rd Avenue, #305 Excelsior, MN 55331-3341 612-474-2782 Phone 612-474-9594 FAX 01-18-96 Plan Review A. Flat Fee: Rest of project at 65% of project's Plan Review Fees. Project's Plan Review Fees = 65% of Building Permit Fees Inspection A. Per Inspection Rate: $50.00 per inspection.. B. Not to exceed mount for total fees payable to CONTRACTOR for inspections labor: 1. Maximum = 80% of project's Building Permit Fees 2. Current non-binding estimate is 65% ±. 3. Difference alloxvs for flexibility in dealing with complexity of project. C. Definition: Inspection = Inspect construction of one item, or small group of same items, at one lime. D. Expenses: At Cost Reimbursement for photographs and other necessary, expenses. Meetings A. Rate = $100.00 per hour. Hour,ly fi-actions rounded up. B. Other non-inspection time:: Research. preparation~ communications, documentation and other tas 'ks at same rate. Building Valuation = $5,964,00 for Building Permit Fee calculations, per State Guidelines. Cell Phone A. CONTRACTOR: 1. Will maintain cellular phone for at least 24 months. 2. Will be generally available fi.om 7:00 AM to 5:00 PM, M-F. 3. Will hold CITY harmless from expenses related to cellular phone. B. CITY: 1. Will secure and maintain CONTRACTOR on a bill-responsible list with CITY's cellular phone service provider. VI. Independent Contractor A. Responsible for own taxes, worker's compensation, and unemployment. B. Will secure and maintain liability insurance: $1,000,000 General liability, $1,000,000 Personal and advertising injury, $50,000 Fire damage (any one fire) and $5,000 for Medical expenses (any one pemon). DEFINITIONS: CO.NIX,aCTOR = Robert L Roact¥Code Advocate CITY = Columbia Heights CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PATRICK HENTGES, CITY MANAGER JANUARY 19, 1996 LAST REPORT OF CURRENT CITY MANAGER FOR REGULAR COUNCIL MEETING OF JANUARY 22, 1996 1) OPERATIONAL REPORT Attached please find operational reports from the Community Development Department. 2) STORM EMERGENCY Attached please find official information released relevant to last week's storm. As of Friday A.M., there were still a number of households in Columbia Heights without power and heat. Hopefully, the situations would be remedied by Friday evening. Columbia Heights did set up an emergency Red Cross shelter at Murzyn Hall. No one stayed overnight, however, many did drop in to the center. City staff is making arrangements with BFI to assist with brush pick-up next week. Further details of that will be made available at the Council meeting. 3) SILVER LAKE THANK YOU LETFER Attached please find a letter from members of the Silver Lake Homeowners Association expressing their thanks for improvements to the storm water ponding area near the Silver Lake boat access area. 4) COLUMBIA HEIGHTS BUSINESS CENTER INCUBATOR PROGRAM As you are aware, Anoka County Economic Development Partnership and Genesis Business Centers operate a business incubator at the 3989 Central Avenue building. Last Wednesday, Senator Paul Wellstone visited the incubator for the purpose of learning more about how this unique partnership has developed. The Mayor and some Councilmembers did have an opportunity to tour the facilities, and I understand were very impressed with the development potential of some of the new businesses. I cannot understate the amount of interest the Columbia Heights project is attracting in the investment and public economic development sectors. On a related note, Zaidan, according to the tax delinquency/redevelopment agreement has prepaid the amount of their tax delinquency note. In fact, upon payment of the 1995 real estate tax bill, they have essentially overpaid their obligation by $80,000. The pre-payment was predicated in part on their interest to satisfy the City's second mortgage position, as they are in the process of selling the building to a very creditable investor, who, it is my understanding, has ties to the Columbia Heights area. They will be approaching the City to discuss the potential of developing an economic development program that would assist businesses interested in the Columbia Heights Mall or Business center. This could be a tremendous opportunity to expand the incubator concept or improve the vacancy level at the mall and business center. I will forward further details of the funding concept to the Economic Development Authority. 5) CHARTER COMMISSION APPOINTMENT It is my understanding that Bill Antzaras has resolved his voting eligibility problems, and is now eligible to be appointed to the Charter Commission. This brings the total number of Charter Commission members to fourteen. Three members are current city employees. It appears the interest of City employment will be well represented in Charter Commission discussions. 6) BOILER INSPECTION COMPLAINT The State Boiler Inspector received a complaint regarding the regular inspection of boilers. It is my understanding that the complaint was associated with not having boilers regularly personally checked on weekends, due in part to the Servicenet Contract with Honeywell that electronically monitors the building. We are currently checking to determine what level of responsibility Honeywell has to correct this problem under their Servicenet Contract, and what level of off-site monitoring is acceptable. Of course, the alternatives are as follows: Have Honeywell do an actual on-site check daily. Have the existing Custodian come in on weekends at overtime rates to do the check. Change the existing Custodian's schedule to a Wednesday-Sunday to perform his normal duties plus doing the weekend checks. Have another qualified employee due to the check on Monday and Tuesday. Contract the Boiler Inspections with another agency. Hire a qualified part-time individual. Eliminate the Custodial position in favor of a more qualified building maintenance supervisor to manage all the buildings and its related contracts at a presumed savings to the City. 7) ECONOMIC DEVELOPMENT AUTHORITY ORGANIZATIONAL MEETING An organizational meeting of the Economic Development Authority is scheduled for January 29, 1996, at 6 P.M. The HRA will meet at 5:30 P.M. that same date, and the Economic Development Authority will meet from 6-7 P.M. The regular work session is scheduled for 7 P.M. on Monday, the 29th. The EDA meeting will be for the purpose of passing by-laws, electing officers, and establishing two representatives to sit on an interview committee for the Community Development Director. A regular meeting date will have to be also established, so as to develop a regular system of distributing information, and an initial meeting to discuss a couple of pending items including Fair Market rent adjustment for 4607 Tyler Street, Economic Development consultant contract, Columbia Heights Business Center financing program, and a possible development scenario for the 4110 Central Avenue tax forfeiture property. 8) CITY MANAGER TRANSiTION Mark Winson will assume his Acting City Manager responsibilities effective January 22, 1996. He will be in the City Manager's office on regular hours. During my final two weeks, I will brief Mark on each of the current files and outline a plan for upcoming Council business/issues. In addition, I will set up a regular system for the Economic Development Authority agenda packets and prepare an executive memo to the Council that provides an overview of my thoughts on critical issues facing the City. Finally, on behalf of Susan, Seth, Whitney, and myself I would like to thank the City Council, City employees, and the citizens of Columbia Heights for their hospitality, support, and friendship. Although at times, our transition from Faribault to Columbia Heights was difficult, many of you were always available to lend a helpful hand or word of encouragement. I honestly believe that there is not a more "down to earth" community in the Twin Cities than Columbia Heights. Thank you. cb 96/5 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55'121-3878 (612:) 782-2800 DATE: TO: FROM: RE: January 12, 1996 Pat Hentges~Si'tY Manager Tina Goodro~Acting Community Development Director MONTHLY REPORT ON COMMUNITY DEVELOPMENT DEPARTMENT ACTIVITIES FOR iDECEMBER BUILDING INSPECTIONS/PERMITS/ZONING/GRANTS: The monthly "Protective Inspections, Building Permits" report is attached as Exhibit "A". Reports on grant activities are included below. PARKVIEW VILLA HOUSING COMPLEX (PVHC): The monthly report by Jim Bettendorf, PVHC Manager, is attached as Exhibit "B". HOUSING REHABILITATION: Housing Rehabilitation is currently on hold while staff examines the current status regarding the loan/grant programs in Columbia Heights. Jennifer Stoopes-Mokamba is meeting with Tina Goodroad to plan a course of action which would best serve the City. CITY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)/HOME PROGRAM: Ail contracts have been signed and programs are now in the process of being implemented. RENTAL ASSISTANCE PROGRAM: Scott McKinney's departure left the HRA short staffed for 2 weeks, until Barb Dock came in as a temp on January 8th. She will be working with the Section 8 Program. Staff is currently implementing the new Section 8 "Conforming Rules" this process requires changes both in paper work and process, while also answering concerns from HRA families and landlords. There have been no more transfers from the Metro HRA to the Columbia Heights program. We have heard nothing yet from HUD regarding the Local Preference matter. "SERVICE IS or JR BUSINESS" EQUAL OPPORTLjNITY E%IPLOYER HFCA MONTHLY REPORT DECEMBER 1, 1995 PAGE 2 6. OTHER: MHFA Minnesota City Participation Program (MCPP) First Time Home-buyer Proqram: All the Columbia Heights allocation had been used plus some addi- tional funds from the pool of funds established and fully used on November 2'7 from funds not used by other entities (1.9 million). A current report on the Columbia Heights MCPP Program will be sent when it is received from MHFA. The Request for Propos- als for the 1996 MCPP Program is expected late in December with applications for participation due in February. Be Four-Plex at 4607 Tyler Street: Renovation work is well underway and almost completed by William Mattson Construction. The renovation work is expected to be completed by January 15. De Application for MHFA Proqrams: Following is the status of grant/loan applications: (1) MHFA Affordable Rental Investment Fund - MHFA did not approve can reapply in March, 1996. (2) MHFA Housing Trust Fund - MHFA did not approve. Can reapply in February, 1996. Ee Medtronic Development: Staff continues working with the City Manager and Medtronic personnel on the planned development at the Medtronic site at 800 53rd Avenue N.E. The tax increment financing (TIF) plan and development agreement have been completed. Actions in regard to the TIF plan, development agreement and transfer of 3.6 acres of the City park open space land are in process. At their December meetings, the Planning and Zoning Commission, City Council and HRA Board approved all the final actions necessary to implement the Medtronic expansion project. Work will begin early in January. Please call us 784-2855 if you have any questions in regard to the above. Enclosure cc: HRA Comm./ Mayor & City Council/City Mgr/City Eng./Bid. Insp./ City Finance Dir./City Attorney/P&Z Comm./BRLF Committee Holmes & Graven (Steve Bubul/Bob Long) Jim Bettendorf, PVHC FOCUS/Northeaster News Northeast State Bank (Mike Collins); Norwest Bank, Fridley (Greg Quade); First Banks (Jim Passeri/Rod Hill) dsmnrpt DECEMBER 29, 1995 TO: FROM: SUBJECT: v~TINA GOODROAD, INTERIM EXEC. DIRECTOR; HRA SHIRLEY BARNES, CHIEF' EXECUTIVE OFFICER; CREST VIEW COMMISSIONERS; HRA OF COLUMBIA HEIGHTS BOARD OF DIRECTORS; CREST VIEW JIM BETTENDORF, HOUSING MANAGER DECEMBER PARKVIEW VILLA MANAGEMENT REPORT PROPERTY ISSUES: The final project closeout on the CIAP Fire Sprinkler Upgrade was conducted December 14th. The project was determined to be satisfactorily completed. We are waiting for the engraved fire panel labels to arrive and be installed. I have informed HRA Staff of the remaining work and requested that they withhold final payment until this work has been completed. Installation of fire door magnets in the Parkview South exit stairwell and on the Community Room "B" door was completed. This will allow for more consistent heat and air circulation in hallways and stairwells. OCCUPANCY ISSUES: Parkview North has one vacancy that will be filled January 12th and Parkview South is at full occupancy. There were two vacate notices given for January 31, 1996 for Parkview North. Mr. P. Hentges Ms. S. Barnes Commissioners. HRA o~ Columb:La He:~ght:s Board of Directors, Crest View -2 December 29, 1995 OCCUPANCY ISSUES (cont.): Waiting list totals are as fo, flows: PARKVIEW VILLA NORTH 26 CH Residents 52 Non~.residenzs PARKVIEW VILLA SOUTH 36 CH Residents 1~ Non-residents Seven rent re.-certif'_caticns were c,-~mpleted covering both Paukview North and South for the month (,fi Dec, ember. MISC. Parkvtew Villa has :seen chosen as the site for the .<zck offi of the Anoka County Traveler expanding its service area t,: Columbia , ~t~vel7 scheo ~ed Ja:~uary 1 :,th at Heights this ceremony is ten~'~' i:O0 The Management contract be:tween <:res~ V~ew and the C~ty will be expa,:ded to ~nc].ude ~[-~e senior hou:~:ing four-I:,iex at 4607 Tyler Street as of January 1, i996. Notificatic, n and applications have been m~ile,ff to [hose persons currently on the Parkview Villa w-~iting list::. Applicationc-~ will be taken unzi]. January llth and appl:can% waiting list %.,~iit the;~, be estabiished by lottery. Tenant<-~ wil' be selected from this wa]ting list with preference given to Columbia Heig'h~s residen:s. 3B/jeb PRESS RELEASE CITY OF COLUMBIA HEIGHTS January 18, 1996 Due to the ice storm, an estimated 10% of the households in Columbia Heights are without electrical power and/or heat. We are advising people without power or heat to do the following. 1. Residents should check with their neighbors to assess their situation. 2. Households without heat should leave water trickling to lessen the danger of frozen pipes. 3. DO NOT CALL 9-1-1 OR NSP RELEVANT TO POWER OUTAGES. Check with a neighbor to see if they have contacted NSP. 4. Use propane or kerosene heaters with care. 5. If you are without heat and need shelter, call friends or relatives who have heat. ff there is a problem beyond that relative to emergency shelter, call the Fire Department at 782-2830 for further instruction. 6. Residents who have household electrical service mast problems should call a local private electrician. NSP will not respond to these problems. The Public Works Department is concentrating on downed trees and branches on the right of ways at this time. RECEIVED JAN 1 1 1996 2anuary 2, ~9!t6 PUBLIC WORKS, Dept. of Publ,~c Works City of Columbia Heights 590 40Th Avenue NE. Columbia H,~ights, Minnesota 55421-3878 Subject: Upgrade/Modifications to storm water ponding s¢~t,~m at the Silver Lake boat access area. To all it r'ay concern, In speakin,~ oq behalf of the Members of the Silver Lake Homeowner'~ Association,, we w~sh to extend our deepest gratitude to all of you, for your time, talent and dollars regarding th~s project. The finish,~d ~roduct was exceptionally admirable and it's completion so timely! fhe City of C)lumbia Heights should be most pleased with itself, knowing thl, t it/~ contributed so and thus 1:.:; alt' wh¢ use the take. Co]umbia Heights, Minn. 55421-3357 (6~2) 789-5904 much to the health of Silver Lake, Welcome to the Genesis Incubator in Columia Heights We are pleased to offer a brief tour of the incubator to Senator Paul Wellstone, the members of his staff, and the many friends and associates of the Anoka County Economic Development Partnership and Genesis Business Centers whose support and encouragement have been instrumental in our success at growing more high tech jobs here in Minnesota. Our tour begins with a brief orientation meeting ( about 5 minutes ) in the conference room of the Northeast State Bank on the second floor. We will then begin the tour by taking the elevators to the sixth floor. The companies and suite numbers are listed below: Comedicus Incorporated St. Paul Medical, Inc. · Visual Circuits Corporation NT International Inc Tracking Technologies Inc Excorp Medical Inc. October Systems Software, Inc. Medlink Medical, Inc. Suite 610 Suite 620 Suite 630 Suite 530 Suite 525 Suite 200-B9 Suite 200 Suite 225 · Member of the Incubator Without Wa#sTM Program Finally, we will then return to the bank's second floor conference room for a meeting in the Inventor's Corner. Here we will highlight the work of several inventors that Genesis is helping to commercialize their inventions or technologies: · Royd Jackson An ergonomically superior approach to providing seating support for those with back problems. · Maxwell Khondowe Earl Johnson Emil Jamad, Ph.D. Bill Maher, DVM Viroqen, Inc.- · David McGee Kevin Rudolph A bi-valent vaccination for poultry that treats both Newcastle and Marek's dis- ease. This technoloqy was patented by the University of Minnesota. Virogen is planning to establish its operations in Elk River, Minnesota ( Sherburne Co.) A device for bicycle and other recrea- tional uses that would 'light-up' the Beamer Enterprise~ bicycler, roller-skater, or other night- time athlete ( patent pending ) · Rick O'Connell PoleTech, Inc.- PeatTechnoloqies Acknowledgments: A manufacturing process for the fabri- cation of utility poles from scrap lum- lumber. This technoloqy was patented by the University of Minnesota Pole- Tech is located in North Branch, MN.,. Inc- This company is taking peat from the abundant fields near Cook MN., and, under license from the Univeristy of Minnesota, will commercialize this material for waste water treatment. Genesis gratefully acknowledges the generous assistance and cooperation of the following individuals, groups, and companies that have been instrumental in helping the Genesis program for high tech incubation to succeed: · Advanced Resources for Development, Michael Mulrooney, Pres. · African American Chamber of Commerce of Minnesota, Inc. Robb Randle, President · Anoka County Economic Development Partnership oAnoka County Capital Fund, LLC, Roger Jensen, President · Anoka Investment Partners, LLP & LLC oBarna, Guzy, Steffen Robert Guzy, Principal · City of Columbia Heights, Mayor's Office & HRA Dept. · Doherty, Rumble, Butler Frank Vargas, Esq. · Josh Hasko, student intern · Minnesota Development, Inc. (owners of the Columbia Heights Business Center-3989 Central Ave.)Gordon A wsumb, Principal · Minnesota Private Investor Enterprise · National Association of Women Business Owners, Bea Rothweiler, J. D., Past President -Northeast State Bank, Mrs. Belva Rasmusssen, Director Mr. Ben Rasmussen, President · Office of Technology Transfer, U of M, Tony Potami · Olympus Corporation, Lonnie Morgan, President · Portage Capital, Inc., Bradley Lehrman, Esq., President · Schechter, Dokken, Kanter,CPAs Martin Kanter, Principal · Urban Challenge Grant , Department of Trade and Economic Development Mr. Bart Bevins and Ms. Patricia Neuman Welcome to the Genesis Incubator in Columia Heights We are pleased to offer a brief tour of the incubator to Senator Paul Wellstone, the members of his staff, and the many friends and associates of the Anoka County Economic Development Partnership and Genesis Business Centers whose support and encouragement have been instrumental in our success at growing more high tech jobs here in Minnesota. Our tour begins with a brief orientation meeting ( about 5 minutes ) in the conference room of the Northeast State Bank on the second floor. We will then begin the tour by taking the elevators to the sixth floor. The companies and suite numbers are listed below: Comedicus Incorporated St. Paul Medical, Inc. · Visual Circuits Corporation NT International Inc Tracking Technologies Inc Excorp Medical Inc. October Systems Software, Inc. Medlink Medical, Inc. Suite 610 Suite 620 Suite 630 Suite 530 Suite 525 Suite 200-B9 Suite 200 Suite 225 · Member of the Incubator Without WallsTM Program Finally, we will then return to the bank's second floor conference room for a meeting in the Inventor's Corner. Here we will highlight the work of several inventors that Genesis is helping to commercialize their inventions or technologies: oRoyd Jackson An ergonomically superior approach to providing seating support for those with back problems. · Maxwell Khondowe Earl Johnson Emil Jamad, Ph.D. Bill Maher, DVM Viroqen, Inc. · · David McGee Kevin Rudolph A bi-valent vaccination for poultry that treats both Newcastle and Marek's dis- ease. This technoloq¥ was patented by the University of Minnesota. Virogen is planning to establish its operations in Elk River, Minnesota ( Sherburne Co.) A device for bicycle and other recrea- tional uses that would 'light-up' the Beamer Enterprises bicycler, roller-skater, or other night- time athlete ( patent pending ) · Rick O'Connell PoleTech, Inc. PeatTec h n o loq ies A manufacturing process for the fabri- cation of utility poles from scrap lum- lumber. This technoloq¥ was patented by the University of Minnesota. Pole- Tech is located in North Branch, MN.,. Inc. This company is taking peat from the abundant fields near Cook MN., and, under license from the Univeristy of Minnesota, will commercialize this material for waste water treatment. Acknowledgments: Genesis gratefully acknowledges the generous assistance and cooperation of the following individuals, groups, and companies that have been instrumental in helping the Genesis program for high tech incubation to succeed: · Advanced Resources for Development, Michael Mulrooney, Pres. · African American Chamber of Commerce of Minnesota, Inc. Robb Randle, President · Anoka County Economic Development Partnership · Anoka County Capital Fund, LLC, Roger Jensen, President · Anoka Investment Partners, LLP & LLC · Barna, Guzy, Steffen Robert Guzy, Principal · City of Columbia Heights, Mayor's Office & HRA Dept. · Doherty, Rumble, Butler Frank Vargas, Esq. · Josh Hasko, student intern · Minnesota Development, Inc. (owners of the Columbia Heights Business Center-3989 Central Ave.)Gordon Awsumb, Principal · Minnesota Private Investor Enterprise · National Association of Women Business Owners, Bea Rothweiler, J. D., Past President · Northeast State Bank, Mrs. Belva Rasmusssen, Director Mr. Ben Rasmussen, President · Office of Technology Transfer, U of M, Tony Potami · Olympus Corporation, Lonnie Morgan, President · Portage Capital, Inc., Bradley Lehrman, Esq., President · Schechter, Dokken, Kanter,CPAs Martin Kanter, Principal · Urban Challenge Grant , Department of Trade and Economic Development Mr. Bart Bevins and Ms. Patricia Neuman Welcome to the Genesis Incubator in Columia Heights We are pleased to offer a brief tour of the incubator to Senator Paul Wellstone, the members of his staff, and the many friends and associates of the Anoka County Economic Development Partnership and Genesis Busines~ Centers whose support and encouragement have been instrumental in our success at growing more high tech jobs here in Minnesota. Our tour begins with a brief orientation meeting ( about 5 minutes ) in the conference room of the Northeast State Bank on the second floor. We will then begin the tour by taking 'the elevators to the sixth floor. The companies and suite numbers are listed below: Comedicus Incorporated St. Paul Medical, Inc. · Visual Circuits Corporation NT International Inc Tracking Technologies Inc Excorp Medical Inc. October Systems Software, Inc. Medlink Medical, Inc. Suite 610 Suite 621:) Suite 630 Suite 530 Suite 525 Suite 200-B9 Suite 200 Suite 225 · Member of the Incubator Without Walls"" Program Finally, we will then return to the bank's second floor conference room for a meeting in the Inventor's Corner. Here we will highlight the work of several inventors that Genesis is helping to commercialize their inventions or technologies: · Royd Jackson An ergonomically superior approach to providing seating support for those with back problems. · Maxwell Khondowe Earl Johnson Emil Jamad, Ph.D. Bill Maher, DVM Virogen, Inc.- -David McGee Kevin Rudolph A bi-valent vaccination for poultry that treats both Newcastle and Marek's dis- ease. This technology was patented by the University of Minnesota. Virogen is planning to establish its operations in Elk River, Minnesota ( Sherburne Co.) A device for bicycle .and other recrea- tional uses that would 'light-up' the Beamer Enterprises bicycler, roller-skater, or other night- time athlete ( patent pending ) · Rick O'Connell A manufacturing process for the fabri- PoleTech, Inc.- cation of utility poles from scrap lum- lumber. This technology was patented by the University of Minnesota. Pole- Tech is located in North Branch, MN.,. PeatTechnoloqies Inc- This company is taking peat from the abundant fields near Cook MN., and, under license from the Univeristy of Minnesota, will commercialize this material for waste water treatment. Acknowledgments: Genesis gratefully acknowledges the generous assistance and cooperation of the following individuals, groups, and companies that have been instrumental in helping the Genesis program for high tech incubation to succeed: · Advanced Resources for Development, Michael Mulrooney, Pres. · African American Chamber of Commerce of Minnesota, inc. Robb Randle, President · Ar~oka County Economic Development Far~r~ership · Anoka County Capital Fund, LLC, Roger Jensen, President oAnoka Investment Partners, LLP & LLC -Barna, Guzy, Steffen Robert Guzy, Principal · City of Columbia Heights, Mayor's Office & HRA Dept. · Doherty, Rumble, Butler Frank Vargas, Esq. · Josh Hasko, student intern · Minnesota Development, Inc. (owners of the Columbia Heights Business Center-3989 Central Ave.)Gordon Awsumb, Principal · Minnesota Private Investor Enterprise · National Association of Women Business Owners., Bea Rothweiler, J. D., Past President · Northeast State Bank, Mrs. Be/va Rasmusssen, Director Mr. Ben Rasmussen, President · Office of Technology Transfer, U of M, Tony Potami · Olympus Corporation, Lonnie Morgan, President · Portage Capital, Inc., Bradley Lehrman, Esq., President · Schechter, Dokken, Kanter,CPAs Martin Kanter, Principal · Urban Challenge Grant , Department of Trade and Economic Development Mr. Bart Bevins and Ms. Patricia Neuman What kind of companies interest Genesis? Current incubator (investee) compames (as of December, 1995) are: Ashirus Technologies, Inc. This company develops and markets a proprietary line of specialty precision pumps for medical devices. Comedicus Incorporated, Inc. This company develops both a proprietary pharmaceutical agent and a drug delivery system for the treatment of restenosis (the reclosure of coronary arteries after angioplasty). Excorp Medical, Inc. This company develops a bioartificial liver for keeping patients awaiting liver transplants alive until the donor organ is available. Med Link Medical, Inc. This company manufactures and markets a proprieta~ dual-control microscope system for microsurgery theaters. NT International, Inc. This company develops and markets a proprietary fiber-optic based industrial control system and specialty sensor system for the semiconductor ~nanufacturing process. October Systems Sofmare, Inc. This company develops and markets a user-friendly remote data gathering system for medical doctors and their staffs to record data for FDA c?:nical trials. Tracking Technologies, Inc. This company has developed a criminal apprehension system incorporating proprietary technology. Patent applications are now underway. Visual Circuits Corporation This company develops and markets proprietary circuit boards (with embedded software) for MPEG and related video compression requirements including video intemet and multimedia applications. Its customers include IBM. Other companies with attractive products and/or services are either candidates for the incubator or are clients under our new Incubator without walls program that is designed to provide assistance to companies that for various reasons are not able to join us at this time in the incubator. These prospects include (among others): Data Machine International, Inc. This company holds a patent for the reconfigurafion of disk drive operating systems thus speeding up certain data processing transactions by as much as 200 times their current speed. Virogen This company is developing - under license from the University of Minnesota - an advanced system for the innoculafion of poultry while still in the egg (itt ovo injections) for greater viability once hatched. How can my ccr'~pany get into Genesis? Genesis is looking for the best and brightest of the new high- t~h start-ups in Minnesota. We are looking for companies that fit into the following profile: 1) Management team with ability, integrity, and commitment to success 2) Proprietary or patented technology 3) Good prospects for attractive gross margins and strong revenue growth 4) Plans include Initial Public Offering (IPO) or acquisition within 3 to 5 years. If your firm qualifies, please contact: Harlan T. Jacobs, President Genesis Business Centers, Ltd. 3989 Central Avenue N.E. Suite 620 Columbia Heights, MN 55421 Telephone: 612/782-8576 Facsimile: 6121782-8578 email: TEDatGenesis@eWorld. com Internet Web Site: http:tlwww, interage.co.il/ genesis/genesis, htm Genesis Business Centers, Ltd. The Genesis Program is Designed with the High- Tech Entrepreneur in Mind. If you are a founder, officer or director of a high-tech start-up company, you should learn about the benefits of getting your business started at a Genesis Business Center near you. What does Genesis have to offer? The Genesis benefits begin with a stock-for-rent program; this conserves working capital for salaries and other important expenditures. With this equity stake, the goals of Genesis and your company are the same: the long-term appreciation of your common stock. With help from Genesis your emerging business can put together a good portion of the critical first one to three hundred thousand dollars of the equity capital you will need. We can help access progressive community development groups such as the Anoka County Capital Fund with its affiliated investment club: the Anoka Investment Partners, L.L.C. Additional seed funds are available under a special convertible loan program from the Urban Challenge Grant that is administered by the Anoka County Economic Development Partnership. To further assist start-ups, Genesis holds interactive work- shops with experts in business, industry, and the professions. Your management team can ask questions and learn critical insights thus avoiding costly errors and omissions. This should help make your company more attractive to investors. As Your Company Matures... Through our association with Portage Capital, Inc. and its principal, Bradley Lehrman, Esq., your company has good access to further sources of equity capital when it reaches an appropriate level of growth and development. Genesis and Portage are joint venture partners in the Minnesota Private Investor Enterprise (MNPIE). This unique program introduces your company to as many as 100 local business angels in a comfortable luncheon setting in one of the private banquet rooms at the top of the IDS Center. This is a cost-effective and highly focused opportunity to make a good impression on a significant number of the leading private investors in Minnesota. In addition, frequent tours of the Genesis incubator help bring your company in contact with important business, professional and community leaders. These contacts can be very helpful in growing your businesses. Several new programs should begin in the Spring of 1996. Transplant Program Entrepreneurs from the Twin Cities metro area will be recruited for starting their businesses at a Genesis Business Center for eventual trans- plantation to an out-state location. By means of a contractual agreement to locate a substantial number of its jobs in a given cowanuniW outside the metro area upon completion of the incubation phase, it is intended that special funding from various outstate sources would be made available while the company is located in the incubator. Additional Genesis Locations Genesis intends to open additional Twin Cities and select out-state sites in the near future. These include: Bemidji, Northfield, St. Cloud, St. Paul, South St. Paul, the Technology Corridor in Minneapolis, and other progressive communities thronghout the state and metro area. Genesis also plans to establish its own dedicated venture (seed) capital fund and to affiliate with select bridge loan funds in order to help facilitate fast track access to capital on terms that are fair and reasonable. These fund would be utilized to help finance the growth of the incubator companies. Since the due dihgence on the incubator companies is performed almost daily by the incubator manager, the response time from Genesis should be far more timely than from the traditional sources that must start their due dihgence from scratch. How did Genesis get started? Harlan Jacobs is the principal of Genesis. Over the years he made numerous investments in early-stage high-tech companies including FilmTec, Recovery Engineering, Optical Sensors, SurVivaLink and Leuma. In evaluating various investment candidates, he noted these companies found some difficulty in obtaining the very first round of outside funding. This problem could either be solved or ameliorated by providing incubation facilities and services including introductions to capital sources. The idea of a high-tech incubator seemed to be a good way of meeting these common needs. Hence Genesis was formed in the summer of 1993 with special assistance from a nationally prominent firm in the field of rapid prototyping based in the Twin Cities area. Are there an3' concrete examples of success with the Genesis pro- gram? Our first incubator company and our first graduate, SurVivaLink Corporation, found the progran~ to be helpful in several of the above-described ways including one more. Genesis helped to arrange an inexpensive means of developing the company's first product enclosures. Rather than the time and expense of hard tooling, an arrangement was made between a rapid prototyping house and SurVivaLink in which, for some cash and some stock, short-nm toohng did the job faster and cheaper than the conventional approach. The extra cash was then used for the critical needs of the business. SurVivaLink received FDA approval for its field-rugged and user-friendly portable defibrillator early in 1995. Since then, its investors have included Medtronic, a nationally prominent venture capital firm, and several friends, colleagues, and associates of Genesis. It is hoped that SurVivaLink is moving toward an IPO in the next year or two. Of greatest importance, its devices have already saved several lives right here in Minnesotc~ PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 9, 1996 PAGE 1 The Planning and Zoning Commission meeting of January 9, 1996 was called to order at 7:00 p.m. by Chair Marlaine Szurek. Members present were Paulson, Fowler, Peterson and Szurek. Commissioner Larson was not in attendance. Also present were Tina Goodroad (Zoning Coordinator) and Jim Hoeft (City Attorney). Motion by Fowler, seconded by Paulson, to approve the minutes from the meeting of December 5, 1995 as presented in writing. Roll Call: All Ayes. City Council representative Don Jolly was present to highlite the monthly value for January that is part of the Values First Program. The value for the month of January is "respect". The definition of respect as chosen by the values group is "showing consideration for self, others and property, displaying courtesy to others, being kind and understanding to others, getting to know new people, and being a good listener". Mr. Jolly explained that, as a member of the committee and the City Council, he will be visiting with each Commission of the City during the month of January to encourage the promotion of the value of respect within our community and our lives. He distributed a pamphlet and flyer regarding the values program. NEW BUSINESS: Petitions, letter and requests. Public Hearing Conditional Use Permit Case #9601-01 First Community Credit Union 843 N.E. 40th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of the First Community Credit Union for a Conditional Use Permit to allow the operation of a permanent car sales lot at 843 N.E. 40th Avenue with up to five (5) vehicles on display in their north parking lot area. She informed the Commission that Rick Lange, President of FCCU, submitted a letter to staff stating that he wants to provide the service of helping members sell and purchase vehicles. Ms. Goodroad informed the Commission that this property is located in the Central Business District where new or used car sales lots are not a permitted use. The only district where a car sales lot is allowed is in the Retail Business District with a Conditional Use Permit and with a minimum of three acres of land area. Auto sales are also a permitted use in the "1-2", Industrial District. Ms. Goodroad explained that the FCCU has received a Conditional Use Permit for the operation of a two-day car sales promotion that has occurred twice a year for the last two years. In October of 1995 the Commission approved the two-day car sales promotion for Credit Union "members only" and this approval was to allow no more than two, 2-day car sales per year for members only provided that alterations to the site PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, 1996 PAGE 2 plan submitted are not made during future sales and that an application fee would be paid yearly to the City and that the City be notified thirty (30) days in advance of each sale. When the Conditional Use Permit was granted, it was based on Section 9.112(2)(c) of the Central Business District Section of the Zoning Ordinance which allows open sales lots with a Conditional Use Permit provided that: 1. The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. 2. The assembly, repair or manufacture of goods shall not occur within an open sales lot. 3. If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location. 4. There is located thereon a building devoted to and used in such use which is at least as large in floor area as such occupation and use. Ms. Goodroad stated that it was her belief that this section was not intended to be applied to a permanent car sales lot. She felt that the Central Business District should be mostly retail sales and service based businesses and would not be an appropriate area or district for a car sales lot. She stated that staff was initially directed to find a way to allow the Credit Union to have their two-day sale and that this section was the only way it could be allowed. In her opinion, a two-day car sale promotion is very different from allowing a permanent, on-going car sales lot. She informed the Commission that the Credit Union began selling cars on the lot on a daily basis in November, one month after their approved two-day sale, and have had the cars for sale on the lot ever since. She stated that she had conversations with Mr. Lange and asked that the vehicles be removed from the lot until the issue could be resolved. The FCCU has had advertising for their "Fleet Department" in flyers and on banking receipts. Ms Goodroad explained that a person on staff in their Fleet Department operates in the same manner as a car dealer. She stated that, in a discussion with him, it was discovered by Staff, that purchasers do not necessarily have to be members of the Credit Union. However, the Credit Union most certainly would like to provide the financing for the purchase. Ms. Goodroad stated that she had spoken to the Department of Commerce about whether this type of business would require a state license. The Dept. of Commerce would not require a state license if the sales were determined to be a part of the normal business operation, meaning, the vehicles that were to be sold would be repossessed by the Credit Union. However, if the cars are being sold outright or on consignment, they would be considered a dealer and would have to he licensed by the State. She also informed the Commission that the City of Columbia Heights also has a license requirement for car sales lots. She stated that the Credit Union did not have a State license in their name nor a City license for car sales. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, 1996 PAGE 3 Ms. Goodroad informed the Commission that correspondence had been sent to the Credit Union in the past regarding automotive sales at their site. It was explained to them that auto sales are not an allowed use and that Section 9.116(2)(a) of the Parking Ordinance states "existing off-street parking and loading spaces shall not be reduced in number unless the existing amount of parking spaces exceed what is required". She also informed the Commission that Section 9.116(2)(m) of the Parking Ordinance states "Use of parking areas: Required off-street parking spaces in all districts shall not be used for open storage of goods such as boats, camp trailers, winter fish houses, semi-trailers, construction equipment or for the storage of vehicles which are inoperable, for sale or for rent". According to these sections, using the lot for the sale of vehicles continuously as the Credit Union is doing is a violation of the City Ordinances. In addition, she felt that this type of use would not meet the requirement for the Central Business District in which it is located and would set a precedent that could be detrimental to the entire city. She stated that Staff is concerned that, if the Credit Union would be allowed, to continue the car sales on a daily basis, that other banks, service stations or other businesses would be requesting the same consideration and would expect to receive the approval. Commissioner Szurek stated that she had observed the vehicles parked in the Credit Union lot. She felt the City had accomodated the Credit Union by allowing the special two-day car sales twice a year and that it had been clearly noted at the past Planning and Zoning Commission meeting when reviewing that request that car lots are not an allowed use in the Central Business District. She stated that she would not be in favor of any type of "spot zoning" to accomodate such a business as that is not good planning practice. Rick Lange, President of First Community Credit Union, was present. Mr. Lange stated that he must have misunderstood the telephone conversations with Ms. Goodroad and thought the car sales was allowed. He asked the Commission to make car sales an allowed use in the Central Business District to accomodate the Credit Union. He referred to the pool hall that was allowed on 40th and Central and inferred that the City made special provisions to accomodate that business. Mr. Lange stated that there was a person on staff with FCCU affiliated with Lease Management Group of Blaine that handled the car sale operation stating that Lease Management Group of Blaine operates as an auto broker to assist the membership of the FCCU in the purchase/lease of vehicles and carries the State required license. Mr. Lange asked why he has observed vehicles with "for sale" signs on them parked on City lots. Commissioner Paulson stated that if, as a private party, he chooses to sell his own vehicle, he may have a "for sale" sign displayed on the vehicle. In this situation where cars are parked and stationary for the intent of sale only and not to be used for transportation coupled with the fact that there is a person on Staff at the Credit Union handling vehicle sales and financing with a brokers license, it is clear this is an operation in business to sell vehicles. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, ]996 PAGE 4 Commissioner Szurek inquired if the section of property where the northerly parking lot exists was ever rezoned after the house on the site was removed and the property purchased by the Credit Union. Staff stated that the lot was not rezoned and was never combined with the Credit Union property. Mr. Lange stated that he was not aware that had not been done. Mr. Lange asked the Commission if they would look at the option to allow car sales in the Central Business District and consider what the Credit Union is proposing. Council Representative Peterson stated that the Central Business District was not the correct or appropriate zoning district for a car sales lot and, therefore, would not be allowed. In his opinion, the only way to allow for such a use in the CBD would be for the Credit Union to apply for rezoning of their property to Retail Business and then for a change in the Zoning Ordinance eliminating the three acre requirement for lot size for such use. In his experience with past rezoning hearings, they are not generally well received nor readily approved. As far as obtaining an ordinance change to eliminate the three acre lot size requirement for a car sales lot in the Retail Business District, he did not expect that would be approved as that would open up the all Retail Business Districts within the City for this type of operation. He also suggested to Mr. Lange that if the Credit Union plans on retaining the Fleet Management program, that another site be found for the storage of the vehicles. Commissioner Szurek stated that the Commission was willing to allow the twice a year two-day sale promotion. She would not be in favor of approving a car sale/lease lot in conjunction with the Credit Union that would be ongoing as it is not an allowed use in the Central Business District. Commissioner Paulson felt the Commission and the City made quite an exception for the FCCU in allowing the two-day car sale promotion. He felt that the Commission and the City Staff had worked out an agreement to accomodate the Credit Union as far as the special promotion request and had an agreement. Mr. Lange thanked the Commission for allowing the two-day sales as they are very successful. Motion by Fowler, seconded by Peterson, to deny the Conditional Use Permit request of First Community Credit Union and the proposed use would not meet current Zoning requirements and would set an unwanted precedent for the entire city and create a non-conforming use. Public Hearing Appeal Case #9601-02 Jay Kurvers 4102 N.E. 6th Street Columbia Heights, Mn. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, 1996 PAGE 5 Ms. Goodroad presented the request of Jay Kurvers for an appeal of an administrative denial by the Fire Department to require a rental license for a second dwelling unit in the lower level of 4102 N.E. 6th Street. The property is located in the R-2 Residential Zoning District where one and two family dwellings are permitted provided the property meets the required lot size. She explained that Mr. Kurvers has had a tenant in the lower level of his house without securing the required license. The lower level unit was created before Mr. Kurvers purchased the house and he was unaware of the rental license requirement. He lives in the remaining portion of his house alone and pays a single water billing rate for the entire property. There are not any records of the creation of the lower level unit nor any permits indicating that it was built to code. The unit was discovered when a 911 call was made to the house. She explained that the property is considered a non-conforming dwelling in the R-2 Zoning District as it does not meet the lot area requirement for a two-family dwelling. The lot is only 5,180 square feet. The lot size requirement for a two family dwelling in the R-2 Zone is 8,400 square feet. She explained to the Commission that many non-conforming rental units are currently licensed because they have have been in existance in the past or had two units at one time and have continued paying double water and sewer billing rates for the structure. This particular case does not have any precedents to allow it to remain in the opinion of the Fire Department. She directed the Commission's attention to the inspection report of the Fire Department explaining that they are most concerned about the window in the bedroom of the lower level rental unit. It is a standard basement window that is high on the wall and narrow. A proper egress window must be a minimum of 5.7 square feet of openable window area. She stated that the unit also lacks adequate separation between the rental area and the rest of the house. Ms. Goodroad explained that it is Mr. Kurver's intent to sell the home this spring and he has stated that he will be listing the home as a single family dwelling. However, he would like to have an extension on the orders of the Fire Department so he can allow his tenant to remain until the house is sold in March. The Fire Department objects to allowing an extension for liability reasons. It was stated that Mr. Kurvers could legally have a roomer or roommate living in the house provided that certain items be removed so that there is not a separate dwelling unit in the house. In other words, the roomer or roommate must have access to the entire structure. Mr. Kurvers was in attendance and presented pictures of the lower level dwelling unit explaining that the unit was created in approximately 1982 as stated in a letter he presented from the people from which he purchased the home. He stated that there were two doors exiting the bedroom, one that let out and up the stairs to go out of the building and the other into the next room where there was a large window. He felt that these to exits were ample to provide egress from the bedroom. Mr. Kurver's stated that he bought the house because it had a separate area that could be rented to help him with the house payments. He did state that when he sells the house he will advertise it as a single family dwelling with a "mother-in-law apartment" which was how it was advertised when he considered a purchase. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JANUARY 8, 1996 PAGE 6 Discussion was held regarding the allowance of "mother-in-law" apartments. It was staff's opinion that either a building is a single family dwelling or a two family dwelling. "Mother-in-law" apartments are a thing of the past and should never have been allowed as they are, more times than not, in violation of the zoning in which they are located and often were not constructed legally or inspected to assure code compliance. They are considered as a separate household or dwelling unit. Matt Field, of the Fire Department, was in attendance. Mr. Field stated that he conducted the initial inspection of the unit once the 911 report was filed that it existed. He indicated that he noted so many "red flags" indicating non-conformity with the Housing Maintenance Code that he did not complete the inspection after a certain point. The greatest concern was the lack of a proper egress window in the sleeping area explaining that it is important to have the properly sized window not only for the occupant to escape in case of a fire, but also to allow the Fire Department personnel access to the room from the outside to save the occupant. When entering a structure fire, Fire Department personnel have their equipment including oxygen tanks on their backs that have to be considered when looking at the need for the larger window. Mr. Field also explained that the lower level rental unit was not properly separated from the remaining portion of the house. The unit only had hollow core doors exiting into mor dangerous areas in case of a fire. He explained that the door into the stairwell is where smoke and heat can be trapped and can turn into a "chimney of heat". The door into the outer room and common area is where the furnace room is located and which is commonly where structural fires start. The City Attorney stated that it is not possible to "grandfather-in" fire and safety violations. He indicated that once staff is aware that this type of unit exists, the City must take action even though there may be other units existing in the City that are similar. He stated that in these type of cases, the inspectors need to determine whether the separate living area is clearly defined or set-up with individual kitchen facilities and proper access. Concerns would be legitimate if the area consisted of a stove and a refrigerator in the basement and that area was being treated as a rental unit. However, a stove and refrigerator in the lower level, in and of itself, may not constitute a separate living area. Council Representative Peterson felt these types of units can only be addressed on an "as need" basis as they are found. The City Attorney stated that Mr. Kurvers cannot continue to rent the unit as a separate dwelling unit. The lower level room cannot be used as a sleeping area without the proper egress. If someone is paying rent to live in Mr. Kurvers home, it must be as a roomer with access to the entire structure. If the lower level continues to be inhabited as a separate dwelling unit, the Fire Department will have the authorization to tag with a criminal misdemeanor offense for use of the non-conforming dwelling unit. He stated that the city cannot allow the continuation of such a non-conforming use. The liability for use of the non-conforming unit cannot be waived. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JANUARY 8, 1996 PAGE 7 Ms. Goodroad stated that we are dealing with an older City that has these types of units and we are not going to know where they all exist. The rental license ordinance has only been in existance for approximately five years. She felt that a lot of these units have been located and but stated that staff is still working on it. She also felt that the City was developed in a very dense manner and changes are made and comprehensive planning is done in a way to change the overall make-up of neighborhoods to change the density and that is a proper practice. Motion by Paulson, seconded by Fowler, to deny the appeal request of Jay Kurvers at 4102 N.E. 6th Street as it would allow the continuance of a non-conforming structure. Roll Call: All Ayes. Public Hearing Conditional Use Permit/Site Plan Case #9601-03 BW-3, Inc. 4811 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Susan Nordstrom on behalf of the BW-3, Inc. for a Conditional Use Permit to operate a restaurant and bar at 4811 Central Avenue as well as a request for Site Plan Approval. She explained that this property was once occupied as a Ponderosa Restaurant. Ms. Goodroad informed the Commission that the kitchen area and bathrooms would remain in the same location. The dining room would have some remodeling work done with a floor elevated in the middle, a bar added and other interior design work. The restaurant can be described as a sports bar with entrees on the lower end of the price scale with a specialty in chicken wings. They are also proposing a food pick-up window on the south end of the building. This window would only be used as a pick-up service for call ahead customers. The site plan indicated twenty-four feet of space between the parking spaces and the building for the drive-up window. She stated that the site plan shows an interior floor plan providing 191 seats with an additional 42 seats on a proposed exterior patio on the front of the building for a total of 233 seats. Based on the proposed total seating, the parking required would be 78 parking spaces. There are 85 existing parking spaces indicated on the site plan with no changes proposed to the design of the parking lot with the lighting of the area remaining unchanged. She informed the Commission that there was not any formal proposal for signage shown on the site plan. The exterior patio area is proposed with eight four-person tables and five two-person tables at the front of the building. Staff had concerns with the noise that could travel from that area in warmer weather as this property abuts a residential area to the east. Staff also expressed concerns that some type of barrier or fence be installed around the patio area so that access to the patio is only from the interior of the building and to prohibit the distribution of any alcoholic beverages to outside the building premises. It was stated that entrances and exits to the building be kept clear at all times. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, 1996 PAGE 8 Susan Nordstrom was present as the broker representing the BW-3, Inc. She informed the Commission that this restaurant would be the first company owned operation. The other BW-3 restaurants in the area are owned individually. The company originated in Ohio and recently have moved their financial headquarters to Minneapolis. Discussion was held regarding the operation of the outdoor patio. It was the Commission's concensus that the area be enclosed by either a high fence or another method that would assure that no alcohol could be distributed to outside the area and that the access to the patio area be only from the interior restaurant. Hours of operation of the area were also a concern. It was determined that Staff would discuss the situation with the Police Department for a determination of how late that area could be occupied. Motion by Peterson, seconded by Fowler, to approve the Conditional Use Permit and Site Plan provided that some type of barrier/screening be installed around the proposed exterior patio with access only from the interior with the method to be approved by Staff, that the entrance and exit be kept clear, that no audio be available to the outside area and that the hours of operation of the patio area be as determined by the Police Department. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JANUARY 22, 1996 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit Case #9601-04 Linder Greenhouses, Inc. RE: 4300 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Peter Linder and the Linder Greenhouses, Inc. for approval of a Conditional Use Permit to allow the operation of a temporary "mini-greenhouse" and retail sales in the easterly parking area of the Central Valu Mall at 4300 Central Avenue from April 13, 1996 through June 30, 1996. She explained that this would be the seventh year that Linder Greenhouses will be operating in the same location. The operation is proposed the same as in 1995 with two structures having four exits, two cashier areas and four fire extinguishers. The six foot doors are proposed to remain open during hours of operation. Ms. Goodroad informed the Commission that permission had been received in writing from Kraus-Anderson, property managers, for the use of the site. Motion by Paulson, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit for the operation of the temporary structure at 4300 Central Avenue by Linder Greenhouses from April 13, 1996 through June 30, 1996 provided a deposit of $500 is submitted to the License/Permit Clerk prior to the installation of any structures on the site. Roll Call: All Ayes. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, 1996 PAGE 9 **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR JANUARY 22, 1996. Public Hearing Conditional Use Permit/Site Plan Case #9601-05 White Rental 3901 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of the owners of White Rental for a Conditional Use Permit and Site Plan Approval to allow the operation of a truck/trailer rental lot at 3901 Central Avenue. White Rental is purchasing this property and proposing to move their rental operation from 4200 Central Avenue to this site. The truck/trailer rental is a part of the all-around equipment rental business conducted by White Rental. She explained that a portion of the building would be used for retail, office and storage of the rental equipment. The portion of retail area they will be using is 1,392 square feet which would require a minimum of seven parking spaces. The proposed site plan indicates seven parking spaces at the front of the building provided for customers and employees. She informed the Commission that White Rental would have available five to six trucks and/or trailers at the site. The spaces where these items would be stored are designated along the north side of the building and at the rear of the building. She stated that the property has two entrances to the site, one off Central Avenue and one off of 39th Avenue on the south side of the building. Doug White was available to answer any questions or concerns of the Commission. He informed the Commission that, at times, there could be more trucks or trailers left at the site depending on the demand at the time. He assured the Commission that the excess vehicles would be removed from the site within one day. Motion by Fowler, seconded by Peterson, to recommend to the City Council the approval of the Conditional Use Permit and Site Plan for White Rental at 3901 Central Avenue provided the site be monitored by Staff to limit the storage of trucks/trailers on the site to twelve vehicles. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR JANUARY 22, 1996. Public Hearing Variance Case #9601-06 Bruce and Vicki Fischbach 4212 Washington Street N.E. Columbia Heights, Mn. Ms. Goodroad presented the case of Mr. and Mrs. Fischbach for a variance to allow a non-conforming, two family dwelling at 4212 Washington Street. She informed the Commission that Section 9.108(4) of the R-2 Residential Section of the Zoning Ordinance requires a minimum lot area of 8,400 square feet for a two- family dwelling. This particular lot is 5,547 square feet. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, 1996 PAGE 10 Ms. Goodroad explained that on January 19, 1990 a building permit was approved and issued to construct an apartment on the upper level of this structure. The permit reads "non-conforming use previously in existance". However, the Water Department records state that the property was never billed as a duplex. According to the Fischbach's, the property has not had a rental unit for the last eight years. That same permit issued in 1990 expired without the work being completed and was renewed in September of 1992. When the Fischbach's contacted the Inspection Department for a final inspection of the work, Evelyn Nygaard felt a formal variance should be pursued to make this unit legal as the two-unit building would be a non- conforming use in the R-2 District because it lacks the required lot area. Our "non-conforming" section of the Zoning Ordinance requires that, if the non-conforming use ceases operation for six (6) months, the use must then be made conforming. Ms. Goodroad noted that the rental unit has not been used for years, far more than just six months. She informed the Commission that in April of 1994, Evelyn Nygaard recommended to the Planning and Zoning Commission the approval of the variance based on the work and investment the Fischbach's had made into creating the unit and based on the fact that the plans for it were approved in 1990. However, the duplex should never have been approved in 1990 as the non-conforming ordinance was in effect at that time and should have applied to this case. Ms. Goodroad also felt that the variance should not have been approved in 1994 as it sets a precedent for people to create duplexes on non-conforming lots. Ms. Goodroad stated that she had received a telephone call from an adjacent property owner who had concerns with the density of the property and the possibility that the building could be sold and become unoccupied by the owner. Discussion followed regarding the use of the structure. Attorney Hoeft felt that the Commission is obligated to approve the variance due to the past actions of Staff and the Commission. However, he stated that the non-conformity of the structure must be stated and understood by the homeowner that if the unit were unoccupied for six months or longer, the structure would revert to the single family use and status. He also stated that there is no proof that the applicant was informed of the one-year time frame for the use of a variance once approved. However, in this case, the approval would be valid only for six months due to the non-conformance clause of the Zoning Ordinance. Vicki Fischbach was present and understood the time frames and status of the approval and proposed use of the structure. She informed the Commission that she had applied for the necessary rental license. Motion by Peterson, seconded by Paulson, to recommend approval of the variance to the City Council due to this unique situation and based upon the previous existance of an approved building permit allowing the creation of the unit and due to a prior variance being granted, provided the second floor unit at 4212 Washington Street is rented and occupied within six months from the final approval date. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JANUARY 22, 1996 CITY COUNCIL AGENDA. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JANUARY 8, 1996 PAGE 11 Public Hearing Variance Case #9601-07 Jeff Winter 3927 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Winter for a variance of thirty (30) square feet to allow additional signage on the west side of the building located at 3927 Central Avenue for Big Bob's New and Used Carpet. She explained that in October of 1995, Big Bob's were granted a variance for the total signage of the tenant space to be calculated at four times the store frontage of 42 feet equaling 168 square feet of allowed signage. This variance was the same as that granted to the Salvation Army (in the same building), however, the Salvation Army was able to utilize an existing 144 square foot wall sign. Ms. Goodroad informed the Commission that Mr. Winter's business will be sharing a 75 square foot pylon sign with Mady's Bowling Center with each tenant utilizing 37.5 square feet of their allowed signage. Mr. Winter has a total of 168 square feet of allowed signage which leaves 130.5 square feet to use for wall signage. However, with the 100 ssquare foot limit on wall signage as stated in Section 9.117A(9)(b) of the Sign Ordinance, there will be 30.5 square feet of allowed signage that will not be used. That is the reason Mr. Winter is requesting a thirty square foot variance on wall signage. Mr. Winter was in attendance. He felt that a precedent was set in the approval of the 144 square foot wall sign for the Salvation Army. Roger Neubauer, general manager for Big Bob's Carpet, was also in attendance and explained the need for as much additional signage they can obtain because the building is set so far back from Central Avenue. He felt that the traffic flows so fast through the area that it is difficult for customers to identify their business. Commissioner Szurek was perplexed by this second request as the Commission was very specific when granting the variance in October regarding the use of the signage. When the variance was initally approved, it was her understanding that the variance was for signage for the entire building and remembers informing the tenants that it was up to them to determine how much of this signage would be used by each tenant. Council Representative Peterson reminded the Commission memebers that since that meeting, Mr. Winter and Mady's have requested and been approved for individual variances on the amount of signage they are allowed. Ms. Goodroad explained further that Section 9.117A(9)(b) of the Sign Ordinance allows only 100 square feet of wall signage and that would leave 30.5 square feet of unused signage. This variance would allow that remaining thirty square feet of unused signage to be utilized as wall signage. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 8, 1996 PAGE 12 Motion by Peterson, seconded by Paulson, to recommend to the City Council the approval of the variance of thirty square feet to allow total wall signage of 130 square feet on the building at 3927 Central Avenue due to the hardship of the distance that the building is set back from the front property line. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JANUARY 22, 1996 CITY COUNCIL AGENDA. STAFF REPORTS: Ms. Goodroad informed the Commission that, because the Building Inspector has been unavailable due to a medical leave for an undetermined amount of time, there is no one in the Community Development Department with the authority to issue citations for violations to the Zoning Ordinance that may occur. This makes enforcement of the codes very difficult. Discussion was held regarding the situation. It was the concensus of the Commission that the authority be granted to Tina Goodroad to issue citations but that she exercise the utmost care and caution to exert all other efforts to resolve a situation prior to the issuance of a citation. Motion by Paulson, seconded by Szurek, to recommend the City Council authorize Tina Goodroad of the Community Development Department the ability to issue citations. Roll Call: All Ayes. Motion by Paulson, seconded by Peterson, to adjourn the meeting at 10:00 p.m. Respectfully s.p~n~nitted, Kathryn Pepin Secretary to the Planning and Zoning Commission Roll Call: All Ayes. kp OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION NOVEMBER 27, 1995 CALL TO ORDER Mayor Sturdevant called the Board of Trustees Meeting to order at 7:36 p.m. So ROLL CALL Petkoff, Ruettimann, Peterson, Sturdevant - present Councilmember Jolly was out of town on City business. APPROVAL OF MINUTES Motion by Ruettimann, second by Peterson to approve the minutes of the October 23, 1995 Board of Trustees Meeting as presented. There were no corrections. ACCEPTANCE OF RESIGNATION Motion by Sturdevant, second by Ruettimann to accept the resignation of Rick J. Smith from the Volunteer Fire Department effective November 2, 1995. Roll call: All ayes Smith was appointed to the Volunteer Division of the Fire Department on November 1, 1991. No Relief Association benefits have been accrued. ADJOURNMENT Motion by Ruettimann, second by Petkoff to adjourn the Board of Trustees Meeting at 7:37 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: January 22, 1995 AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER Relief Association APPROVAL NO: Fire ITEM: Lance R. Montague Resignation BY: Charles Kewatt NO: DATE: Jan 4, 1996 DATE: ~ Columbia Heights Fire Department Volunteer Relief Association Board of Trustees Please be advised that Lance R. Montague has resigned from the Fire Department effective December 28, 1995. Lance was appointed to the Reserve Division of the Fire Department on June 21, 1990 and was transferred to the Volunteer Division on August 9, 1990. He was a member in good standing with our department. RECOMMENDED MOTION: Moved to accept the resignation of Lance R. Montague, Volunteer Fire Department, effective December 28, 1995. No Relief Association benefits have been accrued. 96-19 ICOUNCIL ACTION: CITY COUNCIL LETYER Meeting of January 22, 1996 AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER Relief Association Fire APPROVAL NO: ITEM: Recommendation for Relief Association BY: Charles Kewatt ,..d( /'~/ Membership DATE: (/it~ :i ~ DATE: Jan 4, 1996[al NO: Columbia Heights Fire Department Volunteer Relief Association Board of Trustees This is to advise that the following people have successfully completed the minimum performance qualifications required for appointment to the Volunteer Division. They have been appointed to the department as a probationary Volunteer Firefighter effective January 2, 1996. Mark J. Fisher Samuel J. Hinrichs Pursuant to Minnesota Statutes, they are now eligible for membership in the Columbia Heights Fire Department Volunteer Division Relief Association, effective January 2, 1996. RECOMMENDED MOTION: Moved to have the Fire Department Volunteer Relief Association Board of Trustees take official action to accept Mark J. Fisher and Samuel J. Hinrichs as members of the Association effective January 2, 1996. 96-25 cc: Volunteer Relief Assn Secretary COUNCIL ACTION: CITY COUNCIL LETFER Meeting of: January 22, 1996 AGENDA SECTION: NO: ITEM: NO: Volunteer Fire Relief Association ORIGINATING DEPARTMENT: Fke Retirement, Robert A. Davidson BY: Charles Kewatt DATE: Jan 19, 1996 CITY MANAGER APPROVAL BY: Columbia Heights Fire Department Volunteer Relief Association Board of Trustees Please be advised that Robert Ansel Davidson will be retiring from the Volunteer Division of the Columbia Heights Fire Department on February 15, 1996. His letter of resignation is attached. The following are pertinent dates from his personnel records: Date of Birth -- July 13, 1940 Employment Start Date -- July 30, 1975 Retirement Date -- February 15, 1996 Total Time Served as Volunteer Firefighter -- 20 years, 7~ months In accordance with the Volunteer Division Relief Association By-Laws (Article VI, Section I), Bob is eligible to receive his pension benefits. RECOMMENDED MOTION: Moved to accept the resignation, due to retirement, from the Columbia Heights Fire Department effective February 15, 1996; and furthermore, to schedule pension payments through the Volunteer Division Relief Association. Per Article VI, Schedule A, the amount of his monthly pension will be $367.20. 96-30 Attachment COUNCIL ACTION: