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HomeMy WebLinkAboutMarch 25, 1996 RegularADlJ~NISTRATION Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Meg Jones Gary L. Peterson Mark .4. Winson March 22, 1996 The following is the agenda for the regular meeting of the City Council to be hem at 7:00 PM on Monday, March 25, 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 Secretat~y at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) I. CALL TO ORDER AND ROLL CALL (Commencement of CabIecasting of Regular Meeting on Television.) 2. PLEDGE OF AI_ZEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the Gty Council and will be enacted as part of the Consent Agenda by one motion. Items r'emoved 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 Regtdar Gty Council Meeting of March 11, 1996 MOTION: Move to adopt the minutes of the Regular City Council Meeting of March 11, 1996. 2) Waive Permit Fee for Refreshments to be Served at City Auction MOTION: Move to waive the permit fee for "Mary's Lunch Wagon" to sell food and beverages during the City Auction on Thursday evening, May 9, 1996. 3) Authorize Staff to Seek Quotes for Replacement of Lawn Maintenance Trailer//230 MOTION: Move to authorize staff to seek quotes for replacement of lawn maintenance trailer #230. 4) Establish Work Session Date for April, 1996 MOTION: Move to establish a work session on April I5, 1996, immediately after the Local Board of Review Meeting. 5) MOTION: Move to Approve the 1996 License Applications as Listed Upon Payment of Proper Funds. 6) Payment of Bills MOTION: Move to Pay the Bills as Listed Out of Proper Funds. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. North Metro Mayors Association Presentation by Joseph Strauss B. Columbia Heights Block Builders Presentation on McKettna Park Improvement C. Introduction of New Employee--Ken Anderson, Community Development Director 590 40TH AVENUE N.E., COLUMB~ HEIGHTS, MN 55421 PHONE (612) 782-2810 FAX (612) 782.2801 TDD (612) 782.2806 Be City of Columbia HeChts does not discriminate on the basis of disability in employment or the prc ~sion of services Equal Opportunity Employer Page 2 CITY COUNCIL AGENDA FOR MEETING OF MARCH 25, 1996 6. PUBLIC HEARINGS Bo Do Public Hearing - Third (Corrective) Reading of Ordinances 1317, 1318, 1319, 1320, and 1321 RECOMMENDED MOTION: Move to Waive the Reading of the Ordinances, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Approve Ordinances 1317, 1318, 1319, 1320, and 1321, with Corrected Property Identification Numbers, and Ordinance Authorizing Conveyance of Certain Real Estate Located at 4501 Taylor St. N.E., 4549 Taylor St. N.E., 4555 Taylor N.E., 4550 Fillmore St. N.E., and 1221 40th Avenue N.E., Respectively. Public Hearing - Second Reading of Ordinance No. 1322, Amending Ordinance No. 853, City Code of 1977, Pertaining to Zoning Amendment to Section 9.112 (2), Pertaining to Conditional Uses in the Central Business District RECOMMENDED MOTION: Move to waive the reading of the Ordinance Amendment #1322, there being ample copies available to the public. RECOMMENDED MOTION: Move to Approve Ordinance #1322, Amending Section 9.112(2) ofthe Zoning Ordinance. Public Hearing - Rental License Suspension/Revocation for 5121 University Avenue, Lynde Investments RECOMMENDED MOTION: Move to close the hearings on revocation of the rental license for 5121 University Avenue N.E. RECOMMENDED MOTION: Move to approve a conditional rental license for 5121 University Avenue N.E., conditioned upon the replacing of all apartment unit entryways with solid core I 3/4 inch doors with U.L. approved door closures and smoke, seals by January 1, 1997; the unused water heater be removed; and one-third (1/3) of outstanding fees be paid for the next (3) months commencing March 25, 1996. Public Hearing - Rental License Sus~ensionfRevocation for 5131 University Avenue, Lynde Investments RECOMMENDED MOTION: Move to close the hearings on revocation of the rental license for 5131 University Avenue N.E. RECOMMENDED MOTION: Move to approve a conditional rental license for 5131 University Avenue N.E., conditioned upon the replacing of ali apartment unit entryways with solid core I 3/4 inch doors with U.L. approved door closures and smoke seals by February 1, 1997, and one4hird (1/3) of outstanding fees be paid for the next (3) months commencing March 25, 1996. Public Hearing - Rental License Suspension/Revocation for 5141 University Avenue, Lynde Investments RECOMMENDED MOTION: Move to close the hearings on revocation of the rental license for 5141 University Avenue N.E. RECOMMENDED MOTION: Move to approve a conditional rental license for 5141 University Avenue N.E., conditioned upon the replacing of ali apartment unit entryways with solid core I 3/4 inch doors with U.L. approved door closures and smoke seals by March 1, 1997, and one-third (1/3) of outstanding fees be paid for the next (3) months commencing March 25, 1996. Public Hearing - Rental License Suspension/Revocation for 4050 4th Street, Lynde Investments RECOMMENDED MOTION: Move to close the hearings on revocation of the rental license for 4050 4th Street. RECOMMENDED MOTION: Move to approve a conditional rental license for 4050 4th Street, conditioned upon the replacing of all apartment unit entryways with solid core 1 3/4 inch doors with U.L. approved door closures and smoke seals by April 1, 1997, and one-third (1/3) of outstanding fees be paid for the next (3) months commencing March 25, I996. 7. ITEMS FOR CONSIDERATION Ao Other Resolutions/Ordinances 1) Resolution 96-31, Resolution Authorizing Purchase of HilIcrest Property Adjacent to Huset Park RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96-31, Resolution of the City Council of Columbia Heights approving the purchase agreement and purchase of Tract D, RLS #159, Anoka County, Minnesota. Page 3 CITY COUNCIL AGENDA FOR MEETING OF MARCH 25, 1996 Bid Considerations 1) Authorize Final Payment for LaBelle Pond Improvements RECOMMENDED MOTION: Move to accept the work for LaBelle Pond Rehabilitation - Peripheral Improvements, Project 9312, and to authorize final payment of $1,631.50 to Dave Perkins Contracting, Inc. of Ramsey, Minnesota. 2) Award 1996-97 DED Tree Removal Program RECOMMENDED MOTION: Move to Award the 1996-1997 Dutch Elm Disease Tree Removal Contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based on their low, Qualified, Responsible Bid of $I0.00 per inch diameter on tree removal and $1.45 per inch diameter for stump removal or a total of $1J.45 per inch diameter; and Furthermore, to Authorize the Mayor and City Manager to Enter into a Contract for the Same. Other Business 1) Authorize Funding for "The Zone" RECOMMENDED MOTION: Move to Authorize the Payment of $1,700.00 to the City of Fridley for the Expense of One Adult Supervisor at 'The Zone"for the Remainder of 1996, With Funds Being Appropriated From the City Council Contingency Fund 101-41110-8100. 2) City's Response to U.S. West's Petition to the Minnesota Public Utilities Commission RECOMMENDED MOTION: Move to Direct Cable Attorney, Tom Creighton, to Include the city of Columbia Heights in the Filing of a Petition to Intervene in U.S. West's Petition. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of the March 6, 1996, Planning and Zoning Commission Meeting B. Minutes of the March 4, 1996, Public Library Board of Trustees Meeting C. Other Communications 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. EXECUTIVE SESSION- DISCUSSION OF LIMIT ON SETTLEMENT AUTHORIZATION RECOMMENDED MOTION: Move to Close the Regtdar Council Meeting of Tonight, March 25, 1996, to Move to an Executive Session for the Purpose of Discussing the Limit on a Settlement Authorization, and that JoAnne Student be Appointed to Keep a Written Record of Same. RECOMMENDED MOTION: Move to Reconvene the Regularly Scheduled Open Meeting of the Columbia Heights City Council on March 25, 1996, Having Been in Executive Session to Discuss the Limit on a Settlement Authorization, a Written Record Being Kept by JoAnne Student. 12. ADJOURNMENT 96/33 Mark A. Winson, Acting City Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 11, 1996 CALL TO_ORDER/ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. 2. PLEDGE OF ALLEGIANCE ~DDITIONS/DELETIONS TO..~TING AGENDA The City Manager advised there were two additions to the Consent Agenda. The first is an addition of a variance requested by BW-3 for a restaurantat 4811 Central Avenue. The second was to add public hearings for four properties whose licenses are being considered for revocation. The City Manager recommended these public hearings be continued. The third matter was a substitution for material regarding a resolution amending the 1996 budget for encumbrances. ® CONSENT AGENDA Motion by Peterson, second by Jones to approve the following items on the Consent Agenda: Minutes for AD,royal The Council approved the minutes of the February 26, 1996 Regular Council Meeting and the correction of the April 10, 1995 Council Meeting minutes as presented. Set Salary of 1996 Summer Bike Patrol Officer The Council aPprOved setting the bike patrol officer salary for the 1996 summer season at $6.00 per hour with the salary to be paid from the Police Department Fund 101-42100-1012. Establish Pay Range for Library Aide Th'e Council established the following 1996-wage range for the position of part-time, temporary Library aide at: Entry 6 Months 12 Months 24 Months $5.39/hr $5.70/hr $6.01/hr $6.32/hr $6.63/hr REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 2 Authorize Out of Town Training for Police Chief and Captain The Council authorized the attendance of Chief Tom Johnson and Captain Leonard Olson at the annual Minnesota Chiefs of Police Association 1996 Executive Training Institute in St. Cloud, Minnesota, April 15-18, 1996, expenses to be paid from the Police Department Fund 101-42100-3320. Establish Wage Range for Student Intern The Council established a wage range of $8.00 to $10.00 for student interns, effective January 1, 1996. Approve Closing of Columbia Heights Public Library to the Public April 10-11o 1996 The Council approved the closing of the Columbia Heights Public Library to the public April 10, 1996 and April 11, 1996 until 3:00 p.m. to accommodate the automated circulation system's main frame upgrade and to designate said time as "clean up" day for staff in the building. Establish Dates for Public Improvement Hearings The Council established public improvement hearings for Monday, April 1, 1996 and Monday, April 29, 1996 at 7:00 p.m. in the City Council Chambers. Authorize Ma¥or/~$ty .Manager to $igD ¢~stQmi~ed Training Contract The Council authorized the Mayor and City Manager to sign the customized training contract between Anoka-Hennepin Technical College and the Columbia Heights Fire Department. Approve Conditional Use Permit. Ace Hardware. 2~6~ 37th AV~Due Northeast The Council approved the conditional use permit request for Ace Hardware at 2261 37th Avenue Northeast provided a $500 deposit is submitted to the License/Permit Clerk prior to the installation of the structure on the site. Approve Front Yard Setback Variance for Steel Tech, 450 38th ~v~nue Northeast The Council approved the nineteen (19) foot front yard setback variance for 450 38th Avenue Northeast based on the irregular shape of the lot and the limitation of the lot for expansion. Approve Conditional Use Permit. First Community Credit Union, 843 40th Avenue Northeast The Council approved the conditional use permit to allow no more than two sale/fleet vehicles to be left for display on the northeast portion of the parking lot of 843 40th Avenue Northeast provided that: REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 3 1) The ordinance amendment allowing this use by a conditional use permit is approved by the City Council (if approved by the City Council after a second reading, the amendment would not be effective for thirty (30) days) 2) A city license application is submitted with the appropriate license fee; and 3) Signage displayed within the display vehicles are approved by City staff. Approve Conditional Use Permit. Jim Ruvelson/NW Bank. 411] CentralAvenue Nor%beast The Council approved the conditional use permit to allow an accessory structure for a canopy and two drive-thru lanes on the south end of the south building at 4111 Central Avenue Northeast as it meets the requirements of the Zoning Ordinance. Authorize Disposal of ¢~tY Truck~ Unit #2~ The Council authorized the City Manager to dispose of Municipal Unit #22, a 1978 Ford F700 dump truck at the Hennepin County Auction scheduled for May 4, 1996. Authorize Staff to Seek Bids for Refurbishment of the 1977 Ford 9000 Fire Truck The Council authorized staff to seek bids for the refurbishment of the 1977 Ford 9000 fire truck. Authorize Staff to Seek Ouotes for Repair of the P~lice Department Garage FioQr The Council authorized staff to seek quotes for repair of the Police Department garage floor and funds be appropriated from the 1996 Undesignated General Fund. Authorize Staff to Seek Bids for a One Ton Pavement Roller The Council authorized staff to seek bids for a one ton pavement roller. Resolution No. 96-29 Beina a Resolution Requesting Change %Q Personnel Policy The Council waived the reading of the resolution there being ample copies available for the public. RESOLUTION..NO. 96-~9 ADOPTING REVISIONS IN THE PERSONNEL POLICY MANUAL REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 4 WHEREAS, in order to establish an equitable and uniform procedure for dealing with personnel matters, the City of Columbia Heights previously adopted a revised Personnel Policy Manual, dated November 13, 1989; and WHEREAS, as a result of a review of the Personnel Policy Manual, revisions are recommended for adoption; and NOW, THEREFORE, BE IT RESOLVED, by the Columbia Heights City Council that it does hereby adopt the changes to the Personnel Policy Manual, dated March 11, 1996, a copy of which is on file in the Office of the City Manager; and, BE IT FURTHER RESOLVED that such revisions in the Personnel Policy Manual be effective March 11, 1996. Passed this llth day of March, 1996. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Approve Change of Parking Limit at 848 40th Avenue Northeast The Council approved the retention of the "30 minute parking" limit from Jackson Street to east property line of 828 40th Avenue Northeast and designated "2 hour parking" from east property line of 828 40th Avenue Northeast to Van Buren Street Northeast based on the recommendation of the Traffic Commission. Approval of License Applications The Council approved the license applications as listed upon payment of proper fees. Approval of Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Variance Request - BW-3. Inc.. 4811 Central Avenu~ Northeast The Council approved the variance requested by BW-3, Inc. for property located at 4811 Central Avenue Northeast to Section 5.503(10(c) to allow a decrease in the square footage requirement for dining area as required for On-Sale liquor sales based on the fact that the new handicap accessibility requirements are required to be met by the owner. REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 5 Se e RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUEST~ Mayor Sturdevant invited a representative of a Boy Scout Troup to introduce the Troup and state their reason for attending the Council Meeting. The representative stated the visiting troup is Boy Scout Troup #92. Their attendance is to satisfy some of the requirements of advancement and is focused on "citizenship." Values First - Integrity for the Month of March Proclamation Mayor Sturdevant read the proclamation designating integrity as the value for the month of March. PUBLIC HEARINGS A. Second Readina of Ordinances No. 1317. 1318. 1319, ~320 Motion by Ruettimann, second by Peterson to waive the reading of the ordinances there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 13~7 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4501 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot Sixteen (16) and the South one-half (1/2) of Lot Seventeen (17), in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 316-30-24-31-0003. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms., purchase price and conditions specified. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 6 First Reading: Second Reading: Date of Passage: February 26, 1996 March 11, 1996 March 11, 1996 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ORDINANCE NO. 1318 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4549 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Ail of Lot 28 and the South One-Half (1/2) of Lot 29, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0108o Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage:s February 26, 1996 March 11, 1996 March 11, 1996 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING · MARCH 11, 1996 PAGE 7 ORDINANCE NO. 1~19 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4555 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 29 except the South One-Half (1/2) of Lot 30, in Block.Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25- 30-24-33-0116. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: February 26, 1996 March 11, 1996 March 11, 1996 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ORDINANCE NO..1320 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4550 FILLMORE STREET NORTHEKST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 8 Lot 2 except North One-Half (1/2) thereof and all of Lot 3, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0124. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: February 26, 1996 March 11, 1996 March 11, 1996 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ORDINANCE NO. 1321 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 1221 40TH AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: That part of Lot 66 and 67, Block 5, "Reservoir Hills", Columbia Heights, Anoka County, Minnesota, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 67; thence east along the south line of said Lot 67 a distance of 47 feet; thence north at a right angle to said south line, and extending to the north line of Lot 66 a REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 9 distance of 47 feet; thence south to the point of beginning. (Being also known as Lot 3, 'Auditor's Subdivision No. 26; and Lot 2, except the east 50.08 feet thereof, Auditor's Subdivision No. 26, Anoka County, Minnesota) together with all hereditaments and appurtenances belonging thereto. PIN 25-30-24- 33-0125. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. First Reading of Ordinance No.1322 Being an Ordinance Allowing Up to Two Vehicles to be Stored on a Lot to be Advertised for Sale/Fleet in the CBD. by Conditional Use Permit Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE.NO. 13~2 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY.CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9.112(2) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.112(2) Conditional USeS Within any "CBD", Central Business District, no structure or land shall be used for the following uses except by Conditional Use Permit. (a) Accessory Structures. REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 10 (b) Dwelling units provided: (i) The units do not occupy the first floor. (ii) That a roof, intended for usable space, shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: (d) (e) (f) (g) (h) (i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. (ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. (iii) 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 devices. (iv) There is located thereon a building devoted to and used in such sales which is at least as large as floor area as such occupation and use. Off-street 9.116(2). parking lots subject to Section Parking ramps. Public utility structures. Vending machines (coin-operated), whether they be for service or product, shall be permitted inside of a building; when located outside of a building, they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off- street parking shall be provided at a ratio of one (1) space for each two vending devices. Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades. REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 11 (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. (k) Massage therapist businesses licensed pursuant to Section 5.612. (1) Daycare centers. (m) Prepared food delivery establishments. (n) Pool/Billiard hallsl Shall hereafter be amended to read as follows: 9.112(2) Conditional Within any "CBD", Central Business District, no structure or land shall be used for the following uses except by Conditional Use Permit. (a) Accessory structures. (b) Dwelling units provided: (i) The units do not occupy the first floor. (ii) That a roof, intended for usable space, shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open Sales Lots Provided That: (i) The lot is surfaced and graded accordng to a plan submitted by the applicant and approved by the City Engineer. (ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. (iii) 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 devices. REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 12 (d) (e) (f) (g) (h) (i) (J) (iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. Off-street 9.116(2). parking lots subject to Section Parking ramps. Public utility structures. Vending machines (coin-operated) whether they be for service or product shall be permitted inside of a building; when located outside of a building they shall be considered as a building and conform to all applicable regulations. Should 'the vending machine be the principal use on the site, off= street parking shall be provided at a ratio of one (1) space for each two vending devices. Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counter or booths. Arcades. Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. (k) Massage therapists businesses licensed pursuant to Section 5.612. (1) (m) (n) (o) Daycare Centers. Prepared food delivery establishments. Pool/Billiard Halls. Car sales/fleet sales/advertisement proyided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. REGULAR COUNCIL. MEETING MARCH 11, 1996 PAGE 13 (iii) (iv) No more than two (2) .cars will be permitted for such use at any time. No "for sale" .or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. (v) First Reading: Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. March 11, 1996 Motion by Peterson, second by Jones to schedule the second reading of Ordinance No. 1322 for March 25f 1996 at approximately 7:15 p.m. Roll .call: Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - abstain C. Public Hearing to Approve Transfer of $70,000 from th~ 1995 CDBG Housing Rehabilitation Account to the Neighborhood Revitalization Account Motion by Ruettimann, second by Peterson to approve the transfer of $70,000 from the 1995 CDBG Housing Rehabilitation Account to the Neighborhood Revitalization Account to cover expense of the purchase of one duplex. Roll call: All ayes D. Continue Public HearinGs The City Manager advised that notifications for public hearings regarding license revocations were not sent in a timely manner to accommodate them being held at tonight's Council Meeting. He recommended these public hearings be continued. Motion by Ruettimann, second by Peterson to continue the public hearings for properties located at 5121 University Avenue, 5131 UniversitY Avenue, 5141 University Avenue and 4050 Fourth Street until the Council Meeting on March 25, 1996 at approximately 7:15 p.m. Roll call: All ayes ITEMS FOR CONSIDERATION A. Other Resolutions or Ordinances 1. Resolution No. 96-30 Being a Resolution ~meDding 1996 Budget for Encumbrances REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 14 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. 96-30 AMENDING 1996 BUDGET FOR ENCUMBRANCES WHEREAS, the City Council of the City of Columbia Heights on December 11, 1995, passed Resolution No. 95-83 adopting a budget for 1996; and WHEREAS, several expenditures that were projected to be incurred in the 1995 budget will not be incurred until 1996; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the 1996 budget be amended by the following increases, with the increases coming from the 1995 fund balances/retained earnings: Encumbrances General Fund Water Fund Sewer Fund Garage Fund Capital Equipment Fund $10,283.43 4,335.58 3,273.67 7,995.00 17,040.00 Passed this llth day of March, 1996. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations 1. Approve Printing Quotation for ~996 city Newsletter "Heiqh~s Highpoints" REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 15 Motion by Jolly, second by Sturdevant to approve the low quotation of Rapid Graphics in the amount of $5,718.00 for the printing of the 1996 Spring/Summer "Heights Highpoints" city newsletter, with funds being appropriated from Fund 101-45040- 3440, and authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 2. Authorize the Purchas~ O~.S~rvice Body for Unit #305 Replacement Motion by Jones, second by Jolly to authorize the purchase of a service body for Unit #305 replacement from ABM Equipment based on their low, qualfied responsible quotation in the amount of $5,711.00 plus tax with funds to be appropriated from Fund 434-49950-5150; and furthermore, to authorize the Mayor and City Manager to enter .into an agreement for the same. Roll call: All ayes 3. Authorize Staff to Purchase Plotter Motion by Ruettimann, second byPeterson to authorize staff to purchase an HP Design Jet 750C color plotter and trade in a Calcomp 1025 pen plotter to Copy Equipment, Inc. based upon their low, qualified, responsible bid in the amount of $5,750.00 with funds to be appropriated for line item 101- 43100-5170; and authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 4. Award Portion of Pr.oject #9533. East. BanK Stabilization program Motion by Peterson, second by Jones to award a portion of Project #9533, East Bank Stabilization Program, to Bluemel's Tree and Landscape Service, based upon their low, qualified, responsible quote in the amount of $3,450.00 plus tax, with the funds to be appropriated from Fund 412-59533-3050. Roll call: All ayes C. Other Bus~Dess 1. Approval of Conveyance A~reement with the Metropolitan council for the Interceptor Line to Serve Hilltop. Motion by Ruettimann, second by Peterson to approve the Conveyance Agreement for the interceptor line serving Hilltop between the City and the Metropolitan Council, and furthermore, to authorize the Mayor and City Manager to enter into the agreement. Roll call: All ayes REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 16 2. Approve Payment of 1996 North Metro Mayors AssociatiQD Dues Motion by Jones, second by Jolly to authorize the payment of $10,672.00 to the North Metro Mayors Association for payment of the City's 1996 membership dues. Roll call: All ayes Lynde Investment. Inc. Rental Property Licenses Eight rental properties owned by Lynde Investment, Inc. are on the agenda for this Council Meeting. The rental licenses for these properties have been scheduled for revocation based on non-compliance with the Housing Maintenance Code, code violations and non-payment of inspection fees. Firefighter Gorman, a representative of the Rental Inspection Department and of the Fire Department, advised that all eight of these properties were inspected earlier in the day. He reviewed each property relative to having corrected/not corrected code violations and payment of outstanding fees. Discussion continued with one of the owners of Lynde Investments, Inc., his legal counsel, Councilmembers and City staff, which addressed possible solutions and/or resolution of the existing problems. One issue of concern to the owner was the replacement of doors with 1 3/4 inch solid core doors with U.L. approved closers and smoke seals. He requested the Council to allow twenty-four months to complete the installation of all of the doors in his company's rental properties in the City. Currently, the deadline established in State statute by the State Fire Marshal for meeting the solid core door requirement is August 23, 1996. Councilmember Ruettimann suggested that the property owner be granted a specific schedule for these replacement doors by the City Council and then request the remaining time he felt he needed from the Fire Marshal. The owner was agreeable to this. The City Attorney concurred with this suggestion in light of the "reasonable" plan submitted by the property owner. Four other properties owned by this investment company are scheduled for a public hearing at the next Council Meeting. Some non-compliance issues were discussed relative to these properties. Among them was the removal of a hot water heater at 5121 University Avenue. The owner stated he would have it removed by May 1, 1996. REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 17 The owner's legal counsel requested some of the inspection fees be reduced or waived as he felt they were not founded in law or were charged without merit. The City Attorney restated the legal basis on which these fees were charged and advised there was no justification for reducing any of the charges. 3. Appeal of City Council Decision to Revoke the ReDta] License for the Multiple Dwelling at 4060 Fourth Street. Motion by Peterson, second by Ruettimann to approve that the rental license revocation for 4060 Fourth Street Northeast be overturned conditioned upon the hot water heater being removed from the boiler room, one-third (1/3) of the outstanding fees be paid for the next three (3) months commencing March 11, 1996; solid core 1 3/4 inch doors with U.L. approved door closers and smoke seals be installed in all apartment unit entryways by May 1, 1996 and a conditional license be issued. Roll call: All ayes 4. ADpeal of City Council Decision to. Revoke the Rental License for the Multiple Dwelling at. 4100 Fourth Street Motion bySturdevant, second by Ruettimann to approve that the rental license revocation for 4100 Fourth Street Northeast be overturned conditioned upon replacing all apartment unit entryways with solid core 1 3/4 inch doors with. U.L. approved door closers and smoke seals by June 1, 1996 and that one- third (1/3) of the outstanding fees be paid for the next three (3) months commencing'March 11, 1996 and a conditional license be issued. Roll call: All ayes 5. Appeal. of City Council Decision to Revoke the ReDta] License for the Multiple Dwellinq at 4120 Fourth Street Northeast ~ Motion byRuettimann, second by Sturdevant to approve that the rental license revocation for 4120 Fourth Street Northeast be overturned conditioned upon the smoke detector in Unit #201 being replaced, the painting of the kitchen in Unit #201 being completed, the globe on the light fixture in the kitchen in Unit #201 is replaced, (inspectors unable to access Unit #201 so some of these violations may have been corrected), REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 18 the old water heater is removed from the boiler room, the issue of the leaking hot water heater be checked by a plumber and documentation be submitted to staff as to his findings and the owner stated he will replace if necessary, gutters on the north side of the building be replaced and the weed growth removed from the rest of the gutters, one-third (1/3) of outstanding fees be paid for the next three (3) months commencing on March 11, 1996, solid core, 1 3/4 inch doors with U.L. approved door closers and smoke seals be installed in all apartment unit entryways by July 1, 1996 and a conditional license be issued. Roll call: All ayes 6. Appeal of City Council Decision to Revoke the ReDta] License for the Multiple Dwelling at 4425 University AYeDue Northeast Motion by Jones, second by Ruettimann to approve that the rental license revocation for 4425 University Avenue Northeast be overturned conditioned upon replacing damaged countertops in Unit #3, replace cracked glass in living room window and kitchen window in Unit #204, other violations listed in memo from Fire Department be corrected, one-third (1/3) of the outstanding fees be paid for the next three (3) months commencing March 11, 1996, solid core, 1 3/4 inch doors with U.L. approved door closers and smoke seals be installed where required by August 1, 1996 and a conditional license be issued. Roll call: All ayes 7. Appea~ of City CouDcil Decision to Revoke the ReRtal License for the Multiple Dwelling at 4433 University Avenue Northeast Motion by Jolly, second by Sturdevant to approve that the rental license revocation for 4433 University Avenue Northeast be overturned conditioned upon one-third (1/3) of outstanding fees be paid for the next three (3) months commencing March 11, 1996, solid core, 1 3/4 inch doors with U.L. approved door closers and smoke seals be installed in all apartment entry units by September 1, 1996 and a conditional license be issued. Roll call: All ayes 8. Appeal of City Counci% DecisiQn to Revoke the Rental ~icense for the Multiple DwelliDg at 4441 UniverSity ~venuo Northeast Motion by Sturdevant, second by Peterson to approve that the rental license revocation for 4441 University Avenue Northeast be overturned conditioned upon verification of completion by the Fire Department of painting of the stairwell and hallway, REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 19 and replacement of damaged living room window in Unit #103; the stucco repair/replacement on the south side of the building must be completed by July 1, 1996, other violations remaining as noted in the recent memo from the Fire Department Inspections, one-third (1/3) of outstanding fees be paid for the next three (3) months commencing March ll, 1996, solid core 1 3/4 inch doors with U.L. approved door closers and smoke seals be installed in all apartment entry units by October 1, 1996 and a conditional license be. issued. Roll call: All ayes 9. ADPeal of City Council Decision to Revoke the Rental License for'the MultiDle Dwelling at 4707 University ~venuo Northea$~ Motion 'by Peterson, second by Sturdevant to approve that the rental license revocation for 4707 University Avenue Northeast be overturned conditioned upon completion of painting of stairwell and rear door by April 15, 1996, one-third (1/3) of outstanding fees be paid for the next three (3) months commencing March 11, 1996, solid core, 1 3/4 inch doors with U.L. approved door closers and smoke seals be installed in all apartment entry units by November 1, 1996 and a conditional license be issued. Roll call: Ail ayes 10. Appeal Qf C~ty Council Decision to Revoke the Rental License for the Multiple Dwelling at 4715 University Avenun Motion by Sturdevant, second by Peterson to approve that the rental license revocation for 4715 University Avenue Northeast be overturned conditioned upon completion of repair of south side stucco by July 1, 1996, rearming of smoke detector in Unit #101, one-third (1/3) of outstanding fees be paid for the next three (3) months commencing March 11, 1996, solid core, 1 3/4 inch doors with U.L. approved door closers and smoke seals be installed in all apartment unit entryways by'December 1, 1996 and a conditional license be issued. Roll call: All ayes ADMINISTRATIV~ REPORTS A. ReDort of the City MaBager The City Manager's report was submitted in written form and the following items were discussed: OperatioDal Reports: The City Manager noted that department operational reports were included in his report for Council review. REGULAR COUNCIL MEETING MARCH 11, 1996 PAGE 20 Informational Meeting: The City Manager invited Councilmembers to attend the Informational Meeting scheduled for March 20th regarding Zone I street improvements. ~od Share MQnth: The City Manager reminded members of the Council that March is Minnesota Food Share Month. Receptacles have been set out in City Hall for donations. Community Development D~rectQr: A formal offer of employment was made and accepted by Ken Anderson for the position of Community Development Director. His starting date is March 25, 1996. ~996 Back to the Parks ProGram: The City Manager referred members of the Council to the material in his report regarding the "Back to the Parks" program prepared by the Recreation Department. B. Report of the. city Attorney The City Attorney had nothing to report at this time. ~ENERAL COUNCIL COMMUNICATIONS The Council received minutes of the following meetings: Charter Commission - January 25, 1996 Meeting Library Board - February 6, 1996 Meeting Planning & Zoning Commission - February 27, 1996 Meeting Traffic Commission - March 4, 1996 Meeting No Council action was required on any of these communications. 10. CITIZENS ~ORUM There was no one present for Citizens Forum. 11. ADJOURNMENT Motion by Sturdevant, second by Ruettimann to 9djourn the meeting at 8:45 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: March 25, 1996 CONSENT AGENDA SECTION: ORIGINATING DEPARTMENT CITY MANAGER NO. /-~ - POLICE APPROVAL: ,~.. ITEM: WAIYE PERMITMi~NTFEES~/E.DoRFOR FR[~R[~t~ BY: Thomas M. Johnson...~ BYATE~ NO. ~, ~[,~ ^U¢/10N DATE: March 19, 1996 {'9~? b D The Police Department respectfully requests that the Mayor and City Council consider waiving the City's permit fee for "Mary's Lunch Wagon," who will be serving lunch during the City auction on Thursday, May 9, 1996. The owner of this lunch wagon has agreed to set up for this short duration activity. The presence of the lunch wagon will increase our crowd size and allow us to maXimize the money obtained from the auctioned items for the city. Your consideration of this request would be greatly appreciated. RECOMMENDED MOTION: Move to waive the permit fee for "Mary's Lunch Wagon" to sell food and beverages during the City Auction on Thursday evening, May 9, 1966." TMJ:mld 96-110 COUNCIL ACTION: CITY COUNC]I, LETTER Meeting of: 3/25/96 AGENDA SECTION: CONSENT .ORIGINATING DEPARTMENT: CITY MANAGER ITEM: AUTHORIZATION TO SEEK QUOTES BY: M. Winson ~f/~ BY: NO. FOR REPLACEMENT OF LAWN DATE: 3/19/96 DA In 1990, the City purchased lawn maintenance trailer #230 for $3,460. This purchase was made for the following reasons: To trailer the riding lawn mowers Reduce travel time and increase mowing time To carry weed whips, hand mowers, and other lawn maintenance items Trailer ~f230 has never lived up to its expectations because the trailer has several design features that make it difficult to use in our operations. The wheel wells protrude into the bed of the trailer - reduces cargo space. The ramps do not adequately support the weight of the machines. Storage space for tools and weed whips is inadequate. Staff proposes to purchase one new commercial lawn maintenance trailer that is similar in style to trailers that are used by commercial lawn services. Disposal of Trailer #230 shall be by tradeNin or auction. The estimated cost for replacement of trailer #230 is $3,500. Staff proposes to use funds budgeted in the Capital Equipment Fund 431- 45200~5180 - $3,500. RECOMMENDED MOTION: Move to authorize staff to seek quotes for replacement of Lawn Maintenance Trailer #230. MAW:ih 96-136 COUNCIL ACTION: CAPITAL EQUIP~NT PURCHASE JUSTIFICATION 1. Item to purchase: 2. New; or Replace: 3. If replace, present equipment data: SA. Make: Felling FT-7E 16' Trailer One new Commercial Lawn Maintenance Trailer X Trade-in of #230 BB. Year purchased: 3C. Purchased new? SD. Original Cost: .1990 or Used? Yes $ 3,460 BE. Estimated hours/days used per year: 3F. Engine hours used per year if knovn: 3G. Repair history: Labor cost past 36 months: Parts cost past 36 months: 100 Number of days down time past 36 months: N/A- 3H. Operating cost per mile (or other u~it of. measure): N/A 4. Proposed new equipment to replace item described in ~3 above: 4A. Estimated cost of item: $ 3,500 4B. Budgeted money: $ 3,500 4C. Where is the money budgeted? Park - Capital Equipment Replacement Department name: Department line item: 431-45200r5180 4D. Estimated operating cost per mile (or other u~it of measure): $ N/A ~E. "Features" on new unit that are not on present equipment: a. Full w~a~h d~ck - nn~ ~bstructad by ~-~kac! ~-~c!!c. b .Storage area for gas cans. waa~'wh~h~ hmnH ~n~r~ C. 14' length d. Sturdy ramping syste~. e. Able to haul (one) riding lawn ~ower and ~ece$$~ry tr~.ng 4F. What are the advantages or cost savinngs of the new features: Ail of the commercial lawn services are us%n~ them now. to move from park to park with all the ~¢cem~mry supp~as. ~/A N/A N/A · 5. if first-time purchase: SA. Purpose of new item: 5B. How is this work presently being done? The rldin~ ]awn movmr.~ ~r~ h~n~. ~r~.en park to park. Trailer #230 ia too cumbersome 5C. Cost of doing the task now? There Js considerable unproductive time that can be attributed to travel rim~. 5D. Cost of doing the task if new item is purchased? Productivity should increase with the decline of travel time. SE. Estimated operating cost of proposed new item (per mile or other unit of measure: 5F. Life expectancy of new item: 20 years 5G. ',~here will new item be stored? Is there space available? cold storaBe buildin~ - Tbar~ ~ ~p~,~ ~v~q,~h]~. MS C 6. Person's name making request and providing data: Lauren McClanahan 7. Date proposed to City Manager: 8. Date reviewed at Council Work Session: 9. Date authorized to take bids: t0. Date of bid opening: 11. Date of Council to purchase: 12. Council action: 13. City Manager's review notes: SWA/bj 031892 om CITY COUNCIL LETTER Meeting of: March 25, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: 4 CITY MANAGER'S APPROVAJ/ ~ ~ ITEM: WORK SESSION DATES FOR APRIL, 1996 BY: MARK WINSON BY: 'E.~/~''""'"'-.~/~.~/~ NO: ~, ~, q, DATE: 3- 21-96 DAT During the month of April, the following regular or special City Council meetings have been scheduled: Monday, April 1, 1996 Public Improvement Hearing Zone 1 Street Rehabilitation Projects Monday, April 8, 1996 Regular Council Meeting Monday, April 15, 1996 Local Board of Review Monday, April 22, 1996 Regular Council Meeting Monday, April 29, 1996 Public Improvement Hearing Zone 1 Sealcoating Project It is suggested that the Council schedule a work session on April 15, immediately following the Board of Local Review. It is expected that representatives from the Association of Metropolitan Municipalities will be available to present their program to the Council on that evening. RECOMMENDED MOTION: Move to establish a work session on April 15, 1996, immediately after the Local Board of Review Meeting. COUNCIL ACTION: TO CITY COUNCIL MARCH 25, 1996 *Signed Waiver Form Accompanied Application APPROVED BY BUILDING INSP. il II II 11 II II 11 II II II 1996 BUSINESS LICENSE AGENDA CONTRACTORS LICENSED AT *Arnold & Madson, Inc. *Conrad Mechanical Cont. *Gertman Mechahical *Harris Contracting Co. *Pride Mechanical Topline Advertising 2511Ventura Drive 509 - 1st Avenue N.E. 9772 Juniper St. N.E. 2300 Territorial Rd. 3025 N. E. Randolph St. 1471 - 92nd Lane N.E. FEES $ 4O.OO 4O.OO 40.00 40.00 4O.00 40.00 PUBLIC WORKS DIR. II II II TREE SERVICES Bluemels Tree & Landscape *Jeff Hoheisel 551 Drew Dr., Hudson, 8419 - 297th Ave. N.W. 50.00 50.O0 Bt:;.'(:;: F:' I NANC ]: AL. -'.:.::';Y-::i:';"FEM 0:.':':;/2 :L/96 :i. 7 :~ 2:L ..':0I Che<:!< !..~ :L-:.::. t o ry F:'LtND REC'.AF': F:'UND I 01 20 t 202 203 212 2:1.3 225 .....-,.;.:. ~:~ 240 40 :L 41 i 4 :L ::..'~ 4:.':'; :J. 432 601 602 602:; 609 :70 I 7 ! 0 720 884 885 887 (3 J::: N E F:.'. A L. C':C:MML]N:I:TY DI:::VEL.(:,~F:'MJENT F:'UN:O ~' ~'"f--',', ~,~.~ .r ~/ . . . --~' ~.- ~....~Uk~ ~ CDBG F'ARKV]:EW V:~:i...L.A NC)R'T'H CAF:'ITAL. CAP:J:TAL. !MP-GEN GOVT. DJ...DG CAF:' :J: TAL. CAP EQU:I:F:' F::EPL. ACE-"-GENERAL. CAP EQ...]:F' ::::::::::::::::::::::::::::::::::::::::::::::::::: WATER UT:l: L :['¥'Y SEHER UT:~:L. ]:TY ::::::::::::::::::::: F:'UND L. :i: QL]OR ENERGY MANAGEMENT :OATA :::::::::::::::::::::::::::::::::::: :t: N S U R A N C E F'L.EX DENEF]:T TRUST F:'UND '¥'OTAL. AL.L. 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S F' ]: R T.'.:i!; Q U A L. ]: T Y W.I: Niii: ,:."-.t.: SI::' .'..t: R :[ T:ii.:; F.'. iii: X D ]: E;'/" F.'. ]: B U T ]: N G C 0 1..j S WEST (:.':E:L.L. LJL. AR l..j .'.:!; WE:E!;'1" COMMUN:[ CA'T ]: W ]:NiE C.'-OMF:'ANY/THE WOF..'i..):.':, E:L. AE;S W i AI".iC) KA COUN'T'Y MO'Y'OI:;,' VE]'-i:I:i.':.'. DE:i..E:GARD 'I"C)OL. C.'-O,, F' :[ S C H E: R / T E: D E-.iE:NUINE: F'AR'i",E;/NAF'A AU't"O P A F.'. T E.~ i::' L. LJ:E'.- E;'Y' LtF:D E: V A N T/,':r CY:'ii; E: F' H W:[ L.L.:i:AldE.:; .E';TE:E:L. & HAI:;.:DWAR A T E:-.' "f' (:::ON',:i!;Ui'"Ei:R 't '" : '~' A T&T t:. l'..ht ,:.:,..~ · -~..~,,".. t.. L ACE: HARDWAF.'.E: AC'T ]: ON ME:E;SE:NGE:F-'. ,., ]: NC AL.B :[ l,iE:-O N AME:F-.']:C'AN AGE:NCY ]:t"iC Ai;IE:R ]:C'AN i...]:NE:N .SUI::'I::'LY CO ANDE:RSC)N'E; NE:W (:.':ARF'E:T ):)iii: ANO KA I::.':E)UNT'Y i"1 ]:(:';HWAY DE:I::' A F-.'.A M A F-'. I< AF.:MEYf'f:;.:ONG I:;: :[ i.':-.'i(:-.'i ]: NC'.i & E:F-'.E:C.': B A K ii!: R /P I"I :I: i... 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L. ][-'.-'!;T BI';~iEA KDOWN C ]; TY OF:' C:Oi_UMB ]: A!":i::. .... ].-'.;.,r~ -;:*" GL. 540R-V04,30 F'AG!E 5 BANK CHtECK]]NG ACCOUNT METROF'OL];TAN WASTE CONTR M ]:):)WAY F'OF;..'D M ]] ;OWE]ST BUS ]] NiES.'.'B F'F;..'ODLIC'.T M ];NAR F'OF;,'D M]]i'!NEAF'OL. ]] S EQUI PMiENT CO M ]: i'l N !iii A F:' (:) L. ]: ;!i; F' ]: N A l'i C Iii; ;() Iii:F:' T I"'i ]1NNEAF'OL. ill :~i!; OXYGE!,i C'O ,, M ]: N N IE A F:'O1... :I: S S At;,i (:.'.'0 ,, M ]: NNEGASCO M ]; N Nlii?..:!; 0 T A MThihlF.':::;r'tTA ........... :OIEF'ARTMENT ,.:,"'"!::' M ]:i,INESOTA :E;U'i,i F:'i. jBL. M];NNESO'i"A ' S MN F:' MN F'OL.L. UTION CONTROL. AGE I,,N (ii;TA'!"lE ~:-" ]: f;.'.E: CH ]:i!i:¢::'.'..'i..'; AS:ii; MU:iii;KA L. NATOA NE:I...SC$~/PA '!" F;.: ;[ C S.' i,tORD]:C TRUCK PARTS NOF;:T'I'-I ME'f'RO N Oi:;.'."f'H E R'N A ]: R G A.'.:!i; NOF;;THE]:;.:N HAI'I):)YMAN NORTHEI:;.:N SANiTAF.:Y SUF:'F'L.Y OL.YMF:':[(:.': EL.ECTF;.: ]:C CO ]:NC F:'AR K E:ON.STt:;-:UC'T i' ON F:'E;'i"TY CA.'.'i;H .... JOANNiE BAKE: F' H ]: !... L. ]: F'.S W ]: N ii!: & S F:' ]; !:;.'. T.'.'ii; F:'LJ. JN l{iii:'f'T F:'O L. I (:'.:Iii:t'"',.-~," :',, I,,..,,"': :' ''~, -.'~, -1'" ASSOC ]: AT F'F;.:Oiii:X F:'HOTO SY.S'f'E;M t:;.:AD]: 0 SI"lACK F;..'O:E;E:DA L.E (;.':H E V '..:i.:; A R A T 0 (;'.'i A CO,, S :t:,'.:.JE: i< LUMBiEF;,' :ii; 0 F:'T W A ~:;.'.ii!: T A ]: L 0 R S SUBUF;.:BAN RA'f'E AUTHOR:[TY SUBURBAN :E;F:'OF.'.T CENTtEF;.'. ,-;!.:; U i::'iii; R :[ (3 F.: F' (3 F;..' D ]; N C ,, SYSTEMS SUF'F'L.Y ]:NC',, T A Y I... 0 F;.: 'f' ii!; L.i!!: P H 0 N iii:.':. :, ..... '~ ..':,' ......... ~ .¢',.::," '¥'UF;-'.N(;-'.qJ]:'.E';T ]'. 'i"U :[ I,i C T. T ]: ES SE:RV ]: (;;fi.::. CIENT TW]:N C]:TY F'HOTOCOF:'Y TW :[1,! C':[ TY WHiEIEi... (:::OVE:F;..':E~ U ~ii; POS]"f"iAS'i"IE!:;.: ,. ,..:, ...'..,:::, ::' :i. ~;:' -.7~ ..... ~:.'" :;"'" ,, k,~k." '''~ 58270 ;'.-';47 ,, 90 5827 :i. 66 ,, 67 58272 68 ,, 29 ~::,(;'~¢'~"'-'"A' ;:-'.,;-"~ ;~ ...-' '... ,, .- ,... 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L.. :I:.ST BF{:.IEA KDC)Wi'.I BAI,fK C.'.HE:C K:I:NG ACC:OLJN'T CITY OF COLUMBIA HEIGHTS. Meeting of= FiARCH 25, 11996 A~ENDA S : .ON: PUBLIC H~AR~OS ORIGINATIN~ DEPT.: CITY MA~NAGER ~T~ Community Development iITEM: IH~RD (CORRSCI~VS) READ IN~ OF ORD. BY: Tine oodr 'BY: Emclosed foryour review, please find the sale and development agreement by and between the City of Columbia Heights and Twin City Habitat for Humanity relating to: 4501 Taylor Street N.E. 4549 Taylor Street N.E. 4555 Taylor Street N.E. 4550 Fillmore Street N.E. 1221 40th Avenue This agreement and the ordinances conveying each property was appraised, after a second reading, on MarCh 11, 1996. After that meeting it was discoveredtlhat amistake was made on the ordinances relating to the iPIN numbers. The mi~stakes were corrected on each ordinance so a third (corrective) reading can be made. RECOMMENDED MOTI.ON: Move to waive the Reading of the ordinance, there being ample copies ~available to the public. RECOMMENDED MOTION: Move to approveOrdinances 1317, 1318, 1319, 1320, 13211 with corrected Property Identification Numbers, and ordinance authorizing conveyance of cretain real estate located at 4501 Taylor St. N.E., 4549 Taylor St. N.E., 4555 Taylor St. N.E., 4550 Fillmore St. N.E., and 1221 40th Avenue N.E. respectively. COUNCIL ACTION: bt\council.for ORDINANCE NO. 1317. BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4501 TAYLOR STREET N.E. The city of Columbia Heights does ordain: Section 1: The city of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot ~ixteen (16) and the South One-Half (1/2) of Lot Seventeen (17), in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Section 2: Section 3: Minnesota, PIN 25-30-24-33-0116. The Mayor and city Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms~ purchase price and conditions specified. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Third Reading (Corrective): Date of Passage: Offered By: Seconded By: Roll Call: FebrUary 26, 1996 March 11, 1996 Joseph sturdevant, Mayor Jo-Anne Student, Secretary to the Council ordin ORDINANCE NO. 1318 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4549 TAYLOR STREET N.E. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Ail of Lot 28 and the South One-Half (1/2) of Lot 29, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0124. Section 2: Section 3: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Third Reading (Corrective): Date of Passage: Offered By: Seconded By: Roll Call: February 26, 1996 March 11, 1996 Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council ordin ORDINANCE NO. 1319 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4555 TAYLOR STREET N.E. The city of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 29, except the South One-Half (1/2) and all of Lot 30, in Block Seven (7) of Shef- field's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0125. Section 2: The Mayor and city Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Third Reading (Corrective): Date of Passage: Offered By: Seconded By: Roll Call: February 26,. 1996 March 11,.1996 Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council ordin ORDINANCE NO. 1320 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4550 FILLMORE STREET N.Eo The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 2, except the North One-Half (1/2) thereof and all of Lot 3, in Block Seven (7) of Shef- field's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0108. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Third Reading (Corrective): Date of Passage: Offered By: Seconded By: Roll Call: February 26, 1996 March 11, 1996 Jo-Anne Student, Secretary to the Council ordin Joseph Sturdevant, Mayor ORDINANCE NO. 1321 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 1221 40TH AVENUE N.E. The city of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: That part of Lot 66 and 67, Block 5, "Reservoir Hills", Columbia Heights, Anoka County, Minnesota, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 67; thence east along the south line of said Lot 67 a distance of 47 feet; thence north at a right angle to said south line, and extending to the north line of said Lot 66; thence west along the north line of said Lot 66 a distance of 47 feet; thence south to the point of beginning. (Being also known as Lot 3, Auditor's Subdivision No. 26; and Lot 2, except the east 50.08 feet thereof, Auditor's Subdivision No. 26, Anoka County, Minnesota.) together with all hereditaments and appurtenances belonging thereto. PIN 36-30-24-31-0003 Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 26, 1996 Second Reading: Third Reading (cOrrective): March 11~. 1996 Date of Passage: Offered By: Seconded By: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council CITY OF COLUMBIA HEIGHTS Meeting of: MARCH 26, 1996 A~END~SEOTI,ON: PUBLIC HEARINGS ORIGINATING DEPT.: CITY MANAGER PO: ~ , Planning & zoning APPROV~A~ SECOND READING OF ORD. Tina Ooodroa~ 'BY: ,~ 'ITEM: BY: NO: 6. ~__ 1322 DATE: March 20, 199~ The Planning and Zoning Commission reviewed a proposed Ordinance Amendmentto Section 9,112 (2) of the Zoning Ordinance that pertains to Conditional Uses in the "CDD", Central Business District. The proposed change is in letter "o" and is underlined and highlighted. This change will atlowup totwo vehicles to be stored onthe lot for sale or for fleet. Other restrictions included limiting the ,number of days any vehicle can be displayed on the lot to fourteen days, ,Any signage must also be ,approved by Staff and be within the v, ehicle at all times to pre,vent signage being display,ed on the roof of the cars or elseWhere. I feel confident that, with these limitations, very few businesses in the Central Business District, other than the Credit Union, will be able to have "for sale" or "fleet" vehicles displayed or left on the lot. RECOMMENDED MOTION: Move to waive the Reading of the Ordinance Amendment, ~1322, there being ample copies available to the public. 'RECOMMENDED MOTION: Move to approve Ordinance #1322, amending Section 9.112(2) of the Zoning Ordinance. CO'UN,CIL ACTION: ybt \coun~cil · for ORDINANCE NO. 1322 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9.112(2) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.112(2) Conditional Uses Within any "CBD", Central Business District, no structure or land shall be used for the following uses except by Conditional Use Permit. ' (a) Accessory Structures. (b) Dwelling units provided: i) The units do not occupy the first floor. ii) That a roof, intended for usable space, shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. iii) 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 devices. iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. (g) Vending machines (coin.operated), whether they be for service or product, shall be permitted inside of a building; when located outside of a building, they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. (h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades. (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. (k) Massage therapist businesses licensed pursuant to Section 5.612. (I) Daycare centers. (m) Prepared food delivery establishments. (n) Pool/Billiard Halls. Shall hereafter be amended to read as follows: 9.112(2) Conditional Uses Within any "CBD", Central Business District, no structure or land shall be used for the followin9 uses except by Conditional Use Permit. (a) Accessory Structures. (b) Dwelling units provided: i) The units do not occupy the first floor. ii) That a roof, intended for usable space, shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. iii) 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 devices. iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. (g) Vending machines (coin-operated) whether they be for service or product shall be permitted inside of a building; when located outside of a building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use' on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. (h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades. (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for vie~Ning such that exhibitions are possible. (k) Massage therapist businesses licensed pursuant to Section 5.612. (I) Daycare centers. (m) Prepared food delivery establishments. (n) Pool/Billiard Halls. (o). Car saleslfleet sales/advertisement provided that: i) The lot is surfaced and qraded according to a plan submitted by the applicant and as approved by Staff. ii) The "for sale" or "fleet" vehicles cannot eliminate required parkinq spaces. iii) No more than two (:2) cars will he Permitted for such use at any.time. iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. v) Size, type and style of any signaqe for such vehicle must be within the vehicle at all times and approved by Staff. First Reading: Second Reading: March 11, 1996 Date of Passage: Offered By: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: March 25, 1996 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 CITY MANAGER ' S APPROVAL REVOCATION/LYNDE INVESTMENTS: 5121 DATE: 3-21-96 DATE: ~/~ UNIVERSITY On February 9, 1996, the City Council held a public hearing to consider revocation of rental licenses on four properties owned by Lynde Investments. The properties are 5121 University, 5131 University, 5141 University, and 4050 4th Street. The Council continued the hearing until March 11, 1996, and at that meeting continued the hearing to March 25, 1996. These buildings were last inspected on March 11. With the exception of the installation of solid core doors, approved door closures, outstanding fees, and the removal of one water heater, all other items have been completed. Based on the actions taken by the council on March 11 with regard to eight other properties owned by Lynde Investments, staff recommends that the hearing be closed and the recommended motion be approved, after any additional testimony is taken from the public. RECOMMENDED MOTION: Move to close the hearings on revocation of the rental license for 5121 University Avenue N.E. RECOI~MENDED MOTION: Move to approve a conditional rental license for 5121 University Avenue N.E., conditioned upon the replacing of all apartment unit entryways with solid core 1 3/4 inch doors with U.L. approved door closures and smoke seals by January 1, 1997; the unused water heater be removed; and one-third (1/3) of outstanding fees be paid for the next (3) months commencing March 25, 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 25, 1996 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 CITY MANAGER'S APPROV~L~ . /~ ITEM: CONTINUED HEARING ON RENTAL LICENSE BY: MARK A. WINSON BY: ~~ R~VOCATION/LYNDE INVESTMENTS: 5131 DATE: 3-21-96 DATE~ S/~-/f~' UNIVERSITY On February 9, 1996, the City Council held a public hearing to consider revocation of rental licenses on four properties owned by Lynde Investments. The properties are 5121 University, 5131 University, 5141 University, and 4050 4th Street. The Council continued the hearing until March 11, 1996, and at that meeting continued the hearing to March 25, 1996. These buildings were last inspected on March 11. With the exception of the installation of solid core doors, approved door closures, outstanding fees, and the removal of one water heater, all other items have been completed. Based on the actions taken by the council on March 11 with regard to eight other properties owned by Lynde Investments, staff recommends that the hearing be closed and the recommended motion be approved, after any additional testimony is taken from the public. RECOMMENDED MOTION: Move to close the hearings on revocation of the rental license for 5131 University Avenue N.E. RECOMMENDED MOTION: Move to approve a conditional rental license for 5131 University Avenue N.E., conditioned upon the replacing of all apartment unit entryways with solid core 1 3/4 inch doors with U.L. approved door closures and smoke seals by February 1, 1997, and one-third (1/3) of outstanding fees be paid for the next (3) months commencing March 25, 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 25, 1996 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 6 CITY MANAGER'S APPRO, V~w' ITEM: CONTINUED HEARING ON RENTAL LICENSE BY: MARK A. WINSON REVOCATION/LYNDE INVESTMENTS: 5141 DATE: 3-21-96 On February 9, 1996, the City Council held a public hearing to consider revocation of rental licenses on four properties owned by Lynde Investments. The properties are 5121 University, 5131 University, 5141 University, and 4050 4th Street. The Council continued the hearing until March 11, 1996, and at that meeting continued the hearing to March 25, 1996. These buildings were last inspected on March 11. With the exception of the installation of solid core doors, approved door closures, outstanding fees, and the removal of one water heater, all other items have been completed. Based on the actions taken by the council on March 11 with regard to eight other properties owned by Lynde Investments, staff recommends that the hearing be closed and the recommended motion be approved, after any additional testimony is taken from the public. RECOMMENDED MOTION: Move to close the hearings on revocation of the rental license for 5141 University Avenue N.E. RECOMMENDED MOTION: Move to approve a conditional rental license for 5141 University Avenue N.E., conditioned upon the replacing of all apartment unit entryways with solid core 1 3/4 inch doors with U.L. approved door closures and smoke seals by March 1, 1997, and one-third (1/3) of outstanding fees be paid for the next (3) months commencing March 25, 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 25, 1996 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 CITY MANAGER' S APPROVA~ $/ ~ ITEM: CONTINUED HEARING ON RENTAL LICENSE BY: MARK A. WINSON BY: ~~ REVOCATION/LYNDE INVESTMENTS: 4050 4TH DATE: 3-21-96 DATEJ ~/Z~$ NO: STREET 6~ On February 9, 1996, the City Council held a public hearing to consider revocation of rental licenses on four properties owned by Lynde Investments. The properties are 5121 University, 5131 University, 5141 University, and 4050 4th Street. The Council continued the hearing until March 11, 1996, and at that meeting continued the hearing to March 25, 1996. These buildings were last inspected on March 11. With the exception of the installation of solid core doors, approved door closures, outstanding fees, and the removal of one water heater, all other items have been completed. Based on the actions taken by the council on March 11 with regard to eight other properties owned by Lynde Investments, staff recommends that the hearing be closed and the recommended motion be approved, after any additional testimony is taken from the public. RECOMMENDED MOTION: Move to close the hearings on revocation of the rental license for 4050 4th Street. RECOMMENDED MOTION: Move to approve a conditional rental license for 4050 4th Street, conditioned upon the replacing of all apartment unit entryways with solid core 1 3/4 inch doors with U.L. approved door closures and smoke seals by April 1, 1997, and one-third (1/3) of outstanding fees be paid for the next (3) months commencing March 25, 1996. COUNCIL ACTION: CITY COUNCIL LETTE% Meeting of: March 25, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S OTHER RESOLUTIONS/ORDINANCES CITY MANAGER' S APPROVAL BY: ITEM: AUTHORIZING PURCF~SE OF HILLCREST BY: M. WINSON For several years, the City has discussed the purchase Of the vacant property between 39th Avenue and Huset Park. As it appears that railroad tracks between this property and Huset Parkwill he removed soon, staff has opened negotiations with Hillcrest Development, the owner of the vacant parcel. A price of $80,198 has been negotiated for the property or approximately $2,06 per square foot. The acquisition of this property will allow for realignment of one or more ballfields and will offset the loss in park land at Sullivan Park due to the Medtronic expansion. The attached resolution authorizes the City to enter into a purchase agreement for the property and the actual purchase of the property. RECObS~ENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOM~dENDED MOTION: Move to adopt Resolution 96-3].., Resolution of the City Council of Columbia Heights approving the purchase agreement and purchase of ~ract D, RLs ~159, Anoka County, Minnesota. COUNCIL ACTION: RESOLUTION 96-31 RESOLUTION AUTHORIZING THE PURCHASE OF TRACT D, R.L.S. #159, ANOKA coUNTY, MINNESOTA WHEREAS, the City Council of the City of Columbia Heights (the "City") desires to provide quality recreational facilities to the City's residents; and WHEREAS, the acquisition of the vacant parcel situated between 39th Avenue NJE. and Huset Park, more specifically described as Tract D, Registered Land Survey #159, Office of the Registrar of Titles, Anoka County, Minnesota, would allow improvements to the facilities at Huset Park; and WHEREAS, City staff have negotiated a purchase agreement for said property with Hillcrest Development (the "Seller"); and WHER.EAS, $50,000 was appropriated in the 1996 budget for the purchase of this land. NOW, THIEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement for said property between the City and Hillcrest Development, and authorizes the Mayor and City Manager to sign the agreement on behalf of the City at a purchase price of $80,198, which is established as the fair market value based on the amount being the price for the property offered for sale by the owner and the value being determined by comparison of formal appraisals of the property. o The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. The City Council appropriated $30,198 from fund balance in fund 412, Capital Improvements-Parks, for land acquisition. 4. The City Council approves Payment of the purchase from Fund 412, Capital Improvement Parks. Passed this ~ day of ,1996. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 3/25/96 AGENDA SECTION~ ITEMS FOR coNSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO. -- ' ' PUBLIC WORKS "7. :.~BIi~_. C_ON~SIDERATiONS_. ITEM: AUTHORIZE FINAL PAYMENT FOR BY: M. Winson 4~ BY: NO. LABELLE POND IMPROVEME.,~TS _~ DATE: 3/19/96 DA -7. In February, the contractor furnished a weir for the outlet structure at LaBelle Pone. The weir wa~ constructed to the specifications provided by the consulting engineer. This completes the peripheral improvement work at LaBelle Pond (this contract did not include the dredging work.) RECOMMENDED MOTION: Move to accept the work for LaBelle Pond Rehabilitation - Peripheral Improvements, Project 9312 and to authorize final payment of $1,631.50 to Dave Perkins Contracting Inc. of Ramsey, Minnesota. MAW:jb 96-137 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/25/96 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO. BID CONSIDERATIONS PUBLIC WORKS ITEM: AWARD OF THE 1996-97 DED BY: M. Winson NO. TREE REMOVAL===~, ~*' ~[PROGRAM ) DATE: 3/18/96 : The City advertised for formal bids for the 1996-97 Dutch Elm Disease Tree Removal Contract. Specifications were sent to 10 contractors. The City received 3 bids. A copy of the bid tabulation is attached. The low bid by Bluemel's Tree and Landscape, Inc. is $11.45 per inch diameter (tree and stump removal). The 1994-95 contract was $11.50 per inch diameter. Tree removal costs are paid out of Fund 101-46103. Based upon bids received, Bluemel's Tree & Landscape Inc. of Hudson, Wisconsin is the low bidder and staff is recommending award of the bid to this company. RECOMMENDED MOTION: Move to award the 1996-1997 Dutch Elm Disease Tree Removal Contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon their low; qualified, responsible bid of $10.00 per inch diameter on tree removal and $1.45 per inch diameter for stump removal or a total of $11.45 per inch diameter; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MAW:jb 96-134 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PROPOSAL FORM .1996-1997 REMOVAL OF TREES, TREES AND STUMPS, OR STUMPS ONLY ON PUBLIC AND PRIVATE PROPERTY Gentlemen: " The undersigned, as bidder, hereby proposes and agrees to enter into 'a Contract on the form ::il ~.- · attached hereto,.with the cit~ 'of Columbia .I5Ieights, Minnesota, to supply all labor, materials and .':: ~' ~' ' ? equipment neCessary for"th~xem~val of tree~)tr~' andsmmps or stumps Only, all in accordance Stump remoVal by hand where chipping n0t:'p'6SSibl6 ~ /in. diameter. -., . ", . L" -' .. .',+.,::,'/::~>.:V:::'~ :, ';'.::. :;'.: '. ' .: ....... ::".':':.' :,'".,": ",'~. '":'."'" :. ?)i- It:!?'under'st°°d~'that:}tie Owner may aa~:ept iS~[eject'ans, P;oposal. A C .-:3:~?'?~/~.4,,,;;,',,,.,, :'-,,~:,.,: ::.,:: ..... '" ~: !": """'"., ~ ....... ;"~: .... '" ,::..r.,~r." :'. ...... ""' .' ' :';,{~" '"' : : Cio iSe Columbia mi iti":is" attiched hereto.with the,/mderst/na,'ng that ~' "~,:~,:, ':. ::. :,,,,~;5,.~ ,'; '.;;' x:::"v{~ ' ~ -." ~ ,,.,".." ., ~. :.~ 5:,> .: ..Z:, ?.;¥,,-"~"; e,:~: ~ : 9:' pro6bsal iS'~ce6ted;'~d ,,~i~4v~r,,u:[.~':?,(, ,.. refuse;:fail or neele~t..to: execute .the CO .::::an.d fin-nish, satd bond:.w~ 'ten (10) days: of the date of acceptance:'o~this:Propp~.al: : "und.~r-st0°d'and agreed that:? 'dollars ($' ://'T~. !:':.',.-:0D 'said. l~eittg the. amount of bid security above mentioned, shall be liquidated damages 'occaSioned by suchTailure, refusal or neglect and that thereup0n said City of Columbia Heights shall realize upo~ Said bid · ".:". b.:.:.,.:?. , . , . :. ~ ' -.': "5' ' .~.·.:. :.': .: PROPOSAL FORM DED TREE REMOVAL PAGE 2 seCurity and use of the proceeds in payment of said damages, and upon the further understanding that said certified check will be promptly returned upon the rejection of this Proposal. ~ It is understood, and agreed that this Proposal cannot be withdrawn within sixty (60) da3s after scheduled time for receipt of bids. '::: 'i CITY COUNCIL LETTER Meeting of: March 25, 1996 '~ rl'gM~ t~'Ul< CUNt~IDERATION AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S No: ~ OTHER BUSINESS ciTY MANAGER'S APPROVA~ ~ . /~ NO: ~' C , / DATE: 3-20-96 The City of Fridley is operating a program called "The Zone" on satUrday nights from 8 P.M. to midnight. The program is held at the Community Education Center in Fridley and is targeted at 8th to 12th grade students. The program is supervised by adults trained by the Fridley Police and Recreation Departments. Typically, the program is staffed with three adult supervisors. In tracking the youths utilizing the program, approximately 1/3 are from Columbia Heights. Fridley has requested that Columbia Heights consider funding one supervisor position at $2,233.40/year. The Park and Recreation Commission has reviewed this request and recommends that the Council consider funding one supervisor for the remainder of the year at an approximate cost of $1,700.00 from the Council contingency fund. Staff will continue to monitor the usage of the facility by youths from Columbia Heights and if appropriate, look to budgeting funds in 1997 to continue our participation. RECOMMENDED MOTION: Move to authorize the payment of $1,700.00 to the City of Fridley for the expense of one adult supervisor at "The Zone" for the remainder of 1996, with funds being appropriated from the City Council Contingency Fund 101-41110-8100. COUNCIL ACTION: TO: FROM: DATE: SUBJECT: Mark Winson, Acting City Manager Randy Quale, Recreation Director March 5, 1996 Funding Request for "The Zone" Drop-In Teen Center Recently, I received a funding request from Jack Kirk, the City of Fridley's Parks and Recreation Director. The City of Fridley is seeking financial support of their drop-in teen center known as "The Zone." "The Zone" operates on Saturday evenings at Fridley's Community Education Center from 8:00 p.m. to 12:00 midnight. "The Zone" is open to youth in grades 8 to 12 from both Fridleyand Columbia Heights. Activities offered at "The Zone" include: billiards, movies, basketball, volleyball, music and more. Attached is a flyer concerning "The Zone" program. It is estimated that 35% of the youth attending "The Zone" are from Columbia Heights (see attachment). The City of Fridley is asking the City of Columbia Heights to cover the expense of one adult part-time supervisor for "The Zone" per year; 5 hours/night x $8.59/hour x 52 weeks = $2,233.40/year. The City of Fridley's request for funding was discussed at the February 28, 1996 Park and Recreation Commission meeting. At that meeting, the Park and Recreation Commission indicated their support of providing funding per Fridley's request. Furthermore, the Park and Recreation Commission requests that the City Council approve the funding of one adult part-time supervisor for "The Zone". Funding for the adult part-time supervisor position could be available from a number of funding sources: business donations, the Values First program, Police Department budget, Recreation Department budget, or the Columbia Heights Boosters. The Park and Recreation Commission suggested that the funding come from the Council's contingency budget as there are no dollars budgeted in the Recreation Department budget for this program. An option to reduce the cost would be to provide funding only for the remaining ten months of 1996 (the cost would be $1,88g.80 for ten months). I~,~ In return for our. financial support, the City of Columbia He~uld become a co-sponsor of "The Zone." Currently, the Recreation Department offers very few programs for high school age youth. It is vital that we provide our youth with safe and constructive recreation programs as alternatives to less desirable or even criminal activities. Our participation in "The Zone" could be the first step in creating a comprehensive teen recreation program for Columbia Heights residents. Seeing as Columbia Heights is already a co-sponsor of "Project Safety Net" (our joint curfew enforcement program) it makes sense for us to be directly involved with "The Zone" · as well'. In addition, our co-sponsorship of "The Zone" would be much more economical than having Columbia Heights run our own Teen'Drop-In Center. I look forward to discussing this matter with you and the City Council in the · near future. RQ/rq attachments ADMIN:. ZONE. MEM Every Saturday Night 8:oo p.m.. 12:00 Midnight at the Community Ed Center Hangout, Dancing, DJ, Basketball,- Open Gym, Foosball, Ping Pong, Billards, Movies, Tournaments, Concessions and more.' For Youth in 8th - 12th grade (show School I.D. OR State I.D. to enter) At Community Ed Center 6085 7th Street, Friclley MN (behind Fridley High School) FREE Admission (except on Special Event nights) Supervision - is provided and trained by the City of Friclley Police and Recreation Departments. Adults'who care and respect youth are recruited. The ~Zone is a fun, safe place for youth to hang out on Saturday Nights.v sponSored by the Cities of Fridley and Columbia Heights It is open every Saturday night with Special events once a month. CHYOF FRIDLEY FRI DLEY MUNICIPAL CENTER · 6431 UNIVERSITY AVE, N.E. FRIDLEY, MN 55432 · (612) 571-3450 · FAX (612) 571-1287 February 6, 1996 To: From: Re: Tom Johnson-Chief of Police, Columbia Heiqhts Kevin Thomas-Project Safety Net Superviso~ January, 1996 Program Usage I' hope this memo finds you well .... Here is the monthly report as promised you at our last meeting. If there is anything I can do to support your usage of the center let me know (I can set up a training or come speak at your meetings; or perhaps help facilitate sweeps in your city, ie .... maybe work some "C" shifts with your officers.)° Here is the run down for the months of December and January: December: 24 January: 1 Since 6/15/95: 122 The drop in center (The ZONE) is drawing an average of 60 kids every saturday night; 35% of which are Columbia Heights youth. As always, should you have any questions or concerns, please feel free to give me a call at 572-3643 or pager 534-4732. Sincerely, Kerin Thomas CITY COUNCIL LETTER AGENDA SECTION: NO: 7 ITEMS FOR CONSIDERATION OTHER .BUSINESS ITEM: CITY'S RESPONSE TO U.S. WEST'S PETITION TO THE MINNESOTA PUBLIC UTILITIES COMMISSION No: 7. Meeting of: March 23, 1996 ORIGINATING DEPARTMENT: CITY MANAGER'S BY: L. MAGEE ~ DATE: 3-22-96~] CITY MANAGER' S Recently, U.S. West filed a Petition with the Minnesota Public Utilities Commission (PUC) to prevent municipalities from exercising authority over rights-of-ways, "clarifying" instead that the PUC has exclusive jurisdiction (see attached memo from the City's Cable Attorney and copy of the petition filed by U.S. West). The City's Cable Attorney, Tom Creighton, is recommending that cities formally intervene to be a party to this action, in order to best protect their rights-of-ways. At their meeting of March 21, 1996, the Columbia Heights Cable Commission passed a motion to recommend that the City Council take the necessary measures to include the City of Columbia Heights as an intervening party to U. S. West's petition. RECOMMENDED MOTION: Move to direct Cable Attorney, Tom Creighton, to include the City of Columbia Heights in the filing of a petition to intervene in U.S. West's petition. COUNCIL ACTION: TO: FROM: DATE: RE: CITY OF cOLUMBIA HEIGHTS MAYOR AND CITY COUNCIL MARK A. WlNSON, ACTING CITY MANAGER MARCH 22, 1996 CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF MARCH 25, 1996 1) AGENDA FORMAT Staff has prepared the Council's agenda in a different and hopefidly more useable fashion. If this format is acceptable, each Co.uucil member will be supplied with a large binder for storing past agendas. You are asked to return the smaller binders for reuse at the nexteeting. 2) WATER TOWER REHABILITATION A preconstmction meeting was held on the water tower rehabilitation project that was let in 1995. It is anticipated ttmt the Contractor, TMI Coatings, will be moving in eqttipment starting the week of March 25. The project will last about seven weeks. During the final 4 to 5 weeks, the tox~er will be out of service. 3) STATE SENATE pROpOSED PROPEI~TY TAX FREEZE Attached is the latest information from the LMC and A.M.M. on a proposal to freeze property taxes for 1997. This legislation if passed into law will have serious repercussions on the ability of cities and counties to provide essential services, especially if the trend toward less state aid to local governments continues. If you have any contact with State Legislators, please express your concern over this issue. 4) BOARD AND COMMISSION STATUS The issue of appointments to the boards and commissions to fill vacancies will be placed on the April 15, 1996 Worksession agenda. Members of the Council received a memo with regard to the status of vacancies from the Council Secretary this last week. 5) HOUSEHOLD HAZARDOUS WASTE COLLECTIONS Attached is a listing of Household Hazardous Waste Collections that will be held in Anoka County this year. It is not anticipated that there will be any local Household Hazardous Waste Collection in Columbia Heights in 1996. 6) COLUMBIA ARENA UPDATE There on was on March 19, a meeting sponsored by Anoka County with Columbia Heights, Fridley, Spring l_ake Park, Brooklyn Center, their respective school districts and local youth hockey associations on the potential of one or more of these Organizations purchasing the arena. The tentative offer was a $1 purchase cost and assannption of the $140,000 debt and retention of current employees. The Arena has been operating at a deficit in the range of $50,000 to $80,000. The County is exploring proposals from the operators at the Blaine National Sports Center and private companies for purchase of the facility. The reception from the cities and school districts was at best luke warm. Please contact the Recreation Director or myself if you wish fm'ther information. 7) 1995 AUDIT A draft report on report on the 1995 audit will be available by the end of March. The final audit report is due by May 1st. Indications are that the audit went ve~ well with the exception of some HRA related issues. CITY MANGER'S REPORT FOR CITY COUNCIL MEETING OF MARCH 11, 1996 Page 2 8) ZONE 1 STREET REHABILITATION INFORMATIONAL MEETING The informational meeting for the Zone 1 Street Rehabilitation Program was held on March 20 at Murzyn Hall. Approximately 50 people were in attendance. 9) POLICE OFFICER REPLACEMENT Three potential candidates for Police Officer have been interviewed over the last two weeks by the Mayor and Police Chief. A determination on a candidate will be made soon. 10) HONEYWELL AUDIT The annual audit from Honeywell has been received. It will be reviewed at the April 15 Worksession. 11) HEIGHTS PRIDE Planning continues on the Heights Pride Celebration. The City Hall Open House will be May 16. The format will be very similar to last year. The next overall planning meeting is scheduled for Wednesday, March 27 at 5 PM at Murzyn Hall. MAR ~l ~9~ O~:iE~AM · C 145 Unive~iiy Avenue West, St. Paul, MN 55103-2044 Phone: (612) 281-1200 - ($00) 925-1122 Fax: (612) 251-1299 ' TDD (612) 281-1290 URGE_NT_ :. _!MMEDIA~ ACTION REO_UES_TED To: From: Date: Re: Mayors, Councilmembers, Managers and Clerks Gary Carlson March 20, 1996 Property Tax Freeze The freeze is not dead yet. We need you to contact your representative and senator again and insist that the freeze is not a necessary step to reform the property tax system. Provide them with specific examples of the negative impacts of the freeze on your city. Perhaps more importantly, encourage interested citizens or members of your business community to contact legislators to oppose the freeze. Their support will make our case much stronger. Tell your legislators that no tax bill in 1996 is better than a bill with the property tax freeze. On Tuesday night, the Omnibus tax conference committee negotiations broke down over the issue of the property tax freeze. House members continue to strongly oppose the freeze while Senate members staunchly support the freeze. At this time, it is unclear how the differences between the House and Senate conferees will be reconciled. However, there remains a strong l~ssibilit~ that the freeze could b~ included in the final bill. A decision on the freeze may not occur until Friday. Therefore, we have an opportunity to rcstat~ our case and convince legislators that the freeze is bad policy. The Senate's 1996 version of the freeze would essentially freeze individual propm, ty taxpayer bills in 1997. Market values of all existing property would be frozen for the 1997 tax year. City levies would bo frozen cx~ept for minor adjuslments for new construction and for debt s~-vice levies for debt issued on or before August 1,' 1996. Th~ro am indications that this date could tn moved up if the bill becomes law. To prevent a property tax recoil in 1998, the Senate would impose a strict levy limit on cries and counties. With a levy and market value freeze in law, we believe that there would bo a powerful incentive for le40slators to continue the freeze into the foreseeable future. With th~ freeze in place,, the stimulus for overall property tax reform could be weakened and therefore, the freeze itself, could become the default property tax reform. If this were to occur, Minnesota could experience a California. style downward spiral of local sm-vices, similar to the drastic effects of proposition 13. Supporters of the freez~ include the Minnesota Chamber of Commerce, the Minnesota Realtors Association and the Minnesoza Business Partnership. All three groups contend that tho freeze will ultimately spur interested parities to reform the system. In addition, these groups contend that local goverum~nts have be~n exceeding the "price of government" tax targets and that local spending is out of control. Their members have been barraging the legislature with faxes and letters in support et'the froze. In fact, local levy and spending increases over the pa.~t several years have tmon minimal. Reseamh prepared by the House indicates that l~vy plus aid increases for cities since I992 have hovered around 3.5 percent. In addition, these critics are misusing tho price of government targets. These targa'ts were never intended to act as levy limits or as a benchmark for individual units of government. The targets were assum~l to be a global barometer of the direction of all state and lo~l government taxation relative to personal income. Oi:iSAM P.i A weekly legislative l~p&tefmm the League of M~nesota C~ties~- , ~:.. . It's spring, but the freeze of '96 continues yes, we know that only seven days ago FridayFax said that the Tax Conference Committee was wrapping up its work and that last Friday was "your last chance to ... register your opposition to the property tax freeze," Such is the legislative process. The Committee did not finish last weekend, and by Tuesday night, negotiations on the Omnibus Tax Bill broke down completely after House Tax Committee Chair Ann Rest offered a motion that would have effectively killed the property tax freeze. The committee did not meet Wednesday or Thursday, and as of noon Friday, no future committee meetings have been scheduled. The committee had been making steady progress in negotiating parts of the omnibus bill, but became stuck on the tax freeze and tax relief for cabin ownere. With the committee deadlocked, speculation is now. turning to possible compromise solutions to the impasse. As the list grows, so do the questions of whether any of these solutions are real possibilities. One rumor includes a reversal of the current proposal, and would impose levy limits in 1997 and a freeze effective in 1998. Another would apply the freeze only to property taxes on homes. Neither of these alternatives appear any more likely than the freeze itself. One of the best alternatives for cities may be no tax bill at all. Other than a few city specific provisions in the bill, most cities wouldn't be affected if the bill isn't adopted; The key to the fate of the freeze lies with the House DFL caucus. On Thursday afternoon, the House DFL and Republican caucuses met privately to discuss the freeze. House opponents reportedly wanted to offer the freeze as an amendment to a tax technical bill, forcing a vote on the issue. Opponents hoped the amendment would be defeated, proving to the Senate the freeze didn't have the necessary support in the House. However, after the caucuses met, it became clear that if the amendment was offered the freeze may have had enough support to pass. As a result, the amendment was never offered. So enjoy your weekend, but stay close to your phone and fax machine on Monday. We may need one last push by city officials to defeat the property tax freeze or to kill the entire bill. Mail balloting bills would give cities greater flexibility Two election bills that would make mail balloting easier are finding favor with the legislature, but will likely feel the wrath of the Governor's veto pen. HF 220 (Pogemiller) would require mailbox balloting in elec- tions to fill midterm legislative vacancies. Both the House and Senate have approved versions of the bill, and it appears that some form of the bill will make it to the Governor. The second bill, SF 2283/HF 2101 (Stumpf/Tunheim) would allow elections by mail in cities outside the metropolitan area with fewer than 1,000 registered voters. Current law says only cities with fewer than 400 regis- tered voters can conduct elections by mail. The House approved the bill earlier this week, and the Senate is expected to act on it as early as this afternoon. Governor Carlson is report- edly less than supportive of both bills. League legislative policy supports any initiative that gives cities more flexibility and control with local elections. A call to the Governor's office in support of these measures could improve their chances of becoming law. Far mnr~ bfferma~ att ~ii~f lfg~l~t~F~ iglOOs, contact any member o[ th~ £ea~ue of Minnesota Cities Intergovernmental Relatlon$ t~an~ ¸-% Association of Iqetropolitan F1unicipalitics BULLETIN DATE: March21,1996 TO: Board of Directors, Legislative Contacts FROM: AlVIM Staff Senate Property Tax Fr~eze URGENT! URGENT! URGENT! URGENT! The freeze is wounded, but not dead. We need to keep pressure on House members (especially suburban representatives) to continue their opposition, but we especially need to start talking with senators about how detrimental a freeze would be to cities. Business and realtors associations arc exerting enormous pressure for the freeze. Unfortunately, much of their information is at best misleading and if put in proper context, just plain wrong 'Price of Government' below). Please, call your senators and r~pre~entativ~ A.S.A.P, and tell them that a tax bill is unnecessary - no tax bill is better than a freeze bill!!! Use fax, E-mail, direct phone contact, face-to-face contact and let~rs. ~rgumeuts Against 'Freeze: · Temporary freeze may easily b~comc permanent or turn into permanent strict levy limits- Freeze doesn't guarantee reform, in fact, it may inhibit reform (lc. easier to continue politically popular). · Realtors/business are putting out misleading information. The "Price of Government' was never intended to be applied to individual units, but to classes of government (lo. cities and counties, etc.) · The 'Price of Govemmen. t' dealt more with overall spending than certified levy -- 1995 cities' spending based on levy, plus aid overall rose only 3.1%, and when adjusted by population, growth was only 1.9%. ('Price of Government' w&~ targeted at about 4% prior to the I995 legislative action that reduced HACA by $7.5 million for cities. (Over...) Freeze 1996 tax rate. Freeze the pay 1996 assessed value. · Freeze 1996 certified levy, exert for new construction and bonded debt issued prior to August 1996. (This date may move up ffthe fr~eze is adopted.) · Levy Limit: lessor of 3% or Implicit Price Deflator for certified levy. Assessment Limit: 5% maximum increase for homes. · Exceptions: None for growth or debt, only for referenda. If you have questions regarding the freeze, contact Roger Peterson or Yem Peterson at 215-4000. ANOKACOUNT¥ SPONSORED HOUSEHOLD ~IAZARDOUS WASTE COLLECTIONS APRIL 20- SAT 9 AM TO 3 PM ~OKA COUNTY FAIRGROUNDS MAY 29--WEDNESDAY 12:00 PM TO 7:00 PM 'BLAINE NATIONAL SPORTS CENTER SEPTEMBER 21-SAT 9:00 AM TO 3:00 PM ANOKA COUNTY FAIRGROUNDS OCTOBER 12- SAT.9:00 AM TO 3:00 PM ANOKA COUNTY FAIRGROUNDS DIRECTIONS TO: AN,OKA C,OUNTY F~IRGROUNDS Highway 10 to Ferry :St., right on Ferry Street into the Fairgrounds BLAINE NATIONAL SPORTS CENTER--North on Central to 105th, right turn into Sports Center ,Materials accepted from Anoka County residents only, No business w,aste accepted. All material should be in original container or identified in some manner. QUESTIONS ?? ANOKA COUNTY 'WASTE MANAGEMENT 323-5730 PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 1 The Planning and Zoning Commission meeting of March 6, 1996 was 'called to order at 7:00 p.m. by Chairperson Szurek. Members present were Fowler, Peterson and Szurek. Commissioners Paulson and Larson were not in attendance. Motion by Peterson, seconded by Fowler, to approve the minutes from the meetings of February 6 and 27, 1996 as presented in writing. Roll Call: All Ayes. NEW BUSINESS: Petitions, letters and requests. Public Hearing Conditional Use Permit Case//9603.10 Ace Hardware 2261 N.E. 37th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Dan Terzich, Manager of Ace Hardware, for a Conditional Use Permit to allow the use of an accessory structure consisting of a 48'x24' tent to be located in the far east side of the parking lot at 2261 N.E. 37th Avenue from April 20 through July 20, 1996 for the purpose of selling green and flowering plants. She stated that the use would be the same as conducted in 1994 and 1995. She informed the Commission that approximately eight parking spaces would be eliminated directly in front of Ace Hardware leaving ample parking area. The plans indicate that two fire exits will exist on the east side of the structure. Motion by Fowler, seconded by Peterson, to recommend to the City Council the approval of the Conditional Use. Permit provided a 8500 deposit is submitted to the License/Permit Clerk prior to the installation of the structure on the site. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. B. Public Hearing Variance/Site Plan Review Case//9603-11 Steel Tech 450 N.E. 38th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Scott Smith of Steel Tech for site plan review and a variance of nineteen (19) feet to the required front yard setback of twenty (20) feet to allow a 50'x§O' addition to the existing building that would continue the front wall line of the structure eastward in the same plane. The existing building is one foot from the front property line. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 2 Ms. Goodroad informed the Commission that a loading area is being planned with a 14 foot high by 16 foot in width overhead door on the east side of the building. This proposed addition and the existing building would total 4,777 square feet. Seven parking spaces would be required for this site based on the new parking standards for the Industrial District. Ms. Goodroad stated that seven spaces are shown on the site plan. Ms. Goodroad informed the Commission that this same request was made by Mr. Smith in 1993 along with a request for a variance on the number of parking spaces. The requests were denied because the Commission was not satisfied with the information provided on the site plan and its lack of indicating the parking provisions, vehicle access and circulation as well as the surrounding parcels and street right of ways. Ms. Goodroad stated that Mr. Smith would have few options to expand his business due to the triangular shape of the lot and the lots limitations. Discussion was held regarding screening requirements for the lot. Council Representative Peterson thought the requirements would not be necessary as the site did not directly abut a residential district. Motion by Peterson, seconded by Fowler, to approve the site plan and to recommend to the City Council the approval of the nineteen foot front yard setback variance for 450 N.E. 38th Avenue based on the irregular shape of the lot and the limitation of the lot for expansion. **THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. C. Public Hearing Zoning Ordinance Amendment Case//9603-12A City of Columbia Heights 590 N.E. 40th Avenue Columbia Heights, Mn. Ms. Goodroad informed the Commission that this request for an amendment to the Conditional Use Permit section of the Central Business District portion of the Zoning Ordinance was referred by the City Council to facilitate the operation of a car sales/fleet sales for the First Community Credit Union at 843 N.E. 40th Avenue. She reminded the Commission that the Planning and Zoning Commission denied a request for a Conditional Use Permit to conduct this type of operation at the January meeting. She directed the Commission's attention to Ordinance//1322 that was prepared by Staff regarding this proposed use by Conditional Use Permit in the Central Business District. She explained that the City Council suggested limiting the operation to two vehicles with a minimum of fourteen days for any vehicle to be displayed on the lot. She also reminded the Commission that if this ordinance PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 3 would be recommended to the City Council for a first reading, that the ordinance would not be in effect until thirty days after the second reading of the ordinance amendment by the City Council. Motion by Fowler, seconded by Peterson, to recommend to the City Council the approval of Ordinance//1322 and that the first reading be held at the City Council meeting of March 11, 1996. **THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit Case//9603-12B First Community Credit Union 843 N.E. 40th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of First Community Credit Union for a Conditional Use Permit that would allow them to have two vehicles on their lot at 843 N.E. 40th Avenue for an on-going car sales and advertisement of their Fleet Department. She directed the Commission's attention to the site plan for the site indicating the northeast parking area as the area designated to store the vehicles. Ms. Goodroad stated that the previous Ordinance amendment would allow, by Conditional Use Permit, this type of use in the Central Business District. However, the approval of this Conditional Use Permit would not be effective until thirty days after the second reading of the Ordinance//1322 by the City Council (approximately April 25, 1996). She also stated that a City license application and fee would be required and renewed on an annual basis. Karen Lennox was present to represent the Credit Union. Motion by Peterson, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit to allow no more than two sale/fleet vehicles to be left for display on the northeast portion of the parking lot of 843 N.E. 40th Avenue provided: 1. The ordinance amendment allowing this use by a Conditional Use Permit is approved by the City Council. (If approved by the City Council after a second reading, the amendment would not be effective for thirty-days.) 2. A City license application is submitted with the appropriate license fee. 3. Signage displayed on or within the display vehicles are approved by City Staff. Roll Call: All Ayes. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 4 *THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit/Site Plan Review Case//9603-13 Jim Ruvelson 4111 Central Ave., So. Bldg. Columbia Heights, Mn. Ms. Goodroad presented Mr. Ruvelson's request for a site plan review and a Conditional Use Permit to allow an accessory structure for a canopy and two drive-thru lanes for a proposed banking facility on the south end of the south building at 4111 Central Avenue. She explained the reason for the request is that Norwest Bank would like to move out of their current facility at 4101 Central Avenue and move into the office area in the south end of 4111 Central Avenue and would like to add two more drive-thru lanes on the south end of the building. She stated that Mr. Ruvelson received approval in July of 1991 to install the existing drive-thru lane for Metropolitan Federal Bank. Ms. G°odroad stated that the new canopy area would fill the entire area between the south building wall line and the property line. She. stated that any setbacks that would be required will be maintained. The proposed canopy and drive-thru area would measure 34' x 28'. She stated that the bank is proposing that the rear exit area be a one-way or "Exit Only" so that customers can exit and follow the service road to 41st Avenue and the stoplight. The parking spaces in the front lot should be eliminated with the addition of these drive-thru lanes. Ms. Goodroad suggested to Mr. Ruvelson that the parking lot be marked with either signs or painted arrows so the flow of customers parking or entering the drive-thru area would have smooth circulation. Ms. Goodroad informed the Commission that the proposed site plan was reviewed by Mark Winson, City Engineer, who did not find any concerns with that rear exit being a one-way or "exit only". Bruce Nawrocki was in attendance representing Jim Ruveison. Motion by Fowler, seconded by Peterson, to recommend to the City Council the approval of the site plan and Conditional Use Permit to allow an accessory structure for a canopy and two drive-thru lanes on the south end of the south building at 4111 Central Avenue as it meets the requirements of the Zoning Ordinance. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. F. Public Hearing Appeal Case//9603-14 Lynde Investment 4060 N.E. 4th Street Columbia Heights, Mn. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 5 Ms. Goodroad presented the request of Mr. Rosman of Lynde Investment for an appeal of a City Council decision to revoke the rental license for the eleven unit multiple dwelling at 4060 N.E. 4th Street. She informed the Commission that the owner is appealing this revocation pursuant, to Section 5A.305(1) of the Housing Maintenance Ordinance which reads "The Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified hy inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property". She also stated that the owners are also appealing pursuant to 5A.306(1) which states: "When a person to whom a compliance order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in Section 6.202(1)". Ms. Goodroad informed the Commission that the owner claims, in his appeal application, that code violations are substantially complete and that the compliance orders fall outside of the authority of this Ordinance. She explained that the issue with Lynde Investment began at the first City Council meeting in January when the eight properties owned by Lynde investment were on the agenda for license revocation. She referred to backround from the Fire Department which summarizes the reasons for revocation and an updated list of outstanding violations. At that meeting, the City Council gave Lynde Investment thirty (30) days to make repairs and pay the outstanding fees owed on each building. The City Council reviewed these properties again after' thirty days at the February 12, 1996 City Council meeting during a public hearing. Once the hearing was closed, the City Council revoked the licenses on these eight properties with a 3-2 vote. The revocation was based on the fact that not enough work was completed. At that same meeting, the City Council gave four other properties, owned hy Lynde investment, a thirty day extension to complete the work on outstanding code orders. Ms. Goodroad informed the Commission that each building has outstanding re-inspection fines of 8300.00. She also stated that notices for this hearing were provided to each tenant in each building and posted in the common area of each building hy the Fire Department. She directed the Commissions attention to a memo from the Fire Department regarding the requirement for the solid core doors. John Tackett was present as the attorney representing the owners of Lynde Investment. Bennie Rozman and his sister, Mrs. Robert Shapiro, owners of the properties in question, were also present. The outstanding violations for the eleven unit building at 4060 N.E. 4th Street were as follows: PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 6 1. Old hot water heater must be removed from the boiler room. 2. Shall install solid core, I 314 inch doors with U.L. approved door closers and smoke seals on all .apartment unit.entryways prior to August 25, 1996. 3. Pay outstanding fees of $300.00. Discussion was held regarding the outstanding violations. Commissioner Szurek asked why the water heater was not removed and why there has been such delay in changing the doors. Attorney Tackett stated that the owners wanted to keep the water heater for parts and, therefore, were not in any hurry to remove them from the premises. He stated that Mr. Rozman thought the doors were "grandfathered in" in his buildings because they were built before the code went into effect. Inspector Field stated that it had been explained a number of times to the caretaker of the building and to Mr. Rozman of the necessity for the removal of the water heater from the boiler room as the boiler room is not to be used as storage area. He explained that the heater was very heavy and took up a substantial portion of the boiler room as the room was not very big. Also, if there was a fire in that area, the water heater would cause problems and be a safety hazard for the people trying to fight the fire as the electric panel and gas shut-off were also in that boiler room. He added that the Fire Department has been trying to get the water heater removed since August of 1995. Attorney Tackett stated that the owners intent was to have the doors installed within a two-year time frame as the cost to bring all his buildings into conformance with the solid core door requirement would cost in excess of $50,000.00. Commissioner Szurek felt the owners should have a plan of action submitted as soon as possible for the installation of the solid core doors and remove the parts from the water heater that they want to keep and remove the water heater from the boiler room immediately. She stated that these items are detriments to providing a safe building for the tenants and in violation of the Housing Maintenance Ordinance. It was her opinion that the owners were using "delay tactics" to see how far the City could be pushed. She felt that the owners have not shown any willingness to comply. The Fire Department personnel were "doing their job". Attorney Tackett asked for an explanation of what the fees covered and where in the City Ordinance it allows for the additional re-inspection fees. Attorney Hoeft stated that the fees were adopted as part of the License Fee Schedule not the Housing Maintenance Ordinance. He explained that the re-inspection fees collected did not cover the man hours or the time City Staff expends during the process. When the process brings the case before the City Council, additional time is expended for compilation of data, copies to be provided to the City Council, and charges involved for notification of the public. He indicated that the fees most probably would be increased in the near future. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 7 Attorney Hoeft stated that it was up to the Commission whether-to consider approving a plan of action to be submitted by the owner regarding the solid core door requirements extending the time frame past the.August 1996 due date. Motion by Fowler, seconded by Peterson, to recommend to the City Council to overturn the revocation of the rental license for 4060 N.E. 4th Street provided the water heater be removed from the boiler room as soon as possible, all outstanding fees be paid and solid core, 1 314 inch doors with U.L approved door closers and smoke seals be installed on all apartment unit entryways and the work verified by the Fire Department in a time frame as determined by the City Council. Roll Call: All Ayes. *THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. Public Hearing Appeal · Case//9603-15 Lynde Investment RE: 4100 N.E. 4th Street Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Rosman of Lynde Investment: for an appeal of a City Council decision to revoke the rental license for the eleven unit multiple dwelling at 4100 N.E. 4th Street. She informed the Commision that the owner is appealing this revocation pursuant to Section 5A.305(1) of the HoUsing Maintenance Ordinance which reads "The Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property". She also stated that the owners are also appealing pursuant to 5A.306(1) which states: "When a person to whom a compliance order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set.forth in Section 6.202(1)". Ms. Goodroad informed the Commission that the owner claims, in his appeal application, that code violations are substantially complete and that the compliance orders fall outside of the authority of this Ordinance. She explained that the issue With Lynde Investment began at the first City Council meeting in January when the eight properties owned by Lynde Investment were on the agenda for license revocation. She referred to backround information from the Fire Department which summarizes the reasons for revocation and an updated list of outstanding violations. At that meeting, the City Council gave Lynde Investment thirty (30) days to make repairs and pay the PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH §, 1996 PAGE 8 outstanding fees owed on each building. The City Council reviewed these properties again after- thirty days at the February 12, 1996 City Council meeting during a public hearing. Once the hearing was closed, the City Council revoked the licenses on these eight properties with a 3-2 vote. The revocation was based on the fact that not enough work was completed. Ms. Goodroad informed the Commission that each building has outstanding re-inspection fines of 8300.00. She also stated that notices for this hearing were provided to each tenant in each building and posted in the common areas of each building by the Fire DePartment. She directed the Commissions attention to a memo from the Fire Department regarding the requirement for the solid core doors. John Tackett was present as the attorney representing the owners of Lynde Investment, Bennie Rozman and his sister, Mrs. Robert Shapiro, who were also present. The outstanding violations for 4100 N.E. 4th Street were as follows: 1. Entire apartment unit ~ past due for complete decorating. 2. Shall replace all apartment unit entry doors with I 314 inch solid core doors with U.L. approved closers and smoke seals. Closers shall be able to close and latch doors. 3. Pay outstanding fees of 8300.00. Attorney Tackett stated that apartment 3 had been repainted.' It was the concensus of the Commission that the owner should submit the outstanding overdue fees as well as a reasonable plan of action regarding the installation of the solid core doors in each apartment unit giving a timeline for completion. They also asked that the Fire Department verify the completion of the painting of unit 3. Inspector Field stated that the carpet also was old as the tenant in this unit has been there for quite some time and nothing had ever been updated or cleaned during that duration. Motion by Peterson, seconded by Fowler, to recommend to the City Council to overturn the revocation of the rental license for 4100 N.E. 4th Street provided painting of unit #3 is verified by the Fire Department, the outstanding overdue re-inspection fees be paid and solid core, 1 314 inch doors with U.L. approved door closers and smoke seals be installed on all apartment unit entryways in a time frame as determined by the City Council. Roll Call: Ali Ayes. *THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 9 H. Public Hearing Appeal Case #9603,16 Lynde Investment RE: 4120 N.E. 4th Street Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Rosman of Lynde Investment for an appeal of a City Council decision to revoke the rental license for the multiple dwelling at 4120 N.E. 4th Street. She informed the Commission that the owner is appealing this revocation pursuant to Section 5A.305(1) of the Housing Maintenance Ordinance which reads "the Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property". She also stated that the owners are also appealing pursuant to 5A.306(1) which states: "When a person to whom a compliance order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person · may appeal as set forth in Section 6.202(1)". Ms. Goodroad informed the Commission that the owner claims, in his appeal application, that code violations are substantially complete and that the compliance orders fall outside of the authority of this Ordinance. She explained that the issue with Lynde Investment began at the first City CoUncil meeting in January when the eight properties owned by Lynde Investment were on the agenda for license revocation. She referred to backround information from the Fire Department which summarizes the reasons for revocation and an updated list of outstanding violations. At that meeting, the City Council gave Lynde Investment thirty {30) days to make repairs and pay the outstanding fees owed on each building. The City Council reviewed these properties again after thirty days at the February 12, 1996 City Council meeting during a public hearing. Once the. hearing was closed, the City Council revoked the ficenses on the properties with a 3-2 vote. The revocation was based on the fact that not enough work was completed. Ms. Goodroad informed the Commission that each building has outstanding re-inspection fines of 8300.00. She also stated that notices for this hearing were provided to each tenant, in each building and posted in the common area of each building by the Fire Department. She directed the Commissions attention to a memo from the Fire Department regarding the requirements for the solid core doors. John Tackett was present as the attorney representing the owners of Lynde Investment, Bennie Rozman and his sister, Mrs. Robert Shapiro, who were also present. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 10 The outstanding violations for the property at 4120 N.E. 4th Street were as follows: 1. In unit 201, the smoke detector is an old, unreliable Honeywell model; replace. 2. In unit 201, paint on kitchen walls peeling; shall scrape and redecorate. 3. Old water heater stored in boiler room must be removed. 4. Replace leaking water heater. 5. Replace rotted gutters along north side of building. 6. Remove weed growth in all gutters. 7. Install solid core, I 314 inch apartment entryway doors with U.L. approved door closers and smoke seals. 8. Replace missing fire alarm panel access key. 9. Pay outstanding re-inspection fees of t~300.O0. Attorney Tackett stated that the smoke detector in//201 would he replaced and the kitchen in the same unit would be repainted, and the water heater would be removed from the boiler room. He stated that Mr. Rozman has had a plumber check the leaking water heater and will submit documentation as to the findings and will replace as necessary. He stated that the gutters are to be repaired when weather permits as a contract has been obtained for the work and the weed growth would be addressed. After some discussion regarding the missing fire alarm panel access key, Mr. Rozman agreed to have a new key made for this building.. Discussion followed regarding the ongoing problems with tenants dismantling smoke detectors in their units. Inspector Field informed the Commission and Mr. Rozman that there is a form that is enclosed in the annual license renewal packet that the owner can use to have the tenant sign when retiring that the smoke alarm is working in each unit yearly. Mr. Rozman insisted that he had never seen such a form and would utilize them if they were made available to him. He was informed that he could obtain them from Captain DeMars. Roger Carlson, a tenant from unit 204, expressed concern with the length this process has taken with no results. He asked for the situation to be resolved as soon as possible as the tenants lives are in limbo as to whether they should continue to live there or look for another residence. Dennis Schuh of 4724 N.E. 4th Street was present to ask what would happen to the buildings if the problems were not resolved. Attorney Hoeft spoke regarding the telephone calls he has received from tenants regarding this process as well as to those in attendance at the meeting. He stated first of all that he could not give the tenants any legal advice. He did instruct them to not withhold the monthly rent payment as that is their obligation to pay as long as they reside on the premises. He directed them to refer PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 11 to their lease agreements and that governs their right to remain in the building. However, if the rental license is revoked and the building posted, the City has determined that no tenant is to remain in the building 60 days after the date of posting. He directed the tenants to contact a private attorney for assistance or the Tenants Union. He stated that the City is not interested in putting anyone out of their home. The Commission requested that the Fire Department verify the completion of the outstanding code items and that the outstanding fees be paid as soon as possible. It was the concensus of the Commission that the owner submit a reasonable plan of action regarding the installation of the solid core doors in each apartment giving a time frame for completion. Motion by Fowler, seconded by Peterson, to recommend to the City Council that the revocation of the rental license for 4120 N.E. 4th Street be overturned provided the smoke detector in unit//201 is replaced, the painting of the kitchen in 201 is completed, the water heater is removed from the boiler room, the leaking water heater is replaced, the gutters on the north side of the building are replaced and the weed growth removed from the rest of the gutters, all outstanding fees are paid the missing key in the fire alarm panel is replaced and that solid core I 314 inch entryway doors are installed with U.L. approved closers and smoke seals in a time frame as determined by the City Council. Roll Call: All Ayes. *THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF MARCH 11, 1996. I.' Public Hearing Appeal Case #9603-17 Lynde Investment RE: 4425 University Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Rosman of Lynde Investment for an appeal of a City Council decision to revoke the rental license for the multiple dwelling at 4425 University Avenue. She' informed the Commission that the owner is appealing this revocation pursuant to Section 5A.305{1) of the Housing Maintenance Ordinance which reads "the Enforcement Official may post any building or .structure coVered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property". She also stated that the owners are also appealing pursuant to 5A.306(I) which states: "When a person to whom a compliance order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in Section 6.202(1)". PLANNING AND ZONING COMMISSION REGULAR MEETING · MINUTES MARCH 6, 1996 PAGE 12 Ms. Goodroad informed the Commission that the owner claims, in his appeal application, that code violations are substantially complete and that the compliance orders fail outside of the authority of this Ordinance. She explained that the issue with Lynde Investment began at the first City Council meeting in January when the eight properties owned hy Lynde Investment were on the agenda for license revocation. She referred to backround information from the Fire Department which summarizes the reasons for revocation and an updated list of outstanding violations. At that meeting, the City Council gave Lynde Investment thirty (30) days to make repairs and pay the outstanding fees owed on each building. The City Council reviewed these properties again after thirty days at the February 12, 1996 City Council meeting during a public hearing. Once the hearing was closed, the City Council revoked the licenses on the properties with a 3-2 vote. The revocation was based on the fact that not enough work was completed. Ms. Goodroad informed the Commission that each building has outstanding re-inspection fines of $300.00. She also stated that notices for this hearing were provided to each tenant in each building and posted in the common area of each building by the Fire Department. She directed the Commissions attention to a memo from the Fire Department regarding the requirements for the solid core doors. John Tackett was present as the attorney representing the owners of Lynde Investment, Bennie Rozman and his sister, Mrs. Robert Shapiro, who were also present. The outstanding violations for the multiple dwelling .at 4425 University Avenue were as follows: 1. In unit ~3, the kitchen countertops are damaged, replace. 2. Replace door closers with a U.L approved closer on all secondary doors for units//101, 102, 103, 104, 201,202, 203, 204. 3. Replace cracked glass in living room window and kitchen window of unit 204. 4. Pay outstanding fees totaling $300.00. : Attorney Tackett stated that the countertop in unit 3 had some gashes in it and would be too expensive to replace. Inspector Field stated that bare wood was showing and that it was not a cleanable surface. He suggested that the gashes be filled, with an appropriate substance. Attorney Tackett stated that the window repairs were ordered to he completed in//204. The Commission requested, the Fire Department to verify the completion of the outstanding violations. It was the concensus of the Commission that the outstanding fees be paid as soon as possible and that the owner submit a reasonable plan of action regarding the installation of the U.L. approved closers on all secondary doors giving a time frame for completion. Motion by Peterson, seconded by Fowler, to recommend to the City Council that the rental license PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 13 Motion by Peterson, seconded by Fowler, to recommend to the City Council that the rental license revocation for 4425 University Avenue be overturned provided the work outlined above is completed and verified by the Fire Department, all fees are paid and that the proper U.L. approved door closers are installed on all secondary doors within a time frame as determined by the City Council. Roll Call: All Ayes. *THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. Public Hearing Appeal Case//9603-18 Lynde Investment RE: 4433 University Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Rosman of Lynde Investment for an appeal of a City Council decision to revoke the rental license for the multiple dwelling at 4425 University Avenue. She informed the Commission that the owner is appealing this revocation pursuant to Section 5A.305(1) of the Housing Maintenance Ordinance which reads "the Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property". She also stated that the owners are also appealing pursuant to 5A.306(1) which states: "When a person to whom a compliance order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in Section 6.202(1)". Ms. Goodroad informed the Commission that the owner claims, in his appeal application, that code violations are substantially complete and that the compliance orders fall*outside of the authority of this Ordinance. She explained that the issue with Lynde Investment began at the first City council meeting in January when the eight properties owned hy Lynde Investment were on the'. agenda for license revocation. She referred to backround information from the Fire Department which summarizes the reasons for revocation and an updated list of outstanding violationS. At that meeting, the City Council gave Lynde Investment thirty (30) days to make repairs and pay the outstanding fees owed on each building. The City Council reviewed these properties again after thirty days at the Fohruary 12, 1996 City Council meeting during a public hearing. Once the hearing was closed, the City Council revoked the licenses on the properties with a 3-2 vote. The revocation was based on the fact that not enough work was completed. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 14 Ms. Goodroad informed the Commission that each building has outstanding re-inspection fines of $300.00. She also stated that notices for this hearing were provided to each tenant in each building and posted in the common area of each building by the Fire Department. She directed the Commissions attention to a memo ,from the Fire Department regarding the requirements for the solid core doors. John Tackett was present as the attorney representing the owners of Lynde Investment, Bennie Rozman and his sister, Mrs. Robert Shapiro, who were also present. The outstanding violations for the multiple dwelling at 4433 University Avenue are as follows: 1. Unit//1, smoke detector 'disconnected, found on top of refrigerator. 2. Unit//2, smoke detector hanging by wires. 3. Must install solid core I 314 inch entryway apartment doors with U.L. approved closers and smoke seals. 4. Pay outstanding fees of $300.00. The liability of not having workable smoke detectors in each unit was discussed. It was explained to the owner, that there was a form that was mailed with the annual license application renewal forms for the owner to use to have the tenants verify that the smoke detector is in workable condition. With that signed by the tenant, and if the smoke detector is dismantled or not in working condition due to the tenants actions, the tenant could be cited. The owner was encouraged to obtain additional forms from the Fire Department and obtain the tenants signatures after the smoke detectors were reconnected and verified to be in working condition. Dale Hadler of unit 103 was present to state that he has had a good relationship with the owners regarding maintenance issues. He felt that the inspectors are always courteous. However, he requested that he be notified of the inspection as he works odd hours and may be sleeping. Inspector Field stated that the building owners set the date and time well in advance for the inspection and it is the owners responsibility to notify the tenants as the Fire Department cannot gain access to each apartment without the tenant or the owner/caretaker being in attendance. A female tenant of//201 was present to express her concern that other issues were not being addressed by the owners because of these issues not being resolved. She stated that she was promised that her bathroom would be fixed some time ago and has still not been addressed. A male tenant in unit 102 stated that he had no problems with the owners as they have been very helpful. It was the concensus of the Commission that the owner submit a reasonable plan of action regarding the installation of the solid core doors in each apartment giving a time frame for PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 15 completion. They requested the Fire Department to assure that the owner received additional smoke detector forms. They also requested that the outstanding fees be paid as soon as possible. Motion hy Fowler, seconded hy Peterson, to.recommend to the City Council that the rental license revocation for 4433 University Avenue be overturned provided the items outlined above are completed, the outstanding fees are paid and that the I 3/4 inch solid core entryway doors are installed to each unit with U.L approved closers and smoke seals in a time frame as determined hy the City Council. Roll Call: All Ayes. *THIS ITEM TO APPEAR ON THE MARCH 11, 1998 CITY COUNCIL AGENDA. Public Hearing Appeal Case #9603-19 Lynde Investment RE: 4441 University Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Rosman of Lynde Investment for an appeal of a City Council decision to revoke the rental license for the multiple dwelling at 4425 University Avenue. She informed the Commission that the owner is appealing this revocation pursuant to Section 5A.305(1) of the Housing Maintenance Ordinance which reads "the Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the-items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property". She also stated that the owners are also appealing pursuant to 5A.306(1) which states: "When a person to whom a compliance order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in Section 6.202(1)". Ms. Goodroad informed the Commission that the owner claims, in his appeal application, that code violations are substantially complete and that the compliance orders fall outside of the authority of this Ordinance.' She explained that the issue with Lynde Investment began at the first City council meeting in January when the eight properties owned by Lynde Investment were on the agenda for license revocation. She referred to backround information from the Fire Department which summarizes the reasons for revocation and an updated list of outstanding violations. At that meeting, the City Council gave Lynde Investment thirty (30) days to make repairs and pay the outstanding fees owed on each building. The City Council reviewed these properties again after thirty days at the February 12, 1996 City Council meeting during a public hearing. Once the hearing was closed, the City Council revoked the licenses on the properties with a 3-2 vote. The revocation was based on the fact that not enough work was completed. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 16 Ms. Goodroad informed the Commission that each building has outstanding re.inspection fines of t~300.O0. She also stated that notices for this hearing were provided to each tenant in each building and posted in the common area of each building by the Fire Department. She directed the Commissions attention to a memo from the Fire Department regarding the requirements for the solid core doors. John Tackett was present as the attorney representing the owners of Lynde Investment, Bennie Rozman and his sister, Mrs. Robert Shapiro, who were also present. The outstanding violations as of February 12, 1996 for 4441 University Avenue are as follows: 1. Stairwell and hallway paint deteriorated, repaint. 2. Living room window damaged. 3. Damaged stucco on south side of the building. 4. Unit #102, smoke detector disarmed with plastic bag covering it and hanging by wires. 5. Entry doors do not meet code requirements in Unit 1, 2, 3, 101,201,202. 6. Entry doors missing U.L. approved closers in Units #103, 104, 203, 204. 7. Hallway side entry doors do not meet code requirements in Units #103, 104, 203, 204. 8. Pay outstanding fees of 8300.00. Attorney Tackett stated that the painting of the stairwells and hallways were being worked on, the living room window in unit 103 was ordered and the stucco repair will be done when weather permits. The smoke detector problems will be addressed with the tenants. The Commission requested that the Fire Department verify completion of 'the above items and that the outstanding fees he paid as soon as possible. It was the concensus of the Commission that the owner submit a reasonable plan of action regarding the code compliance for all doors in each apartment giving a time frame for completion. Motion by Peterson, seconded by Fowler, to recommend to the City Council that the rental license revocation for 4441 University Avenue be overturned provided the work outlined above is completed and verified by the Fire Department, all fees are paid and that all requirements regarding all doors in the building be brought into compliance within a time frame as determined by the City Council. Roll Call: All Ayes. *THIS ITEM TO BE ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. Public Hearing Appeal Case #9603-20 Lynde Investment RE: 4707 University Avenue Columbia Heights, Mn. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 17 Ms. Goodroad presented the request of Mr. Rosman of Lynde Investment for an appeal of a City Council decision to revoke the rental license for the multiple dwelling at 4425 University Avenue. She informed the Commission that the owner is appealing this revocation pursuant to Section 5A.305(1) of the Housing Maintenance Ordinance which reads "the Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property". She stated that the owners are also appealing pursuant to 5A.306(1) which states: "When a person to whom a compliance order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in Section 6.202(I)". Ms. Goodroad informed the Commission that the owner claims, in his appeal application, that code violations are substantially complete and that the compliance orders fall outside of the authority of this Ordinance. She explained that the issue with Lynde Investment began-at the first City council meeting in January when the eight properties owned by Lynde Investment were on the agenda for license revocation. She referred to backround information from the Fire Department which summarizes the reasons for revocation and an updated list of outstanding violations. At that meeting, the City Council gave Lynde Investment thirty (30) days to make repairs and pay the outstanding fees owed on each building. The City Council reviewed these properties again after thirty days at the February 12, 1996 City Council meeting during a public hearing. Once the hearing was closed, the City Council revoked the licenses on the.properties with a 3-2 vote. *The revocation was based on the fact that not enough work was completed. Ms. Goodroad informed the Commission that each building has outstanding re-inspection fines of t/300.O0. She also stated that notices for this hearing were provided to each tenant in each building and posted in the common area of each building by the Fire Department. -She directed the Commissions attention to a memo from the Fire Department regarding the requirements for the solid core doors. John Tackett was present as the attorney representing the owners of Lynde Investment, Bennie Rozman and his sister, Mrs. Robert Shapiro, who were also present. ~ The outstanding violations for 4707 University Avenue are as follows: 1. Stairwell paint deteriorated, repaint. 2. Paint rear door, only primered. 3. All unit entry doors do not meet code requirements. Install solid core I 3/4 inch entryway PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 18 apartment doors with U.L. approved closers and smoke seals. 4. Pay all outstanding fees totaling $300.00. Attorney Tackett stated that the painting of the stairwells and rear door will be completed. Scott Martin, tenant, was present to state that any maintenance issues he has had have been completed in a timely manner. The Commission requested the Fire Department to verify completion of the above items. They stated that the outstanding fees should be paid as soon as possible. They agreed that the owner submit a reasonable plan of action regarding the installation of the solid core doors giving a time frame for completion. Motion by Fowler, seconded by Peterson, to recommend to the City Council that the license revocation for 4707 University Avenue he overturned provided the work outlined above is completed and verified hy the Fire Department, ali fees are paid and that all requirements regarding the installation of the solid core doors are met within a time frame as determined by the City Council. Roll Call: All Ayes. *THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. M. Public Hearing Appeal Case//9603-21 Lynde Investment RE: 4715 University Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Rosman of Lynde Investment for an appeal of a City Council decision to revoke the rental license for the multiple dwelling at 4425 University Avenue. She informed the Commission that the owner is appealing this revocation pursuant to Section 5A.305(1) of the Housing Maintenance Ordinance which reads "the Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property". She also stated that the owners are also appealing pursuant to 5A.306(1) which states: "When a person to whom a compliance order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in Section 6.202(1)". PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 19 Ms. Goodroad informed the. Commission that the owner claims, in his appeal application, that code violations are substantially complete and that the compliance orders fall outside of the authority of this Ordinance. She explained that .the issue with Lynde Investment began at the first City council meeting in January when the eight properties owned by Lynde investment were on the agenda for license revocation. She referred to backround information from the Fire Department which summarizes the reasons for revocation and an updated list of outstanding violations. At that meeting, the City Council gave Lynde investment thirty (30) days to make repairs and pay the outstanding fees owed on each building. The City Council reviewed these properties again after thirty days at the February 12, 1996 City Council meeting during a public hearing. Once the hearing was closed, the City Council revoked the licenses on the properties with a 3-2 vote. The revocation was based on the fact that not enough work was completed. Ms. Goodroad informed the Commission that each building has outstanding re.inspection fines of ~300.00. She also stated that notices for this bearing were provided to each tenant in each building and posted in the common area of each building by the Fire Department. She directed the Commissions attention to a memo from the Fire Department regarding the requirements for the solid core doors. John Tackett was present as the attorney representing the owners of Lynde Investment, Bennie Rozman and his sister, Mrs. Robert Shapiro, who were also present. The outstanding violations for the multiple dwelling at 4715 University Avenue are as follows: 1. The south side stucco is deteriorated; repair. 2. Entry doors do not meet code requirements in Units 1, 2, 3, 101,102, 103, 104, 201,202, 203, 204. Must install solid core 1 314 inch entryway apartment doors with U.L closers and smoke seals. 3. Pay ali outstanding fees totaling 8300,00. Attorney Tackett stated that the stucco repairs will he done in the Spring of 1996. Esther Iverson of//203 was present to state that she has had a good relationship with the owners, especially Mrs. Shapiro, who has helped her with some personal problems. The Commission requested that the Fire Department verify completion of the stucco repair and that the outstanding fees be paid as soon as possible. It was the concensus of the Commission that the owner submit a reasonable plan of action regarding the installation of the solid core doors giving a time frame for completion. Motion by Peterson, seconded by Fowler, to recommend to the City Council that the rental license revocation for 4715 University Avenue be overturned provided the work outlined above is completed PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 1996 PAGE 20 and verified by the Fire Department, all fees be paid and that all requirements regarding the installation of the solid core doors are met within a time frame as determined by the City Council. Roll Call: All Ayes. *THIS ITEM TO APPEAR ON THE MARCH 11, 1996 CITY COUNCIL AGENDA. N. Site Plan Review Oak Hill Baptist Church Case #9603-22 4141 University Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Pastor Lanny Law of Oak Hill Baptist Church for site plan review for their site. The reason for the request is that Oak Hill Baptist Church would like to lease some of their classroom space to Fourth Baptist Church next fall for use as a school. The school would include 265 students for grades 7-12, of which 88 of these students would be in junior high and 177 senior high students. She informed the Commission that the site plan shows that one classroom, lunchroom and the gym facilities would be used on the first floor. On the second floor they would be using three classrooms and the fellowship hall and on. the third floor they would be using seven rooms. A total of twelve classrooms would be used. Ms. Goodroad felt parking was the main site issue although the school and church do have a large parking lot that would be available to the school. She stated that a total of 130 parking spaces would be provided between the north, south and west parking lots. 'She informed the Commission that a total of 56 parking spaces would be required for the school use. She also stated that there were some Fire Code issues that would have to be resolved prior to occupancy being granted for the school operation. Motion by Peterson, seconded by Fowler, to approve the site plan as presented. Roll Call: All Ayes. Motion by Peterson, seconded by Fowler, to adjourn the meeting at 9:30 p.m. Roll Call: All Ayes. Respectfu!l/y/submitted, T(athtyn Pepi~ /// Secretary to the Pta~ning and Zoning Commission kp . MINUTES March 4, 1996 The meeting was called to order by President, Barbara Miller. Those present were: Nancy Hoium, Richard Hubbard, Pat Sowada, Barbara Miller, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the February 6th, meeting as mailed. ~-.^ The March 4th list of bills was reviewed. It was moved, seconded and passed that they be paid. The year end f'mal accounting for 1995 was reviewed. The 1996 accounting was reviewed. Old Business: 1.) 2.) Frame relay update was presented. Alpha, the new computer, . is being delivered March 14th or 15th. The current system and the Alpha computer are not compatible. All data currently in the system must be re-entered on the new computer. The Anoka County Library Board voted to close to the public when installation takes place. The library will be closed all day on April 10, 1996, and until 3:00 p.m. on April 11, 1996. It was moved, seconded, and passed to close the Columbia Heights Public Library to the public in conjunction with the County closing and to designate this time as ~e clean-up days for staff. A staff update was presented. The choreperson position has been advertised for and interviews will be conducted. Page applications will be taken again in April. The job description for the library aide position has been finished. 'The salary range and job description will be taken to the City Council for approval on March 11. 3.) The date of the Jamboree parade was finalized. The parade will be on June 28, 1996. New Business: 1.) The City version of the Annual Report was reviewed. State Annual Report paperwork has not been received as yet. Pat Sowada commented that the annual report looked very nice and she especially liked the graphs. 2.) Crossover statistics were reviewed. 3.) The February edition of the "In-touch" newsletter was reviewed. Some adult level books have been included on the list. 2 4.) A report on the Family Night programs was presented. The first program highlighted children's writer, David LaRochelle. There were 18 people who attended the program. Mr. LaRochelle donated his time and talked to the adults and children about being a writer and how he started out. He also read The Christmas Guest. There is no program scheduled for March 4. The next program will be on March 11, and is entitled "Kids and Chemistry". This program in sponsored and presented by H.B. Fuller Company. 5.) Information and applications for the sixth annual adult reading club were distributed to the Board. The theme this year is "All aboard the Reading Railroad". 6.) A report on the Heights Pride meeting was presented. Heights Pride week will be May 13-18. The Library will be having an open house on Thursday, May 16. Final plans have not been made at this time. 7.) Two patron situations were reported to the Board. Both patrons are being dealt with by proper authorities. One was an adult and one a juvenile. 8.) New Minnesota Libraries Periodical has been received, and the Board was invited to look at it. 9.) Jerry Young has contacted Becky about the Anoka County Library long range plan for service in southern Anoka County. A meeting will be scheduled after March 10. There being no further business the meeting was adjourned. Respectfully submitted, Je'a'nine M. Schmidt, Secretary to the Library Board of Trustees. The Cio, 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 CiO; of Columbia Heights 'services, programs, and activities.