Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
June 9, 1997 Regular
AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, JUNE 9, 1997 7:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the previous portion of agenda, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Adopt Minutes of the May 27, 1997 Council Meeting 2) Establish Hearing Date - Revocation of Rental License, 4222 Monroe Street 3) Block Mill Street on July 30, 1997 for Ramsdell Memorial Observance. 4) Res. No. 97-40, Lotsplit Request, 4652 Fifth Street, H. Dietz 5) CUP Approval for Bascali's Restaurant at 5060 Central Avenue 6) CUP Approval for Storage Shed at 4450 Stinson Boulevard 7) Special Purpose Fence at 3865 Polk Street 8) Special Purpose Fence at 1202 40th Avenue 9) CUP Accessory Construction at 843 40th Avenue 10)Approval of License Applications 11)Payment of Bills 12)Comm. Dev. Dept. Hiring Recommendations 5. RECOGNITION~ PROCLAMATIONS, PRESENTATIONS~ GUESTS A. Engraved Clocks Recogrfizing Service B. Presentations - Police Department Citizen Commendations o PUBLIC HEARINGS A. Res. No. 97-04 Rental License - 4017 6th Street, F. Job 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Rdg. Ord. No. 1348 Regarding Exterior Parking 2) First Rdg. Ord. No. 1280 Amending Charter Re: Referendum 3) First Rdg. Ord. No. 1349 Amending Charter Re: Rules/Quorum B. Bid Considerations None C. Other Business 1) Changer Order to Remove Retaining Wall 2) Approve Consulting Contract - USAquatics on Wading Pool Improvements 3) Appeal - 411 40th Avenue, Brad and Chris Ferris 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) April 15, 1997 EDA Meeting 2) June 2, 1997 Traffic Commission Meeting 3) May 22, 1997 Charter Commission Meeting 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT Walter R. Fehst, City Manager ADMINISTRATION Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Meg Jones Gaty L. Peterson Robert W. Ruettimann City Manager Walter R. Fehst JUNE 3, 1997 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, June 9, 1997 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to altow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent aqenda items as listed below' 1) Adopt Council Minutes MOTION: Move to adopt the minutes of the May 27, 1997 Regular Council Meeting. 2) Establish Hearinq Date for Revocation of Rental License for 4222 Monroe Street Owned by Robert Witt MOTION: Move to establish a hearing date of June 23, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the property at 4222 Monroe Street owned by Robert Witt. CITY COUNCIL AGENDA JUNE 9, 1997 MEETING PAGE 2 3) Permission to Block Off Mill Street East of City Hall MOTION: Move to authorize the Police Department to close Mill Street Northeast from 40th Avenue Northeast to just north of the Murzyn Hall parking lot from noon to 9:00 p.m. on July 30, 1997 for the Officer Curt Ramsdell memorial observance. 4) Resolution No. 97-40 Beinq a Resolution Approving a Lotsplit for 4652 Fifth Street Northeast, Helen Dietz MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve Resolution No. 97-40 being a resolution approving the Iotsplit for property located at 4652 Fifth Street Northeast owned by Helen Dietz. 5) Approval of Conditional Use Permit, Bascali's Restaurant, 5060 Central Avenue Northeast MOTION: Move to approve the conditional use permit to operate the proposed Bascali's Restaurant at 5060 Central Avenue Northeast provided the required final inspections are conducted by the Anoka County Health Department, the City Building and Fire Inspectors and that the appropriate licenses are obtained by the applicant for the operation. 6) Conditional Use Permit for Storaqe Shed, 4450 Stinson Boulevard - Howard Fortier MOTION: Move to approve the conditional use permit for the 14 x 14 utility building at 4450 Stinson Boulevard as it is in conformance. 7) Special Purpose Fence, 3865 Polk Street Northeast, Harry_ Klever MOTION: Move to approve the request for an eight (8) foot high special purpose privacy fence provided property irons have been located and the required permit is obtained prior to fence installation at 3865 Polk Street Northeast. 8) Special Purpose Fence, 1202 40th Avenue Northeast, Laura Mannino MOTION: Move to approve the six (6) foot high special purpose privacy fence provided the required property irons have been located and the required permit is obtained prior to fence installation at 1202 40th Avenue Northeast CITY COUNCIL AGENDA JUNE 9, 1997 MEETING PAGE 3 9) Conditional Use Permit for Construction of 25' x 14' Accessory Structure, 843 40th Avenue Northeast, First Community Credit Union MOTION: Move to approve the conditional use permit to construct a 25x14 foot accessory structure at 843 40th Avenue Northeast based on the following conditions: 1) If First Community Credit Union vacates the building at 843 40th Avenue Northeast, the utility building must be removed. 2) Once purchase of 843 40th Avenue Northeast building is complete, the First Community Credit Union must combine the two parcels. 10) Approval of License Applications MOTION: Move to approve the license applications as listed. 11) Approval of Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. 12) Community Development Department Hirinq Recommendations MOTION: Move to direct and authorize staff to update job descriptions as appropriate, advertise for position vacancies of Housing Coordinator, full-time Occupancy Specialist, half-time Family Self-Sufficiency Coordinator, and Building Official listing the appropriate pay range for each position, and to change the title of Zoning/Grant Coordinator to Planner. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Recoqnition 1) Engraved Clocks Recognizing Service Keith Roberts, Charter Commission Dick Lawrence, Police and Fire Civil Service Commission Steve Mihalchick, Telecommunications Commission Catherine Anderson, Human Services Commission COUNCIL MEETING AGENDA JUNE 9, 1997 PAGE 4 B. Presentations 1) Police Department Citizen Commendations: Travis Stephen Johnson Daniel Tate Whitfield Juan Mendoza Walter Vernon Arthur Allen John Askegard. 6. PUBLIC HEARINGS A. Resolution No. 97-04 Reqardin.q Revocation or Suspension of Rental License Held by Francis Job Re.qardin.q Rental Property at 4017 Sixth Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-04 being a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Francis Job regarding rental property at 4017 Sixth Street Northeast. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Francis Job regarding rental property at 4017 Sixth Street Northeast in that the provisions of the Housing Maintenance Code have been complied with. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1 ) First Readinq of Ordinance No. 1348 Being an Ordinance Amending Ordinance No. 853 Regarding Exterior Parking MOTION: Move to waive ther reading of the ordinance there being ample copies available for the public. MOTION: Move to establish the date of June 23, 1997 at approximately 7:00 p.m. as the date and time for the second reading of Ordinance No. 1348 being an ordinance amending City Code regarding exterior parking. 2) First Readinq of Ordinance No. 1280 Beinq an Ordinance Amendinq the City Charter, Chapter 5, Pertaining to the Referendum and Referendum Petitions COUNCIL MEETING AGENDA JUNE 9, 1997 MEETING PAGE 5 MOTION: Move to waive the first reading of Ordinance No. 1280 there being ample copies available for the public. MOTION: Move to establish the second reading of Ordinance No. 1280 for June 23, t997 at approximately 7:00 p.m. being an ordinance amending the Charter pertaining to the referendum and referendum petitions. 3) First Readinq of Ordinance No. 1349 Beinq an Ordinance Amendin.q tho. Charter, Chapter 3, Rules of Procedures and Quorum MOTION: Move to waive the reading of Ordinance No. 1349 there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1349 being an ordinance amending the City Charter Chapter 3, for June 23, 1997 at approximately 7:00 p.m. B. Bid Considerations None C. Other Business 1) Change Order to Remove Retaininq Wall MOTION: Move to authorize Change Order 9415-1 to sawcut and remove the retaining wall on Gould Avenue for 3942 Reservoir Boulevard to Midwest Asphalt Corporation in the amount of $3,960.00. 2) Approval of Consultinq Contract with USAquatics on Wadinq Pool .Improvements MOTION: Move that a contract for the evaluation phase of the wading pool improvements be awarded to USAquatics based on their experience for a not-to- exceed cost of $4,800; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Funding for this study is to be from Fund 412-45200. 3) Appeal - Variance and Conditional Use Permit, Brad and Chris Ferris, 411 40th Avenue Northeast MOTION: Move to rescind Resolution No. 95-69 declaring 411 40th Avenue Northeast an hazardous building and approval of the appeal request to allow the use of the property as a commercial use provided al_II Code required work is completed and inspected per the Building Official, Fire Inspector and Housing Maintenance Inspection requirements prior to occupancy. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 6 MOTION: Move that all required work be completed and approved prior to occupancy unless the Building Inspector approves a temporary certificate of occupancy and that there be the installation of the required screening fence along the north property line. MOTION: Move to approve the conditional use permit for a second stow dwelling unit at 411 40th Avenue Northeast provided the following conditions are met: 1. Appeal for use of the building is granted by the City Council. 2. Variance of 4.5 feet be approved by the City Council. 3. All code required work be completed and approved prior to occupancy of the residential unit. 4. Installation of required screening along the north property line of the property (six foot high privacy fence). 5. Obtain a City rental license for residential unit. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) Minutes of the April 15, 1997 EDA Meeting 2) Minutes of the June 2, 1997 Traffic Commmission Meeting 3) Minutes of the May 22, 1997 Charter Commission Meeting 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.) REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 7 RECESS TO AN EXECUTIVE SESSION MOTION: Move to recess the Regular City Council Meeting to an Executive Session to discuss negotiations regarding the lease for the Top Valu Liquor Store and to appoint Jo-Anne Student as the Recording Secretary to keep a written report of same. RECONVENE REGULAR COUNCIL MEETING MOTION: Move to reconvene the Regular City Council Meeting from the Executive Session called to discuss negotiations regarding the lease for the Top Valu Liquor Store with a written report being kept by Jo-Anne Student, Council Secretary. 11. ADJOURNMENT MOTION: Move to adjourn the Regular City Council Meeting. Walter R. Fehst, City Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 27, 1997 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. PLEDGE OF ALLEGIANCE o ADDITIONS/DELETIONS TO THE MEETING AGENDA There was the addition of a Block Party Request under Other Business. Also, the purchase of a copier for the Recreation Department was removed from the Consent Agenda. CONSENT AGENDA These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion: Motion by Sturdevant, second by Jones to approve the consent agenda items as listed below: Adopt Council Minutes The Council approved adoption of the May 12, 1997 Regular City Council Meeting minutes as presented. Authorization of Printinq and Mailinq of the 1997 City Newsletter The Council authorized the Mayor and City Manager to enter into an agreement with Nystrom Publishing for the printing of newsletters in 1997 based on the quote submitted to the City. Adoption of Resolution No. 97-37 beinq a Resolution Restrictinq Parkinq on 40th and Central Avenue~ The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 97-37 BEING A RESOLUTION DESIGNATING "NO PARKING,, ON THE NORTH SIDE OF C.S.A.H. 2 (40TH AVENUE) FROM VAN BUREN TO T.H. 65 (CENTRAL AVENUE) REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 2 WHEREAS, the City of Columbia Heights in cooperation with Anoka County and the Minnesota Department of Transportation is revising the signal system on C.S.A.H. 2 at T.H. 65 to provide protected/permissive left turns, and WHEREAS, to improve the safety and efficiency of the intersection, the drive lanes on C.S.A.H. 2 need to be revised to having opposing left turns, and WHEREAS, parking on the north side of C.S.A.H. 2 from Van Buren Street to T.H. 65 needs to be eliminated to revise the lane stripping. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Columbia Heights requests Anoka County designate the north side of C.S.A.H. 2 (40th Avenue) from Van Buren Street to T.H. 65 (Central Avenue) as no parking. Dated this 27th day of May, 1997. Offered by: Seconded by: Roll call: Sturdevant Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 27th day of May, 1997, as disclosed by the records of said City in my presence. Jo-Anne Student, Deputy City Clerk Establish Council Work Session The Council established Monday, June 16, 1997 at 7:00 p.m. as the date and time for a Council work session. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 3 Establish Hearinq Date Reqardinq Rental License The Council established a hearing date of June 23, 1997 at approximately 7:00 p.m. for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Anthony Wilczek for property located at 3935 Tyler Street Northeast. Approval of License Applications The rental housing license applications as noted in the memo from Chartie Kewatt, Fire Chief, dated May 22, 1997, were approved by the Council. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Roll call on Consent Agenda: Ail ayes Copier for the Recreation Department The Mayor requested this item be removed from the Consent Agenda for discussion. He questioned the validity of trading in the current copier when only $100 allowance is being given. He felt it may be of some use to another City department. The City Manager said it could be used as back-up equipment or given to a charitable organization. Motion by Sturdevant, second by Peterson to authorize staff to purchase the Sharp SF2035 copier from D. C. Hey for $5,400.00 for the Recreation Department. 5. PRESENTATIONS, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Recoqnition Clocks Engraved clocks recognizing past service were prepared for the following people: Pat Grady, Park and Recreation Commission; Don Murzyn, Jr., Economic Development Authority; Ron Zurek, Human Services Commission; and Don Renquist, Human Services Commission. These clocks will be delivered to the residents. The Mayor presented an engraved clock to John Hemak for his sixteen years of service on the Human Services Commission. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 4 B. Introduction of New Employee The Public Works Director introduced Jeff Hook, the newly- hired City. Mechanic. 6. PUBLIC HEARINGS A. Resolution No. 97-36 Beinq a Resolution Ordering and Levying an Improvement This improvement is the result of a petition of affected property owners. Motion by Jolly, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-36 Adopting assessment roll for the following local improvement and determining said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for mid-block alley light, to be placed on the existing pole between 3724 and 3732 2 1/2 Street, numbered 677-Area 32-Project ~9715. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 27th day of May, 1997, in the City Council Chambers, 590 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the leca! improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 5 Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 32-Project 9715 for mid- block alley lighting. Section 2: Section 3: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvements to be especially assessed against each lot or parcel of land in the amount as billed annually by Northern States Power. That the annual installment shall be paid in full without interest on or before September 15, 1998 (covering electric from date of placement through 1998), and in annual installments thereafter, as long as the mid- block light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4: That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 677-Area32 for mid-block alley lighting. Passed this 27th day of May, 1997. Offered by: Seconded by: Roll call: Jolly Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Resolution No. 97-39 Approving Modified RedeveloDment Plan and TIF Plan for Housing Redevelopment TIF District No. 1 The EDA Director stated the properties addressed with this item will not be forced sales but will be willing sellers. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 6 There are fifty-five homes involved. All of the owners of these properties will be notified by mail of the City's interest in future purchase. Counci!member Ruettimann noted that some of the supporting documents for this agenda item were not received until tonight's meeting. He felt this issue should be delayed until later in the meeting so the additional information could be discussed. Motion by Ruettimann, second by Jolly to table this item until later in the meeting. Roll call: Ail ayes ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1) Resolution No. 97-38 Beinq a Resolution Estab!ishinq the Youth Initiative Commission and Approvinq its By-Laws and Procedures There were some amendments made to the resolution which addressed vacancies, reappointments, the membership selection process and enrollment in Columbia Heights schools. Motion by Jolly, second by Ruettimann to waive the reading of the resolution including the amendments there being ample copies available for the public. Roll call: Ail ayes RESOLUTION NO. 97-38 BEING A RESOLUTION ESTABLISHING THE CITY OF COLUMBIA HEIGHTS' YOUTH INITIATIVE COMMISSION AND APPROVING ITS BY-LAWS AND PROCEDURES BE IT RESOLVED BY THE YOUTH INITIATIVE COMMISSION OF THE CITY OF COLUMBIA HEIGHTS, that the following rules of procedure are adopted: ARTICLE I. NAME WHEREAS: The Youth Initiative Commission is established and so named in accord with City Code. ARTICLE II. PURPOSES AND OBJECTIVES WHEREAS: The goals of the Youth Commission are as follows: REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 7 * To advocate for youth and their environment as a community priority; * To promote the development of youth socially, emotionally, spiritually, educationally and physically; * To identify and prioritize unmet needs of area youth; * To recommend strategies and solutions to meet identified needs of youth; * To encourage community and school involvement through dissemination of information; * To evaluate commission activities on an ongoing basis; * To promote the seven identified core values of Values First. ARTICLE III. MEMBERSHIP AND VOTING Section 1. WHEREAS: The Youth Initiative Commission shall consist of sixteen (16) representatives. Fourteen (14) are chosen from students attending schools licensed by the State of Minnesota and home schools located within the City of Columbia Heights Section 2. WHEREAS: The fourteen (14) students selected from Columbia Heights Schools are as follows: Three from grade 12 Three from grade 11 Two from grade 10 Two from grade 9 Two from grade 8 Two from grade 7 Two youths at large are selected from within the corporate limits of Columbia Heights and/or Hilltop but do not attend Columbia Heights schools. These two people will be in addition to the fourteen and the intent is not meant to supplement the existing numbers. WHEREAS: The Commission itself will have input in the selection process. REGULAR COUiqCIL MEETING MAY 27, 1997 PAGE 8 WHEREAS: No student shall serve as a youth member on the Commission beyond August 31st in the year in which the youth graduates from Columbia Heights High School or in which they reach 19 years of age or if they cease to be enrolled in Columbia Heights High School. WHEREAS: Youths are limited to one single consecutive two year term. The youth may reapp!y after one year's absence from the Commission as a voting member. WHEREAS: Each member of the Commission shall be entitled to vote at all regular and special meetings of the Commission. WHEREAS: Youths with expired terms can act as advisors but not have voting privileges. Section 3. WHEREAS: Anytime a member does not record his/her vote, an abstention must be entered as such in the minutes with a reason recorded. ARTICLE IV. MEETINGS OF THE COMMISSION Section 1. WHEREAS: Regular meetings of the Commission shall be held each month. Specific times and locations to be determined at the first meeting along with the selection of officers. Section 2. WHEREAS: A majority of the members of the Commission shall constitute a quorum in order to accomplish Commission business. Section 3. WHEREAS: At least three days' notice reminder of each monthly and special meeting shall be given to each member of the Commission either personally or by mail addressed to such member at the address appearing from the records of the Commission. WHEREAS: Such notice shall state the date, time, place and purpose of the meeting. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 9 Section 4. WHEREAS: Any Commission member missing three meetings without satisfactory explanation to the Commission may forfeit his/her membership. The Commission, by resolution, may recommend to the City Council and School District ~13 that such a member be replaced by a person to serve the remainder of that member's term. Section 5. WHEREAS: A Commission member who attends a meeting of the City Council and/or School Board as a representative of the Commission should follow these guidelines: 1) Copies of any report should be made available to each member of the Council and/or School Board. Such a report may be delivered orally. 2) The representative should answer questions about the Commission's policies if these are addressed to him/her by the Council and/or School Board. 3) The representative should support the Commission's majority report and should not present his/her own point of view nor that of the minority unless specifically asked. 4) The representative may ask the Council and/or School Board to meet jointly with the Commission before making a determination which reverses or is contrary to the recommendation of the Commission. 5) Meetings for the summer months, June-July-August, can be suspended by a majority vote of the Commission. ARTICLE V. OFFICERS The officers of the Youth Initiative Commission shall be Chairperson, Vice Chairperson and Secretary. 1) The Chairperson shall preside at all meetings. The duties of this office shall also include; initiating meetings, calling meetings to order; doing public presentations or delegating another member to do so; encouraging participation from all committee members; following up on problems of member non-attendance; arranging for speakers at committee meetings; setting up agendas. REGULAR COIINCIL MEETING MAY 27, 1997 PAGE 10 2) The Vice Chairperson shall perform all the duties of the Chairperson in his/her absence. The duties of this office shall also include; assisting Chairperson with any agreed upon task; perform duties of administrative recorder in his or her absence; securing another member to perform these duties; setting up agenda. 3) A Secretary shall be elected to serve in the absence of the Chairperson to open any meeting. The duties of this office shall also include; recording member attendance at meetings; informing chairperson of members that are reaching absence limit; taking minutes at meetings; setting up agenda; official correspondence; seeing that staff person receives minutes/ agenda by deadline; meeting with staff person at recorder's convenience for editing. 4) The Secretary shall be responsible for keeping records of the Commission and performing such other services for the Commission as are customary to this role. Section C. ELECTION OF OFFICERS The members shall elect all officers for the Youth Commission for terms of one year and each shall hold office until they shall resign or shall be removed or disqualified or until their successors are elected. Elections shall be held in September of each year. Section D. VACANCIES OF OFFICERS In case any office of the Youth Commission becomes vacant by resignation, retirement, removal, disqualification, illness, death or any other cause, a majority vote of the membership, shall elect an officer to fill the unexpired term. The officer elected shall hold office and serve until the next election of officers. ARTICLE VI SUBCOMMITTEES Section 1. The Chairperson shall appoint subcommittees as needed. Section 2. The Chairperson may appoint a chairperson for each subcommittee or may serve in this capacity him/herself. Section 3. The Chairperson is an ex-officio member of all subcommittees. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 11 ARTICLE VII AMENDMENTS TO BYLAWS These bylaws may be amended by the City Council by a recommendation of the majority of the Commission at any regular meeting providing notices of such amendment request is given at the preceding regular meeting. ARTICLE VIII RULES Except where otherwise provided by these rules, the proceedings of the Commission shall be governed by Roberts Rules of Order, Revised. NOW, THEREFORE BE IT RESOLVED that the Columbia Heights City Council hereby establishes a Youth Initiative Commission and approves its bylaws and procedures. Passed this 27th day of May, 1997. Offered by: Seconded by: Roll call: Jolly Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2) Second Readinq of Ordinance No. 1345 Beinq an Ordinance Conveyinq Certain ProDerty Motion by Sturdevant, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1345 BEING ANORDINANCE AUTHORZING THE SALE OF CERTAIN REAL ESTATE BY THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Authorization of Sale of Real Estate. The City of Columbia Heights shall sell and convey unto O!ubunmi Odumade and Olubukunola Odumade the real property described as follows, to wit: REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 12 That part of Lot 4, Block 1, Apache Heights, Anoka County, Minnesota, formerly described as part of the North Seven Feet of 40th Avenue N.E. vacated lying between the Southerly extension of the Westerly line of Lot 20 and the Southerly extension of the Easterly line of Lot 21, Block 3, "Silver Lake Addition to Columbia Heights, Minn.", according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Anoka County. Being registered land as evidenced by Certificate of Title No. 25953 That part of Lot 4, Block 1, Apache Heights, Anoka County, Minnesota, formerly described as the North Seven Feet of 40th Avenue N.E. vacacted lying between the Southerly extension of the Easterly and Westerly lines of Lot 19, Block 3, Silver Lake Addition to Columbia Heights, Minn. Being registered land as evidenced by Certificate of Title No. 25951. RESERVING unto the City of Columbia Heights those easements of Record. Together with all hereditaments and appurtenances belonging thereto. Section 2. The Mayor and City Manager are herewith authorized to execute~the quit claim deed to effectuate the conveyance of said real estate for carrying out the term of this ordinance. 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: May 12, 1997 May 27, 1997 May 27, 1997 Offered by: Seconded by: Roll call: Sturdevant Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 13 3) Second Readinq of Ordinance No. 1346 Beinq an Ordinance Conve¥inq Certain Property Motion by Sturdevant, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1346 BEING ANORDINANCE AUTHORIZING THE SALE OF CERTAIN REAL ESTATE BY THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Authorization of Sale of Real Estate. The City of Columbia Heights shall sell and convey unto James C. Morel and Esperanza C. Morel the real property described as follows, to wit: That part of Lot 5, Block t, Apache Heights, Anoka County, Minnesota, formerly described as part of the North Seven Feet of 40th Avenue N.E. vacated lying between the Southerly extension of the Westerly line of Lot 20 and the Southerly extension of the Easterly line of Lot 2!, Block 3, "Silver Lake Addition to Columbia Heights, Minn." according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Anoka County. Being registered land as evidenced by Certificate of Title No. 25953. RESERVING unto the City of Columbia Heights those easements of Record. Together with all hereditaments and appurtenances belonging thereto. Section 2: The Mayor and City Manager are herewith authorized to execute the quit claim deed to effectuate the conveyance of said real estate for carrying out the term of this ordinance. 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: May 12, 1997 May 27, 1997 May 27, 1997 REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 14 Offered by: Seconded by: Roll call: Sturdevant Jones All ayes Jo-Anne StUdent, Council Secretary Mayor Joseph Sturdevant B o Bid considerations None C. Other Business !) Award of Emerqency Vehicle Pre-Emption and Traffic Control Siqnals Motion by Jolly, second by Peterson to award the Emergency Vehicle Pre-Emption and Traffic Control Signal Systems - Municipal Projects #9505 and ~9124 to Ridgedate Electric of Long Lake, Minnesota, based upon their low, qualified responsible bid in the amount of $154,700 with $38,700 appropriated from Fund 402-59505 and $1t6,000 from Fund 401- 59124. Roll call: All ayes 2) Chanqe Order - Replace Watermain on McLeod Street from Royce Place to 44th Avenue Motion by Sturdevant, second by Jones to authorize Change Order 9417-1 for watermain replacement on McLeod Street, Royce Street to 44th Avenue to Midwest Asphalt Corporation in the amount of $69,491.50. Roll call: All ayes 3) Block Party Request - 5020 Seventh Street Motion by Ruettimann, second by Peterson to approve the request of Barbra Clements (Brunkow) for a block party from noon to !0:00 p.m. on Saturday, June 7, 1997, with barricades blocking off the alley located between the avenues of 50th and 5!st and the streets of 6th and 7th. Roll call: All ayes 8. ADMINISTR3tTIVE REPORTS A. ReDort of the City Manaqer A letter was received from the President of the Charter Commission advising the Council of a special meeting. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 15 The primary reason for the special meeting is to discuss the issue of changing control of the Police Department from the Mayor to the City Manager. Members of the City Council were encouraged to attend. If there is time, other issues will be discussed. Among them will be updating the charter to indicate sections where they are superceded by State Statute and taking of minutes at all board and commission meetings as well as council work sessions. The City Manager advised that the senate version of the Local Government Aid bill passed. The City's allocation increased slightly. Any items members have for the June 2nd joint meeting of the Council and the School Board should be given to the City Manager so an agenda can be drafted. Councilmember Jones stated that some members of the Fridley Council had indicated in interest in attending this meeting. The City Manager will contact them. Box lunches will be available. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENEP-AL COUNCIL COMMUNICATIONS 1) Minutes of Board and Commission Meetinqs Library Board May 6, 1997 Meeting Planning and Zoning Commission May 6, 1997 Meeting 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA The resident at 947 43rd Avenue advised that his driveway apron was damaged with the recent street work being done. The Public Works Director advised that this will be repaired. He also had questions regarding speed control on 43rd Avenue. He was directed to bring his concerns to the Traffic Commission. A resident inquired if there are any prohibitions on filming in the City. He was directed to contact the Police Chief. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 16 Resolution No. 97-39 ADprovinq Modified Redevelopment Plan and TIF Plan for Housinq Redevelopment TIF District No. 1 (cont.) Motion by Ruettimann, second by Jones to remove this item from the table. Roll call: All ayes The changes made to the documents regarding the establishment of the Housing Redevelopment Tax Increment Finance District No. 1 were reviewed. Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public and including the changes made to the supporting documents. Roll call: All ayes Property owners at 4021 Second Street, 4033 Sixth Street and 4529/31 Taylor Street addressed concerns they had with their respective properties. RESOLUTION NO. 97-39 RESOLUTION APPROVING A MODIFIED REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AND A TAX INCREMENT FINANCING PLAN FOR HOUSING REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. t BE IT RESOLVED by the City Council ("Council") of the City of Columbia Heights ("City") as follows: Section 1. Recitals 1.01. The City has previously established the Central Business District Redevelopment Project (the "Project") and a Redevlopment Plan therefor, originally administered by the Housing and Redevelopment Authority in and for the City of Columbia Heights ("HR_A"). 1.02. By resolution approved January 8, 1996, the City transferred the control, authority and operation of the Project from the HRA to the Columbia Heights Economic Development Authority (the "Authority"). 1.03. In order to administer the Authority's development and redevelopment efforts more efficiently, the Authority has proposed to expand the boundaries of the Project and to modify the Redevelopment Plan for the Project accordingly, all pursuant to Minnesota Statutes, Sections 469.001 to 460.047 REGULAR COUNCILMEETING MAY 27, 1997 PAGE 17 (the "HRA Law"). Specifically, the Authority has found that action is needed within the expanded Project area is to correct blight, prevent the emergence or spread of blight or blighting conditions, and facilitate development of adequate, safe and sanitary dwellings in order to protect the health, safety, morals and welfare of the citizens of the City. 1.04. The Authority has also proposed the establishment within the Project of Housing Redevelopment Tax Increment Financing District No. 1 (the "TIF District") and a Tax Increment Financing Plan ("TIF Plan") therefor, pursuant to the HRA Law and Minnesota Statutes, Sections 469.174 through 469.179 (the "TIF Act"). 1.05. The Authority has caused to be prepared a document titled" Modification of the Downtown CBD Revitalization Plan for the Central Business District Redevelopment Project, Columbia Heights Economic Development Authority, and the Tax Increment Financing Plan for the establishment of Housing Redevelopment Tax Increment Financing District No. 1 (a redevelopment district), Economic Development Authority of Columbia Heights, City of Columbia Heights, Minnesota." 1.06. The Redevelopment Plan and TIF Plan were, in accordance with the HRA Act and TIF Act, referred to the City planning commission which submitted to the City its written opinion that such plans conform to the general plan for the development of the City as a whole. 1.07. Estimates of the fiscal and economic implications of the TIF Plan was presented to Independent School District No. 13 and to Anoka County at least 30 days before the public hearing on the TIF Plan and the County Commissioner who represents the area of the TIF District was duly notified at least 30 days before the date of publication of the hearing notice, all in accordance with the TIF Act. 1.08. By resolution dated May 20, 1997, the Authority approved the modified Redevelopment Plan and the TIF Plan and referred them to the Council for public hearing and consideration. 1.09. This Council has fully reviewed the contents of the modified Redevelopment Plan and the TIF Plan and this date conducted a public hearing thereon, at which the views of all interested persons were heard. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 18 Section 2: Findinqs: Redevelopment Project. 2.01. It is hereby found and determined that within the Project as modified there exist conditions of economic obsolescence, underuti!ization and inappropriate uses of land constituting blight within the meaning of the HRA Act. The findings stated in the modified Project Plan are incorporated herein by reference. 2.02. It is further specifically found and determined that: (a) the land within the Project as modified would not be made available for development without public intervention and financial assistance described in the Redevelopment Plan; the Redevelopment Plan as modified will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project by private enterprise; and (c) the Redevelopment Plan as modified conforms to the general plan for the development of the City as set forth in the comprehensive municipal plan. Section 3: Findinqs: Housinq Redevelopment TIF District No. 1 3.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the Project and the City as a whole, and for the protection and preservation of the public health, safety, and qeneral welfare, that the authority of the TIF Act be exercise~by the City to provide public financial assistance to the TIF District and the Project. 3.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the TIF Plan could not reasonably be expected to occur solely through private investment within the foreseeable future and the increased market value of the site that could resonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increment for the maximum duration of the TIF District permitted by the TIF Plan. 3.03. The proposed public costs to be financed in part through tax increment financing are necessary to permit the City to realize the full potential of the TIF District and the Project in terms of development intensity, employment opportunities and tax base. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 19 3.04. The TIF Plan for the TIF District conforms to the general plan of development of the City as a whole. 3.05, The TIF Plan for the TIF District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the TIF District and the Project by private enterprise. 3.06. The TIF District is a redevelopment district under Section 469.174, subd. 10 of the TIF Act, based on the findings described in the TiF Plan and other records on file with the City. 3.07. The establishment of the TIF District and the approval of the TIF Plan therefor is intended, and in the City's judgement its effect will be, to promote the public purposes and accomplish the objectives specified in the TIF Plan. 3.08. The facts on which findings in this Section are based are stated in the TIF Plan, and are incorporated herein by reference. The City has also relied upon the reports and recommendations of its staff as well as the personal knowledge of members of the City Council in reaching its conclusions regarding the TIF District. 3.09. The City elects to make a qualifying local contribution in connection with the TIF District, and thus anticipates that the TIF District will be exempt from state aid loss, all in accordance with Minnesota Statutes, Section 273 1399, subd 6(d) . · · Section 4: Actions Ratified: Plans AdoDted; Certification~ Filinq 4.01. The City Council hereby ratifies all actions of the City's staff and the City's fiscal and legal consultants in preparing the Redevelopment Plan and the TIF Plan and arranging for their approval in accordance with the TIF Act. 4.02. The modified Redevelopment Plan and the TIF Plan are hereby approved and adopted. 4.03. The geographic boundaries of the Project and the TIF District are described in the Plans therefor, respectively, and are incorporated herein by reference. REGULAR COUNCIL MEETING MAY 27, 1997 PAGE 20 4.04. The Authority is authorized and directed to transmit a certified copy of this resolution together with a copy of the Project and TIF Plans to the Auditor of Anoka County with a request that the original tax capacity of the property within the TIP District be certified to the Authority pursuant to Section 469.177, subd. ! of the TIF Act, and to file a copy of the Project and TIF Plan with the Minnesota Commissioner of Revenue as required by the TIF Act. Approved by the City Council of the City of Columbia Heights this 27th day of May, 1997. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 11. ADJOURNMENT Motion by Ruettimann, second by Peterson to meeting at 8:35 p.m. Roll call: Ail ayes adjourn the Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER C 0 ~ S E ~1T APPROVAL NO: Fire ITEM: Establish Hearing Date BY: Charlie Kewatt ..~ BY: ~ ;'4'"~ License Revocation, Rental Properties OP' Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Robert Witt ...................... 4222 Monroe Str~t NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of June 23, t997 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the above-named Property Owners Regarding their Rental Property. COUNCIL ACTION: AGENDA SECTION: Consent NO. a./ ITEM: Permission to Block off Mill Street NO. East of City Hall CITY COUNCIL LETTER ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnsonc~~ DATE: May 23, 1997 v~,. I./ Meeting of: June 9, 1997 CITY MANAGER APPROVAL: BY: '~Ji:~ ~ DATE: On July 30, 1997, at 6:30 P.M., the Police Department will be holding a memorial for Officer Curt Ramsdell. Officer Ramsdell died in the line of duty on July 30, 1977, and this will mark the 20t~ anniversary of his death. The Police Department is requesting permission to block off Mill Street from 40t~ Avenue to just north of the fkst entrance of the Murzyn Hall parking lot from noon until 9:00 p.M. on July 30. We have notified all departments that this will affect. RECOMMENDED MOTION: Move to authorize the Police Department to close Mill Street N.E. from 40~ Avenue NE to just north of the Murzyn Hall parking lot from noon to 9:00 P.M. on July 30, 1997. TMJ:mld 97-200 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: CONSEt~T ORIGINATING DEPT.: CITY MANAGER NO: ~__ Planning & Zoning/.l\\~ APPROVAL Helena Dietz ~--~,~ BY: Tina Goodroad~ BY: ITEM: Lotsplit, NO: Case ~9706-16, 4652 N.E. 5th St. DATE: June 5, 1997-~ The Planning and Zoning Commission reviewed the request of Helena Dietz for a lotsplit of the property located at 4652 N.E. 5th Street legally described as the north half of Lot 2, Block 4, Columbia Heights Acres, Anoka CountY, Minnesota; subject to utility easement over the west 20 feet. The proposed lotsplit will divide a 129.05' x 68.47' portion of the existing lot leaving 144.05' x 69.47' for 4652 N.E. 5th Street. Mrs. Dietz is requesting the lotsplit to make the eas% portion viable for single family construction. The proposed new legal description would be as follows: Parcel A: The west half of the north half of Lot 2, Block Columbia Heights Acres, Anoka County, Minnesota. Parcel B: That part of the north half of Lot 2, Block Columbia Heights Acres, Anoka County, Minnesota, lying east of the west half of said north half of Lot 2. A survey is enclosed showing the proposed lotsplit line to create two legal and conforming lots. The new lot will measure 8,836 square feet while the existing home at 4652 N.E. 5th Street will have a lot size of 9,863 square feet. MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No~ 97-40 Being a Resolution approving a lotsplit at 4652 Fifth Street Northeast for property owned by Helen Dietz. COUNCIL ACTION: ccag0697.nol CITY OF COLUh~IA HEIGHTS A_pplication For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 1. Street Address of Subject Property: 2. Legal Description of Subject Property: Applicant: Name: /4~ X Fi~ ~ '$f' ~ ' ~--/- ]7-. Application Date: Fee: /O'"-OzC~ Date Paid~~-- Description of Request: ~ ~'~ %,P~'l '~ ZoninR: Applicable City Ordinance Number Present Zoning, Present Use Section Proposed Zoning, Proposed Use 7. Reason for Zequest: Exhibits Submitted (maps, diagrams, etc.)~~-~ Acknowledgment and SiRnature: The undersiTned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of ~innesota. Signature of Applicant: ~<-/~: ~' ~/ 'l-~J '~.~d?~_. Date: , . Taken I I j I RESOLUTION NO. 97 - 40 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Helen M. Dietz Hereby request a split of PIN 26 30 24 34 0078 Legally described as: North Half of Lot 2, Block 4, COLUMBIA HEIGHTS ACRES, Anoka County, Minnesota. Subject to utility easement over the west 20.00 feet. THE DESCRIPTION HENCEFORTH TO BE: A. The West Half of the North Half of Lot 2, Block 4, COLUMBIA HEIGHTS ACRES, Anoka County, Minnesota. B. That part of the North Half of Lot 2, Block 4, COLUMBIA HEIGHTS ACRES, Anoka County, Minnesota, lying East of the West Half of said North Half of Lot 2. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any tot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (I) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Recommend the approval of the lotsplit as proposed as a11 Zoning requirements will be met. This 3rddayof June ,1997. Offered by: Fow 1 e r Seconded by: Pau 1 son Roll Call: A11 Ayes ~onlng Office[ CITY COUNCIL ACTION: APPROVED This 9thdayof June Offered by: Peter son Seconded by: Jones Roll Call: A1 ] ayes .,19 97. Secretary to the Council FEE $150.00 DATE PAID Signature of Owner, Notarized 4652 5th Street, Columbia Heights Owner's Address Telephone No. (612) 572-1246 SUBSCRIBED AND SWORN TO BEFORE ME this, ,~day of ,,/¢!'~/ ,19¢'~. Notary Public NN ¢3t.t~SON~ , os~ph~Sturd~'vant, Mayor 5/12/97 RECEIPT No. 35525 CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA.pECTtON: CO~4SENT ORIGINATING DEPT.: CITY MANAGER NO: &~ Planning and Zoning,~/J/ti APPROVAL ITEM: Conditional Use Permit, Bascali's BY: Tina Goodroad/~/ BY: NO: Case ~9706-17, 5060 Central Avenue DATE: June 5, 199~~ The Planning and Zoning Commission reviewed the request of Mr. Glen Young for a Conditional Use Permit for an 84 seat pizza/pasta restaurant at 5060 Central Avenue. This new restaurant will be named Bascali's and will be utilizing the existing former Godfather's Pizza restaurant and much of the equipment and dining room facilities that were left on site. Section 9.113(2) {h) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for the operation of a restaurant, cafe, tea room, bar and prepared food outlets subject to Section 9.116(15). The company plans on applying for a license to serve 3.2 beer and wine. A site plan of the interior and exterior has been submitted. The kitchen area and dining room will remain unchanged. A few new installations will be made such as the installation of a soda and coffee station and the brick oven for baking. The interior layout of the dining room will remain the same with a total of 84 seats. Section 9.116(4) (u) of the Parking Ordinance requires at least one (1) space for each three (3) seats based on capacity design. The exterior site plan shows 45 parking spaces. Based on the 84 seat plan, 28 parking spaces will be required. Thus, more than ample parking will be provided. Two handicap parking stalls with an eight (8) foot aisle in the middle will be required. The parking lot must be entirely striped. A new fence and dumpster enclosure will be constructed at the rear of the site to fulfill screening requirements. No drive-up window will be utilized. No night time deliveries are planned for the operation and the owner plans to close the restaurant at 11:00 p.m. nightly. Once this Conditional Use Permit is approved, the owner will be submitting all required applications and documentation for the beer and wine licenses. RECOMMENDED MOTION: Move to approve the Conditional Use Permit to operate the proposed Bascali's Restaurant at 5060 Central Avenue provided the required final inspections are conducted by the Anoka County Health Department, the City Building and Fire Inspectors and the appropriate licenses are obtained by the applicant for the operation, and that deliveries are made to the restaurant during normal business hours between 8:00 a.m. and 8:00 p.m. COUNCIL ACTION: ccag0697.no2 CITY OF C~LUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Legal Description of Subject Property: Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use 7. Reason for Request: Exhibits Submitted (maps, diagrams, etc.) Penalties of law, for the p~ose of in g the ~ity of Columbia Heights to take the action herein requested, t~ all %tatements her~ are true and that all work herein mentioned will he done in~c~o~rdan~e with/the O/F~fnances of the City of Columbia Heights and ~he la,s o~ the State/? ~=,~so,a../ //" _ ~ Taken I:~$C~IPTION Aa~-QUI[B~IENT M.~ R~ ~SCRtP~ON OF EG. I ~ND SINK ~ ~ ~4 I SING~ ~T~ ~ ~1~ I ~ i4 4 ~lJ ~B UNITI F~ CO0~lt J4 I ~J ~ , ~ct o,. 15 ~2Como Ave. I' ' cus~ po , .,o. lit 2 ~ J si t ~ ~ , J 4 ~ ~ ~EG~PTAC~ j~i 2 JuN I l0 I ~[ lin J t3 I J~f~' ItA~ll JtJJ~ KICKP~TJ J~l' ~'"4 J lO I ~'J 4~ 4 ~T~TI~ KIT II f INTE~IO~ O~CO~ CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA. ~ECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: &~ Planning and Zoninh APPROVAL ITEM: Conditional Use Pmt., H. Fortier BY: Tina Goodroa BY: NO: Case #9706-18, 4450 Stinson Blvd. DATE June 5, 1997'~ The Planning and Zoning Commission reviewed the request of Mr. Howard Fortier for a Conditional Use Permit to allow the construction of a 14' x 14' utility building in the rear yard of 4450 Stinson Boulevard. Section 9.105(5) (g) of the Zoning Ordinance requires a Conditional Use Permit for an accessory structure that is 120 square feet or more. The applicant has submitted a site plan which shows the placement of the building on the lot. The proposed utility building will be located approximately 58 feet behind the house and six (6) feet from the north side yard. Mr. Fortier will be using the building for storage. RECOMMENDED MOTION: Move to approve the request for a Conditional Use Permit to allow the construction of a 14'x14' utility building in the rear yard of 4450 Stinson Boulevard as it is in conformance with the Zoning Ordinance. COUNCIL ACTION: ccag0697.no3 CITY OF COLUMBIA NEIGHT$ Application For: Rezoning Variance Privacy Fence Conditional Use Permit -~ Subdivision Approval Site Plan Approval Other Fee: /~R,~ Date Paid ~eeeipt ~ ~~ Street Address of Subject Property: 2. Legal Description of Subject Property: Applicant: Name: ~'~ Address: Phone: Description of Request: Owner: Name: Address: Phone: Zoning: Applicable City Ordinance Number Present Zoning Present Use Reason for Request: ..~ ..~j~2~/~'.~ Section Proposed Zoning1 Proposed Use Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. ~-./~//~ Taken By ROY C. CARLSON, PRES. 10~00SHERIDAN AVE. SO. 881-~870 $5431 Survey for; '..','at ter Xrischuk CERTIFICA OF SURVE LAND SURVEYORS Licensed, Insured & Bonded WILLIAM A. CARLSON, V.P. 2324 W. 110TH ST. 886-20~4 I~X 55431 C ---- /'.'.7 -- 135.0 -- Lot tS, 5took 1, ?,:~]ton's ~unny A-res, exce?t the E~t t35.0 V~e h-~rebv certify t~,~t this is a true and corr3ct rerresent:t'._on o~ ,~ surveV of ~o bo~nd~r~es ~f the 19nd ebo~e ~escribed -~d of %he !~c~tion of ~!~ buildings, ~i' ~er~cn, .rd al! visible encroachments, if any, from or on said land. As surveyed by us this 22nd. d~y of February, 1969. ~/':~<~ . _ ~ ,,.', , CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: . NO: ~ C0~S~ ORIGINATING DEPT, ~..%~ CITY MANAGER Planning and Zoni APPROVAL ITEH: Spec. Purpose Pence, Harry Klever BY: Tina Goodroa~) BY: NO: Case ~9706-t9, 3865 Polk Street DATE June 5, 19~/ The Planning and Zoning Commission reviewed the request of Mr. Harry Klever for permission to install an eight (8) foot high solid wood privacy fence along the north side of the property located at 3865 Polk Street. The fence will begin at the rear corner of the house and connect to the garage. Planning and Zoning Commission approval is required for all privacy fences that deter from general requirements. Most fences for residential properties are not approved for over seven (7) feet in height. The property owner is requesting the higher fence due to a unique situation at the property. The adjacent property to the north is three feet higher, thus, in order to obtain privacy, the applicant would like to construct the fence eight (8) feet in height. The proposed fence will also be constructed against cement bricks on the property line to reinforce against damage to the retaining wall on the 3867 Polk Street property. The owners have received consent for this proposed fence from the adjacent owner at 3867 Polk Street. RECOMMENDED MOTION: Move to approve the request for an eight (8) foot high special purpose privacy fence due to the unique topography of the lot as requested provided the property irons have been located and the required permit is obtained prior to fence installation. COUNCIL ACTION: ccag0697.no4 CITY OF COLUMBIA Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 2. Legal Description of Subject Property: 4. Owner: Name: Address: Phone: Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use 7. Reason for Request: Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in acc~o~dance with the Ordinances of the City of Columbia Heights and the laws of the State of<~innesota. ~..:"7/ // · Signature of Applicant:. D,te: Q,~6(/~/ · Taken By:_~ City of Columbia Heights ~-~--72~2 ~ 2 8 1 7 .JOB SITE ADDRESS: APPLICATION FENCE PERMIT STATE: NAME OF TENANT/OCCUPANT (if different from above): ADDRESS: DATE: PHONE # 7~//- L//~ ~,/ Phone # CONTRACTOR: ADDRESS: CITY: State: Phone: ls Contractor Licensed by: Co]. Hgts. or State of MN. -- (chain ]ink, picket, a]ternatin9 board, etc) License # Height of Fence:.,r~ Valuation of Job or Bid Price: $ INSTALLER OF FENCE REQUIRED TO LOCATED CORNER PROPERTY IRONS PRIOR TO FENCE INSTALLATION. I, the undersigned, have received a copy of the Fence Ordinance and am responsible for the installation of fencing meeting those requirements. Pe tm it App roved: AP PL 1 CA NT Sl GNATURE :////~-~'~~'C ~ Permit Denied: -- ~/ ~ // '" ~ate: BUILDIN~ INSPECTOR: Minimum Permit Fee: $25.00 o~I'~'±CA~E GF FENCE CONS[NT iff:~ ¥'[V l(/g~/?: request your written consent to construct (applicant's na~) (2ype 'of fence, material and make-up finish) (height of fence) upon ~y proPerty at ~ ([ ~~ ~ ~ ~ ~ ~ ' ~ I ~ ~ ~ ~ ~ $The fence will be situated (~pplic~nt' s address) (distance) in from nv property line. A true and accurate sketch of the location of the fence on the ..applicant's property. (Be accurate in your measurements; it will avoid later misunderstandings and . T- :N: :/:_:. -Fi/u:, Acknowledgement and Sisnatures. 5he undersigned fully understands the request herein mentioned and ~s (to consent to its height, type and location. ~ Signature ; Address ~ignatur~ ~ Address Signature ; Address CITY COUNCIL LETTER Meeting of: June 9~ 1997 AGENDA p~CTiON: ORIGINATING DEPT.: CITY MANAGER NO: ~ C0~4SENT Planning and Zoning~/,~\\ APPROVAL ITEM: Spec. Purpose Fence, Laura Mannino BY: Tina Goodroadt~j BY: NO: Case ~9706-20, 1202 N.E. 40th Ave. DATE: June 5, 1997~-' The Planning and Zoning Commission reviewed the request of Ms. Laura Mannino permission to install a six (6) foot high solid wood special purpose privacy fence from the northwest corner of the house to the west property line and along that line to the southwest corner of the lot at 1202 N.E. 40th Avenue. Planning and Zoning Commission approval is required for all fences which lie in the front and/or to the side of any house and exceed 42 inches in height. The signatures of consent have been received from the owner of 1134 N.E. 40th Avenue. RECOMMENDED MOTION: Move to approve the request for a six (6) foot high special purpose privacy fence as requested provided the required property irons have been located and the required permit is obtained prior to fence installation. COUNCIL ACTION: ccag0697.no5 CITY OF COLUMBIA NEIGNTE Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Ca,e No: ~7~-JO · Fee:~h~O0 Date Paid 1. Street Address of Subject Property: - ,.j 2. Legal Description of Subject Property: Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use Reason for Request: Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and SiKnature: The unders£Ened hereby represents upon all of the penalties of law, for the purpose of inducinE the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights ,ha ~h, ~aws o~ the State<.~-~e,~W~C .... ----~-.~ /~ ~---_ 'i q_ .. .q_..) · Taken B CITY COUNCIL LETTER Meeting of: June 9, 1997 ORIGINATING DEPT.: CITY MANAGER AGENDA T!ON: CONSENT APPROVAL NO: Planning and Zoning~_~ ITEM: Conditional Use Permit, First BY: Tina Goodroa~/~ ) BY: Community Credit Union NO: Case ~9706-21, 843 N.E. 40th Ave. DATE: June 5, 1995 The Planning and Zoning Commission reviewed the request of Mr. Rick Lange, President of First Community Credit Union, for a Conditional Use Permit to allow construction of a 25' x 14' accessory structure at the rear of the parking lot at 843 N.E. 40th Avenue. Section 9.112(2) (a) of the Zoning Ordinance requires a Conditional Use Permit for construction of an accessory structure. A site plan and drawing of the proposed building has been submitted. The utility building is planned to be used to store equipment for lawn service, etc, plus an area to be used for a dumpster enclosure. The building will be situated at the rear of the lot and will utilize three parking spaces. In preparing the report, Staff discovered the property addressed 4012 Van Buren Street, between the four black circles on the site plan where the proposed building is to be located, is owned by First Community Credit Union. The remaining property, addressed as 843 N.E. 40th Avenue, is owned by a company named 843 Properties. First Community Credit Union leases space from them. This creates an interesting situation as the property proposed for the accessory structure is not currently combined with 843 N.E. 40th Avenue as part of ~he parcel. An accessory structure normally is considered a "building or structure or portion of a structure subordinate to and serving the principal structure on the same lot." Therefore, a special contingency will have to be considered in order to approve this request. Staff did discuss the situation with Mr. Lange and discovered that they do lease the building at 843 N.E. 40th Avenue and have attempted to purchase it a couple of times. Currently, they are under a three year lease with an option to buy. A portion of their lease is attached for review. Mr. Lange has also assured me that the Credit Union Board intends to purchase the building. With this in mind, the Planning and Zoning Commission could consider approval based on the fact that the structure and supplies stored in it will be used to maintain both properties and that the use of this small parcel could be considered subordinate to 843 N.E. 40th Avenue. A stipulation requiring removal of the accessory structure if First Community Credit Union ever moved from 843 N.E. 40th Avenue could also be added. In addition, requiring combination of 4012 Van Buren Street with 843 N.E. 40th Avenue once the purchase is made. Regarding the accessory structure itself, the City Engineer, Mark Winson, suggested some minimum curbing, landscape area behind the proposed building and steel posts at each front corner to protect the structure. These recommendations have been indicated on the site plan. If the Planning and Zoning Commission desires, additional curbing could be added with driveway openings for the dumpsters and garage door around the sides and front. This would provide added protection and improve the appearance. Fifteen parking stalls are required for this use and twenty are indicated on the site plan with the accessory structure eliminating only three spaces. Thus, adequate parking will be maintained. RECOMMENDED MOTION: Move to approve the Conditional Use Permit to construct a 25' x t4' accessory structure at 843 N.E. 40th Avenue based on the following conditions: 1. If First Community Credit Union vacates the building at 843 N.E. 40th Avenue the utility building must be removed. 2. Once purchase of 843 N.E. 40th Avenue is complete, the First Community Credit Union must combine the two parcels. COUNCIL ACTION: ccag0697.no6 CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 2. Legal Description of Subject Property: 4. Owner: Name: Address: Phone: Description of Request: ZoninK: Applicable City Ordinance Number Present ZoninE Present Use Section Proposed Zonin Proposed Use ~Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The unders£Ened hereby =epresents upon all'°f the penalties of law, for the purpose of inducinE the City of Columbia Heights t° take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with~e and the laws of the Signature of Applicant:/7 Ordinances of the City of Columbia Heights Taken t44 V SECTION 3 DEFINITIONS C 9.103 (2) 9.103 (3) 9. 103 (4) 9.103 (5) 9.103 (6) 9.103 (7) 9.103 9.103 (9) 9.103 (10) ~.103 (11) 9.103 (12) 9.!03 (13) 9.103 (14) The following words, and terms, whenever they occur in this Ordinance, are defined as follows: Accessory Building or Structure: A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot. Accessory Use: A use which is reasonably necessary and incidental to the conduct of the primary use of the main building or buildings. Alley: A public right-of-way which affords a secondary means of access to abutting property. Auto Reduction Yard: A lot or yard where one (1) or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. Auto and Truck Sales Lot: Buildings and premises for automobile/truck sales and show rooms with incidental and accessory sales and service facilities also permitted but not required. Bay: Cantilevered portion of a building. Basement: A portion of a building located partly underground, but having less than half its floor-to-ceiling height below the average grade of the adjoining ground. Boardinghouse: A building other than a motel or hotel where, for compensa- tion and by pre-arranagement for definite periods, meals and/or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons. Building: Any structure having a roof which may provide shelter or en- closure of persons, animals or chattel. Building Height: A distance to be measured from the mean curb level along the front lot tine or from the mean ground level for all of that portion of the structure having frontage on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. Carport: An automobile shelter having one or more sides open. Cellar: That portion of the building having more than one-half (1/2) of the floor-to-ceiling heights below the average grade of the adjoining ground. Church: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. Conditional Use: See Section 9.105 (5). 282 05-28-1997 ll:02AM ~985Z0~2 P. 02 FI~$~ AMEI~DMEI~ TO LEASE o~ March }~, ~995 and is ~t~e~ 843 Property, a ~nnesoca ~ne~al partnership :("~ssor" . and;F~rst Co~u~y Credit Un, on, a M~nnesota COrpOration (formerly Col~a Height~ =o~i~y CreW&= Union) ~CIT~S A. {AS Of October 1, 1984 ~ssor and Lessee entered into a Lea~e ;("~a~e") ;date00cto~r 1, 1984 r~lating to ~e property located at 843-~0th ~Avenue NortheaSt. Col~ia Heights, Mi~esota 55421, which property is legall~ ~descri~d ~as ~ts 13 ~rough ~7, inclusive, B~ock ~0, Col~ta Height~ ~nex, '.~oka cowry, Mi~esota ("Leas~ Property"). B. The ~s~or and ~ssee desire to e~tend amd ~emd ~e Lease u~n ~terms and ~cond~t~ous set forth in this ~en~ent. ~ N~ ~EREFORE, Lessor ~ Lessee, in consideration of ~e ~ov~ ~d .terms ~d ~cond~tions of this ~en~ent, agree a~ follows: ~ 1. ~Article II, Term is ~euded to provide ~at the lea~e t~rm ~extended ~or a period of ten years co~encing March 1, ~995 a~d ~February ~8, 2~. Each lease year shall ~ for a successive period of twelve ~calendar ~n~s co~ncing March 1 each year ~d ending February 28~ of the ~followlng ~year. Z. ~Artic~e I~I, Rent, i~ ~euded =o provide ~at for the first ~ear~ of {the extended term co~enclng March 1, 1995 and continuing ~rough ~Febru~y ZS, 2000 ~e ammual mim~ rent ("Sass Rent") shall be $57,~00 per ~ear, pay~le St,BOO ~r month in a~vamce om the [ir~% ~ay o~ e~ch ~ ~v~ry mon~. For ~ second f~ve yearm of ~e extended te~ counting March ~00O and ~nding on February 28, 2005 th, Base Rent shall ~ $60,000 per year, ~ay~le $5,000 ~per ~nth in advice on the first day of each ~d every month. 3. ~Ar%~Ole ~II, Option To Purchase, is ~nded %0 delete the original ~Artlcle i~ its .entirety ~d insert in its place ~e following: / ~rovided ~ssee is ~ot i~ default ~der ~i~ Lea~e, ~ ~hal! have the option to ~urcha~e ~e ~ased Pro~rty om % ~Febr~ar~ 28, 2000, ~o long a~ ~ssee gives written notice ~.of exercise of ~u~ option to ~ssor on or ~ore ~ ',~, 1999. If such notice in writing is not given to / ~lapse. The purchase price shall ~ equ~l to $400,000 plus ~real :,~tat, t~es and ,peci~t as,es~ent, then a lien against the ~eased Property. ~Xf ~e optlon to purchase at ~e end of ~e first five ~ear~ ~s not exercised by Lessee, them ~ssee shall have a ~eco~d o~tiou t~ ~urchase ~e ~ased Premises at the end ~zeroises such second option, ~e purchase prlce shall ~ ~e then market value o~ the Leased Premises. Lessee ~d ~SSar shall a~t~p= to agree on a purchase price. TOTAL P.82 TO CITY COUNCIL JUNE 9, 1997 *Signed Waiver Form Accompanied ApplicatWn 1997 BUSINESS LICENSE AGENDA APPROVED BY CLUB ON SALE BEER/SINGLE EVENT LICENSED AT FEE POLICE DEPT. *Columbia Heights Lions Club Steven J. Knoll (SEE ATTACHED REQUEST) Huset Park for Jamboree June 25-29, 1997 F~QUEST FEES WAIVED CARNIVAL POLICE DEPT. *Family Fun Shows Gregory S. Hughes Huset Park for Jamboree June 25-29, 1997 CIGARETTE SALES SAFETY AND HEALTH *BW-3 Restaurant 4811 Central Avenue over the counter sales 30.00 CONTRACTORS BUILDING OFFICIAL *Asphalt & Concrete Buy Knox *Dependable Plumbing *Don's Service of Golden Valley *Hager Mechanical, Inc. *K's Mechanical *Katmes Mechanical *A LaPointe Sign, Inc. LeRoy Signs, Inc. *Nardini Fire Equipment *Northwestern Service, Inc. *Larry Olson Plumbing *P&D Mechanical Cont. *Peterson Stucco Co. *Piperight Plumbing *Plumbing Servie Ctr. *Riccar Corporation *Rico's General Const. K.A. Stark Co., Inc. *Universal Signs, Inc. *Vogt Heating and Air 2828 Anthony Ln. S. 4367 Webber Pky. 1800 Hampshire Lane 1095 County Rd. H2 20880 Nowthen Blvd. 15440 Silverod St. N.W. 6600 Oxford St. 6325 Welcome Ave. N. 405 Cry. Rd. E. West 791 Hampden Ave. 3232 Warner Lane 4629 - 41st Ave. N. 12351 Cloud Dr. 4029 Penrod Lane 2201 - 107th Lane 2387 - 136th Ave. N.W. 5541 - 5th St. N.E. 401 1st Street S.W. 1033 Thomas Avenue 3260 Gorham Avenue 40.O0 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 4O00 40.00 40.00 40.00 40.00 40.00 40.00 40.0O 40.00 40.00 Page 2, License Agenda APPROVED BY POLICE DEPT. SOLICITOR/PEDDLER *Gerald Johnson 1298 N.E. 52nd Avenue, Fridley **PLEASE SEE ATTACHED LETTER REQUESTING *Erik Robert Johnson 1298 N.E. 52nd Avenue, Fridley *Justin R. Truckenbrod 1300 N.E. 52nd Ave., Fridley ADDRESS/LOCATION along Parade route 6/27/97 Huset Park before fireworks 6/28/97 SPECIAL FEES** along Parade route 6/27/97 Huset Park before fireworks 6/28/97 along Parade route 6/27/97 Huset Park before fireworks 6128197 FEES 50.00 POLICE DEPT. TAXICAB DRIVER *Gregory Ulrich Emond 644 Van Buren St. N.E. 20.00 PUBLIC WORKS DIRECTOR TREE SERVICES *Crystal Tree Service 5301 Xenia Ave. N. 50.00 lice'nse.ag HEIGHTS LIONS CLUB COLUMBIA HEIGHTS, ~ 55421 ~a~ 14,1997 Mayor and City Council: The Columbia Heights Lions Club would like to request a waiver of any fees for the upcoming Columbia Heights Lions Jamboree on June 25th to June 29th, 1997. ~ Sean T ~Clerkin, Pres ~ We Serve ~ Printed on Recycled Paper JERRY JOHNSON MATT MILNER SALES 1298 52ND AVENUE N.E. FRIDLEY, MINNESOTA 55421 May 20, 1997 City Council City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Dear City Council Members: I respectfully request authorization to sell novelties at the Columbia Heights Jamboree Parade and Firework's Display June 27th and 28th. For the Jamboree Parade my intention is to sell toys and balloons along the parade route the evening of June 27, 1997. We usually use 2 or 3 grocery carts for this purpose. We will only be selling 1 hour before the parade and until the parade is completed, a total of 2 to 3 hours. For the June 28th Firework Display I request permission to sell novelties, such as Glow Necklaces and Silly String, starting a couple of hours before the firework display. I am a active Columbia Heights Lion's member and participation in many community functions. I would appreciate special consideration on a blanket permit, totaling $50.00; to cover the 2 or 3 selling units at the Jamboree Parade and consent to sell novelties at the Firework Display. A $100.00 permit for each unit would cost me $200 or $300 and would be prohibitive, because of the cost and nature of the business, i.e. weather conditions, etc. Thank you for any consideration you can give me in this matter. Sincerely, Jerry Johnson · Matt Milner Sales q,qll BRC F:' :E NANC ]: AL SYSTEM 06/05/97 .1.6: 5.1. ,',' .1.8 Check History F:'Ut'.-ID RE:CAF:': D Z S B I...1R S E M E N T S 10 ], 20 .1. 203 204 205 212 213 225 240 250 270 274 2 ? 6 402 4©6 4],5 601 602 603 6()9 70 :[ 72 C, 8',~0 884 G ~.::. N E: R A L COMMUN]:]"Y DEVF.'::L. OF:'MENT FLII"-ID P.AF;tKV]:EW V]:L. LA tqORTH ECONOM Z C DEVE:LX]F'PII.']]'.IT' ALIT'H SECTtON 8 F:'.AF~KV]:,r'.']f,,J V]:I...LA .'.'-~i;OL.!'T'I-.I ,..,~..,BLI::. T]E]_FZV .'t: S ]: ON L. :t: BR,.'t'.,F;: y CO1._ FtG1.-IT~ AF:TEF;,' SCHOOL. Eh. IF;.'.]: DARE COF'S GF;..'AN T .... (.]VEF'~ T IT ME L. OC:AL. L. AW E!',IF'OF~CE BL.K GF;,'ANT STATE A ]:D C:ONSTF;.~Lff.]T']:ON ME:.~)'TF;:ON ]: C DF.:VE'LOF'MENT CAF:' ]: T'AL WATE:I:R R'It":F'USE: fi:'L.tN.'O L.]:QUOR C:ENTF;tAL ti!]'-fE FitG Y MAi',iAGiE:MIEI',iT DATA F'I:~CIC:Et,SS]:NG F'lii]:;.fl"l Z T' C 0 f,l ]" F',.t ]: N S l..J i:;.! A N C E:,fi; C:R (:)W F'L.Ii!:X BEI,it~]::T.T 'TF;,'U~'T F:'UtqD FUNDS :.3 :, ()2:.3 ,, 66 96 ,, O0 ]., .1. 86 ,, 77 .I. 5,65:1. ,, 44 5,473 ,, 98 4::? ,, 00 5 :, .,.; .. ,.d, 390 ,, ':,;'4 I, 586 ,, 16 73 ,, 49 ~, 513.89 2:,956,, i2 466 ,, 72 105 ,, 00 di, .1. ,4:[4,45 2,154,, 79 ,...:: ..... '.? ...:) 2].8,366 ,, 99 2 :, 425 ,, 69 2,629,98 53':~" ,, 6'2' 50.00 59 :: 978 ,, 7':?- :!. 9 :I. :, 845 ~ 25 5 :; 648.00 633 :, 896 .. (:)6 BAN 1,': Rtii:CAF:' ,: BPdql( NAME BANI( C.:HECI<:[ NG ACCOUNT 'TOTAL AI...L ['.'~Al'-lf(:i~; I) ! SBURSE]'iI.-T. FITS 635 :, 896 ,, 06 633 .,, 896 ,, 06 06/05?97 16 ~ 5 Check; Histor'? 6,,"9/97 Z";O NC'IL, !...]]ST BREAKDOWN BAN K VF.:ZhII) OR CHI::-.C K NUMBER BAN!< L..HI::.Ck.~IqG ACCOLJlqT P 11',thtACI... :E D t STR (iiUAL. ITY W]ZlYt-Z ,.~. SI::'ZR]]TS WORLI) (]:LASS W]TNE A [[ R '~ ~ , .......... OI..K.,t~ r~F't I UI...AR ANOI(A COUhtTY RETCOF<DEI~ BELt...BOY BAR SUF:'F:'I...Y B IE L t... B 0 Y C 0 i:~ F'O R A T I 0 I,t Bt~]F;:GI::'ORID 'FRI. JC K I l'qG COI...UlflB];A HEiGI-tTS ][ )')!Et_E;(;(~A!:~D'TOOL CO,, tEA(31...E W];t,IIE C:OMF'ANY IEL. L I S/i::'AUI...ET TIE F'(]CUS NEb. ISF'AI:'IEfi:S GARI~]...tCI< STEEl... CO GE]',IVZNE F:'ARTS/N~F'A AUTO i](i(30D ][I,1 C;O. GRt(TJGS--.C:(]OF'i~JR & CO ,.]iOHt',tSOI',I BF;:~S,, {...]iQLIOI~ CO, JOl-'lhtSOhl F:'APtER & SL.IF'F'I...Y C KR'.AUS-ANDiERSOhl M IT N T E I:~'. -- W IE ]~ S M A N Mtq POL. ,~ PEACE[ OF:'F];CIER A M 0 E L. L E R / i< A !:;:IE t'q S F' PARTS PLUS F'AUST ZS & F'IE'T'TY CASH - GARY BRAATE i::'ET'['Y CASH- JANTCE MCGH I::'IETTY CAE;H .... JOAI',INE BAKE PETT'Y CASH - JUI...]]E DE]-fME F'H]]t...LIPS WIhlE E~: SPIRTS I~' Z NNACt...E D!STR POSTAGE BY F'HONtE SYSTEM PR]]OR WINE QUAL.]]TY WINE & SF'IRZTS ROWEKAMP ASSOCIATES ROYAL CONCRETE PIPE ihlC S'rAf:~ TR ]TBLthltE WE;ST WEL.D W IT Iq S 0 N/M A R K AI',IOt<A COUNTY SOC]iAL SERV BEC lflER COUiqTY CH It...D SUF'F' F];R~E;T COMMUN]TTY CREDIT 1_.1 (:)i:qEAT WIEST L, tF'E & AlYhiUIT GROSS L. AW F];RM/LORESN 654'7~2 65423 65424 65430 6543,1. 6543 65433 65434 65435 65436 65437 65438 6547:~9 65440 65441 65442 65443 65444 65445 65446 ,'.:~ 5448 65449 65450 65451 65452 65454 65455 65456 65457 65458 65459 65460 6546;[ 65462 65463 65464 65465 6!5466 65468 65470 65471 65472 6547~ CITY OF' 2-]I.._]IWE~.T.~ IWE;[(31.-t'T',C; r-il 540R-V(~,.~,,O(', ~:* AI~IOUhlT .1. 89.70 5 :, 57::~ ,, 80 ,1." 9 00 ' '= 60 20 ,, 50 23,3,, 43 573 ,, 60 4,363 ,, 16 F,~''' 43 .... ~ 07 200 ,, 00 i, 882 ,, 50 22 ,, 3 5 t 9~ ,, 09 407 ,, 56 9,98C, ,, ,1. ? 4 94 ,, 05 2,9 7 ? ,, 9 5 6,106 ,, 60 70 ,, 00 2': 5. ]. 9 2,980 ,, 76 t 08.00 82 ,, 00 9:'5.55 71.tl 12. t t0,, 96 85 ,, '7O 6,000 ,, 00 3,669 ,, 9 ]. I 788.77 50 ,, 00 59., 86 33 ]. ,. 33 ~ ~'""' 20 65, ()0 J~; 3 ,, 2 t ,1., ~ :t, 5 ,, O0 4,2: ]. 8 ,, 50 .[ ,:...) ,, 00 BRC Fr ]i~ NANC.'i] AL 06/05/97 ! 6: 5 Check History 6/9/97 CCIUNC]]i,., i...];ST BREAI(D(i)WN B A N K 'd E hi t) 0 R CHF2C. I< I-,IUMBEI7 BANI< CI..tt~;CI<];NG AC;COUNT C': E l'q - A - V A CIElq'TI.TAI_ LOCI( & SAFE". CZTY OF:' '.:'?i' F'AL.IL_ C Z TY W ]] I)E LOC;I(SM.T TH ! NG :.]:t...['~V!!i]._At'ql) CE.tTTC.~N F:'FtODUCT CCiCA-C:OI...A BOT"TI_ZNG MtDWE C;Cq'dMLti',I ]1] TYF:'ARThli.:.]:;:S C;CiMF' L,1SA ZNC ....... 1,~ L, Tt::.F~ C:TM "~' COt~F'LFTI_EF~ ~.) C !-tE]Y C:CiMF'ANY Z:, ~)' ' ~ ,~;IUN ]] C; Z F:'AL. SLIPF:'L ~ IES )])AVl]lES WAT'IER EQU DtZI_t...'-'C:OMM I NC:ORF'Cd:~:ATIiiLT) i)tEMCO i) i A!'qCIt'qt') VOGFZi... F:'A ;i: NTS ):)UC) C.:HI.:.:M E(AGI... !E D W .A 1'7 D S / At_.t:T.X Atq DI.:.']R C IEt::'A F'!7 C)N T 1.. ]: lq E F:'t...U $ F'L.ttEL. 0!I... ~ ,:.I~.L (:; :I: t..t..UND iF.]N'T'tli:F;,'F'R ]: SES (3C!V[i:F,'hlME:NT t::' I t',IAi',ICE OF'F' ! C C:iFi'tEATI.~];,' ANOI(A CNTY, HUMAN H T .TE:,I)E:hl F:F.i:hiC:E C)F:' M I NNiESOT H :I:i...L. TC)F:' TF,'A ];i...iEIR '..:.'~At...!i~:S l N I-I(:)MEi: i)EiiPOT HOOVIEI7 WI-IEE]_ Al... I GI,IMIr.".:I',IT i"IOWIZ C:O,, ]: CMA t') :I: .S't"Ft T. BUT ]: Ol',l CEZN TI:ZR ]: I',IST¥ F'F;,' ]: N'TS ]:F'C: F'R ItqTT. NG ,.."iA C t(Y/C H A Fk:L.E S L.. JOtE SCt-.IMtTZ BOO K MART KIElqtqEDY & GRAVIEN I<IZRF;.'. TF;~A?,ISF'ORT'AT T. ON SI.ERV K .T. K]:F'F:' BF~:O'i"Hlii]TS :!:NC:: KOWAL./'M~F;.'. t~ A I<UETHE:R !)iST. C:C)~ KUS'¥OM SIGNAL.S i...OWRY CF:.:lq'¥F(flL. L.¥htDE C:OMF:'ANY 65523 65524 ,65526 6552? 65528 6552? 65530 65532 65533 65534 65535 655:38 65540 6554 65542 65543 65544 65545 65547 65548 65550 65551 65553 65554 65555 65556 65558 4~5560 6556;I. 65562 65563 65564 65565 65566 65568 C.'[TY (:.il: CCfl..].JMB]:fi HI~:i(~I..iTS GL. 540R-V05,,00 F'AG!:Z 4 AMOL.~NT 12. ,, 78 50 ,, O0 85 ,, 00 69,76 ~.:': :I. :I. ,, .39 :t. ,, 60 4<)? ,. 54 2,3:t. 6.3~ 185 ,, 99 ,, O0 261., 24 80? ,, ! 0 767 ,, 59 2.!12.00 47 ,, 9t 50.03 94. ,, ~9 86 ,, 80 685 ,, 00 ~: ~, 2:43 ,, 77 T:$64 ,, O0 f34, :39 30 ,, 00 678 ,, :;:;4 ,, 95 J. ~, 553 ,, 25 51 ,,47 77 ,, 22 2,095. O0 ;L61~ ,, 59 92.56 870.77 58 ,, O0 f~'7 ,, 40 :517 ,, 50 32~,861.23 372,,75 202 ,, 53 54 ,, 58 444 ,, BRC i::'INANC~.]IAL SYSTEM 06/05/9? 16:5 Check History 6/c~'/97 COUNCIL LIST BREAKDOWN )B A f,I K V E N 1) C)R BANI( CH~i~CK]]qG ACCOUNT 656].7 65618 65619 65620 CITY OF COt..,UMBIA i-it-?]:GHTS (SE ,540F:~'-VO 5 ,, O0 F"AGIE 6 AMOL.IN'T 27.97 ~ 0 ,, 7 ? Z~4 :I.. :2?,5 77:;.49 633,896 ,, 06 *** CITY OF COLUMBI~ HEIGHTS Meeting of: June 9, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO:-~I~ CONSENT Community Developmen%~% ,~ .... APPROVAL ITEM: DEVELOPMENT DEPARTMENT BY: Ken Anderson BY: HIRING RECOMMENDATIONS.; DATE: June 6, 1997 NO:~-- ~ ~ /~ The Community Development Department has been evaluating its staffing needs since !ate 1996. This has become an immediate issue since, effective June 20, 1997, the Section 8 Program will have no staff assigned to provide services to the Section $ Program. Currently this will impact the 50 Section 8 participants holding Certificates and Vouchers as part of the local Columbia Heights EDA program as well as the approximately 130 participants with Certificates and Vouchers being administered by our staff on behalf of the Metro HRA in accordance with our contract. The short term solution will be to hire qualified temporary staff assistance under the general direction and guidance of the Deputy Executive Director and the outgoing Housing Coordinator. A temporary staff person with Section 8 experience started full-time on June 5~ 1997 serving in the capacity of Occupancy Specialist. The long term solution and options were discussed with the Columbia Heights Economic Development Authority (EDA) on June 4, 1997. To meet the staffing needs with the Section 8 Program, staff proposed the addition of one half-time Family Self-Sufficiency Coordinator position, change from a half-time Occupancy Specialist to a full-time Occupancy Specialist, and posting and advertising these positions and the vacant Housing Coordinator position. Furthermore, the level of services to be provided in the Department are to be expanded. Discussion at the meeting included what the program meant both from a financial perspective and the improved service to the community. The importance of local control was discussed and it was determined that a local program is able to respond to the needs of both the property owners and the tenants quicker than a large and physically distant agency can. The advantages of "porting-in" the Metro Certificates and Vouchers was discussed with the corresponding increase in Administrative fees being able to support the one additional full-time equivalent position. Staff recommended the creation of the additional staff position with the Local Section 8 Program "porting-in" the Metro Certificates and Vouchers thus increasing revenue. The current administrative revenue is set at $20.37 per participant, per month. By considering the Metro HRA participants as "port-ins" the revenue received is $39.58. The total revenue figure is estimated to be $61,744.80 which is an increase of $29,967.80. The EDA is recommending the City Council approve hiring an additional !.0 full-time equivalent (FTE) position. The additional .5 FTE position would establish a half-time FSS Coordinator to meet the federal requirements of an FSS Program. With a half-time person, between 13 - 25 participants should be serviced by this position. Furthermore, the existing vacant Occupancy Specialist position would be changed from half-time to serve as a full-time Occupancy Specialist. It is estimated that approximately 70% of this positions time would be devoted to Section 8 with the remaining 30% dedicated to administrative support related to preparation of payment vouchers, purchase requisitions, TIF report forms, miscellaneous clerical support, etc. The Housing Coordinator position would oversee both positions and the overall administration of the Section 8 Program at an estimate of 15% of his/her time. The remaining time would be dedicated to other job functions related to housing including CDBG and MHFA loans and grants, other MHFA loan programs, rental property management, implementation of the scattered site housing redevelopment TIF program, etc. The Economic Development Authority (EDA) would like to add the above positions to accomplish the tasks committed to the Columbia Heights Section 8 Program. Page I of 2 CITY OF COLUMBIA HEIGHTS Meeting of: June 9, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: COMMUNITY DEVELOPMENT DEPARTMENT BY: Ken Anderson BY: HIRING RECOMMENDATIONS DATE: June 6, 1997 NO: The further recommendation of the EDA was to hire a full-time Building Official and to revise the title of the Zoning/Grant Coordinator to Planner. The Building Official position has been filled on a contract basis since February of 1996 when the previous Building Official left employment with the City. The EDA also recommends the position oversee the maintenance of the City building facilities. Lastly, the EDA recommended a revision to the title of the Zoning/Grants Coordinator to Planner with no change in job duties and responsibilities. Attached to this Council letter are a draft copy of the EDA Special Meeting Minutes and a June 3, 1997 memorandum on Section 8 Department options and recommendation for staffing. RECOMMENDED MOTION: Move to direct and authorize staff to update job descriptions as appropriate, advertise for position vacancies of Housing Coordinator, full-time Occupancy Specialist, half-time Family Self-Sufficiency Coordinator, and Building Official listing the appropriate pay range for each position, and to change the title of Zoning/Grant Coordinator to Planner. Attachments: June 3, 1997 Memorandum Special EDA Meeting Minutes of 6/4/97 COUNCIL ACTION: \bt\council. Page 2 of 2 CITY' OF COLUMBIA HEIGHTS TO: Kenneth R. Anderson, Community Development Director FROM: DATE: RE: Jennifer Stoopes-Mokamba, Housing Coordinator May 30, t997 (~-~-c~ (~~' Report on Section 8 Program Options Attached is my report on the Administration Options for the Section 8 Program. As we had discussed previously, the Section 8 department does need additional assistance until the EDA Board makes a decision about the direction of the program. I am optimistic that the City wilt see the wisdom in hiring temporal/help until this time. tfyou have any questions please discuss them with me as soon as possible. Thank you! c: File INTRODUCTION When we look at our options on dealing with the Section 8 program, we must consider not only the financial implications, but also those of ~quality~. These intangibles often have a greater impact on our decisions than the financial implications. Service to our community and clients by local government is what reflects our pride in our dry. How we are perceived is often a reflection of how we see ourselves. SECTION 8 PRQGI::~AM ADMINISTRATION OPTIONS There are a number of ways we could handle the Seclion 8 program in Columbia Heights. Listed below are a series of options that have been considered by the Economic Development Authority (EDA) office. "Give back" the Section 8 program that we currently administer for Metro. This would mean that all the Certificates and Vouchers in Columbia Heights that are Metro related would be administered in St. Paul, while we continue to.administer our SO. "Give back' both the Metro program and our 50 to Metro to administer. This would mean that we would not have any contact with the Section 8 participants in Columbia Heights. All information would come from the Metro HRA. Continue administering for Metro atthe current rate ($20.37) and administer our Certificates and Vouchers separately. This could be done by either contracting with another agency to set up and run the Family Self Sufficiency (FSS) or increasing the hours for the Occupancy Specialist and having the City run its own program. Schedule the Metro Certificates and Vouchers to be 'ported in" and receive a higher administrative fee for these thus increasing our revenue. The financial reasons for this choice are listed later. This would mean that we would administer our 50 and the 120 to 140 that would be Certificate and Voucher holders in Columbia Heights. This is notthat strange to have a higher number of port-ins than those that have been awarded to an individual Housing Authority. Washington County currently has 25 of their own yet administer the program for over 250 Certificate and Voucher partidpants. Have a full time staff person to administer the FSS program. Port-in the Metro Certificates and Vouchers and begin a FSS program for those who have received assistance from us. This would be a part-time position that has slots for 25 FSS participants. This way we would be fulfilling our requirements for an FSS program while remaining financially responsible and would be in a healthier position to apply for additional funds in the future. : Option one and two take the approach that we would not 10e involved, or'only involved on a limited basis in the Section 8 program. The advantages would be that the department would not need the position of Occupancy Specialist and the Housing Coordinator Position vgould no longer be involved in the Section 8 prog~m. The Fire Department would not be required to conduct Section 8 inspections. The disadvantages would be that we would not receive the revenue that assists in funding the Housing Coordinator position. As a City we 2would not be providing the tevel of service that we would tike to provide, nor would we be able to have any control over the program as Metro would run it. We would have no input into inspections and there would not be the croSS-checking between the Building Inspections Department and the Section 8 Department. We would have no way to respond to complaints of fraud, except to refer the call to Metro HRA. Without a doubt it would also affect our standing with HUD, because the Annual Contribu"dons Contract(ACC) is a serious legal document which should not be taken in a light manner. Option three looks at maintainingthe status quo and conducting our Section 8 business as we have been doing in the last year, The advantage of this would be that it would not require the additional work in transferring the Participants from Metro to the status of Port-in's as in option four and five. It would mean continuing to operate our program at the current level of revenue and not gaining the financial benefrts of the portability feature. Since we are operating the program on our own now it would make sense that we would do the same amount of work for an increase in revenue. Option four discusses the financial advantages to receiving a higher Administrative fee by treating the Metro Certificates and Vouchers as port-ins. I have continued to address option four, and option five in greater detail below. The financial rewards of our Section 8 program can be seen in an examination of our program. From HUD we receive an Administrative fee of $497r7 per Certificate/Voucher per unit month. This totals $25,229.00 in Administrative revenue for our program in 1997. In addition to this the Metro HRA pays the Columbia Heights EDA for administering their Certificates & Vouchers at a rate of $20.37 per unit per month. The number of units vary from month to month, however we could say that an average would be 130 units. This would then total $31,777.00. Adding what we receive from HUD our revenue for 1997 for the Section 8 program would be $57,006.00 However, if we were to exit the contract with Metro and treat their Section 8 Certificates & Vouchers as portable-in, (as we would from any other client coming from another community) the Administrative fee increases in our favor. That is, we would receive the portability fee of $39.58 per unit per month (this is 80% of the administratix~ fee received by the original Housing Authority). If we used 130 as an average number of clients assisted, multiplied by the figure above, the total would be $61,744.80. This would bring our administrative revenue for t 997 ( and we can roughly figure, for 1998) to a total of $86,973.80. This is an increase of $29,967.80 over what we would receive if we continue with the contract with Metro HRA. When we look atthe increases in revenue we also need to address the increases in staff time. As far as paperwork is concerned, the Section 8 staffwould be less burdened in some areas rather than more so. This is because work that we currently do for Metro could be simplified. At the moment we manually do all the rent calcul~ons, assemble the fife and photocopy and send the original to Metro. Ewe were to treat the client as our own port-in, rent calculations would all be done on the computer, which would cut down on staff time. fnformation and verification forms, as well as most of the HUD paperwork, would be printed offthe computer as opposed to photocopying. And the process of copying the file and sending it anywhere would be eliminated. Our involvement would be increased in the areas of payment and billing. This would mean that the Finance Department would be involved in cutting more checks on a monthly basis (I 30 average plus our 50) as well as processing checks from other Housing Authorities. The billing would be sent from EDA staff as would the tracking of payments due. The Housing Coordinator would then be responsible for monitoring payments received from other Housing Authorities (HA's), as well as ensuring that payments are requested from the Finance Department in a timely fashion. The Fire Department is currently conducting the HQS annual inspections, while Section 8 staff conducts the new move-ins and complaint inspections. If we were to consider a full-time staff person for the Section 8 program it would be possible for that person to take on the inspections, with the Housing Coordinator conducting the 5% quality control inspections. This would relieve the Fire Department of the Section 8 Housing Quality Standards Inspections and the labor allocation charged to the Community Development Department from the Fire Department estimated to be $10, t 00.00. There are other reasons, equally as valid, for continuing with our Section 8 program. Highest among these reasons would have to be customer service. The service to both our clients and to the property owners of Columbia Heights is without a doubt improved with a local program. It makes sense that a local program can more closely monitor what is going on with a particular location or participant. An example of this could be seen in a recent situation with a Wisconsin resident who owns property in Columbia Heights. He and his tenant had requested a mutual termination for April 30, 1997. Our department requested this form from Metro and forwarded it to the property owner when we received it. W?ch a mutual termination both the owner and the tenant must sign and return the top sheet of the three page form to the Housing Authority. If either party does not sign, the mutual termination cannot go into effect. We never received this signed copy. Even though we never received this and Metro never received this, Metro stopped the payment effective April 30, 1997. The owner called very irate, wanting his payment,(rightly so) and an explanation as to how this could have happened. ~zvners and tenants often come to the point d wanting to part ways and then they make up and continue their "partnership", sometimes pastthat first year, sometimes choosing not to renew the lease. Other Housing Authorities do not stop the payment until they receive something in writing signed by both parties, tf this had been a Columbia Heights participant we would not have stopped the payment. And the owner would not need to call and let us know how he is not going to rent to Section 8 ever again. This is just one example of how service can be sacrificed in a large and remote agency. Our office often has owners calling about where their check is, who their tenants worker is at Metro. When we refer them to Metro we have no control over either the service they receive or whether their questions are answered. As we send paperwork in the mail we also have no control over whether changes are implemented by the necessary time, or how long the .delay may be. This is most evident in payments to owners where the cut off date at Metro governs who gets paid in time and who does not. There is also the Administration of the program to consider. Metro HRA does not do interim increases, only decreases. For our Program staffwill process both increases and decreases. We feet that this helps to eliminate the tendency to quit employment right before recertification and to get another right after the recertification date. This is a decision about running the program and all Housing Authorities make these decisions for their individual Housing Authority. Other examples of this include specifying what documentation is needed to receive a larger bedroom size, and how fraud is documented and tracked. This is an important issue for Administrators of the Section 8 program because it can affect their financial health. Local Housing Authorities have an easier time putting together a fraud case because calls, inspector reports and landlord reports go directly to the Housing Authority. During a hearing the person who took the call, or saw the participant at work is also the person who puts together the case and is present for the heating. The impact is greater and the possibility of errors occuring is lessened. The same can be said for issues regarding additional unauthorized household members. The inspection is done either by our office or by the Fire Department. Therefore if the inspector suspects that there may be additional people living in the unit, the office can address the issue immediately, as opposed to documenting the file and forwarding it to Metro to determine what they want to do. Option four considers utilizing a full-time Family Self Sufficiency Specialist and a full-time Occupancy Spedalist. This option would have the Housing Coordin~or's ~Jme bilted 20% to the Section 8 program. This would require the additional 80% of the Housing Coordinator position to be financed by other means, as well as an additional $4800.00 coming from other sources to meet the projected Section 8 expenses. Option five would have a half-time FSS coordinator, a full-time Occupancy Specialist/Administrative Assistant, and 50% of the Housing Coordinator position billed to the Section 8 program. All of these options have a built in reserve of $2,000.00 so option five has a positive balance. CONCLUSION AND RECOMMENDATION As a Section 8 Program Administrator the obvious choice to me is option five. I firmly believe that we can provide a better service to our residents, either Property Owner or Tenant and effectively run the program. It is possible for us to be innovative as a small program and set a standard of excellence. We would also be able to have more control over our program (within the Federal Guidelines of course) and to form partnerships with County and Non-Profr~ agencies. We could look at utilizing services that participants currently are using and working with them in the FSS program. The Section 8 program, ff properly run is setf supporting and we would be in a position to continue to apply for additional funding. We are well on our way to mending our relationship with HUD and to decide to abandon the program would certainly affect that process. Without a doubt our standing as a City to be taken seriously WOuld be impaired. If we do decide to transfer the Metro files t~) ours as port-ins, it would probably be best to set a six (6) month time frame and transfer those that are up for recertification as their month comes up, and an additional number each month transferred over. This way Metro would have time to absorb some of the cost to them and we will not be overwhelmed with the task, both clerically and administratively. After .speaking with Mary Ahem and Kathy Kline from Metro I acknowledged that we would continue to 4 administer the mod-rehab project in Columbia Heghts (3940 Peters Place). This will probably change in the next year or so as the co~lb~ct expires on the mod-rehab projects and the owner chooses to rent the units at market rate. I also dicussed the possibility of us no longer administering the Hilltop Certificates and Vouchers, but those continuing with Metro HRA. A large part of the reasoning for this is that Columbia Heights Certificates & Vouchers cannot lease up initially in Hilltop, and that the Fire Department does not conduct inspections in Hilltop. The numbers currently leased in Hilltop is small (3) and considering the size of Hilltop is likely to remain small. In conclusion, the Section 8 program is an asset to the c6mmunity and provides a relief to many very Iow income families who would otherwise pay a large portion of their income in rent. It is also ctear to those who work with the program that a level of service can be given to the Community that a large and distant Administration cannot give. The City can take pride in the knowledge that a local program assists residents and property owners while being accountable to the residents of the City. Since the program can be setf supporting, and at the same time beneticial, it is difficult to understand why either option one or two would even be considered. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING OF JUNE 4, 1997 CALL TO ORDER. THE SPECIAL MEETING OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) was called to order by President Peterson at 6:00 p.m., Wednesday, June 4, 1997, at the city Hall Conference Room, 590 40th Avenue N.E., Columbia Heights, Minnesota. MOTION by Commissioner Ruettimann, second by Commissioner Jones, to appoint the Deputy Executive Director as the Assistant Secretary to serve as the Recording Secretary for the special meeting of the EDA. Ail voted aye. MOTION C~RRIED. ROLL CALL. Commissioners Present: Joseph Sturdevant, Meg Jones, Donald Jolly, Robert Ruettimann, and Gary Peterson. Not Present: Patricia Jindra and Richard Dustin. Staff Present: Walter Fehst, Executive Director; Kenneth Anderson, Deputy Executive Director; and Jennifer Stoopes-Mokamba, Housing Coordinator. There were no other persons present. pLEDGE OF ALLEGIANCE. The EDA dispensed with the Pledge of Allegiance as no flag was present in the room. ADDITIONS/DELETIONS TO MEETING AGENDA. deletions to the meeting agenda. There were no additions or COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY SERVICE DELIVERY, POSITION VACANCIES, AND STAFFING RECOMMENDATIONS. President Peterson introduced the agenda item. Mr. Anderson, Deputy Executive Director, introduced background information on the request of staff to authorize the appointment of persons to fill vacancies in the Occupancy Specialist/Family Self-Sufficiency Coordinator position which was vacated by Barb Dock in April of 1997 and the Housing Coordinator position to be vacated by Jennifer Stoopes-Mokamba effective June 20, 1997. Mr. Anderson explained there were three memorandums/reports in the packet of information including a History of Staffing prepared by the Housing Coordinator, a Report on Section 8 Program Options and Staffing Recommendations prepared by the Housing Coordinator, and a Summary Report submitting overall staffing recommendations in the EDA and Community Development Department from the Deputy Executive Director. Mr. Anderson summarized the reports noting that the recent history of the HRA saw that there were many changes in positions and titles of people serving and employed by the HRA between 1989 and 1996. In order to fill the current vacancies and meet the projected service demands in the Community Development Department, Mr. Anderson summarized the recommendations of staff to: 1) fill the vacant Housing Coordinator position, 2) employ a full time Occupancy Specialist (OS), and 3) hire a half-time Family Self-Sufficiency Coordina- tor (FSS). He explained that these staffing recom- mendations would increase the staff level in the Department by one full-time equivalent position (previously the 0S/FSS Coordinator was a half-time position). EDA SPECIAL MEETING MINUTES JUNE 4, 1997 PAGE 2 Jennifer Stoopes-Mokamba, Housing Coordinator, explained the Section $ program in some detail and noted that the proposed staffing levels would put the EDA in a good position to apply for future programs available from the U.S. Department of Housing and Urban Development (HUD) when future notices of funding availability (NOFA) are distributed. She also explained the current Section 8 program allows individuals holding certificates or vouchers to "port" to other areas after the initial certificate or voucher time period expires. This allows participants to move to other communities within the state or within the country with a certificate or voucher issued by the Columbia Heights Section 8 program after a one year time period expires. In response to questions, Ms. Stoopes-Mokamba explained the difference between certificates and vouchers. She explained that a certificate requires the participant to not pay more than the fair market rent including utilities which, for example, is currently $841.00 for a three bedroom unit. On the other hand, a person with a voucher can pay 30% of their income plus any amount over and above the fair market rent limitations should they choose to do so and if acceptable to Section 8 staff. She further explained the advantage of having a locally administered Section 8 program is that it offers better service over the program versus that provided by a larger more distant bureaucracy such as the Metro HRA. Commissioners asked a series of questions regarding the port out process, the local control issues, administrative revenues, a landlords ability to levy extra charges to a tenant on the Section 8 program, and the five options presented by staff. Commissioner Sturdevant asked how much money the EDA would receive if the program was given back to the Metro HRA. Ms. Stoopes-Mokamba replied none. Mr. Fehst, Executive Director, stated he was comfortable with the conversion of the Metro HRA participants as port ins to our local program provided an FSS program component was included in our services in order to meet program requirements. Ms. Stoopes-Mokamba explained that a temporary staffing person would be starting work full-time on June 5, 1997 to assist in the program administration. MOTION by Ruettimann, second by Jones, to recommend the City Council advertise and fill the positions of Housing Coordinator, full-time Occupancy Specialist, and half-time Family Self-Sufficiency Coordinator as proposed in the staffs option number five. Discussion followed. Commissioner Ruettimann asked staff to prepare information about what the job duties and responsibilities are for each position in the Community Development Department, who currently occupies those posi- tions, and which departments fund each of the positions. All voted aye. MOTION CARRIED. MOTION by Commissioner Ruettimann to notifY the Metropolitan Council HRA that the Columbia Heights Economic Development Authority wishes to exercise a 90 day notice to terminate our participation in the Metropol- itan Council Housing and Redevelopment Authority Contract to administer their programs and to honor the Section 8 certificates and vouchers as "port-ins" at such time as the termination becomes effective. Second by Commissioner Jolly. Ail voted aye. MOTION CARRIED. EDA SPECIAL MEETING MINUTES JUNE 4, 1997 PAGE Discussion followed on the position of Building Official (inspector) which is currently being conducted on a contract basis by Mel Collova doing business as Collova Services. Various EDA commissioners expressed their concern that as part of a full-time position the building maintenance functions for all City buildings be included as a part of the responsibilities of the full-time Building Official. MOTION by Jones to notify the City Manager the EDA recommended to the city Council that a job description for the full-time Building Official position be prepared for internal posting and advertising including a description of the appropriate pay range for said position. Second by Commissioner Ruettimann. Ail voted aye. MOTION CARRIED. MOTION by Commissioner Ruettimann to revise the title of the Zoning/ Grant Coordinator to Planner with no change to the job description, duties and responsibilities. Second by Commissioner Jolly. Ail voted aye. MOTION CARRIED. MOTION by Commissioner Jones, second by Commissioner Sturdevant, to adjourn the meeting at approximately 7:47 p.m. Ail voted aye. MOTION C~RRIED. Respectfully Submitted, Kenneth R. Anderson Assistant Secretary edamin/june4 CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: PRESENTATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5 City Manager APPROVAL ITEM: Presentation of Recognition Clocks BY: J. Student BY: ~ ~' ~ ' t DATE May 27, 1997DATE~~l ~ Per City policy, when a resident resigns, terminates or declines reappointment to a board or commission, they are presented with an appropriate gift recognizing their service. In the last few years an engraved clock has been presented. The following residents have chosen not to continue serving. They have been invited by letter to attend the June 9th Council Meeting to receive their recognition gift: Keith Roberts, Charter Commission Dick Lawrence, Police and Fire Civil Service Commission Steve Mihalchick, Telecommunications Commission Catherine Anderson, Human Services Commission Chairpersons of each of these boards or commissions have been copied on the recipient's letter also. Via a copy of the letter, the chairperson is being notified of the recognition presentation and welcome to attend. COUNCIL ACTION: AGENDA SECTION: P ye sen to t i on s NO. ~ ITEM: Recognition, Proclamatioj~s, and NO. Presentations ~' ' ~0' ~ CITY COUNCIL LETTER ORIGINATING DEPARTMENT POLICE , BY: Thomas M. Johnson) DATE: June 2, 1997 u 6/ Meeting of June 9, 1997 CITY MANAGER APPROVAL: DATE: The Columbia Heights Police Department would like to recognize five citizens for their assistance over the past few months. The five include: Travis Steven Johnson. On December 14, 1996, Travis observed a hit and mn accident in the 4800 block of Central Avenue. Travis notified the owner of the vehicle that was struck and was able to give officers a license number, description of the vehicle, and description of the driver of the hit and mn vehicle. This information resulted in the location of the hit and mn vehicle and its driver. The driver was tagged for leaving the scene of an accident. Because Travis showed good citizenship, responsibility, and caring, the Columbia Heights Police Department is presenting him with the Department's "Citizen Commendation." Daniel Tare Whitfield. On March 24, 1997, Daniel observed a hit and mn accident in the 4800 block of 4m Street N.E. Daniel supplied information that lead to the suspect vehicle and the arrest of its driver for leaving the scene of an accident. Because Daniel displayed good citizenship, responsibility, and caring, the Columbia Heights Police Department is presenting him with the Department's "Citizen Commendation." Juan Mendoza. On May 4, 1997, while at K-Mart in Columbia Heights, Mr. Mendoza heard a man call for help following the robbery of his wallet. Mr. Mendoza, without regard for his own safety, pursued and apprehended the suspect about one block away. Because of this brave act, the wallet-- with over $100 inside-- was recovered and the suspect was arrested for felony theft and transported to Anoka County Jail. Because Mr. Mendoza displayed responsibility, caring, respect, self-control, integrity, and good citizenship, the Columbia Heights Police Department is presenting him with the Department's "Citizen Commendation." Walter Vernon Arthur. On May 23, 1997, Mr. Arthur observed a 26-year-old male writing on a wall in the 4100 block of Central Avenue N.E. Mr. Arthur observed a police reserve officer in the area and notified him of this in-progress crime and of the location of the suspect. The reserve officer in turn notified Officer Terry Nightingale, who found the suspect in the bus shelter at 40m and Central. When first approached, the suspect denied any illegal activity. Mr. Arthur came to the location of the detention and positively identified the suspect and signed a citizen arrest against the party. Because of Mr. Arthur's help, the suspect was charged with two counts of criminal damage to property and possession of drug paraphernalia. Because Mr. Arthur displayed responsibility, caring, integrity, and good citizenship, the Columbia Heights Police Department is presenting him with the Department's "Citizen Commendation." Allen John Askegard. (h~ May 25, 1997, Mr. Askegard observed two juveniles spray painting graffiti on several buildings in the 3900 block of Jackson. Mr. Askegard then reported this in-progress crime to the police at the Columbia Heights Police Department. Officer John Rogers observed two juvenile males fitting the description of the suspects on 37~ Avenue and VanBuren. Mr. Askegard came to the location and positively identified the suspects and signed a citizen arrest form. Because of Mr. Askegard's action, the suspects gave a confession and were charged with criminal damage to property and other offenses. Because Mr. Askegard displayed responsibility, caring, integrity, and good citizenship, the Columbia Heights Police Department is presenting him with the Department's "Citizenship Commendation." TMJ:mld 97-113 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: P U [3 i_ I C H EARl t4 G ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~l} Fire ITEM: Close Hearing/Adopt Resolution BY: Charlie Kewatt BY: ;/~ Rental License Revocation NO: ~ "~ DATE: June 4, 1997 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1.) Francis Job ........................................................ -~...'"i ................................... 4017 6th StreetNE RECOMMENDED MOTION: Move to waive the reading of Resolution No. ~/'7- t4f , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt ReSolution No. ~ -t ~ , Resolution of the City Council of the City of Columbia Heights approving~re_v_oc ation pttr~t-fo Grdinance COde Section 5 A.408 (1) of the rental license held by Francis Job regarding rental property at 4017 6m Street NE. ALTERNATE MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Francis Job regarding rental property at 4017 6th Street NE in that the provisions of the Housing Maintenance Code have been complied with. COUNCIL ACTION: RESOLUTION 97- RESOLUTION OF ~ CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY FRANCIS JOB, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4017 6TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 30, 1996 OF A PUBLIC HEARING TO BE HELD ON JANUARY 13, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: ~INGS OF FACT 1. That on JULY 17, 1996, GarY-G-°~r~ia~n, Ehforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4017 6TH STREET, within the City of Columbia Helg~ts-,~Minnes6ta, and owned , according to the application for rental license on f'fle for the above-desc!Sbed real.property by FRANCIS JOB. 2. That on September 16, 1996' and November 20, 1996, the owner Mr. Francis Job cancelled the re-inspections scheduled for these dates, and on January 7, 1997, inspector Gary Gorman conducted a final pre-revocation hearing inspection of the property in which code violations dated july 17, 1996 remained uncorrected. 3. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: DAY OF AYES: NAYS: ,19 CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR A. FAILURE TO CORRECT THE FOLLOWING HOUSING CODE VIOLATIONS 1. Wood trim around bathroom window rotted/deteriorated 2. Tile on bathroom walls deteriorated, falling off 3. Bathroom walls deteriorated from moisture buildup 4. Roof leaking over kitchen area. (on-going 3 years) 5. Kitchen ceiling damaged from on-going roof leak 6. Kitchen light fixture affected from roof leak 7. Basement stairway unprotected against fire travel 8. Several damaged window screens on structure 9. Aluminum soffit south side loose. Full of bird nests 10. Damaged window glass on side entry door 11. Aluminum facia missing on south gable peak B. FAILURE TO SUBMIT $120.00 IN RE-INSPECTION FEES 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(t) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4017 6th STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1851-96 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the fin:st day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CiTY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CHRONOLOGICAL LOG OWNER: FRANCIS JOB ADDRESS: 4017 6TH STREET 5-31-96 6-1-96 6-27-96 7-16-96 7-17-96 7-29-96 8-16-96 9-3-96 9-16-96 10-18-96 11-20-96 12-2-96 12-2-96 12-5-96 12-16-96 12-30-96 12-30-96 12-31-96 1-6-97 OWNER MAIl,ED NOTICE OF REQUEST FOR ANNUAL INSPECTION OWNER MAILED RE-LICENSING APPLICATION DUE 7-1-96 OWNER MAILED 2ND NOTICE OF REQUEST FOR ANNUAL INSPECTION OWNER MAILED 2ND RE-LICENSING APPLICATION REQUEST ANNUAL RE-LICENSING INSPECTION PERFORMED OWNER MAIl~g,D NOTICE OF DEFICIENCIES ON PROPERTY. RE- INSPECTION SCHEDULED FOR 9-16-96. OWNER MAILED FINAL RELICENSING APPLICATION VIA CERTIFIED RE-LICENSING APPLICATION RECEIVED WITH LATE FEES OWNER CANCELLED RE-INSPECTION DUE TO RECENT HEART ATTACK. WOULD CAI J, TO RESCHEDULE. OWNER FAILED TO RESCHEDULE INSPECTION. SECOND NOTICE OF VIOLATION MAILED. RE-INSPECTION DATE SET FOR NOVEMBER 20, 1996. OWNER CALLED TO CANCEL SCHEDULED INSPECTION FOR TODAY. OWNER MAILg, D 3RD NOTICE OF COMPLIANCE ORDER WITH INITIAL NOTICE OF REVOCATION HEARING DATE AND DATE OF FINAL PRE- REVOCATION HEARING INSPECTION VIA CERTIFIED MAIL. $40.00 RE-INSPECTION FEE ASSESSED. TENANT MAILED COPY OF ABOVE NOTICE TO OWNER OWNER SIGNS FOR RECEIFr OF CERTIFIED LETTER MAII~F,D 12-2-96 REQUESTED REVOCATION HEARING DATE AT COUNCIL MEETING OWNER MAII,g.D OFFICIAL NOTICE OF REVOCATION HEARING AND STATEMF_2NT OF CAUSE VIA CERTIFIED MAIL TENANT MAII,F,D COPY OF ABOVE NOTICE TO OWNER. OWNER SIGNED FOR RECEIFr OF CERTIFIED LETTER MAILED 12-30-96 TENANT CAIJ,ED ASKING FOR HEARING TO BE CANCELLED AS HE WAS WORKING ON CORRECTING PROBLEMS. TOLD HIM WE WOULD MAKE THE SCHEDULED FINAL INSPECTION ON 1-7-97 AND WOULD ASSESS TI-IE SITUATION AT THAT TIME. INSPECTOR GORMAN PERFORMED FINAL INSPECTION OF PROPERTY. OF 16 INITIAL ISSUES, 4 ITEMS HAD BEEN CORRECTED, ALL MINOR ISSUES, MOTORCYCLE FRAME REMOVED FROM YARD, RECEPTACLE COVER REPLACED, GARAGE SERVICE DOOR WINDOW REPLACED, ABANDONED HOT WATER HEATER REMOVED FROM BASEMENT. 1-8-9~ BECAUSE OF THE MINIMAL REPAIRS THAT WERE MADE TO THE PROPERTY IT IS DECIDED TO GO AHEAD WITH THE REVOCATION HEARING RESOLUTION 97- RESOLUTION OF THE CITY COUNCIL FOR ~ CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESDENTIAL RENTAL LICENSE HELD BY FRANCIS JOB, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4017 6TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETIING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MAY 30, 1997 OF A PUBLIC HEARING TO BE HELD ON JUNE 9, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on JULY 17, 1996, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4017 6TH STREET, within the City of Columbia Heights, Minnesota, and owned , according to the application for rental license on file for the above-described real property by FRANCIS JOB. 2. That on September 16, 1996, and November 20, 1996, the owner Mr. Francis Job canceled the re-inspections scheduled for these dates, and on January 7, 1997, inspector Gary Gorman conducted a final pre-revocation hearing inspection of the property in which code violations dated July 17, 1996 remained uncorrected. 3. That on January 13, 1997 the Columbia Heights City Council gave Mr. Job an extension until June 1997 to correct the violations and submit the re-inspection fees. 4. That on June 6, 1997 inspector Gary Gorman conducted a f'mal pre-revocation hearing inspection of the property in which code violations dated July 17, 1996 remain uncorrected. Tenants were not home, and the owner did not show up, Inspector Gorman was only able to check outside violations. 5. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing M~intenance Code and Licensing Rental Units were found to exist, to-wit: A. FAII,URE TO CORRECT THE FOLLOWING HOUSING CODE VIOLATIONS 1. Wood trim around bathroom window rotted/deteriorated 2. Tile on bathroom walls deteriorated, falling off 3. Bathroom walls deteriorated from moisture buildup 4. Roof leaking over kitchen area. (on-going 3 years) 5. Kitchen ceiling damaged from on.going roof leak 6. Kitchen light fixture affected from roof leak 7. Basement stairway unprotected against fire travel 8. Several damaged window screens on structure 9. **NEW** Grass is very long, not maintained. B. FAILURE TO SUBMIT $200.00 IN RE-INSPECTION FEES 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this heating according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4017 6th STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1851-96 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder;, 3. All tenants shall remove themselves from the premises within 60 days from the f'zrst day of posting of this Order revoking the license as held by License Holder. CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: I TE~S FOR CONS 1 DERATI ON ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~ Fire ITEM: Amend Housing Maintenance Code BY: Charles Kewatt BY: ~ ~'~ NO: Ordinance No. 853 ~ ~' 1~" I DATE: Jun 2, 1997 ¢(~4~ DATE: The Columbia Heights Fire Department Inspection office is requesting an amendment to Ordinance No. 853, City Code of 1977, pen~ning to the Housing Maintenance Code, Section 8. Section 8 currently reads as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupancy or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116 (4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1997. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candies, City Council Letter Meeting of June 9, 1997 Page two (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas ail parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1997. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A208 (2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. The proposed changes are date changes only to read July 1, 1998 as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupancy or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116 (4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. City Council Letter Meeting of June 9, 1997 Page three (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. (i) Commemial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5^208 (2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. RECOMMENDED MOTION: Move to pass an ordinance to amend Ordinance No. 853, City Code of 1977, Housing Maintenance Code, Section 8 pertaining to Exterior Parking, Pedestrian Walkways, and Lighting. 97-65 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: ITE~iS FOR CONSIDERATIO~I ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER'S APPROVAL AMENDING CHAPTER 5, SECTIONS 35 THROUGH DATE: June 3, 1997 DATE:~¢'~/~ 46 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE REFERENDUM AND REFERENDUM PETITIONS No: Amendments to Chapter 5, Sections 35 through 46 of the City Charter, have a history which started in October of 1993, at which time it was first presented to the City Council for a first reading. Over the course of time, readings were tabled to work session and re-discussed numerous times. The language presented for tonight's meeting has again been changed from the last time the City Council was presented with an amendment to this chapter of the charter (in the fall of 1996). This version includes the addition of "or 700 signatures, whichever is greater" to the end of the second sentence in Sections 39, 40, and after the word '~election' in the first sentence of Section 44. Changes have been discussed jointly with the Charter Commission and the City Council, and were last approved by the Charter Commission at their meeting of May 22, 1997. In summary, the overall changes to this proposed amendment include: in Section 36, increasing the expense to $400 from $100 and incorporating language which would allow citizens to have the City Attorney's Office review proposed ordinances replacing the words "electors" and "voters" to "registered voters" throughout replacing the word "measures" to "ordinance" throughout in Sections 39, 40, and 44, changing the percentage of the total number of registered voters from twenty percent to ten percent, and in Sections 39, 40, and 44 add the words '~or 700 signatures, whichever is greater." Since there have been considerable changes made to this ordinance since a reading(s) was (were)last held, a first reading again needs to be held on this latest addition to the amendment. RECOMMENDED MOTION: Move to waive the first reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1280, being an ordinance amending Chapter 5, Sections 35 through 46 of the Charter of the City of Columbia Heights pertaining to the Referendum and Referendum Petitions, for Monday, June 23, 1997, at approximately 7 p.m. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S F~ ITEMS FOR CONSIDERATION ADMINISTRATION APPROVAL NO: ITEM: FIRST READING OF ORDINANCE NO. 1349, BY: CHARTER COMMISSION BY: AMENDING CHAPTER 3, SECTION 17 OF THE DATE: 5-23-97 DATE: CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO RULES OF PROCEDURE AND QUORUM NO: The Charter Commission has recently been discussing whether written records should be required of work sessions in particular. Due to the fact that these meetings are not televised, many members felt that a written record should be maintained of all work sessions which would include who was present, items discussed, pros and cons of the item discussed, and general consensus of the council on the item. This item was discussed with councilmembers at a joint Charter Commission/Council meeting on March 20, 1997, at which time councilmembers were in general agreement that this was certainly possible. The Charter Commission has further discussed this issue at their April 17th and May 22nd meetings and have voted to add the following sentence to Chapter 3, Section 17 of the charter: "Detai!ed minutes of all discussions, motions, or other actions shall be kept for all public council meetings and for meetings of any commissions appointed by the council." The Charter Commission requests the City Council hold a first reading of the ordinance to support these proposed changes. RECOMMENDED MOTION: Move to waive the first reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve the first reading of Ordinance No. 1349, and to schedule the second reading of Ordinance No. 1349 for June 23, 1997, at approximately 7 p.m. COUNCIL ACTION: ORDINANCE NO. 1349 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 17 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO RULES OF PROCEDURE AND QUORUM The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 17, of the Charter of the City of Columbia heights which currently reads as follows, to wit: RULES AND PROCEDURE AND QUORUM. The council shall determine its own rules and order of business, and shall keep a journal of its proceedings. A majority of all members elected shall constitute time. The council shall provide by ordinance a means by which a minority may compel the attendance of absent members. IS HEREWITH AMENDED TO READ AS FOLLOWS: RULES AND PROCEDURE AND QUORUM. The council shall determine its own rules and order of business, and shall keep a journal of its proceedings. Detailed minutes of all discussions, motions, or other actions shall be kept for all public council meetings and for meetings of any commissions appointed by the council. A majority of all members elected shall constitute time. The council shall provide by ordinance a means by which a minority may compel the attendance of absent members. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 6/9/97 AGENDA SECTION: ORIGINATING DEPARTMENT: /~ CITY MANAGER ITEM: CHANGE ORDER TO REMOVE RETAINING BY: M. WINSON BY: NO. WALL ON GOULD AVENUE Q ,- ~ ,, t DATE: 6/2/97 / DATE: The property owner at 3942 Reservoir Blvd. contacted the Engineering Department staff concerning removal of the retaining wall on Gould Avenue. The retaining wall was leaning towards the street and the property owner was concerned with the wall falling over during the street reconstruction on Gould Avenue. The property owner signed a petition and waiver form with the City of Columbia Heights to have the cost of the wall removal and slope restoration added to the property assessment for 3942 Reservoir Blvd. The change order adds sawcutting and removing the retaining wall to the contract. Again, the property owner at 3942 Reservoir Blvd. will be responsible for the cost of wall removal and slope restoration. RECOMMENDED MOTION: Move to authorize Change Order 9415-1 to sawcut and removed the retaining wall on Gould Avenue for 3942 Reservoir Bvld to Midwest Asphalt Corporation in the amount of $3,960.00 97-329 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS, MINNESOTA CONTRACT CHANGE ORDER Change Order Number: 9415-1 Date: May 7, 1997 Type of Project: Retaining Wall Removal Location: 3942 Reservoir Boulevard Contractor: Midwest Asphalt Corporation Necessity for Change: The retaining wall is in poor condition. Removal of the portion parallel to Gould Avenue, from the angle point to the end of the wall was requested by the owner. Description of Change: No. Description Unit Quantity Unit Price Total 1 Saw cut wall L.S. 1 $600.00 $600.00 2 Remove retaining wall L.F. 120 $28.00 $3,360.00 TOTAL $3,960.00 The sum of $ 3,960.00 is hereby ~ added to ~ The time provided for completion in the contract is ~-~ ~ increased by __ calendar days. ~--~ deducted from unchanged. decreased by_ the total contract price. calendar days. This document shall become an amendment to the constract and all provisions of the contract will apply hereto. Accepted by: Date: Recommended by: (CONTRACTOR) (CITY ENGINEER) Date: Approved by: Date: (MAYOR) (CITY MANAGER) Date: CITY OF COLUMBIA HEIGHTS PRIVATE CONSTRUCTION AGREEMENT PETITION AND WAIVER Columbia Heights Project Number: 9415 Date: D"lOa~ ql lqqT Property Owner: Michael and Kathleen Richard Address or Legal Description: 3942 Reservoir Boulevard To the Mayor and Members of the Columbia Heights City Council, Columbia Heights, Minnesota: For and in consideration of the utilization of certain contract rates negotiated by the City of Columbia Heights, the undersigned legal owner (owners) of the above described property, respectfully petition the Columbia Heights City ~Council for the following described public improvement: Unit Item Quantity Unit .Price Unit Total. Sawcut retaining wall 1 LS @ $ 600.00/ LS $ 600.00 Remove retaining walt 120 LF @ $ 28.00/ LF $3,360.00 Provide 1V:2H slope and sod 350 SY @ $ 3.00/ SY $1,050.00 Engineer's Estimate Based on Estimated Quantities Only $5,010.00 The City of Columbia Heights and the Contractor, Midwest Asphalt Corporation, will not be responsible for the remainder of the wall. The undersigned hereby waive (waives) alt rights with reference to a hearing or other formalities to which the undersigned would be entitled under Minnesota Statute § 429.011 et seq, Minnesota Statute § 435.193 to 435.195 under the City Code Sections 4.101, 4.102, 4.103 and under the Columbia Heights City Charter Sections 76-86. Further, the undersigned specifically waives the formal Notice of Making Assessments; Notice for Confirmation; and the rights to appeal as provided in Minnesota Statutes 429.036 and 429.081 or any applicable law. The undersigned also consents to paying the interest rate set by the City Council if the iustallment method of paying for the improvement is elected by the undersigned. And further, the undersigned releases the City of Columbia Heights and its employees from any claim or causes of action in connection with the construction authorized above and agrees to pay for the actual construction quantities at the agreed bid prices. Respectfully submitted, (Owner) THE CITY OF COLUMBIA HEIGHTS Joseph Sturdevant, Mayor Walter Fehst, City Manager To be filled in after construction: Actual Item Quantity Unit Unit Price Unit TOTAL Sawcut retaining wall LS @ / LS Remove retaining wall LF @ / LF Provide 1V:2H slope and sod SY @ / SY TOTAL DUE Dear Property Owner: By signing this form, you are agreeing to have the City construct the improvements listed on the Private Construction Agreement/Petition and Waiver (Sheet 1 of 2) and agreeing to pay for those improvements at the contract prices listed. Additionally, you are agreeing to be assessed for the costs, if you do not pay the full amount within 30 days of billing and agreeing to waive your rights of appeal as listed on the Private Construction Agreement/ Petition and Waiver. Payment After the construction is complete, you will be billed for the actual work done at the contract prices listed. If you pay the full amount within 30 days, there will be no inter~t or service charges. If full payment is not received within 30 days, any remaining amount will become a special assessment and will accrue interest from the date of the statement. The special assessment will be levied over a period of 15 years and has a maximum interest rate of 9.5% annually. The principal plus accrued interest will be billed to you in May of the following year and is due by September t5. If you fall to pay, the amount of the payment plus a 10% penalty will be certified to the County and added to your property taxes. Warranty The contract the City has with the Contractor includes a one-year warranty from the time of completion. The City's sole responsibility with regard to the warranty is to be sure that the contract specifications are met. The City does not warrant the work of the Contractor. If the work done meets the specification requirements in the judgement of the City Engineer, but you are not satisfied, you will have to contact the Contractor directly. If you have questions regarding the construction or scheduling, contact the Engineering Department at 782-2880. Questions on payment or assessment should be directed to the Assessment Clerk at 782-2814. I have read and understand the Private Construction Agreement/Petition and Waiver. CITY COUNCIL LETTER Meeting of:Jl, tn~ 9, 1997 AGENDA SECTION: ORIGINATING DEPART~IENT:/~ CITY MANAGER ITEM: APPROVAL OF CONSULTING CONTRACT BY: Mark Winson ff'//.-~- - -BY: ~£~' WITH USAQUATICS ON WADING POOL DATE: June 2, 1997 ~ DATE: ~' At the March 10, 1997 meeting, the City Council authorized staff to seek proposals for consulting services for the needed improvements to the City's three wading pools. Request for Proposals were sent to approximately six firms, a mix of pool contractors and consulting firms with pool design experience. The proposals received were from USAquatics and RCM. Both proposals provide a not-to-exceed cost for the evaluation phase of the study. The evaluation phase includes an evaluation of the pools based on physical inspection, review of plans and interviews with employees, a recommendation on the minimum needed improvements to bring the pools to MDH standards, a recoinmendation on improvements beyond the minimum required to enhance the use and enjoyment of the pools and a report covering these items and recommendations on the cost effectiveness of improving or replacing the pools, an evaluation of the adequacy of the City's existing pool program and leads on potential sources of funding outside of the City's budget for the repairs. Both finns indicated that the fees for design and construction management of the improvements could not be determined until the evaluation phase is completed. USAquatics has submitted a proposal for the Evaluation Phase of not-to-exceed $4,800. RCM's proposal for the same phase is $8,500. The Park and Recreation Commission has reviewed both proposals and is recommending that USAquatics be awarded a contract for the evaluation phase of the wading pool improvements. RECOMMENDED MOTION: Move that a contract for the evaluation phase of the wading pool improvements be awarded to USAquatics based on their experience for a not-to-exceed cost of $4,800; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Funding for this study is to be from Fund 412-45200. MAW:jb 97-326 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: ITEMS FOR ORIGINATING DEPT.: CITY MANAGER NO: ~ CONSIDERATION Planning and Zoning ~ APPROVAL ITEM: Appeal, Chris & Brad Perris ~,~,~ BY: Tine Goodroad~ BY: NO: Case ~9705-14, 411 N.E. 40th Ave. DATE: June 5, 1997 The Planning and Zoning Commission reviewed the request of Mr. and Mrs. Ferris for an appeal of an administrative decision by the Zoning Department to prohibit the use of the property at 411N.E. 40th Avenue as it is non-conforming in the Retail Business District and has been vacant for more than six months. This item was reviewed at the May Planning and Zoning Commission meeting and tabled in order for the applicant to provide additional information. The Commission requested complete architectural drawings and all bids. Section 9.104(3) {f) of the non-conforming section of the Zoning Ordinance requires that whenever a non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformance with the provisions of the Zoning Ordinance. This property is non-conforming due to the fact it does not meet the side yard setback requirement. This property has also been vacant for several years. If the appeal is granted a variance will also be required to continue the use. Quite an extensive history is available on this property. This property is not only non- conforming but it was also designated as a hazardous building in 1989 and again in 1995. Mr. and Mrs. Ferris purchased the property from Anoka County with the knowledge that the purchase of the property is subject to the City's demolition order. Back in 1989, the City Building Inspector served the property owner a notice and order to vacate the dwelling due to substandard, hazardous and unsanitary conditions of the interior. A copy of this letter and minutes from the December 26, 1989 City Council meeting are included for your review. Over 19 items were cited in the order including extensive water damage, electrical problems, lack of running water, and unsanitary conditions. In 1989 the City Council did adopt the order and determined it must be demolished and removed. Obviously, this was not done. In addition, between 1989 and 1994 some improvements and clean up were made to the property. In October 1994, the City Attorney's office determined that, because of the improvements, the 1989 order would no longer stand. Thus, in order to pursue this as a hazardous building, a new inspection would be necessary. Building Inspector, Evelyn Nygaard, made an inspection and prepared a resolution requesting removal of 411 N.E. 40th Avenue as it is hazardous and non-conforming. The resolution was based on the following facts: 1. The property was vacant since August of 1989; 2. The property has gone tax forfeit; 3. The property is non-conforming; 4. The property has been declared hazardous; and 5. Low valuation of the property of $3,900 for structures due to damage caused by water. This resolution was approved and directs the property owner, Anoka County, to raze the hazardous structure located at 411 N.E. 40th Avenue. Again, the structure was not removed and I have yet to find an explanation for it. Since 1994, it has remained in Anoka County's ownership who sold it to Mr. and Mrs. Ferris two months ago. In order to use the building, this appeal must be approved in addition to the variance and conditional use permit since they desire to use the building as both commercial and residential. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: APPROVAL ITEH: BY: BY: NO: DATE: Page 2 The history of this property is important as it relates to an important part of the non- conforming section of the Zoning Ordinance. First of all, when a non-conforming use of a building or structure cr land has been vacant for over six months, it must be brought into conformance. Mr. and Mrs. Ferris proposed to use the main floor for office space for their business and use the upstairs as an apartment for their son. Thus, the structure's use is being changed from residential to commercial. This would bring the use into conformance with the existing Retail Business, "RB",Zoning District. However, because the property is only 5.5 feet from the alley instead of the required ten (10) feet, the property is still non- conforming. The Planning and Zoning Commission and City Council could approve a 4.5 foot variance in order to bring the property into conformance. This variance is necessary, along with the appeal in order for the property to be used and brought into conformance. The variance request will follow the appeal later in the agenda. If both the appeal and variance are approved, the City Council does not have to deal with the non-conforming section of the Zoning Ordinance that limits what can be done or improvements made to a property if the cost exceeds 50% of the value. This pertains only if a property is non-conforminq. With approval of the appeal and the variance it would no longer be non- conforming. However, this does not mean that the City Council cannot review the work required to bring the property up to code as a commercial use. Since this property has been declared hazardous, this review is important. Please also note that the City Council must repeal the resolution approved in 1995 to make this property useable. Since the building will be changed from a residential to commercial use, substantial improvements and accessibility improvements are required by the State Building Code. A list of requirements was prepared by our Building Official, Mel Collova, and reviewed at last months meeting. Since that meeting, Staff has revised the letter making indications as to what has been submitted and what else is required. This revision was sent to the applicant May 9, 1997 and has been followed with each submission of new information. Mr. Collova has also prepared a similar letter with requirements if it were left as residential. Mrs. Ferris originally requested the property be considered fro commercial use and/or leave it as residential. The Planning and Zoning Commission required her to chose one option. Since the last meeting, both Mr. Collova and myself expressed to the applicant the wishes of the Commission for complete drawings and bids for all work listed in the letter. We have received additional bids and an exterior site plan. No changes were made to the drawings, although included with one of the bids Mrs. Ferris submitted is a note written and signed by herself stating that requirements will meet CABO/ANSI 117 with Mn. Amendments. All other construction will meet 1995 Minnesota Building Codes. This was not stamped or signed by an architect on the drawings. This note and all bids are attached for your review. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: APPROVAL ITEM: BY: BY: NO: DATE: Page 3 A summary of the bids are as listed below. Each one has been reviewed by Mr. Collova and approved. Update wiring = $2,150 Installation of handicap bath = 4,800 Second floor kitchen = 940 Handicap accessible ramp = 1,780 Air test boiler and water lines = 800 Stairway = 1,800 Chain link fence = 1,950 Sheetrock = 540 $14,760 The total on the bids supplied is $14,760 which is under the 50% of $22,050. Mrs. Perris has been cooperative in supplying this information but desires to do so on a limited basis until an approval to use the building is granted. I discussed with Mr. Cotlova what his expectations are and requirements for drawings will be if this repeal is granted. He responded in a memo (attached) stating that he will follow five sections of the Building Code per attached dealing with submission of architecturally drawn plans and special inspections. Mr. Collova will be following alt requirements of the Code and can ensure that all items contained in the memo dated May 9, 1997 will be completed and inspected prior to the issuance of a Certificate of Occupancy. An additional letter has also been prepared by Mr. Collova which clearly states his requirements for plans and a job superintendent. Thus, if the City Council grants this appeal and recinds the resolution declaring the building hazardous, Staff will ensure all required work will be done to bring the property up to commercial standards. The Planning and Zoning Commission unanimously recommend approval of the appeal and recommends the City Council recind their resolution provided all required code work is completed as required by the Building Official, Fire Inspector, and the Housing Maintenance Inspector prior to the issuance of an occupancy permit. RECOMMENDED MOTION: Move to recind Resolution 95-69 declaring 411 N.E. 40th Avenue a hazardous building and approval of the appeal request to allow the use of the property as a commercial use provided all Code required work is completed and inspected per the Building Official, Fire Inspector and Housing Maintenance Inspection requirements prior to occupancy. COUNCIL ACTION: ccag0697.no7 CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: Variance, Chris and Brad Perris BY: Tina Goodroad BY: NO: Case ~9705-14, 411 N.E. 40th Ave. DATE: June 5, 1997 The Planning and Zoning Commission reviewed the request of Mr. and Mrs. Perris for a 4.5 foot variance to use a non-conforming property for office use at 411 N.E. 40th Avenue. Section 9.113(4) (d) of the Retail Business Section of the Zoning Ordinance states that no building shall be erected within ten (t0) feet of any alley abutting the narrowest portion of the lot. This item can only be approved if the appeal is granted which allows the use of the property. The enclosed survey shows the building only 5.5 feet from the alley where it must be ten (10) feet. This setback of 5.5 feet also makes the property non-conforming. Mr. and Mrs. Ferris propose to use this property for space for their own business. A proposed site plan indicates the office space on the main floor. A handicap accessible restroom must be installed as this use is a commercial use. Additional work must be done to create a vestibule which is required to separate the main floor from the second floor apartment they are planning to create. Two parking spaces are required for the residence. The plan shows the garage spaces are designated for the apartment. Two other spaces are required for the office use which are indicated on the drawing. Additional work has been cited which is not indicated on the drawings but are included in Mr. Collova's letter. Ail of the required work must be completed prior to occupancy unless the Building Official agrees to grant a temporary certificate of occupancy with strict deadlines for completion. As a final point, a six foot high privacy fence will be required along the north property line of the lot as indicated on the plan as this retail business zoned property is within 300 feet of residential zoning. RECOMMENDED MOTION: 1. Ail code required work be completed and approved prior to occupancy unless the Building Inspector approves a temporary certificate of occupancy. 2. Installation of the required screening fence along the north property line be installed. COUNCIL ACTION: ccag0697.no7 CITY COUNCIL LETTER Meeting of: June 9, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: Conditional Use Permit, Chris and BY: Tina Goodroad BY: Brad Ferris DATE: June 5, 1997 NO: Case ~9705-t4, 4tl N.E. 40th Ave. The Planning and Zoning Commission reviewed the request of Mr. and Mrs. Ferris for a Conditional Use Permit to utilize the second floor of the structure at 411 N.E. 40th Avenue as a residential dwelling unit. Section 9.113(2) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for dwelling units provided: 1. Units do not occupy the first floor, and 2. That a roof intended for useable space shall be enclosed by a wall or fence not less than five (5) feet in height. A site plan of the second floor has been included. A small kitchenette must be installed in order to make the entire residential portion into one unit on the second floor. Improvements to the stairs going to the second floor will also be required as the headroom does not meet current standards. A separate entrance closed off from the main floor with the new vestibule will complete the separation of the two uses as required by the Zoning Ordinance. Mr. and Mrs. Ferris plan to have their son live in the residence. A two car garage exists on the property, thus, adequate parking is available for the residential portion. RECOMMENDED MOTION: Move to approve the Conditional Use Permit for a second story dwelling unit at 411 N.E. 40th avenue provided the following conditions are met: 1. Appeal for use of the building is granted by the City Council. 2. Variance of 4.5 feet be approved by the City Council. 3. Ail code required work be completed and approved prior to occupancy of the residential unit. 4. Installation of required screening along the north property line of the property. (Six foot high privacy fence.) 5. Obtain a City rental license for residential unit. COUNCIL ACTION: ccag0697.no7 CITY OF COLUMBIA HEIGHTS Application For: Rezontng Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Pla~ Approyal Street Address of Subject Property: Applicant: 4. Owner 6. Zoning: Applicable City Ordinance Number Section Present ZoninE Proposed Zoning Present Use Proposed Use 7. Reason for Request: Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducin~ the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance wi=h the Ordinances of the City of Columbia Heights and =he laws of the $ua%e of Minnesota. Taken By: 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 788-9221 Certified Mail ~/ P ?48 732 22! Mayor Date V. Hadt'~h Councilmembers GaT L Peterson Rita M. Pe~koff Edward ~. Carlson Russetl D. Pautson City M~m~er Robem $. Boc~finski July 6, 1989 Mrs. Viva Del!e Vnitt 11~0 ~ildwood Lane Spring Lake Park, 55432 P.E: NOTICE AND 0~DERS OF BUILDING OFFICIAL Dear Mrs. ~hitt: This letter is to serve as a notice and order :o vacate :he dvetlinE located a~ 411 - 40th Avenue N.E., le~a!iy described as lots 16 and 17, ~!ock 5i, Columbia Heights annex to Minneapolis, Anoka County, Minnesota. Due to the substandard, hazardous and unsanitary condition of the interior of the dwelling I must ask that the occupan: and or occupan%s vacate the building as soon as possible, no later than July 15, !989. The repairs necessary to put the dwe!linE in a habitable condition must be commenced within :hirty (30) days from the da:e of receipt of this letter and prior to re-occupancy. Required permits must be obtained prior to repairs being commenced. The no:ice and orders are being given due to the conditions observed at said property by Sandra Harvey, Assistant Building Inspector for the City of Columbia Heights. She was accompanied by Police Officer $=eve Vaughn of Columbia Heights and Jane ~iison of Anoka County Social Se.-vices. The following is a list of hazardous conditions and violations of the 1985 Uniform Housing Code adopted by the City of Columbia Heights by Ordinance $1172 effective October 26, 1988. !. The water meter was leaking which produced one to two inches of standing water throughout the basement. 2. The basement toilet did not have any running water. The toilet bowl was black inside from lack of proper saniuation. 3;' The shower in the basement has no running water and is filled wi:h furni:ure and other miscellaneous articles, rendering it unusable. ~. The-basemen= bathroom had a portable electric he~ter plugged in and functioning off a non-grounded electrical ou:iet. This, combined with suanding water on =he floor, presents a serious hazard for electrocution. "SERVICE IS OUR BUSINESS" EQUAL OPPORtUNiTY EMPLOYER Page 2 5. While inspecting =he laundry room :he wa=er was turned back on revealing broken and leaking pipes. 6. The sheetrock on =he walls by the broken and leaking pipes were in a crumbling and molded state. 7. The floor drain in %he basemen= is no: functioning and did not have a cover. 8. The inside of the furnace unit is rusted out and it's functionality is questionable. 9. Ceiling tiles in the basement are missing in some areas and are falling off. !0. Evidence of foden: infes=at~on was observed in the basemen= in the form of mice feces. !!. The living room plaster is crumbling and falling off =he ceiling due to a mois=ure problem. 12. The carpet in =he dining room is covered wi=h urine stains wi=h dog feces lying in the same area. 13. There is no running water in the ki%¢hen sink. The countertops are. completely covered by garbage and other items allowing no sanitary area for preparing meals. 14. The oven door was open revealing the oven interior oompte=eiy filled with garbage. 15. The cupboard under %he ki:chen sink is covered with mice feces. 16. The upstairs bathroom sink had no running water and the sink was covered with a thick layer of dust and dirt indica:ing non-use. 17. The bathtub has no running water and is filled with garbage, other miscellaneous i=ems and dir: rendering i: unusable in i='s present s:ate. 18. The =oiler in the ups=airs bathroom has no running water. Human feces were observed in i: and on the surrounding walls and floor. 19. All habitable rooms are filled with an excessive amoun= of belongings and garbage. Only small pathways exist through :he house presen%ing a hazardous si=ua=ion for the occupant should a fire occur. The following is a list of codes from the 1985 Uniform Housing Code that pertain to the violations cited. Substandard Buildings? Section 202: Ail buildings or portions thereof which are determined :o be substandard as defined in this code are hereby declared t be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter I1 of this code. Section a0!~ Nuisance: The following shall be defined as a nuisance: ~3: %rnatever is dangerous to human life or is de=rimental to health as determined b7 a health officer. Inadequate or unsanitary sewage or plumbing facilities. Uncleanliness as determined by the health officer. ~'hatever renders air, food or drink unwholesome or detrimental to the health of human beings as determined by the heal:h officer. Section 505(~): Installation and Maintenance: Ail sanita:7 facilities shall be installed and maintained in a safe and sanitary condition and in accordance with the applicable requirements of the Plumbing Code. Section 100!(a): Any building or portion =hereof which is determined =o be an unsafe building in accordance with Section 203 of the Building Code; or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following lis:ed conditions to an extent that endangers the life, limb, health, property, safer7 or welfare of =he public or the occupants thereof shall be deemed and hereby is declared to be a substandard building. Sec=ion !001(b): Inadequate Sanitation. Inadequate sanitation shall include but not be limited :o the following: ~!. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. ~5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. Lack of adequate heating facilities. ~11. Dampness of habitable rooms. ~12. Infestation of insects, vermin or rodents as determined by the health officer. $13. General dilapidation or improper .maintenance. Section 1001(e): Hazardous Electrical Wiring. Eiectrical.wlring Which was installed in violation of code requirements in effec= a= the time of installation or elec:rical wiring no: !ns=ailed in accordance with ~enera!ly accepted construction practices in areas where no codes were in effect or whic has not been maintained in ~ood condition or which is'no: being used in'a safe 'manner shall be considered substandard. Section 1001(f): Hazardous P!umbin~. Plumbing which was installed in viola:ion of code requirements in effect at the time of ins:alia=ion or plumbing no= ins:a!led in accordance wi:h generally accepted construc=ion practices in areas where no codes were in effect or which has not been main:ained in good condition or which is not free of cross-connections or siphonaEe between fix:utes shall be considered substandard. Section 1001(~): Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at =he time of insta!la=ion or mechanical equipment not installed in accordance, with generally accepted cons:ruction practices in areas where no codes were in effect or which has no: been maintained in a Eood safe condi:ion shall be considered substandard. Section 100!(h): Faulty Weather Protection, which shall include but not be iimi:ed =o the following: ~1. Deteriorated, crumbling or loose p!as=er. Section 1001(1): Inadequate Exits. Not withstanding compliance with code requirements in effect a: :he time of :heir cons=ruction, building or portions =hereof shall be considered substandard when the building official finds that an unsafe condition exists throuEh an improper location of exits, !ack of an adequate number or width of exit, or where o=her conditions exist which are dangerous to human life You are hereby advised =hat you have the right to appeal the no=ice and orders to the Housin~ Advisory and Appeals Board. All appeals must be in wri=inE and filed with the Bui!din~ Official within 30 days from :he da:e of service of no:ice and orders. Failure =o appeal wi!! cons:i:ute a waiver of ail right to an administra:ive hearing and de:ermine=ion of the matter. Any fur:her questions, please call 788-9221. Sincerely, LeRoy Goranson Bui!dinE/ZoninE Administrator L~/kp cc: R. Boc~inski, City ~ana~er R. Kalina, City At=orney Jane Wilson, Social Services Stuart Anderson, Chief of Police Sandra Harvey Assis=an= Bui!din~ Inspector Regular Councll Meeti,ng December page 5 6. PUBLIC HEARINGS - CONDEMNATION OF HAZARDOUS BUIDINGS a. 3982 Van Buren Street N.E. The BuTlding Inspector read the Findings of Fact. Thls property.is In' probate and a spokesperson for t~e family of the deceased, Greg Logacz, advised the legal ownership has not been determined yet. The Building Inspector stated that the house cannot be reconstructed for occupancy. Logacz requested an extension of 120 days to raze the building. The Building Inspector felt the unsafe condition of the front porch warranted Its removal. Logacz disagreed with the condition of the front porch..Councilmember Paterson agreed with the Bulldlng Inspector and requested that tf the porch is not removed that some protection be put around the porch, such as a snow fence, so no one could get onto the porch. He requested thls fence be erected within 30 days. Council member Paulson inquired If there is Insurance on the pro- perty and the potential liablllty if there is an accident. He received no response regarding insurance and the City Attorney indicated the City is aware of an existing hazardous situation. Motion by Petkoff, second by Paulson to adopt the Findings of Fact, Conclusions,' and Order as proposed by staff that the building located at 3982 Van Buren Street N.E. must be razed, demolished and removed, the slte restored to a safe condl- tlon wlth fill as necessary within 120 days; and furthermore, that the Mayor and City Manager are authorized to execute the Order. Rol) call: All ayes b. 41L~0th Avenue N.E. .~Tkb.~j-;B~!,Jdtng'lnspector read the FTndlngs of Fact. He stated that many of the more critical problems have been corrected and there is now running water. The house is not presently occupied. The owner, Viva Della Whltt has retained a contractor to do some of the more extensive repairs needed and requested a 60 day extension. The Building Inspector noted that there ls much debris and junk in the house which will need to be removed. Motion by Carlson, second by Paterson to adopt the Findlngs of Fact, Conclusions, and Order as proposed by staff that the building located at.411 40th Avenue N.E. must be razed, demolished and removed, the site restored to a safe condition with fill as necessary within 60 days ; and furthermore, that the Mayor and City Manager are authorized to execute the Order; or, the hazardous conditions of the home at 41l 40th Avenue N.£. must be corrected. ~ol] call: All ayes c. 4212 Fifth Street N.E. Councllmember Carlson advised the Council that this house has been foreclosed and returned to the fee holder. The Building Inspector read the Findings of Fact. He received a letter from a contractor advising that thls dwelllng can not be reconstructed for human habitation.' -Motion by Petkoff, second by Paulson to adopt the Findings of Fact, Conclusions, and Order as proposed by staff that the building located at 4212 Fifth Street N.E. must be razed, demolished and removed, the site restored to a safe condltlon with fill as necessary within 30 days; and furthermore, that the Mayor and City Manager are authorized to execute the Order. Roll call: All ayes ROBERT A. GUZY BERNARD E. STEFFEN RICHARD A. MERRILL DARRELL A. ]ENSEN J~FF~EY S. JOHNSON JON R ~RICKSON LA~NCE R. JOHNSON DAVID A. COSSI ~OMAS P. MALONE MICHAEL E HURLEY VIRGIL G HERRICK H~RM~ L. ZkLLE Berne, Ouzy Steffen, Ltd. ATTORNEYS AT LAW 400 Norchtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55-}33-5489 (6t2) 780-8500 FAX (612/780-1775' Wri:er's D.~rec~ Line: (812) 783-$123 PAMELA M. HARRIS CHARLES M. SEYKORA WILLLAM M. HANSEN DANIEL D, BEVERLY K. DODGE CRAIG M. AYER$ OKEGO V. HERRICK JAMF'S E~ HOEFT JOAN M, QUADE $CO'I-F M. LEPAK STEVEN L MACKF. Y ELIZABETH A. SCHADING \V[LLLAM E HUEFNER ROBERT C. HYNES t935-1993 October 26, 1994 Evelyn Nygaard City Building Inspector City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Re: 41! 40th Avenue N.E. Columbia Heights, Minnesota Dear Erie: This letter is to confirm our telephone conversation of Monday, October 24, !994. After reviewing the file regarding service not completed by the prior law firm, it came to my intention that the Order for Removal is nearly five years old. In talking to you on Monday, I obtained a little bit more of the background of this building. It appears that in 1989 the heat went out in the building, which caused the pipes to freeze and caused water damage. When the tenant was removed from the site, the property was found to be in such poor condition that it needed to be shoveled out. The property since 1989 has been vacant, that the owner of the building has made several attempts to clean up the property without the approval of the City, and has attempted to rent the property several times. The property has apparently been painted and carpeted with the idea that it will be rented as a single- family residence. I also found out that this property is located within a commercial zoning district and'by reason of the lack of use is no longer a legal nonqonforming use. Based upon the information discussed a~ove, I do not believe that an action should have been started under the hazardous building statute. From our discussion,, it appears that much of the conditions that led to the !989 hazardous.building order do not currently exist. If the City wishes to pursue this'as a hazardous building, there must be a-new inspection conducted, and independent findings made that the building is hazardous. If an order for demolition is contemplated, there must be findings that An Equal Page ~ October 26, 1994 cost of repairing the building exceeds its estimated value. We cannot rely upon findings and inspections with regard to the condition of the property five years ago to obtain a hazardous. building order from the court. An add~ticna! question was raised in our conversation on Monday with regard to the structure's status as a nonConforming use. Section 9.312 of the City's code allows nonconforming uses which were in existence prior to the passage of land control ordinance, subject to certain conditions. One of those conditions is that a nonconforming use loses its legal status if the use is discontinued ~cr 1~ ........ ~-~ ..... ~- ~ · ~ .... ==~u~v= m~,~=. The ordinance ~oes on to state that following the discontinuance of use, "any future use of the building premises shall conform to this ordinance." If you ~h~ve any // S inc e~/~y, ' Based upon the description of the current condition of the property, it would be my recommendation that rather than attempting to obtain a new hazardous building order to raze the building, the City should consider issuing a letter to the owner of the building indicating that the structure has lost its legal nonconforming use status and, therefore, cannot be used for residential purposes and must comply with the zoning and building ordinances. questions, please feel free to contact me. vst cc: Pat Hentges RESOLUTION NO. 95-69 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF A HAZARDOUS BUILDING LOCATED AT 411 `*0TH AVENUE NORTHEAST WHEREAS, there is an abandoned building located at 411 40th Avenue which has been vacant since August, 1989, and WHEREAS, the property at 41 t 40th Avenue Northeast has gone tax-forfeit and Anoka County intends to put it up for sale, and WHEREAS, Minnesota Statute `*63.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this abandoned property to be hazardous and non-conforming based on the following code violations as contained in the Findings of Fact: Findings of Fact Zoning non-conformities Sec. 9.10~-(3) (1) Single family residential type buildings in a commercial zone. 9.10,*(.3) Non-Conforming Uses and Structures (a) Any structure or use lawfully existing upon the effective date of this Ordinanceor an amendment thereto may be continued at the size and in a manner or operation existing upon such date except as hereinafter specified and such use shall be a non-conforming use. (2) years. Building non-conforming use discontinued since August of 1989--a period of more than 6 9.104(3) (3) (f) Whenever a non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or snmcrure or land shall be in conformity with the provisions of this Ordinance. The valuation for' t995 as established by Anoka County Assessors is $3,900 for structures and $22,600 for land. The Iow valuation is due in part to the damage and. delapidation caused by water when the boiler went out and the heating and water supply lines froze and burst. The structure now has damage from mold, mildew and dry rot. 9.10~0) Whenever a non-conforming building or structure shall have been damaged by f'u'e, flood, explosion, ea_rthqu~e, war, riot, or act of God, it may be reconsa'ucted and used as before if it be reconstrucmd within twelve (12) months after such calamity, untess ~he damage to the building or s~-ucture is fifty percent (50%) or more of its fair market value, in which case the recons~'ucdon shall be for a use in accordance with the provisions of this Ordinance. NOW. THEREFORE, BE IT RESOLVED, based on the Building InSpector's conclusions that the structure at 411 40th Avenue Northeast is substandard and seriously deteriorated, that it lacks minimum standards for habitable space per Ordinance No. 1281 of the Columbia Heights Zoning Code, and that the su'ucture is non-conforming by its location and type, the Building Inspector is recommending the structures be removed. BE IT FURTHER RESOLVED, that the City Council has approved the following Conclusions: (~©NCLUStONS OF COUNCIL That all relevant parties have been duly notified that the Council will be considering this issue on October 23, 1995. That the vacant and abandoned structure on the tax-forfeit property located at 41 t ~Oth Avenue Northeat is hazardous and in violation of many code and ordinance requirements. That the structure cannot be rehabilitated to bring it into compliance with City codes and ordinance requirements. ORDI~R OF COUNCIL The property, owner, Anoka County., is hereby directed to raze the hazardous structure located at ~.11 40th Avenue Northeast, pursuant to Minnesota Statute 463.15 to 463.26. Passed thisZ3rdday of October , 1995 Offered by: Peterson Seconded by: Sturdevant Roll call: All ayes Anne Student:, 'C°unciTSecretary TO: TR. OM: DATE: RE: CITY OF COLU'M~IA ]tEIGITTS TD, rA GOODR. OAD ZON~'G AND GRAz~ C00Pd:)I2qATOR .]T~[ HOEFT CITY ATTOR~NEY APR.U. 9, 1997 41 t 40TM AVENUE N.E. Certain issues have been raised regarding the above referenced property as it relates to its non-conforming status and its designation as a hazardous building. I will address your concerns in the order presented: Does the condemnation (hazardous building designation) still stand? Yes. In October of 1994, Mr. Herrick from my office drar2ed a letter to Evelyn Nygaard, the city Building Inspector, in&caring that a 1989 designation as a hazardous building should no longer control due to the fact that some improvements were made to the property. It was suggested that a new inspection be conducted and further findings be made as to the status of the building. Pursuant to that direction, Ms. Nygaard did re-evaluate the property, and again determined that its condition was such that it should be classified as a hazardous structure. Of course, there was also no change to the non-conforming status. Pursuant to Ms. Nygaard's re-evaluation, the Council passed Resolution 95-59, requesting removal of the hazardous building located at 41 t 40~' Avenue N.E. This resolution was passed on OcTober 23, 1995. Accordin~y, the Council order finding the property, to be hazardous and to be razed is still in effect. Are there any "loopholes" because either the City or the County. would not raze the structure? No. There is no specified time,fi'me either in the statute or in the City, Charter for the removal of a hazardous structure. Can the order finding the structure to be hazardous and to be razed be appealed? The City follows Nfirmesota Statute 463.15 e~ seq. in making a determination of a hazardous building and the removal thereof. Pursuant to the statute, the first step in the process is for the city to make a finding of a hazardous building and to order the owner to remove the same. If the owner does not voluntarily consent to the removal of the structure, then the city must file its order with the District Court, serving a copy on the property owner. The property, owner then has twenty days from the date of service to serve an answer specifically denying any facts in the Order that are in dispute. If the property owner does not file an answer, then the City may go forward on a default basis and get a district court order allowing the City, to enforce its council Order. If the determination is contested by the property owner, then we would proceed with a District Court trial to determine the exact status and disposition of the property. To date, the City has never filed its Order with the District Court or served a copy - of the same on the owner of the property. Accordingly, if the City wants to follow through with the razing of the structure, the current owner will have an opportunity to challenge that determination in the District Court. Can there be an appeal of the non-conforming status? In th/s case, the non-conformity involves certain setback requirements. Accordingly, the property o. wner may request a variance to the set-back requirements. If the owner also wantid to use the property in a residential manner, the owner would have to seek a variance from the City code provision as to residential non-conformity because of the six month non-occupancy determination. Any variance requested by the property owner would go through the standard variance procedure of presenting the same to the Planning and Zoning Commission, with a recommendation either for or against to the Council. Tina, I hope th/s addresses your concerns regarding the above referenced property. If there are other issues or concerns which arise, please do not hesitate in contacting me. cb AUTHORE3NG A PUBLIC SALE OF TAX-FORFETTED LAND IN ACCORDANCE WI'I"H MINN. ~TAT. 2~2 AND 19"~4 L.AW~ OF Mtl4N., CHAP'I'ER 413 AND Stol tiNG THE TERMS OF THE SALE WHEREA~, ce,'l~ln lands have f~feited to the State ef M[nr,,e~t~, purs~a~ to Mir~. ~ ! 2.82, w~'ch tand~ ~ described ~n Appmts.~ Ust 87 Ex. bit A, Ap~'atseJ List 88 B Exhibit E, Appmbat 91 Ex~ A. C;s~stfication list g2 F_x~b~ A, 8 azx~ H, C[aaslflcat~n ~ 93 Exhibits B and C, 96 F=~ttb~ A ~-~1 El; a~ld, WHEREAS, the Board of Cou~y Commissioners of Anoka ~ h~ ~a~ ~ ~ ~ ~t 87 ~ ~ by R~ ~4, ~ ~ ~ ~ ~ ~ R~ ~ CI~ ~ $0 ~ ~ ~15, C~n ~ 91 ~ R~oI~ 91-16, ~ ~ ~ ~ m~~ In ~ka C~ ~ M~n. ~ ~ 282; ~, WHEREAS, the clas.~?~:ation and s~le of any tax4orfelted lands tying within the bounds of any orgar~l t~vn or in~d mu,ntcip&llty with & taxable value in ex~ess of S20,000 has been approve<t by th~ Town Bo~'d of such town ~r governing body of au~h. muricipNlt~, tns~' as the ta,wds tocat~d ~e~eln~a:re c~oncerned; and, WHEREAS, the Anoka C~unty Boa~-d =f Commiss~ners has determined that it Is advisable to sell saJ~l laz.~; ariel, WHEREAS, ~JI parcels which were approved for saJe by Resc~ulfon ~ c[at~:l May 8, 19G5, which have not bse~ sold, should be wtthdra~wn from sale; ~nd, WHEREAS, the Anoks C_~ E~.rd of Commissioners ha~ take~ certain parcels from Appmis~ List 87 Ex~ A, Appr~saJ I.~ BB-B E.x~l~t E, App.-aJs~ ~ 8e-C F.x~t F, ~cati~ L.L~t 89 F.x~b~ A, C;e. sslf'~.aflon Lflst ~ Ex.~il:x~t A, Cte~sificatio~ List 91 F_:d~bit ~ Cl~~ ~ ~~B~H,~~93~B~C,~fl~U~~A,B ~ C, ~ ~t g5 ~i~A~ B ~d ~~ ~ 96 ~ A ~ B ~ ~~ ~ ~ ~ ~ of ~ ~ f~ ~c ~ p~; ~, WHEREAS, in ~d~nce with Mir~. ~ · ~ ~ p~ u~ Min~ Stat WHEREAS, the Anoka Coum'y Board of Commissionem shaJi pmvid~ ~he Division Me.~age~ of F~ P, ec~rds and Tax~t~o~ with & list of I~rceis of land to be o~"fered f~r saJe under { 282,02 of ~ Minr~eot~ S~,tutes,, and se. id ~ shaJl cont~n a description of the l:~rce~ of t~ncl ~ the WHEREAS, in accordance with 1994 Laws of Mtrm., Chapter 413, An~ka County may conduct · seaJe~ bid ~ ~s an e. ttem~e method of ~r~g of tax f~'feited land; NOW, THEREFORE, BE IT RE~OLVED thst the Anok& County BoaJ'd of' hereby aubml~ ~ ~ of ta.x.forfeff parcels, known as Exh~lts G and K (Pta.tied) and H and J (Unpla~:t~ (~tl~.hed), ~ th=t lh~ Division Mar~ger of Pr~ Reco~s and Taxal~n 1~ hereby RESOLUTION ~-108 ~E IT FURTHER RESOLVED ~ ~ ~ M~ ~ Pr~ ~ ~ T~ ~ ~ ~R~ER REeLeD ~ ~ ~ ~t ~ ~ f~ ~ tn ~ or ~ ~ ~~, ~r31~y~, ~~~~~~im~~mte~ ~ ~ ~RTHER RE~OL~ ~ ~ ~~ ~ Mi~. ~ ~ 28~01. ~. 7, ~t ~ ~2~41 ~t~N~~~e~ ~~at~e~for~p~ ~a~~,~ ~~l~ws~M~"C~413'~s~ ~ ~ ~ ~ ~ ~ ~ Pr~ R~ds ~d T~ ~ 4:~ p.m. ~ ~ 26, 1~, ~ ~ ~a ~n ~ ~ o~ ~ ~m~ ~, 1~, ~ 9:~ ~m., ~ ~ ~ ~~~ngto ~y~~~~. SUBDIVISION LOT BLOCK. RANGE VALUE OF L~ND CiTY OF CCLUMBIA HEIGHTS P~:)NT~,CT THE MUN1CIPAt,rl"Y FOR LOCAL BUIL~ING AND ZONING ORDINANCES, COLUMBIA H~IGHTS ANNE~_ 6P, 35 30 24 14 ~ KEY 257340 LOT2& $11 FT OF LOT 1 BLK 38 COL HT$ ANNEX TO MPI.~ SLI~J TO EASE OF REC 1 7P, 3~ 30 24 3t ~321 KEY 260087 . LOTS 16 & 17 BLKSl COL HGTS .16 61 ANNE;X, SU~J TO ~SE OF REC ~ BU~ WILL ~VE TO D~ ~ ~ ORDER TO ~ ~WN ~l~t~ ~ ~E~SES. ~ ZONED ~M~CI~ C1TY OF COON RAPtD$ CONTACT THE M~N1C1PALITY FOR ~,QCAL BUILDING AND ;~NING ORDINANCES. CARLA DE ADD BP. 2331 24 14 00~ ~ 8.57335 LOT I BLK ;3 CARLA DE ADD SUBJ TO F-ASE OF REC PARK 9P. 11 31 24 $~. 0064 KEY 1O07582 LCq' 4 8LK 1 DEER PAP. K SUEJ TO EASE OF RE{; I OP. 11 31 24 34 0062 ~ 1007662 LOT 12 BLK 1 DEF~ PA~K SUBJ TO EASE OF REC VALLEY 11P. 2{ 31 24 43 0063 KEY ~)717;37 THAT PRT OF LOT 1, DUNNS' VALLEY LYG E OF THE E lINE OF $COTT$ ADDITION, S OF THE $ LiNE OF CREEK VIEW ADDITION & WLY OF THF. FOL DES(; tJNE, BEG AT A PT ON THE S LiNE OF SD ABOVE DE$C TRACT, SD PT BEING 140 FT E OF THE SW COR THEREOF, TH NELY TO A PT 205 FT E & 195 FT $ OF THE NW COR OF 1 3 4 12 20,000 'CiTy OF COLU~IA HEIGI~$ (i~e ~RO ,4~ AYZ~' N,F.., CO{,;,;~;A H~T6, I~iN $5A~. !-3878 (~ 't 2) 7l~,'~-280Q T~r~ 782-2~04; Date: Awil 22, 1997 A~ we di.v~t.~ on fac phone would ~ ret, urrec~ ~mderrm~ l~,~4.ing ~ changed eo a B-2 Oc, cu;~-,w, fi.om R-:~ be ~ ~ meet ~ ~:cessabi]it-y re,'4uim~'m? wr/6~. Thank you for your 1300.1800 [Repealed, 19 SR 1340] ]~TE= This repealer is S~fmc:lvl March 19, 1995. 1300.1900 [Repealed, t9 SR !340] ~IOTE= This repealer is effec=tve March 19, 1995. 1300.2000 [Repealed, !9 SR 1340] . ]iOTE: This r%peale= is effec=ive March !9, 199~. 1300.2050 TITLE. The chapters referenced in part 1300.2400,.subpart 6, including the standards they adopt by reference, are the Minnesota State Building Code, and may be cited as such or referred to as the "code." SA: MS s 16B.61 HIST: 19 SR 1340 NOTE: This par= is e~fec=ive Ma:cH 19, 1995. C 1300.2100 PURi~OSE AND APPLICATION. Subpart 1. Purpose. Parts 1300.2100 to 1300.3100 govern responsibilities undertaken pursuant to Minnesota Statutes, sections 16B.59 to 16B.75. They relate to the administration and enforcement of the Minnesota State Building Code. Parts 1300.3900 to 1300.6300 identify requirements of the code that are mandated by Minnesota Statutes, are needed to address Minnesota's climatic conditions, or are otherwise determined necessary to provide a minimum safe level of construction. The purpose of the code is to provide minimum standards to safeguard life and limb, health, property, and public welfare by regulating and controlling the design, construction, quality, of materials, use and occupancy, location, and maintenance of all structures within a jurisdiction that adopts and enforces the code, and certain equipment specifically, covered by the code. The purpose of the code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of the code. Subp. 2. Application. The code applies statewide except as provided for in Minnesota Statutes, sections 16B.72 and !6B.73, and supersedes the building code of any municipality. The code does not apply to agricultural buildings except with respect to state inspections required or ru!emaking authorized~ The administrative chapter of the ~Unifsrm Building ~ode, chapter !, as amended, governs the application of the code. SA: MS s HIST: 15 SR 74; 19 SR 1340 NOTE: The amenclmen~s .adop~md a~ 19 SR 1340 are March 19, 1995. -77 1994 UNIFORM BUILDING CODE i 1. The capacity of existing structural eiements required to resist forces is not reduced, and 2. The lateral loading to required existing stracru~ elements is not increased beyond their capacity, and 3. New structural elements are detailed-and-connected to the existing structural eiements as r~qu/red by these regulations, and a.. New or relocated nonstruc:urat etements are detailed and connected to existing or new structural ele- ments as required by these regulations, and 5. An Unsafe condition as defined above is not created. 3403.3 Nonstructural. Alterations or repairs to an existing building or structure which are ,~v,ng requ,rea t,re res,stance may be made with thcs ..... .~?~a55~.2~f.~e .bm!d~.n.g..o. structure ture is constructed, am .... ,,,,., ,m~ ui wnlcrl tile aUllCllng or strut- 3403.4 Glass Replacement. The installation or replacement ofglass shall be as required for new installations. 3403.$ HistoNc Buildings. Repairs, alterations and additions necessary for the preservation, res- rotation, rehabilitation or continued use of a building or structure may be made without confor- mance to ail the requirements of this code when authorized by the building official, provided: 1. The building or structure has been designated by official action of the legally constituted au- thority of this jurisdiction as having special historical or architectural significance. 2. Any unsafe conditions as described in this code are corrected. 3. The restored building or structure will be no more hazardous based on life safety, firesafety and sanitation than the existing building. SECTION 3404 ~ MOVED BUILDINGS Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this (~ code for new buildings or structures. SECTION 3405 ~ CHANGE IN USE No change shall be made in the character of occupancies ~)r use of any building which would place the building in a different' division of the same group of occupancy or in a different group of occu- pancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy. EXCEPTION: The character of the occupancy of existing buildings may be changed subject, to the ap- t .proval oft, he building official, and the building may be occupied for purposes in other groups without conform- ' mg to ail the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. No change in the character of occupancy ora building shatl be made withoui a qertificate o}'occu- pancy, as required in Section t09 of this code. The building official ma~, issue a certificate of occu- pancy pursuant to the intent of the above exception without certifyin~ that the building complies ' with all provisions of this code. .. ~ 1--386 (. ~ . . , .,.--~,_~ ,,'.=-. ..~&~:)~;~-~.:~i';~.,~.'~', :. ., ..~. 1994 UNIFORM BUILDING CODE ' APPENDIX CHAPTER 11 accessible to pet3ons with hearing impairments need not exceed the number required by Section l 10,3. 1.2.9.3. 1111.2.3 Performance areas. 'When it is technically infeasible to alter performance areas to be on an accessible route, at least one of each type of performance area shall be made accessible. 11tl.2.4 Platform lifts. Platform lifts may be used when installation of an elevator is technically infeasible. 1111.2.5 Toilet rooms. The addition of one accessible unisex toilet facility accessible to occu- pints on the floor may be provided in lieu of making existing toilet facilities accessible when it is technically infeasible to alter existing toilet and bathing facilities to be accessible. The unisex facil- it,/shall be located on the same floor and in the same area as the existing toilet facilities. Each unisex reviler facility shall contain one accessible water closet and lavatory, and the door shall be lockabte from within the room. When existing toilet facilities are being altered and are not made accessible, directional signs shall be provided indicating the location of the nearest accessible toilet or bathing facility within the building. 1111.2.6 Assembly areas. Seating shall adjoin an accessible route that also serves as a means of e~ress. When it is technically infeasible to disperse accessible seating throughout an altered assem- bTy area, accessible seating areas may be clustered. Each accessible sealing area shall have provi- sions for companion seating. 1111.2.7 Dressing rooms. When it is technically infeasible to provide accessible dressing rooms in each group of rooms, one dressing room for each sex, or a unisex dressing room, on each level shall be accessible. SECTION 1112- CHANGE OF OCCUPANCY Requirements for new construction provided in Chapter 11 shall apply to existing buildings that undergo a change of occupancy group, unless technically infeasible. SECTION 1113 -- HISTORIC PRESERVATION Accessibility provisions of this part shall be appJied to historic buildings and facilities as defined in Section 3403.5 of this code. The building official, after consulting with the appropriate historic preservation officer, shall de- ,termine whether provisions required by this part for accessible routes, ramps, entrances, toilets, parking or signage would threaten or destroy the histor/c significance of the building or facility. If it is determined that any of the accessibility requirements listed above would threaten or de- stroy the historic significance of a building or facility, the modifications of Section 1111.2 for that feature may be uti. lized. 1-419 MWY i_~¥d iO:O~ i~O.UVi of' ~+ :rr CiTY OF COLUi I BIA HEI( TS ~go ~OTH AVENUE N.~'., (~OI.,UMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Date: To: From: Re: May 9, I997 Ken Anderson, Community Development Director Tina Goodroad, Zoning Coordinator /? Mel Collova, Building Official #1727 ,'"'/ff./ff' 4 t 1 N.E. 40m Avenue, Vacant Longer Than Six Months, Condemned December 27, 1989 In the matter of resurrection of this property, the City is bound by the Minnesota State Building Code to treat the structure as a new structure. By statute, building codes ~ subject to appeal. Inspections, plans and specifications shall be completed by an architect and/or engineer duly licensed by the State of Nf_mnesota. Further explanation of the file letter dated March 4, 1997 is as follows: The following requirements are based on 411 40m changing to commercial use. Plumbing Systems All current water saving specifications for plumbing fixtures shall be enforced regarding toilets.- NEED BD FOR TI-IlS WORK All current protection of potable (drinkable) water devices shall be installed such as vacuum breakers on hose connections, reduced pressure zone back flow preventer on boiler,_ etc. - NEED BID FOR THIS WORK The plumbing drain, waste and vent piping will have to undergo an air test and manometer test as required by the code.- NEED BD FOR THIS WORK All fixture clearance and location requirements must be met -INDICATE ON ARCHITECTURAL DRAWING FOR EXISTING BATHROOM- NEED BID FOR TI-lIS WORK Mechanical Systems · The central heating plant (boiler) will have to exceed the m/n/mum ~fficiency requirements set by the State of Minnesota Department of Public Service since it would be cost prohibitive to meet other energy code requirements for Walls and attic.- DONE Building Systems As a commercial property, the structure must meet accessibility requirements and have an accessible route.-FULL ARCHITECTURAL PLANS/SPECI]FICATIONS SHOWING ALL CODES USED FOP. ACCESSmILITY MUST BE SHOWN ON DRAWING. SHOW EACH ROOMS USE ON PLANS AND PROVIDE PLANS OF EXISTING KITCHEN. Since is would be cost prohibitive to meet K19 insulation in the walls and K44 attic insulation, other items such as boiler, water heater, foundation insulation, wirldows and/or exterior door improvements would be alternate' improvements accepted in lieu of attic and wall insulation.- UNDERLINED PORTION MUST BE DONE TO PROVE ENERGY SAVINGS- NEED BID FOR TI-tIS WORK Ail stairwells will have to be repaired or replaced to meet width, rise and mn, guardrait and handrail, headroom re.quirements.- NEED ..THIS CHANGE INDICATED ON THE PLANS/ All bedrooms are required to have an e~ess window meeting current requirerrients. - BUILDING INSPECTOR VERIFIED THAT ALL BEDROOM WINDOWS MEET EGRESS REQUmEMENTS. The roof seems to sag. Shall be investigated by an approved agency and repaired and verified that is meets attic ventilation requirements.- BUILDING INSPECTOR VERIFIED ROOF IS OK. Areas under interior stairs shall be provided with fir_e separation as required.- NEED BID FOR THIS WORK /.~a~,-- 6, Provide natural or mechanical ventilation to basement to meet codes.: NEED BID FOR THIS wORK /'o?o e~- ~,~a~ ~ r=r-,~z3,-~_ ,,~,~,-/~~ Smoke detectors required in all bed~roomse on catch level, and in halls outside the bedrooms.- rms woP Stair handrall/guardraits to meet code 34" to 38" high. No clearance between pickets shall allow a four inch sphere, top.,.ass..through them. All handrails shall terminate at the wall.- NEED BED FOR T~S wo~c ~e/~ Glazing with 24" of doors and glazing in enclosures for tubs, showers, etc. must be safety glazing.- NEED BID FOR THIS WORK /.~ ,.. -~,d C9.~..Z .> '.;f Provide exhaust fan for baths without windov~s- VEKIFY BASEMENT BATHKOOM f Fireplaces shall be inspected and certified safe or permanently rendered inoperable.- CERTIFY SAFE OK MAKE INOPERABLE '¢ '/~Electricat System Electrical boxes of upper floor ceiling must be sealed.- NEED BID FOR THIS WORK- 'Must have ihree-prong outlets and check circuits for overloads- BID RECEIVED. Additional Findings NEED LAYOUT OF BATI-IKOOM ON SECOND FLOOR AND BASEMENT. BID RECEIVED FOR SECOND FLOOR KITCHEN IS OK. NEED PLAN FOR RAMP. ABANDONED EXISTING OIL TANK MUST BE REMOVED ~C CITY OF COLUI BIA HEI( TS 590 4OTN AVENUE: N.E:. (~OLUMBIA HEIGHTS, 1'~4N Date: -To: From: R.e: May 9, 1997 Ken Anderson, Community Development Director,, Tina Goodroad, Zoning Coordinator //,~ Met Collova, Building Official #1727 411 N.E. 40t~ Avenue, Vacant Longer Than Six Months, Condemned December 27, 1989 In the matter of resurrection of this property, the City is bound by the Minnesota State Building Code to treat the structure as a new structure. By statute, building codes are not subject to appeal. Inspections, plans and specifications shall be completed by an architect and/or engineer duly licensed by the State of Minnesota. As required for new residential construction the following requirements are based on 411 40t~ being used as an R-3 occupancy, single family dwelling. The codes followed for this occupancy must be indicated on the architectural drawings. Plumbing Systems All current water saving specifications for plumbing fixtures shall be enforced regarding toilets.- NEED BD FOR THIS WORK All current protection of potable (drinkable) water devices shall be installed such as vacuum breakers on hose connections.- NEED BD FOR THIS WORK The plumbing drain, waste and vent piping will have to undergo an air test and manometer test as required by the code.- NEED BD FOR THIS WORK All fixture clearance and location requirements must be met.- [NDICA~ ON ARCHITECTURAL DRAWING FOR EXISTING BATH:ROOM- NEED BD FOR THIS WORK Mechanical Systems The central heating plant (boiler) will have to exceed the minimum efficiency requirements set by the State of Nfinnesota Department of Public Service since it would be cost prohibitive to meet other energy code requirements for walls and attic.- DONE t3uilding Systems Since is would be cost prohibitive to meet K19 insulation in the walls and R44 attic insulation, other items such as boiler, water heater, foundation insulation, windows and/or exterior door improvements would be alternate improvements accepted in lieu of attic and wall insulation.- THE: CITY OF ~OL.1JMBIA J-J~IGHT$ OO~$ NOT DISCRIMINATE ON THE laA~ll8 OF DISA1BILI'IW IN E:MPL.OYM!a'NT OR THE: PROVISION UNDERLINED PORTION MUST BE DONE TO PROVE ENERGY SAVINGS- ENERGY STANDARDS ARE HIGI--IER FOR R-3 OCCUPANCY. NEED BIIDS FOR THIS WORK All stairwells will have to be repaired or replaced to meet width, rise and nan, guardrail and handrail, headroom requirements.- NEED TI-lIS CHANGE INDICATED ON THE PLANS. All bedrooms are required to have an egress window meeting current requirements. - BI/ILDING INSPECTOR VERIFIED THAT ALL BEDROOM WINDOWS MEET EGRESS REQUmErvmNrs. The roof seems to sag. Shall be investigated by an approved agency and repaired and verified that is meets attic ventilation requirements.- BUILDING INSPECTOR VERIFIED ROOF IS OK. Areas under interior stairs shall be provided with fire separation as required.- NEED BID FOR THIS WORK Provide natural or mechanical ventilation to basement to meet codes.- NEED BID FOR THIS WORK Smoke detectors required in all bedrooms, on each level, and in halls outside the bedrooms.- NEED BID FOR TI-IlS WORK Stair handrait/guardrails to meet code 34" to 38" high. No clearance between pickets shall allow a four inch sphere to pass through them. All handrails shall terminate at the wall.- NEED BID FOR THIS WORK Glazing w/th 24" of doors and glazing in enclosures for tubs, showers, etc. must be safety glazing.- NEED BID FOR THIS WORK Provide exhaust fan for baths without windows- VERIFY BASEMENT BATHROOM Fireplaces shall be inspected and certified safe or permanently rendered inoperable.- CERTIFY SAFE OR MAKE INOPERABLE Electrical System Electrical boxes of upper floor ceiling must be sealed.- NEED BID FOR THIS WORK Must have three-prong outlets and check circuits for overloads- BID RECEIVED Additional Findings NEED LAYOUT OF BATH]ROOM ON SECOND FLOOR AND BASEMENT. ABANDONED EXISTING Or[. TANK MUST BE REMOVED Northwest Electric Electrical Centractor Iro osal Phone: (612)755-2767 JOB NAME C1'I'Y, STATE AND ZIP coDF~c-,J~.,f.~/~/; H/~.~ JOB LOCATION _.~ DATE OF PLANS JOB PHONE , ~ . , - ,,~ ~. '' · /'-,t~...r~lpo~L,'.~eby to furnish materials and. labor - complete.j.cco, rd. anc~ w~_~.he above sp~(~b__ations, for the sum of: Ail m~erio~ is guaranle~d a~ays ~e~ u~ ~r~us~ T~ ~ ~,, ~~ ~ ~i. / I Note: This PrepOlll may bfl~wJthdrawn by ul If not within , days. Signature ~dgnatum Custom Remodelers, Inc. STATE LIC. #0001748 ADDENDUM TO e 474 Apollo D~ive Lind Lakes, MN 55014 (612) 784.2648 · 1-800-240-3038 Fax (612) 783-9050 SALES CONTRACT No, Mr. Wk, Mm, WI<, Ac[dendum # Contract Number :¢tated ,, Buyer agrees to purchase the following described goocls anti services which are ~o be fumlshe~ as a ps~ of the Co~ra~ refe~e~ to above, OR, Buyer r~ue~ ~ Seller ~e the ~tlowlng ~ange~ tn s~ch ~n~a~, pre~ousiy execute~ by the ~a~les hereto, s~bJe~ tO ell the te~s an~ ~n0ttlons ~a lher~n, ex~t ~ o~e~e ~ate~ he.tn: t NOTICE TO THE BUYER 1. DO HOT SION Tflt~ N3~31[H~JM SEFOR~ ~H~ fi, ~ ~OH OF T~E UN~E~NID ~ER(~ A~flO~ES T~T ~CH ~R ~C~VE~ AT THE ~E OF THE ~E~OH ~ THIS ~EN~M ~ ~CT CO~ ~EREOF ~MPLETELY RLLED IN, 8tgn~ , Signed m Custom Remodelers, Inc. STATE LIC. ~0001748 ADDENDUM TO 474 Al:~llo Drive Line Lakes, MN 55014 (612) 784-2646 · t.800-240-3038 Fax (612} 783-9{350 SALES CONTRACT Wi(. Wi<. Adaenaum # ~ Original Sales Contract Number dated Buyer agrees to pumhase 1he followtng cleecrlbe~ g~ode and se~bes whl~ are ~o ~ ~mls~ ~ s pa~ of the Contra~ referre~ ~o above, OR, Buyer ~ue~ ~st $e!l~r make the following ¢h~ges In ~u~ ~ntra~. p~vious~y exec~ by,he pa~es hereto, subje~ to alt the t~ms ~ conditions ~atned ~eretn, ~ ~ ~ho~Me ~ted herein: NOTICE TO THE BUYER 130 NOT ~ON TI'IlS ADDENDUla II~OItE READING IT. YOU. AP, E ENTITY.ED TO AN EXACT COl~' OF THE ADDENDUM YOU $113N, I:X:~P~I'~.Y ~(3NED, F,,AC~H OF THE UNDER~GNED ~,.IYER($) ACKNOWI. EDOE5 THAT :~,JOH BUYF. R RECEIVED AT TIlE TiME OF THE EXECUTION OF THIS ADDENDUM AN EXACT CO~t' HEREOF COMPLETELY RLLEO IN, Custom Rain. ciera, Inc. Signed $1gne~i t~zct ~emodelers~ Inc. Uno Lakel. MN 55014 Fax (~12) NOTICE TO Tt'IE BUYER Custom Remodelers, Inc. STATE LIC, ~r0001748 ADOENDUM 474 A~ollo Drive Line lakes, MN 55014 784.2646 · 1-800-240-303B F~x (812) 783-gD50 TO SALES CONTRACT Oflgln=J Sal~ C0n~ Number Mt. WA. M~I Wi(. Tile,)none No. I' NOTICE TO THE BUYER NOT lION T'l,i~ J.130~[N~JU litton[ R[I,~IN~ IT. t9 lSS7 2201. 107th ;..a~ N'E BI~n~, ~ 55449 post-it" Fax Note OATE Invoice P,O. N~JM~R QUANTITY BID ONLY for 4 t I - 40th Avenue NE N~X~NT 800.0( TOTAL Custom Remodelers, Inc. STATE LIC. #0001748 474 ApotJo Ddvg Uno Lakes, MN 55014 (612) 784.2646 * t-800-240-3038 F~x (812) 783.9050 SALES CONTRACT Date ~r. Mrs. A~lGen~gm # O~tgtnaJ Set~ Contrac~ Number Seller make ~e foiling ~ang~ in such ¢on~ra~. ~ously exec~e~ ~y ~e ~adie~ her~lo, subject to a~J t~e term~ a~ con~Rions I NOTICE TO THE BUYER Au~9oflz~ Represm'~"~~ YOU A~E ENTITLED TO ~ E~CT COPY OF T~ ADD~N~M Y~ SlGN~ ~PLETELY STORED. ~CH 0g ~E UNDERSI~N~ ~YER(~ A~O~E~ES THAT ~CH BUYER R[C~VED AT THE ~ME ~ THE EX[~ON OF ~1S ADD~N~M AN E~CT COPY HEREOF COMPLETELY FILLED Stgnea $~gnea Custom Remodelers, Inc. STATE LIC. ~t300t 74B ADDENDUM TO 474 Ai~olto Drive LJno Lakes. MN 55014 (612) 784.2646 · 1-800-240-3038 FAx (612} 783-90§0 SALES CONTRACT Mrs. WI~. A~l~naum # Tete pi'rune No~ . OflglneJ Se{~ Oontra~ Numl3er Seller make the ~tt~lng ch~g~ In such ~n~a~. ~ously exec~ea by ~he ~a~tes he~t~, suDJe~ to all ~he term~ and 1~ereln, ~ ~ ~he~e etate~ ~etein: l I I - ' NOTICE TO THE BUYER 1. DO NOT SIGN THIS ADDENDUM BEFORE READING iT. 2, YOU AJilE EHTITt. ED TO AN ~ ~0~ OF THE ~D[NDUM Y~ BIGN, O~g[TELY ~GNED, 7 $igne~ C FERRIS TC N~T'L MKTG !D:612-7~6L2579 }UN 03~97 15:~6 No~O0~ P.02 Custom Remodelers, Inc. 474 Apollo I~rive Lind La~,es, MN 55014 (512) 784.2646 · 1-800-240-3038 STATE LIC. #o001748 Fax (612) 783-9050 ADDENDUM TO SALES CONTRACT Mrs. ; dared NOTICE TO THE BUYER YOU ARE E~tTLED TO ~ E~ COPY OF THE ADDENda Y~ SIGN, ~PLETELY SIGNED, ~CH OF TNB UNDERSIGNED ~IR(S) ACKNO~ED~ THAT SUCH ~YER RECEIVED AT ~E ~ME OF THE EXECUTI~ OF ~15 ADDENOUM ~ ~ COPY HEREOF COMPL~ELY RLLEO IN, CuIIOm Remodele~t, tnC, ' Signed $tgne~l 'D ORDINANCE NO. !285 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO HOME OCCUPATIONS The City of.Co!~Bia Heights ~ces ordain: Section Section 9.!03(~1) of Ordinance 853, City Code of !977, which currently reads as follows, to wit: ~,~0~(~X) ~ome Occupations: Any gainful occupation is hereby amended to read as follows: 9.103(31) _~ome OocuDa=ions: Any gainful occupation or profession ~ncaced in by an occuD~nt of.a ~w~l!inc unit. Such u~e.~u~t be ~tear!y_.incidenta! and secondary ~c the principal use of the ~wel_lin~ for residential DurDoses and shall not ~hance the ~esidential character o~ =he d~e!linc or have an adverse effect ~n a~jacent~roDer%ies nor cons%i=ute a nuisance or safety hazard. Section 2: Section 9.~07(3)(d) of Ordinance S53, City Code of 1977, which currently reads as follows, to wit: is hereby amended to read as follows: Home Occupations, subject to the followin. conditions: outside stora=e of products', materials, or e~UiDmen% ~onnected with the hone occupation is permitted. 2. The home cccU~atton.~ust be conducte~ within the or~nc~Det ~J'lding or res'identia] garage. 1. tf =me mome occupation is conducted in a garage, the m~nimum amount o~ required garage Parking spaces s~a~l be maintained for parking. C · · · OC ' , ' b!e fire ....... ..rios e~~e ~raffi¢ ~' th xc~e t e ~ ' ' c s h ~ e ed to cons t e s shall be ~e~ ~ c , ~ , · 0 ~ ~ . ' 9, v Section ~: S~c~ion 9.Z0V(2) (g) of ordinancn No. Code of 1977, which currently rsad$ as wit: im hereby ~leted in its en%~re~V~ S~c=ion 4: This 0=dinance shall be in full farce from and &f~mr ~hirtY (30) days after and e~ect its passag CITY OF COLUM]3IA HIEIGHTS Date: May 28, 1997 To: Tina Goodroad, Zoning Coordinator From: 'Mel Collova, Building Official Re: Requirements for plan submission for 411 40th Attached is a copy of the applicable code sections from the Uniform Building Code pertaining to plans and specifications required to apply for a building permit. Please refer to Section 106.3.3; 106.3.4.1; 106.3.4.2; and 106.3.5 for complete requirements for the issuance of a building permit. If the appeal, variance and Conditional Use Permit is approved the items listed and procedures listed in these sections will be required and carried out. Items listed in the memo dated May 9, 1997 must be incorporated into the drawings and will be the basis for my inspections. No Certificate of Occupancy will be issued until all required work is complete and inspected. If you have any questions regarding the codes please call me at extension 818. C 1994 UNIFORM BUILDING CODE 106.3.1-106.3.5 7. Give such other data and information as may be required by the building official. 106.3.2 Submittal documents. Plans. specifications, engineering calculations, diagrams, soil in- vestigation reports, special inspection and structural observation programs and other data shall con- stitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not re- quire that the plans be prepared by a licensed architect or engineer. The building official may re- quire plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state taw. EXCEPTION: The building official may waive the submission of ptans, calculations, construction inspec- tion reqmrements and other data if it is found that the nature of the work applied.for is such that reviewing of plans is not necessary to obtain compliance with this code, 106.3.3 Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Plans for buildings more than two stories in height of other than Group R, Division 3 and Group U Occupancies shall indicate how required structural and fire-resistive integrity will be maintained where penetrations will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. 106.3.4 Architect or engineer of record. 106.3.4.1 General. When it is required that documents be prepared by an architect or engineer, the building official may require the owner to engage and designate on the building permit applica- tion an architect or engineer who shall act as the architect or engineer of record, tf the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to con- tinue to perform the duties. The architect or engineer of record shall be responsible for reviewing and coordinating all sub- mittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. 106.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the building official within a specified period. Deferral of any submittal items shall have prior approval of the building official. The architect or engineer of record shall List the deferred submittals on the plans and shall submit the deferred sub- mittal documents for review by the building official. Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be in- stalled until their design and submittal documents have been approved by the building official. 106.3.5 Inspection and observation program. When special inspection is required by Section 1701, the architect or engineer of record shall prepare an inspection program which shall be sub- mitted to the building official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals or f'n-ms who are to perform the special inspections, and indicate the duties of the special inspectors. 1-5 CiTY OF COLUMBIA HEIGHTS (l--) 590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 DATE: June 5, 1997 TO: Mayor and City Council Members . FROM: Met Coltova, Building Official ~i727 RE: 4il N.E. 40th Avenue If ~he condemnation of 411 N.E. 40th Avenue is repealed, this office wilt require the following: 1. Submittal of documents - plans, specifications, engineering calculations, and structural observation programs (UBC 106.3.2 and Mn. Rules Chapter 1800 and Mn. Statutes 326.02 to 326.15). 2. Architect or Engineer of Record (UBC !06.3.4.!). 3. A special inspection program prepared by an architect or engineer of.record approved by the Building Official (UBC 106.3.5). 4. A job superintendent approved by the architect or engineer of record (UBC 106.3.5). 5. Recommend total completion of project in twelve (12) months (UBC 106.4.5). THE CITY OF COLUMB{A HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY iN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPOf~TUNITY EMPLOYER COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING OF APRIL 15, 1997 CALL TO ORDER. The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Peterson at 7:00 p.m., Tuesday, April 15, 1997, at the City Hall Administrative Conference Room, 590 40th Avenue N.E., Columbia Heights, Minnesota. ROLL CALL. Commissioners Present: Richard Dustin, Joseph Sturdevant, Meg Jones, Gary Peterson, Donald Jolly, and Robert Ruettimann. Absent: Patricia Jindra. Staff Present: Walter Fehst, Executive Director; Kenneth Anderson, Deputy Executive Director; Becky Townsley, Secretary; Jim Bettendorf, Parkview Villa Housing Manager. Others Present: Tim Yantos, Anoka County; Arijs Pakalns, BRW; Brian Lamb and Steve Mahowald, MCTO; Gordon Awsumb, Harlan Jacobs, Columbia Heights Business Center; Roger Jensen, Anoka County Economic Development Partnership; Harold Houimo PLEDGE OF ALLEGIANCE. ADDITIONS/DELETIONS TO MEETING AGENDA. deletions to the meeting agenda. There were no additions or CONSENT AGENDA. Approval of Minutes. 1) Regular Meeting of March 18, 1997. 2) Special Meeting of March 25, 1997. Financial Report. Payment of the Bills. Approval of Bid to Replace Carpeting. MOTION by Sturdevant, second by Ruettimann, to approve the Consent Agenda. All voted aye. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY. Ao Jim Bettendorf, Housing Manager. Jim Bettendorf, Housing Manager, reviewed the written Parkview Villa Monthly Report and answered Commissioners questions. Mr. Bettendorf also reported that on Friday, April 11, there was a car theft from the Parkview Villa garage. In addition, there was a car theft on Monday, April 14 from the garage and a person was later apprehended in that incident. The maintenance area at Parkview Villa was also broken into and tools were taken. Staff is working on preparing specifications for a security camera system for Parkview Villa which was included in the 1997 Adopted Budget. Commissioners discussed options to camouflage cable that runs from the new personal communication system (PCS) antennas on top of Parkview ~i115 along the side of the building. EDA REGULAR MEETING MINUTES APRIL 15, 1997 PAGE 2 RECOGNITION, PROCL&MATIONS, PRESENTATIONS, GUESTS. Presentation on Proposed Development of MCTO Tran- sit Hub/Center. 1) 2) 3) 4) Tim Yantos, Anoka County. Arijs Pakalns, BRW Brian Lamb, MCTO Steve Mahowald, MCTO The proposed transit hub matter was discussed with the EDA Board of Commissioners at the February meeting and an aerial map and color aerial context photo were reviewed. There was further discussion held on this matter by the EDA at the March 18, 1997 meeting. The EDA expressed reservations about the removal of prime real estate that can be developed to expand the property tax base of the City. The Commissioners previously requested that the consultants consider the west side of Central Ave. at 42nd Street as a site. According to BRW officials and Tim Yantos from Anoka County this site was deemed to be too narrow in width, too shallow in depth, and too steep in topography to accommodate the proposed Transit Hub. To make the site larger, closure of 42nd Street N.E. was also considered. However, this would create problems with area traffic patterns and direct egress from the NEI parking lot to Central Avenue N.E. Therefore, a site plan was not prepared for the transit hub at that location. The four aforementioned gentlemen from Anoka County, BRW and MCTO gave a presentation concerning the proposed MCTO Transit HUB/Center with shelter facilities which will service 6 to 8 buses and is proposed to be located in Columbia Heights. This is similar, although on a smaller scale, to the MCTO facility at Northtown Shopping Center. The Columbia Heights location that is preferred by MCTO, because of transfer times and coordination of the travel time for both trunk and circulator buses, would be a site generally around the 40th and Central Avenue N.E. area. The presenters reviewed with the Board the two favored site alternatives along Central Ave. N.E. - 41st Ave. and 39th Ave. N.E. by showing the site options and various configurations. The presentation provided detailed information about the purpose, function, and operational issues of the transit center and how those issues are impacted by the location of the facility at either of the proposed sites. There was discussion with the EDA stating this project may be incorporated with other plans for redevelopment of the Central Ave. N.E. corridor. Since these projects could be used to help leverage other monies, i.e., Livable Communities Act program funds, it would be reasonable to consider the project for redevelopment. The EDA/City policy for redevelopment of this area is not clearly defined in the Comprehensive Plan. Attached for Commissioners review was the Traffic and Transit Systems section of the Comprehensive Plan. After discussion the Commissioners felt that the most favorable location and the one in the best interest of Columbia Heights would be the Concept A at 39th Avenue. The MCTO and Anoka County officials will proceed with analyzing this site and initiating property acquisition and site development processes. EDA REGULAR MEETING MINUTES APRIL 15, 1997 Presentation on Security Issues at the Columbia Heights Business Center, 3989 Central Avenue N.E. and Parking Ramp. Gordon Awsumb. Mr. Awsumb of the Columbia Heights Business Center was present and reported that 90% of the Business Center is now rented. However, some tenants are considering leaving because of security and crime issues. There were 93 reported police calls within the last 13 months, plus Mr. Awsumb stated there were many times they could have called the Police but did not. This is jeopardizing their ability to secure long term leases with existing tenants. One of the tenants considering moving is the University of Minnesota which occupies one whole floor. Some of the problems are graffiti, broken glass, transients in the parking ramp, and a recent burglary. The Business Center has spent thousands of dollars on a new building access and alarm system. Mr. Awsumb feels there is more that can be done to help the situation. Therefore, he has submitted a formal request for assistance from the City/EDA. Mr. Awsumb reported they are very close to refinancing the building if they can retain the current tenants. He feels this can be done if they can convince the tenants that the building owner and community are doing everything possible to protect their safety. Until something permanent can be accomplished, Mr. Awsumb has requested hourly patrols by the Police Department during evening and early morning hours. He also is requesting, since it is a municipal ramp/ that the EDA/City join with them in a preventative solution such as a camera system. He feels they are very close to creating long term stability, value and a solid tax base for this building. The Commissioners discussed the matter of security cameras with Mr. Awsumb earlier this year as part of a discussion to help alleviate security concerns in order to attract new tenants. Mr. Awsumb would like financial participation in purchasing a camera monitoring system. He has made some progress in long term financing for this facility. If this is accomplished, the outstanding property taxes and penalties due on the facility will be paid in full. This will result in reimbursement of past due TIF revenues from taxes payable the second half of 1995. The security cameras may be an eligible expenditure of the TIF proceeds as per the EDA legal counsel. During discussion Commissioners felt this is a reasonable request to help pay for security. Although they stated the City/EDA may share some of the financial responsibility, there is no money available at this time. They noted there would be money available from TIF revenues after the Columbia Heights Business Center has paid the second half of the 1995 taxes. Commissioner Jolly suggested the Police do a complete security survey. He said it may be possible to provide other types of protection until surveillance cameras can be purchased. Commissioner Peterson feels we should cooperate on the cost because it is our ramp and we have too much invested to turn our back on it. Commissioner Ruettimann stated that now that we (EDA) are aware there is a problem we should: 1) commit half the money to pay for security cameras, 2) that our Police should go through the ramp to evaluate the situation, and 3) that staff create a letter to give to the tenants to let them know that steps will be taken to do what is necessary, within our means, to correct the problem. EDA REGUL;~R MEETING MINUTES APRIL 15, 1997 PAGE 4 Commissioner Peterson suggested we loan them $30,000 and if their taxes are paid up within 90 days the loan would be. forgiven. MOTION by Ruettimann, second by Peterson, that this body direct the President, Mayor as manager of the Police Department, Executive Director Walt Fehst, and Deputy Executive Director Kenneth Anderson, to work with the Police Department on behalf of the City to analyze the situation; then to direct the President to send a letter to Mr. Awsumb explaining our decision in regard to the recent break-in and damage to the parking ramp, that the City/EDA will take immediate steps to attempt to make the ramp a safe, pleasant place to work and park; and furthermore, to also work with the Police Department and the building owners to install a camera system or other security system which is best able to secure the safety of the building. Roll Call: Jones, Dustin, Jolly, Sturdevant, Ruettimann, and Peterson voted aye. MOTION CARRIED. Commissioner Sturdevant expressed concerns that the same incidents do not start occurring in the parking ramp across the street at the medical center, which is also owned by the City. Commissioners requested staff get a copy of the lease for Columbia Park Clinic and a breakdown concerning the City participation and City ownership of the ramp. Also, staff was to check when the lease expires on the Columbia Heights Business Center Ramp and determine which portion(s) of the ramp and plaza is owned by the City. ITEMS FOR CONSIDERATION. A. Other Resolutions ~) Consider Request for Proposals for Pro- fessional Management Services at Parkview Villa and 4607 Tyler Street N.E. Crest View Corporation Steven Scott Management Company Great Lakes Management Wilder Foundation (withdrawn) Ken Anderson reported that as directed by the Commissioners at the special meeting of March 25, 1997, staff requested each of the four contractors submitting proposals to review their proposal and revise the total fee for services, if necessary, based upon comparable staffing levels and a clarification of the financial services provided by the City. The letter distributed to the contractors identified the staffing levels and detailed services to be provided by the contractor. This was also included with the agenda packet. The Wilder Foundation withdrew their proposal because they are part of the same consortium that Crest View Corporation is a member. Three of the contractors submitted responses. First Year Second Year Mgmt. Wages/ Mgmt. Wages/ Fee Benefits Fee Benefits Total Crest View Corporation ~%even Seo%% Managemen% Great Lakes Management Co. $ 9,264 117,000 9,264 121,000 $ 256,528 27,000 141,720 27,000 141,720 337,440 29,700 93,899 29,700 96,716 250,015 ED& REGULAR MEETING MINUTES APRIL 15, 1997 PAGE 5 Mr. Anderson further explained the memo regarding the Management Proposals that was included with the agenda packet. The memo clarified two matters related to the management proposals. First, a letter was attached clarifying the amount of the wages and benefits not-to-exceed figure for Crest View Corporation which is attributable to overtime. There is approximately $8,000 included in the contract for estimated overtime. Removing this amount from the Crest View not-to-exceed figure reduces the total contract cost from $256,528 to $248,528. Secondly, the figures for wages only provided by Great Lakes Management appear to be lower than the minimums allowed by HUD for the Caretaker position. Using the minimum for wages only of $8.50 for a full-time equivalent position, the minimum should be $17,680 for the first year and not $16,800. The net difference would be an increase in their proposal of approximately $880 for the first year. The revised totals for the contract term would be as follows: Crest View Corporation Steven Scott Management Great Lakes Management Co. $ 248,528 337,440 250,895 Mr. Anderson also added that he had talked with Commissioner Jindra, who was unable to attend the EDA meeting° He informed the Board that Commissioner Jindra had asked him to pass along her sentiments, which were that it might be appropriate at this time to look at a change. She also stated she does not think we will have management firms that will submit proposals every 2 years if we always stay with the same firm. She was therefore leaning toward Great Lakes Management to be the new management company. Commissioners questioned if there were any other reasons why Commission- er Jindra did not want to continue using Crest View. Mr. Anderson responded that she had some dissatisfaction regarding the recent carpet installation and associated issues. MOTION by Ruettimann, second by Dustin, to award the proposal for Parkview Villa and 4607 Tyler Street N.E. contract management services to Crest View Corporation for the next two years, based on the estimated fee of $248,528, and authorizing the Executive Director and President to enter into an agreement for same. All voted aye. MOTION CARRIED. B. Bid Considerations. None at this time. C. Other Business. 1) Consider development of EDA Mission Stat- ement and Long Term Goals and Objectives. Commissioner Ruettimann stated he wanted to give the Mission Statement and Long Term Goals and Objectives back to staff for them to sit down to work with our funding limitations and present a realistic achievable program we can proceed with for a shorter length of time. Some suggestions from the Commissioners concerning goals for the next three to four years were scattered site housing, property we own to be sold and/or developed, developing the St. Timothy's senior housing project, and improvements to Parkview Villa. Commissioner Peterson advised if anyone had other ideas regarding the goals to contact Ken Anderson at his office. ED~ REGULAR MEETIN~ MINUTES ~PRIL 15, 1997 P~G~ 6 ADMINISTRATIVE REPORTS. Report of the Deputy Executive Director. Kenneth Anderson reported that the Occupancy Specialist/Family Self- Sufficiency Coordinator, Barb Dock has resigned her position. Mr. Anderson also reported that he had a tour of the TC/American owned building at 3800 5th Street. There has been an offer to purchase the building. Someone has approached the City and stated they wanted a site that has rail access. There was a resolution that had been passed by the City Council in 1995 to abandon these tracks. During discussion Commissioners stated they did not want to delay the process of abandon- ing the tracks. Mr. Anderson indicated that H.B. Fuller has been sold and the new owner is expected to be acquiring the building June 1, 1997. B. Report of the Executive Director. Walt Fehst stated the TIF District scattered site housing/rehabilitation district has a scheduled public hearing with the City Council and more information will be furnished to the Commissioners at the next meeting. At this time there are approximately 220 houses on the list of scattered site housing, where realistically we are probably talking 60 or 70 houses total that will be put on the list for demolition and construc- tion of new homes. C. Committee/Other Reports. 1) Tyler Heights Subcommittee Report. Commissioner Ruettimann reported that Tyler Heights is not owned or managed by the EDA, rather it was purchased by ACCAP. ACCAP has a loan with us for $185,000 which is due in 1998. ACCAP assumes it is an automatic roll over, which is not necessarily true, and the EDA needs to look at an extension fee if we wish to extend the loan. ACCAP was looking at issuing 1 to 2 million dollars in tax-exempt bonds for numerous projects and using some of that money to pay the balance of the EDA loan which is at 8%. ACCAP was informed by Norwest Bank that it is not legal for them to refinance a multi-family issue with tax-exempt bonds. ACCAP wants to know if the EDA will consider a discount in the amount of the money they owe us. They need to improve their overall cash flow since they are currently losing about a $1,000 a month. Staff has met and talked to ACCAP about making improvements such as increasing their rents, reducing the vacancy problems, and addressing problems with condition of their buildings. The EDA has tried to help ACCAP from an operational standpoint to increase their revenues and decrease their expenses. Commissioners felt an early payback would be beneficial to the EDA. Commissioners suggested staff put together a scenario showing a 5 - 7% discount and letting the EDA know what the dollar is worth today (present value) and what the money could be used for if repaid by ACCAP. ~IgI~EN ~0RUM TO ADDRESS EDA ON MATTERS NOT ON AGENDA. EDA REGULAR MEETING MINUTES APRIL 15, 1997 P~E 7 NEXT MEETING. 7:00 p.m., Tuesday, May 20, 1997 at Community Room B at Parkview Villa. ADJOURNMENT. MOTION by Ruettimann, second by Dustin, to adjourn the meeting at 10:50 p.m. Ail voted aye. MOTION CARRIED. Respectfully submitted, Rebecca Townsley, ~ecretary edamin/aprill5 OFFICIAL PROCEEDINGS COLUMBIA I-[EIGHTS TRAFFIC COMMISSION JUNE 2, 1997 "TPKS. SE MI~UJTES NOT APPROVED" The Traffic Commission meeting was called to order at 7:05 P.M. I.. ROLL CALL IH. Present: Staff: Carlson, Duda, Goodman, Jolly, Sturdevant Kathyjean Young, Assistant City Engineer Leonard Olson, Police Captain Jim Hoef~, City Attorney APPROVAL OF MAY 5, 1997 MINUTES Motion by Goodman, second by Sturdev/ant, to approve the minutes of the May 5, 1997 meeting. Roll Call: All ayes. OLD BUSINESS PUBLIC HEARING TO CONSDER ~ INSTALLATION OF SPEED BUtV[PS OR OTHER TRAFFIC CONTROL DEVICES IN THE ALLEY FROM MAIN STREET TO 2N~ STREET FROM 37TM AVENUE TO 38TM AVENUE. At the last Traffic Commission meeting, Commissioners were presented with a petition to install speed bumps in the alley from Main Street to 2nd Street from 37th Avenue to 38m Avenue. Although 10 MPH speed signs are posted at the ends of the alley, traffic continues to drive too fast. Several options were presented to slow down traffic. These included installing speed bumps or blocking off the alley, either in the middle or at one end. Residents present at the last meeting decided it would be good to talk to neighbors about the options presented at the meeting. Staff` presented several types of barriers available and installation costs. Staff` feels the Triton barrier presents the least amount of maintenance. Some residents have difficulty in entering their garage from one direction compared to the other. Police, Fire and Waste Management were contacted to discuss how the options would affect their operations. Fire and Police feel that speed bumps would have no afffect, barriers at one end could present problems during a fire in the area. The Police Chief felt a barrier in the center would provide a speed and crime deterrent. He would like to see the barrier in the center method tried. Waste Management felt that speed bumps would have a minimal affect, that garbage would need to be Official Proceedings Columbia Heights Traffic Commission June 2, 1997 Page 2 picked up on curb instead of in the alley with barriers either at one end or in the center. Curb pick-up would require an adjustment in the Ordinance. City Attorney, Jim Hoeft, indicated that he hasn't found any case law which deals with the liability issue of speed bumps. He indicated he wasn't sure if speed bumps are effective. The League of Minnesota Cities does not recommend the installation of speed bumps or humps on City streets. As they provide insurance to Cities, they would not be in favor of anything that raises the liability. The City of Minneapolis has done an extensive review, have developed good criteria for the installation of alley/speed bumps, and consider the risk manageable. Staff presented a draft policy of criteria to be used for the installation of alley speed bumps. Any issue of compensation to the City for any traffic control device should be addressed by the City Council. The effects of this policy must be considered on a city-wide basis, not just one alley. Anita Rasmussen of 3729 Main Street was present and asked if there were any alternatives to traffic control devices or speed bumps. Commissioner Carlson suggested that a letter be sent to everyone on the block reminding them to reduce speed in the alley and inform them that the Police will be monitoring and enforcing speed limits. Mr. Hoeft felt that a letter without the follow-thru of enforcing speed limits did more harm than good. Captain Olson stated that very few residents have called the Police Department with complaints and suggested that they should get the license number and call it in. The Commissioners felt flags should be installed on the alley speed limit signs. Motion by Carlson, second by Goodman, to deny the request to install speed bumps or other traffic control devices in the alley from Main' Street to 2na Street from 37t~ Avenue to 38t~ Avenue. Roll Call: All ayes. REQUEST FOR ADDITIONAL CONSIDERATION FOR THE INTERSECTION AT 44TM AVENUE AND ARTHUR STREET Ms. Jane Pemble, Anoka County Traffic Engineer, was contacted concerning the discussion of drivers "coasting" through the stop signs at this intersection. Sh~ indicated that the signs are probably not observed very well because they are not warranted on the basis of volume. The signs were probably "grand fathered" in Official Proceedings Columbia Heights Traffic Commission June 2, 1997 Page 3 A traffic safety study will be conducted at this intersection this summer by the County. The study will include traffic counts with turning movements, accident analysis and an inventory of the existing signs such as location, size, visibility, etc. Based on that study, the County will provide recommendations for increasing the effectiveness of the stop signs. The report should be available at the August meeting. Rumble strips are not used on any County roads as they are difficult to maintain and are loud outside of the vehicle. / Motion by Goodman, second by Jolly to re-install flags on the stop signs for the summer months. Roll Call: All ayes. REQUEST TO INSTALL STOP SIGNS ON 3P~ STREET BETWEEN 37TM AVENUE AND 40TM AVENUE At the May meeting, the Commission directed staff to study the intersections to determine if stop signs are warranted on 3~d Street between 37t~ Avenue and 40t~ Avenue as requested by Mr. and Mrs. Brad Miller of 3900 34 St. Traffic counts and speeds were given which showed the average speed of northbound traffic from 37t~ Avenue to Edgemoor Place was from 22 mph to 28 mph while the 85th percentile speed increased from 31 mph to 41 mph. Southbound traffic showed lower counts and speeds. The visibility at each intersection is good although at the comer of 3rd St. and 38t~ Ave. the building does limit visibility of westbound traffic for southbound drivers. Over the past two years there have been no speeding tickets issued and no accidents at the intersections. Staff indicated that the warrants are not met for the installation of stop signs on 3~d Street from 37t~ Avenue to 40th Avenue. Motion by Carlson, second by Duda, to deny the request to install stop signs on 3ra Street between 374 Avenue and 40 th Avenue. Roll Call: All ayes. Official Proceedings Columbia Heights Traffic Commission June 2, 1997 Page 4 Vo OTHER OLD BUSINESS A. NO TURN ON RED SIGNAL AT 37TM AVENUE AND CENTRAL AVENUE There will be an update of this item at the August meeting. NEW BUSI2qESS None. OTHER NEW BUSINESS Commissioner Carlssn stated that the crosswalk on 40th Avenue between the shopping center and the parking lot, east of Central, needs to be painted. Staff responded that the crosswalk gets painted every year and will be done this summer. REPORTS A. CITY ENGINEER 1. SITE PLAN REVIEW FOR AUTOWORLD The City Council denied the rezoning of residential properties needed to proceed with the project. DESIGNATE THE NORTH SIDE OF 40TM AVENUE FROM VAN BUREN STREET TO CENTRAL AVENUE AS '2'40 PARKING". The City Council approved the "No Parking" Resolution for the north side of 40~ Avenue (C.S.A.H. 2) from Van Buren Street to Central Avenue. The resolution is being forwarded to Anoka County for their consideration. REGULAR MEETING DAY The City Council has established a pattern of conducting work sessions on the Monday evenings not reserved for regular Council meetings. Staff asked the Commissioners if they would like to explore the option of Official Proceedings Columbia Heights Traffic Commission June 2, 1997 Page 5 establishing a day other than Monday for the regular Traffic Commission meetings. Commission members responded that Monday was a good day for the meetings. Council members Sturdevant and Jolly agreed. The meeting day will remain the firsi Monday of each month. B. POLICE Ct-IIF, F None C. COMMISSIONERS None. ADJOURNMENT Motion by Sturdevant, second by Carlson to adjourn the meeting at 8:40 p.m. Roll Call: All ayes. Respectfully submitted, Traffic Commission Secretary MINUTES COLUMBIA HEIGHTS SPECIAL C]tARTER COMMISSION MEETING MAY 22~ 1997 7 P.M. COUNCIL CHAMBER CALL TO ORDER The meeting was called to order at 7:05 p.m. by President Bruce Nawrocki. ROLL CALL Members present: Bill Antzaras, Janis Larson, Bruce Nawrocki, Gary Olson, Brian Peterson, Dick Schmidt, Nan Tilkens, Jamie Verbrugge Members absent and excused: Ted Landwehr, John Murzyn, Theresia Synowczynski Members absent and unexcused: Joel Cason, Also present: Don Jolly, Council Liaison; Jim HoerS, City Attorney; Carole Blowers, Recording Secretary NOTE: Since the April meeting, Carol Crema-Klein and Kathryn Smith have been appointed as new members. Membership now stands at fourteen. APPROVAL OF MINUTES Motion by Janis Larson, seconded by Bill Antzaras to approve the minutes of the Special Charter Commission meeting of April 17, 1997. Passed unanimously. President Nawrocki asked the City Attorney for further clarification on eligibility of past members to serve and also when was the last time an attorney's opinion was rendered on referendum questions. OLD BUSINESS Update on Chapter 5, Initiative, Referendum. & Recall When the ordinance change was being prepared for a recent council meeting, several inconsistencies in the language changing "measures" to "ordinances" and "electors" and "registered voters" were found. President Nawrocki also stated that Councilmember Ruettimann contacted him and thought that the dollar amount for legal advice allowed was $300, not $400. Because of these reasons, the ordinance changes have not yet been sent to the council so the Charter Commission can verify all the above. In reviewing past minutes, it was discovered that at the April 18, t996, Charter Commission meeting, the language was changed to the $400. in Chapter 5, Section 36. 5-22-97 Page 1 of 3 Commissioner Tilkens stated there were several instances in the proposed new ordinance language where the word "measures" was not changed to "ordinance" (all throughout Sections 39, 40, 41, 42, 44, and 45) and these were reviewed section by section. Motion by Nan Tilkens, seconded by Bill Antzaras, to approve the language affecting Chapter 5 as submitted by the City Attorney's office for tonight's meeting and as amended as discussed above (changing the word "measures" to "ordinances"), and send this item on to the City Council for their action. Motion passed unanimously. The City Attorney's office will make those changes as noted tonight and prepare the ordinance form for submission to the city council. Keeping Written Records of Work Sessions Discussion was again held on adding language to Section 17 as voted on at the last meeting, which is to add as the second sentence to Chapter 3, Section 17: "Detailed minutes of all discussions, motions or other actions shall be kept for all public council meetings and for meetings of any commissions appointed by the council." Motion by Jamie Verbrugge, seconded by Gary Olson to approve these changes to Chapter 3, Section 17 of the charter and to send the proposed changes to the City Council for their consideration. Motion passed unanimously. The Recording Secretary will prepare the ordinance for this change and review it with the City Attorney before it is placed on the council agenda. Changing Control of the Police Department from the Mayor to the City Manager Further discussion ensued regarding the pros and cons for the change from Mayor to City Manager. It appears that most Charter Commission members have strong feelings one way or the other. Again, it was discussed that such an important item as this should perhaps be best decided by the people, and that it should be put on the ballot this fall. As noted below under "Next Meeting Date", the commissioners decided to have a special meeting in June for the main purpose of discussing this issue again. The City Manager, Mayor, and Councilmembers should also be invited. At this meeting, the Charter Commission should decide if'they should: 1. send the Council recommended changes to the charter to change the control of the police department from the Mayor to the City Manager, or 2. put this item directly on the ballot, or 3. discontinue discussing this item. Reviewing the Charter to Update It Gary Olson asked when we would update the city charter to indicate what parts of the charter are superceded by state statutes. President Nawrocki stated this item would be put on a future agenda for the Charter Commission. 5-22-97 Page 2 of 3 Some time ago, a comparison of a statutory city vs. a charter city was prepared and discussed. Carole will provide copies again to members for their review. NEW BUSINESS Police Officers Delivering Commission Packets Commissioner Tilkens asked why uniformed police officers were delivering their packets. She stated both CSO's and uniformed officers have been delivering her packets. On Friday nights, the CSO's are often on duty as security at Murzyn Hall, so therefore regular officers may be assigned to take packets and deliver them in their assigned area. Nan Tilkens stated that she would prefer to have her packets mailed. NEXT MEETING DATE After discussion, motion was made by Nan Tilkens, seconded by Gary Olson to hold a special meeting on Thursday, June 19, at 7 p.m. at Murzyn Hall. Motion passed unanimously. All Charter Commission members are strongly encouraged to attend this meeting. The purpose of the special meeting is to have continued discussion of changing the responsibility and control of the Police Department from the mayor to the City Manager. If time permits, discussion on updating the charter will also be discussed. The City Manager, Mayor, and City Councilmembers will also be invited to attend. The Recording Secretary will mail a letter to all charter commission members regarding this meeting, as well as inviting the Mayor, City Councilmembers, and City Manager. ADJOURNMENT Motion by Nan Tilkens, seconded by Gary Olson to adjourn at 9:00 p.m. ~.~lly ;~ubmitted, wers Recording Secretary 5-22-97 Page 3 of 3