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HomeMy WebLinkAboutSeptember 13, 1999 Mayor Gary L. Peter$on CITY OF COLUMBIA HEIGHTS Donald G. Jolly 590 40TH AVENUE N,E., COLUMBIA HEIGHT$~ MN 55425-3878 (612) 782-2800 TOD 782-2806 JohnHunter Marlaine Szurek Julienne Wyckoff ADMI NI$ TRA TION City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday September 13,1999 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 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. MOTION: Move to approve Consent Agenda items as follows: 1) Approval of Meeting Minutes - August 23, 1999 MOTION: Move to approve the minutes of the August 23, 1999 Regular Council Meeting as presented. 2) Establish a Joint Meeting with Telecommunications Commission MOTION: Move to establish a special meeting of the City Council and the Telecommunications Commission for Thursday, October 21, 1999 at 7:00 p.m. 3) Joint Budget Meeting with City Council and Park and Recreation Commission MOTION: Move to schedule the 2000 joint budget meeting with the City Council, Recreation Department staff and Park and Recreation Commission on Wednesday, October 27, 1999 at 7:00 p.m. in the Gauvitte Room in Murzyn Hall. Page 1 4) Establish City Council/Library Board Budget Meeting MOTION: Move to establish Tuesday, October 5, 1999 at 6:30 p.m. in the Library Activity Room as the joint City Council and Library Board meeting to discuss the proposed 2000 Library budget. 5) 1999 Community Development Block Grant Contract MOTION: Move to approve the contract agreement for the 1999 Community Development Block Grant Program between Anoka County and the City of Columbia Heights; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 6) Resolution No. 99-72 Regarding the Extension of a Moratorium on Property Owned by St. Timothy's Church MOTION: Move to waive the reading of Resolution No. 99-72 there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-72 being a resolution imposing a four month extension to the moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church. 7) Close Heatings Regarding Rental License Revocations MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by the following owner/properties in that the property is in compliance with the Housing Maintenance Code: Wayne Mecl at 3819 Main Street Northeast, Donn Woods at 1133 45th Avenue Northeast, Terry Thornberg at 4326 Monroe Street Northeast, Joseph Ryan at 1000 41st Avenue #103, Anthony Melton at 3736 3rd Street Northeast, Susan Loewenthal at 4040-4042 Cleveland Street Northeast and Ginger Duckworth at 4356 5® Street Northeast. 8) Establish Heating Date - License Revocation, Rental Property MOTION: Move to establish a hearing date of September 27, 1999 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Joe Bazzett at 4514-4516 Fillmore Street Northeast. 9) Resolution No. 99-73 - 2000 Business License Fees MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-73 being a resolution adopting the 2000 Business License Fee Schedule as presented. 10) 1999 Storm Water Improvements MOTION: Move to authorize Visu-Sewer Clean and Seal, Inc. of Minneapolis, Mn. to clean approximately 1,080 lineal feet of 48 inch storm sewer east of Tyler Street between 43 ½ Avenue and 44th Avenue at a cost not to exceed $21,000 with funding provided by P.I.R. project fund 415-59909. 11) Authorization to Purchase Salt Storage Shed Door for MSC MOTION: Move to authorize purchase of bi-fold doors for the salt storage shed from Schweiss Distributing, Inc. in an amount of $7,615.00 plus tax with funds from 101-43121-5120. Page 2 12) Award of 40th Avenue Street Light Replacement MOTION: Move to award 40th Avenue replacement light to Heights Electric of Columbia Heights, Minnesota, based upon their low, qualified responsible quotation in the amount of $4,350 with funds to be appropriated from Fund 212-43190-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 13) Approval of License Applications MOTION: Move to approve the items as listed on the business license agenda for September 13, 1999. 14) Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. 15) Conditional Use Permit - 4032 Central Avenue Northeast MOTION: Move to approve the conditional use permit to allow the proposed coffee shop at 4032 Central Avenue Northeast subject to the following conditions: 1) All required state and local codes, permits, licenses and inspections will be met and in full compliance; 2) All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; and 3) Waste receptacle shall be provided for patrons using the outdoor seating area. 16) Conditional Use Permit - 4079 Central Avenue Northeast MOTION: Move to approve the conditional use permit to allow the operation of New Horizon Child Care at 4079 Central Avenue Northeast, subject to the following conditions: 1) All required state and local codes, permits, licenses and inspections will be met and in full compliance; 2) All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; 3) A speed bump shall be provided in the drive aisle between the sidewalk along the building and the double-row of parking on the west of the proposed playground. A second speed bump shall be provided in the area in front of the tenant space currently occupied by Sylvester's; 4) The traffic circulation pattern shall be clearly identified and marked on the surface of the parking lot and/or with directional signage; and, 5) The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shall be clearly marked and identified. 17) First Reading of Ordinance No. 1400 being an Ordinance Pertaining to the Rezoning of Certain Property MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to establish September 27, 1999 at approximately 7:00 p.m. as the second reading of Ordinance No. 1400 being an ordinance rezoning 4216 Central Avenue Northeast from LB, Limited Business District, to RB, Retail Business District. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Introduction of a Newly-Hired Employees Sherfi Jensen, Public Works (Parks) Department Shawn Johnson, Public Works Administrative Assistant Aleksandr Chernin, IS Director Matthew Aish, Police Officer Page 3 6. PUBLIC HEARINGS A. Resolution No. 99-75 Being a Resolution Regarding a Public Heating for a Petitioned Alley MOTION: Move to accept the Feasibility Report for the petitioned alley improvement, west of Reservoir Boulevard, 150' south of Circle Terrace Boulevard to Circle Terrace Boulevard. MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-75 being a resolution ordering improvements, P.LR. 1017, west of Reservoir Boulevard, 150' south of Circle Terrace Boulevard to Circle Terrace Boulevard. B. Public Hearing/Second Reading of Ordinance No. 1398, Sale of 4519-4521 Taylor Street Northeast MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1398 being an ordinance authorizing the conveyance of certain real estate at 4519/4521 Taylor Street Northeast. C. Public Hearing/Second Reading of Ordinance No. 1399, Sale of 4642/4644 Taylor Street Northeast MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1399 being an ordinance authorizing the conveyance of certain real estate at 4642/4644 Taylor Street Northeast. D. Resolution No. 99-74 Being a Resolution Adopting a Proposed Budget/Setting Local Levies and Establishing a Budget Hearing Date MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-74 being a resolution adopting a proposed budget, setting the City, HRA, and EDA proposed local levy, and establishing a budget hearing date for property taxes payable in 2000 with the total HRA levy set at $94,752 and the City, Library and EDA levy set at $3,295,956 and the Truth in Taxation hearing date of December 6, 1999 at 7:00 p.m. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1. Resolution No. 99-76 Being a Resolution for Revocation MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-76 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 Susan Loewenthal regarding rental property at 1206-1208 Circle Terrace. Page 4 2. Resolution No. 99-77 Being a Resolution for Revocation MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-77 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 Susan Loewenthal regarding rental property at 1407-1409 Cimle Terrace. B. Bid Considerations None C. Other Business 1) Multi-Use Center Referendum MOTION: Move to approve the date of Tuesday, December 14, 1999 for special election referendum for multi-use center. MOTION: Move to approve referendum ballot language as "Shall the City of Columbia Heights be authorized to issue its general obligation bonds in an amount not to exceed $4,950,000 to provide funds for construction o fa multi-use center addition (meeting rooms for seniors and teens, walking track, fitness center, a multi-purpose area, locker rooms, children '6, indoor play area, and other uses) onto Murzyn Hall in Huset Park ?" 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Park and Recreation Commission August 25, 1999 Meeting 2) Telecommunications Conunission August 19, 1999 Meeting 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Page 5 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 23, 1999 1. CALL TO ORDER/ROLL CALL The meeting was called to order by Mayor Peterson at 7:00 p.m. Present were Mayor Peterson and Council members Szurek, Jolly, Wyckoff and Hunter. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA There were no additions nor deletions to the meeting agenda. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and are enacted upon as part of the Consent Agenda by one motion. Items removed fi.om Consent Agenda approval are taken up as the next order of business. There were no requests to remove any items fi.om the Consent Agenda.) A. Motion by Wyckoff, second by Szurek to approve the Consent Agenda as follows: 1) Ap. proval of Meetine Minutes The Council approved the minutes of the August 9, 1999 Council Meeting as presented. 2) Recommendation to Enter into a Contract for Cleaning Services at GiB' Buildings The Council accepted the written proposal for cleaning services at City Hall, the Municipal Service Center and the Public Library as made by Fidelity Building Services, Inc. and authorized the Mayor and City Manager to enter into an agreement for the same. 3) Authorization to Sell. Salva~,e or Dispose of CiW Property on Sentember 11. 1999 The Council authorized the sale, salvage or disposal of surplus City property as listed to include Municipal Units #3771-1988 Chevrolet Caprice Classic, g406-1988 Caprice Classic and g417~ 1992 Ford Crown Victoria. 4) Establish Heating Dates for License Revocation. Rental Properties The Council established September 13, 1999 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights aga'mst the following owners/properties: Donn Woods at 1133 45m Avenue, Terry Thomberg at 4326 Monroe Street, Joseph Ryan at 1000 41s' Avenue, #103, Anthony Melton at 3763 Third Street, Wayne Mecl at 3819 Main Street, Susan Loewenthal at 1407-09 Circle Terrace, 1206-08 Circle Terrace and 4040-42 Cleveland Street, and Ginger Duckworth at 4356 5t~ Street. 5) Police and Fire Reserve Annreciation Event The Council authorized the expenditure of up to $4,100 fi.om the Special Events budget to host an annual appreciation night for the Fire and Police Reserve Units and that the Mayor and City Manager are authorized to enter into contracts as needed for this event. 6) Change Order No. 1 for Limited Site Investigation for Waste Oil Tank Removal The Council approved Change Order No. 1 to Thatcher Engineering in the amount of $4,747.50 for conducting additional boring investigation at the MSC with 10% of the funding appropriated fi.om Refuse Fund 603-49950-3050. 7) Re~olution No. 99-70 Accentin~ Local Law ]~nforcemcnt Eauinment Block Grant and Annronriatint Matchin~ Funds The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 99-70 BEING A RESOLUTION ACCEPTING LOCAL LAW ENFORCEMENT EQUIPMENT BLOCK GRANT AND APPROPRIATING MATCHING FUNDS WI~REAS, the City of Columbia Heights Police Depm hnent has been granted $23,945 in an equipment block grant fxom the U.S. Department of Justice for the purpose of funding equipment, and WHEREAS, a condition of the grant is that the City provides $2,661 in local match for this grant, and WHEREAS, the City of Columbia Heights Police Department has provided the U.S. Depa,tment of Justice a proposal for implementation of funding for this grant, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City of Columbia Heights enter into a cooperative agreement with the U.S. Department of Justice for thc project entitled "Local Law Enforcement Equipment Block Grant Program" for the period October 1, 1999, to September 30, 2000. That $2,661 be appropriated fi.om unexpended funds in the Police Department 1999 budget to pay the local match. Passed this 23'a day of August, 1999. 2 Offered by: Wyckoff Seconded by: Szurek Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 8) Lease Amendment for Top Valu Liquor at Central Valu Shopping Center The Council authorized the Mayor and City Manager to enter into a lease agreement with Bradley Real Estate for the liquor store located at Central Valu shopping center. 9) U.S. WEST Contract for ISDN Telephone Service The Council authorized the Mayor and City Manager to enter into an agreement with U.S. WEST for ISDN phone service. 10) First Readin~ of Ordinance No. 1398 Being an Ordinance for the Sale of Property Located at 4519-4521 Taylor Street Northeast The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1398 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE AT 4519/4521 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Emesto Payan the real property at 4519/4521 Taylor Street Northeast described as follows, to wit: Lot Twenty-one (21) and the North One-half(½) of Lot Twenty (20) in Block Seven (7) of Sheffield's Second Subdivision according to the plat thereof on file and of record in the office of the Register of Deeds of Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the Purchase Agreement. Section 3: This Ordinance shall be in full force and effect fxom and after thirty (30) days after its passage. The second reading of Ordinance No. 1398 was scheduled for September 13, 1999 at approximately 7:00 p.m. 11) First Reading of Ordinance No. 1399 Being an Ordinance for the Sale of Property Located at 4642-4644 Taylor Street Northeast The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1399 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE AT 4642/4644 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Laj. L. Wang and Phoua Lee the real property at 4642/4644 Taylor Street Northeast described as follows, to wit: Lot Five (5) and the South One-half(½) of Lot Four (4), Block One (1), Sheffield's Second Subdivision according to the plat thereof on file and of record in the office of the Register of Deeds at Anoka, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the Purchase Agreement. Section 3: This Ordinance shall be in full force and effect fxom and after thirty (30) days al%r its passage. The second reading of Ordinance No. 1399 was scheduled for September 13, 1999 at approximately 7:00 p.m. 12) ]~stablish Dates for Council Work Sessions The Council established the dates and times for Council work session as follows; Monday, August 30, 1999 at 7:00 p.m. and Monday, September 20, 1999 at 7:00 p.m. 13) Resolution No. 99-71 Bein£ a Resolution Aece~ting Petition and Ordering Preparati01~ of a Feasibility Re~0g The reading of the resolution was waived there being ample copies available for the public. 4 RESOLUTION NO. 99-71 BEING A RESOLUTION DECLARING THE ADEQUACY OF A PETITION AND ORDERING PREPARATION OF REPORT ON ALLEY IMPROVEMENTS WITH COMPLETE CONSTRUCTION WHEREAS, a petition, signed by all 3 abutting property owners, was received to construct a concrete alley to extend fxom Circle Terrace Boulevard to approximately the south property line of 4116 Reservoir Boulevard. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLLrMBIA HEIGHTS, MINNESOTA, that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. AND BE IT FURTHER RESOLVED that the petition received represents greater than fifty percent of the property having fi-ontage along the alley and therefore the petition is declared adequate. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on the 13® day of September, 1999 in the Council Chambers located at 590 40t~ Avenue Northeast, at 7:00 p.m. and the City Manager shall have mailed and published notice of such hearing and improvements as required by law. Dated this 234 day of August, 1999. Offered by: Szurek Seconded by: Wyckoff Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 5 14) Restricting Parkin~ on 44~ Avenue from McLeod Street to Reservoir Boulevard The Council approved the elimination of parking on the south side of44~ Avenue from McLeod Street to Reservoir Boulevard and also approved the correction of the striping of the street based on the recommendation of the Traffic Commission. The Council approved the removal of the restrictions on the parking on the north side of44~' Avenue from McLeod Street to Reservoir Boulevard based on the recommendation of the Traffic Commission. 15) ,~pproval of License A~nlications The Council approved the license applications as listed. 16) Payment of the Bills The Council approved the payment of the bills as listed out of proper funds. 17) Posting of Turn-Around on 41st Avenue The Council approved posting of the turn-around on the north side of 41~ Avenue as "No Parking" based on a recommendation of the Traffic Commission. 18) Authorization to Seek Bids for Play~ound Eauinment at Prestemon Park The Council authorized staffto seek bids for the replacement of playground equipment at Prestemon Park. 19) Final Payment for Joint and Crack Sealin~ The Council accepted the work for 1999 alley and parking lot crack sealing, City Project 9901(b) and authorized the final payment of $$,074.90 to Bergman Companies, Inc. of Eau Claire, Wisconsin. 20) Authorization to Purchase Community Party Wagon The Council authorized the appropriation of $4,350.52 from Fund 881-00-36230 and authorized the Mayor and City Manager to purchase a trailer at the lowest quote from Hilltop Trailer Sales, Inc. at a cost of $4,350.52 including tax. 21) Extend Memorandum of Understandin~ with Real Estate Ea~uifies This item was removed from the Consent Agenda by the City Manager. Roll call on Consent Agenda: All ayes Extend Memorandum of Understanding with Real Estate Eauities Mr. Boyle, the son-in-law ofRose Ostrander, had requested this item be discussed. Mr. Boyle is representing the interests of Mrs. Ostrander, who owns property located in an area being considered for redevelopment. He stated that Mrs. Ostrander is not opposed to the project. He recalled that the City had received a grant regarding this project in July of 1998. Noting this, he said that, to date, Mrs. Ostrander has received no proposal nor information from the City relative to acquiring her property. The EDA Director advised that an appraisal for the property was not received until June 30, 1999. The project developer has been directed to make an offer to Mrs. Ostrander very soon. Motion by Jolly, second by Szurek to approve the extension of the Memorandum of Understanding (Preliminary Agreement) between the City of Columbia Heights and Real Estate Development Equities Development Company for the LCDA Transition Block redevelopment project; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 5. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Introduction of Newly-Hired Emnloyees Susan Schmidtbauer, Secretary II, Finance Department Rose Knerr, Secretary II - Permits/Licenses, Community Development Paul Frakie, Community Service Officer, Police Department. 6. PUBLIC HEARINGS A) Resolution No. 99-69 Orderin~ and Levvin~ an Imnrovement This resolution is for ordering a mid-block light between 5* and 6~ Streets, 48th to 49th Avenues. Motion by Szurek, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 99- 69 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, on the existing pole behind 4840 6~ Street, numbered 677-Area 35 - Project #9914. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 23~ day of August, 1999, 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 local 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 improvemem and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 35 - Project 9914 for mid-block alley lighting. Section 2. 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. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or paroel of land is the amount as billed annually by Northern States Power. Section 3. That the annual installment shall be paid in full without interest on or before September 15, 2000 (covering September eleclric payable in October, 1999 through 2000), 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 plus Anoka County fee 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-Area 35 for mid-block alley lighting. Section 5. This resolution shall take effect immediately upon its passage. Passed this 23~ day of August 1999. Offered by: Szurek Seconded by: Jolly Roll Call: All ayes Gary L. Peterson, Mayor Jo-Anne Student, Council Secretary 8 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions None B) Bid Considerations None C) Other Business The City Manager referred to the Space Needs Study Committee meeting which preceded this Council Meeting where the upcoming referendum was discussed. The referendum is in regard to the proposed multi-use center. He recommended that the architectural firm which performed the Space Needs Study be considered to do the rendering for the multi-use center as well as addressing furore funding needs for a new library. He felt this firm had an intimate knowledge of what would be needed for space needs for the City. Motion by Wyckoff, second by Szurek to retain Buetow and Associates to do the initial plans and general concept plans for the community center and include what the library would look like at a later date at a cost not to exceed $9,500. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A) Report of the City Manaeer The City Manager reminded the Council of the City Auction scheduled for September 11a. He noted that the van being purchased by the Recreation Department for community use will be delivered soon. A policy for use of this van is being dra~ed by the Park and Recreation Commission. The carpet will be installed this coming week in Murzyn Hall. Councilmember Wyckoff made a request for applicants for service on the Human Services Commission. The Public Works Director advised that the water retention and control strategies put into place for the Prestemon Park area, 49~ and Monroe area and Jackson Pond had worked very well with the most recent hard rain. B) Report of the City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS Minutes fi-om the following board and commission meetings were included in the agenda packet: August 3, 1999 Library Board of Trustees August 2, 1999 Traffic Commission July 28, 1999 Park and Recreation Commission July 15, 1999 Charter Commission July 20, 1999 Economic Development Authority These minutes were for informational purposes only. No Council action was necessary. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes.) The resident at 4645 Fillmore Street had questions regarding the Transit Hub and the status of the demolition of some structures in the City. Staff responded to these inquiries. The resident at 1328 41'* Avenue wanted to discuss the City's policy on retaining walls which are located on private property. The Public Works Director responded to this inquiry. The resident at 4535 Taylor Street inquired if the City-owned properties on Taylor S~'eet, which were approved for sale, would be owner-occupied. He was advised they would be. He also had questions regarding the ownership of some of the dwellings in the proposed mixed housing project on 42"d and Central Avenues. Another concern of his was the behavior of some of the residents in his area. He cited some of the conflicts and questioned how tenants were selected by landlords. 11. J Motion by Hunter, second by Wyckoff to adjourn the Council Meeting at 8:05 p.m. Roll all: All ayes Respectfully submitted, / /Jo-Anne Student, Council Secretary 10 CITY CODI~CIL LETTER Meeting of: September 13, 1999 AGENDA,~ECTION: CONSENT ORIGINATING DEPARTMENT: CITY M/LNAGER'S NO: ~ CITY MANAGER'S APPROVAL ITEM: ESTABLISH A JOINT MEETING WITH BY: LINDA L. MAG~ ~Y: TELECOg~4UNICATIONS CON~4ISSION DATE: SEPTEMBER ~ 1999 DATE: As you are aware, on May 6, 1999, MediaOne and AT & T entered into an agreement whereby MediaOne Group, Inc. will merge into a wholly owned subsidiary corporation of AT & T. AS a result of the merger, there will be a new ultimate parent company. Therefore, the City will need to review the financial, legal, and technical qualifications of AT & T in order to determine whether or not there is a reasonable basis to withhold approval of the transfer of ownership. At the Telecommunications Commission meeting of Thursday, October 21, 1999, staff and the cable attorney for the City will present information as to the legal, financial, and technical qualifications of AT & T. Council action to approve or deny the transfer is tentatively scheduled to be placed on the November 8, 1999, Council meeting agenda. Staff is recommending that a special meeting of the City Council and Telecommunications Commission be held on Thursday, October 21, 1999, at 7:00 p.m. RECOMMENDED MOTION: Move to establish a special meeting of the City Council and the Telecommunications Commission for Thursday, October 21, 1999, at 7:00 p.m. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 13, 1999 AGEND,~ SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: ~1~ Recreation ..~,) APPROVAL ITEM: JOiNT BUDGET MEETiNG WITH CITY BY: Keith WJndschitl~/~ BY: COUNCIL AND PARK & RECREATION COMMISSION DATE: August 26, 1999 No: BACKGROUND: At the July 28, 1999 Park & Recreation Commission meeting, the members agreed to have the 2000 joint budget meeting with the City Council, Recreation staff, and Park & Recreation Commission on Wednesday, October 27, 1999 at 7:00 p.m. in the Gauvi~e Room in Murzyn Hall. RECOMMENDED MOTION: Move to schedule the 2000 joint budget meeting with the City Council, Recreation staff, and Park & Recreation Commission on Wednesday, October 27, 1999 at 7:00 p.m. in the Gauvitte Room in Murzyn Hall. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: Sept. 13, 1999 IAGENDA SECTION: Consent I ORIGINATING DEPARTMENT: ]NO.:,/ I Library IITEM: M. Rebecca Loader ~ffBY: INO': Establish City Council/Library Board I BY: [ budget meeting q.~. q [[ DATE: Sept. 1, 1999 The Columbia Heights Public Library Board would like to meet with the City Council to discuss the proposed 2000 Library budget. The Board is suggesting Tuesday, October 5, 1999, at 6:30 p.m. in the Library Activity Room as the designated meeting time. Recommended motion: Move to establish Tuesday, October 5, 1999, at 6:30 p.m. in the Library Activity Room as the joint City Council and Library Board meeting to discuss the proposed 2000 Library budget. COUNCIL ACTION: CITY COUNCIL LETTER Meetin~ o5 September 13. 1999 AGENDA SECTION: Consent ORIGINATING DEPT.: ~ CITY MANAGER q Community Development L' ' ' APPROVAL NO: ~ .- ~ ~- ~" DATE: August 26, 1599 Issue Statement: Attached, please fred a copy of the agreement between Anoka County and the City of Columbia Heights for the 1999 Community Development Block Grant Program. At this point the City Council is being asked to approve the agreement. Background: In February, 1999 an application for CDBG funds was submitted to Anoka County in the amount of $221,667. The funding breakdown requested in the application was as follows: Commercial Revitalization - $34,417, Public Service Agency - $33,250, LCDA Transition Block Project - $104,000, and lSD #13 Family Center Project - $50,000. You will note that the corm'act budget is different from the breakdown shown above. The $50,000 originally budgeted for the ISD #13 Family Center Project was allocated to the Commercial Revitalization program. Construction was initiated on the Family Center before the contract was signed which rendered the project ineligible for CDBG funding. ~Analysis: The following provides a brief surmmary of the 1999 CDBG Program budget: · Columbia Heights Public Service Pool $5,100 (additional funding of $28,150 under a multi-city eonlract is also provided for a total of $33,250) · Columbia Heights LCDA Project $104,000 Columbia Heights Commercial Revitalization $84,417 ($34,417 originally applied for plus the $50,000 from the ISD # 13 Family Center Project) Staffis requesting that a couple changes be made to Exhibit A of the contract. These changes are described in the attached letter dated August 26 to Heidi Cederstrand, Community Development Financial Assistant. Once this agreement is approved by the City Council and all three copies are signed by the appropriate City officials all the copies will need to be sent back to the County where they will obtain the necessary remaining signatures. One original will be returned to the City. ~Recommendation: Staffrecommends approval oftbe contract agreement for the 1999 CDBG Program between Anoka County and the City of Columbia Heights. Recommended Motion: Move to approve the contract agreement for the 1999 Community Development Block Grant Program between Anoka County and the City of Columbia Heights; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: COUNCIL ACTION: 99-0704 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT between THE COUNTY OF ANOKA, A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA, BY AND THROUGH THE ANOKA COUNTY HOUSING & REDEVELOPMENT AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC AND THE CiTY OF COLUMBIA HEIGHTS This Agreement is entered into this 1st day of July, 1999, between the County of Anoka, a political subdivision of the State of Minnesota, by and through the Anoka County Housing and Redevelopment Authority, a public body corporate and politic (hereinafter referred to as the 'HRA"), and the City of Columbia Heights, 590 40th Avenue N.E., Columbia Heights, MN 55421, (hereinafter referred to es the 'Agency'): The County of Anoka (hereinafter 'County') is an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub. L. 93-393 a~ amended, and will receive block grant funds for the purpose of carrying out eligible communit~ development end housing activities uncleF the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570; An Urban County Consortium has been established by s Joint Cooperation Agreement between the County and municipal corporations within the County, the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; Co The County has entered into a joint powers agreement with the HRA to administer the Community Development Block Grant Program and delegated to the HRA the rights, duties end obligations to disperse, monitor and administer funds under the Community Develol:)ment Block Grant Drogrem, in e manner consistent with terms end condition imposed on the County by agreement, County resolution, HUD regulations, and the Community Development Block Grant Plan; The HRA desires to have certain services performed by the Agency as described within this agreement, and as authorized by County resolutions for the purpose of implementing eligibte activities under the Act end HUD regulations; Eo It is appropriate and mutually desirable that the Ag~.ncy be designated by the HRA to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, state law and local law are adhered to. as provided for herein; -1- The purpose of this Agreement is to provide for cooperation between the HRA and the Agency, as the parties in this agreement, in implementing such eligible activities in the manner described above; The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota. The a~ached exhibits as listed below are hereby incorporated in this agreement and made a part hereof: PART I. PART II. PART III. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G GENERAL CONDITIONS FEDERAL AND LOCAL PROGRAM REQUIREMENTS EVALUATION AND RECORD KEEPING Project Description Summary and Budget Preliminary Project Request 1999 Program as approved by County Board Anoka County Board Resolution No. 85-42 Anoka County Board Resolution No. 85-23 Anoka County Board Resolution No. 86-70 Certification In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. COUNTY AGENCY By: Maureen Devine, Division Manager Governmental Services Dated: APPROVED AS TO FORM: By: Name (typed): Title: Dated: By: Assistant County A~orney Dated: By: Name (typed): Title: Dated: -2- Hereinafter, references to the "County' shell be deemed to be references to the Anoka County Housing and Redevelopment Authority. PART I. ~ [] 1. SCOPE OF AGREEMENT The Agreement between the parties shall consis! of the signature page, the general conditions; the federal, s~ste and local program requirements; the evaluation and record keeping requirements, each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached ss exhibits to this Agreement. The Agency shall perform and carry ou~ in s satisfactory and proper manner the services set forth in the Exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate exhibit. This Agreement may be amended from time to time, in accordance wi~h the general conditions, for the purpose of adding new projects, emending the scope of work, or for any other lawful purpose. 3. COMMENCEMENT AND TERMINATION OF PROJECTS Upon release of project-related funds by HUD pursuant to federal regulations, the County shall furnish the Agency with written notice to proceed. No work on the oroiect shall occur orior to the notice to mrooeed without wri~en approval from the County. Termination dates for individual projects shall be specified in the appropriate exhibits and be in compliance with County Board Resolution #85-23, attached as Exhibit D. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. An The A_~encv shall aoooint a liaison oerson who shall be resoonsible for overall administration of block arant funded nroiect(sI end coordination with the County Housino end Community Develnnment Proorem. The A0encv shall also desionate one or more reoresentatives who shall be authorized tn si_~n the IT~onthly Voucher end Raoo~tin_~ Form. The names of the liaison oersnns end reoresentatives shall be For all agencies which ars presently p.~rtias to Joint Cooperation Agreements with the County covering planning, distribution of funds, and program execution under the Act, the Agency remains subject to the provisions of such agreement. 5. ~:OMPENSATION AND METHOD OF PAYMENT The County shall reimburse the Agency for the services specified in the Exhibits in an amount specified on Exhibit A. Reimbursement shall be based on a Community Development Voucher end Reporting Form submitted with supporting documents and signed by the Agency's authorized representative. B, The Agency shall submit a properly executed Voucher and Reporting Form no later than fifteen (15) working days after the close of each billing period. The County -3. will make payment to the Agency not more than twenty-one (21) working days after said invoice is received and approved by Anoka County. The County will issue a statement of correction voucher in the event that the voucher request ~s erroneous. Payment does not constitute absolute approval. The Agency shall apply the funds received from the County under this Agreement in accordance with the requirements of the Exhibit(s) attached hereto. 7. FUNDING ALTERNATIVES AND FUTURE SUPPORT The Agency shall report all program income generated under this Agreement for the purposes specified herein or generated through the project{s) funded under this Agreement. All program income shall be forwarded to Anoka County. except as provided in Exhibit D. The County will maintain a record of program income received by individual projects for future use by the subgrantee for eligible CDBG activities. The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. Should anticipated sources of revenue not become available to the County for use in the Community Development Block Program, the County shall immediately notify the Agency in writing and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. Either party may request modifications in the scope of services, terms, or conditions of this Agreement, Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. 9. ASSIGNMENT AND SUBCONTRACTING The Agency shall not assign any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the Agency not less than fifteen (1~il days orior to the date of any proposed assignment. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The Agency agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors and of their employees and agents, as it is for the acts and omissions of its own employees and agents. -4- 10. HOLD HARMLESS AND INDEMNIFICATION The Agency further agrees that it is financially responsible (liable) for any audit exception which occurs due to its negligence of failure to comply with the terms of the Agreement. The Agency agrees to protect and save the County, its elected and appointed officials, agents, and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, end causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Agency's employees or third parties on account of personal injuries, death or damage to property adsing out of services performed or omissions of services or in any way resulting from the acts or omissions of the Agency and/or its agents, employees, subcontractors or representatives under this Agreement. For all agencies which are not municipal corporations organized under the laws of the State of Minnesota, the following insurance requirements shall apply: A. Public Liability Insurance The Agency shall obtain end maintain continuously public liability insurance necessary to protect the public on the subject premises naming the County of Anoka and the Anoka County Housing and Redevelopment Authority es insurecJ to the extent of Seven Hundred Fifty Thousand and no/100 ($750,000.00) Dollars General liability Insurance including bodily injury and property damage with umbrella excess liability of One Million and no/100 ($1,000,000.00) Dollars and provide proof of Worker's Compensation Insurance pursuant to the Statutes of the State of Minnesota. The Agency shall cause to be maintained, during the period that contract work is in progress, All Risk Builder's Insurance, (including fire, vandalism, malicious mischief and extended coverages) in an amount not less than the value of destructible contract work in place. The Agency shall provide certificates of insurance required under this section, or, upon request of the County, duplicates of the policies es evidence of the insurance protection afforded. Such insurance policies shall not be reduced or canceled without thirty (30) days prior written notice to the County. 12. CONFLICT OF INTEREST Interest of Officers. Ernolovees. or Aaents - No employee, agent, consultant, officer, or elected or appointed official of the Agency who exercises any functions or responsibilities with respect to Block Grant Program activities assisted under this Program or who ere in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for -5- themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Ipt~rest of Subcontractor and Their Emolovees - The Agency agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect, in this Contract. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the Agency and the County. 13. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1997, Section 13.01 et seq. or any other applicable State statutes and any State rules adopted to implement the Act, as welt as State statutes and Federal regulations on data privacy. The Provider agrees to abide by these statutes, rules, and regulations and as they may be amended. A. This Agreement is subject to termination upon thirty (30) days written notice by the County should: (1) The Agency mismanage or make improper or unlawful use of Agreement funds; (2) The Agency fail to comply with the terms and conditions expressed herein or the applicable regulations and directives of the Federal Government, State, or County; (3) The Agency fail to provide work or services expressed by this Agreement; or (4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material respect. This Agreement may be terminated by the County immediately upon the receipt by the County of notice of the loss of federal funding for the Community Development Block Grant Program or any project of the Agency. C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should: (1) The County fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or -6- Slock Grant funds become no longer available from the Federal Government or through the County, Otherwise this Agreement shall terminate on the latest termination date specified on the Exhibit{s) attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement except the County may terminate the agreement if funds are not expended as required by Exhibit D. E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the County Block Grant fund. Fo In the event that termination occurs under paragraph A(1) of this section, the Agency shall return to the County all funds which were expended in violation of the terms of this Agreement. Upon the expiration or termination of this agreement, the Agency shall transfer to the County any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds. In addition, at the expiration or termination of this agreement, any real property under the Agency's control that wes acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 shall be disposed of in a manner which results in the agency being reimbursed in the amount of the current fair market value of the prope~/less any portion thereof attributable to the expenditures of non-CDBG funds for acquisition of, or improvement to, the real property. Such reimbursement shall not be required if the conditions of 24 CFR ! 570.503(b){8)(i) are met and satisfied. 16. DISPOSITION OF PROGRAM INCOME Upon the expiration or termination of this agreement, program income shall be returned by the Agency to the County. -7- PART II, [] 4. FEDERAL AND LOCAL PROGRAM REQUIREMENTS GENERAL REQUIREMENTS The Agency shall comply with the Housing and Community Development Act of 1974, Public Law 93-383 as amended, and Implementing Regulations at 24 CFR p. 570. PROCUREMENT STANDARDS In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the Agency shall comply with the requirements of the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate, relating to bonding, insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and no/100 ($10,000.00) Dollars. Where federal standards differ from local or state standards, the stricter standards shall apply. The federal standard of Ten Thousand and no/100 ($10,000.00) Dollars for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten Thousand and no/100 ($10,000.00) Dollars. ENVIRONMENTAL REVIEW National Environmental Policy Act - The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (29 CFR pt. 58). The County may require the Agency to furnish data, information and assistance for the County's review and assessment in determining whether an Environmental Impact Statement must be prepared. State Environmental Policy Act - Agencies which are branches of government under Minnesota Law retain responsibility for fulfilling the requirements of the State Law regarding environmental policy and conservation, end regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota Law, the County may require the agency to furnish data, information and assistance as necessary to enable the County to comply with the State Environmental Policy Act. Co Satisfaction of Environmental Reauirernents o Project execution under this Agreement by either the County or the Agency shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts. A written notice to proceed will not be issued by the County until all such requirements ere complied with. The Agency shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, sexual orientation, marital status, race, creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing and Community -8- Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title Viii; Executive Order 11063; Executive Order 11246; and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570.602(b) (1-3) and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570.E02(b)(4). These requirements are summarized in the following paragraphs: The Agency shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race. color, sex, sexual orientation, or national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VII; Section 109. Housing and Community Development Act of 1974). The Agency shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1968, Title VII; Executive Order 1106:3) (1) In all solicitations under this Agreement, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. (2) The Agency shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (Executive Order 11246 as amended) (3) To the greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects (Section 3, Housing and Community Development Act of 1968, as amended). E. Contractors and ;uooliers (1) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, sexual orientation, marital status, race. creed, color, national origin, or the presence of any sensory, mental, or physical handicap. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as emended.) -9- (2) All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; Drovided. that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000. (3) To the greatest extent feasible, the Agency shall purchase supplies and services for activities under this agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community Development Act of 1968, as amended.) F. Notice (1) The A~_encv shall include the provisions of the a~3oroDriate subsections A. C. D. and E of this section in every contract or purchase order for ooods services under this Agreement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. (2) In advertising for employees, goods or services for activities under this Agreement, the agency shall utilize minority publications in addition to publications of general circulation. The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act. as amended (40 USC sections 327-333); ~ that this section shall not apply to rehabilitation of residential proper(y designed for residential use by fewer than eight families. A copy of the current Davis-Bacon wage rate must be included in all construction bid specs and contracts over Two Thousand and no/lO0 ($2,000.00) Dollars. 6. PROPERTY MANAGEMENT The Agency agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Five Hundred and no/100 ($500.00) Dollars or more per item, is upon its purchase or receipt the property of the County and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Appendix N to the U.S. Office of Management and Budget Circular No. A-102 or A-110 as appropriate. B. The Agency shall be responsible for ell such property, including its care and maintenance. The Agency shall admit the County's property management officer to the Agency's premises for the purpose of marking such property, es appropriate, with county property tags. D. The Agency shall meet the following procedural recluirements for all such property: -10- (1) Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; end location, use, and condition of the property. (2) A physical inventory of property shall be taken and the results reconciled with the property records et least once every two (2) years to verify the existence, current utilization, and continued need for the property. (3) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. (4) Adequate maintenance procedures shall be implemented to keep the proper~y in good condition. 7. ACQUISITION AND RELOCATION Any acquisition of real property for any activity assisted under this Agreement shall comply wfth Title I11 of the Federal Uniform Relocation Assistance end Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (40 USC section 4601 ) and the Regulations at 24 CFR pt. 42. Any displacement of persons, business, nonprofit organizations or farms as the result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act as amended by the Uniform Relocation Act Amendments of 1987 T~le IV of the Surface Transportation end Uniform Relocation Assistance Act of 1987 (Pub. L 100-17, 101 Stat. 246-256) and the Regulations at 49 CFR pt. 24. The Agency shall comply with the Regulations pertaining to costs of relocation and written pelicies, as specified by 24 CFR section 570.606 (a) & (b). In any activity assisted under this agreement which results in demolition or conversion to another use of Iow/moderate income housing, the agency will follow the requirements set forth in the revised section 104(d) of the Housing and Community Development Act of 1974, as amended, and implementing regulations. 8. HISTORIC PRESERVATION The Agency shall meet The historic preservation requirements of Public Law 89-665 and the Archeological and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations It 36 CFR pt. 600. Activities affecting property listed i~ or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 68. 9. ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Bardars Act of 1968 (42 USC section 4151 et. seq. & 24 CFR t 40, ct. seq.), -11 - [] 10. NONPARTtCIPATION IN POLITICAL ACTIVITIES The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter 15). 11. NATIONAL FLOOD INSURANCE The Agency may not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93- 234) and the Regulations thereunder (24 CFR Ch. X, subchap. BI. The Agency shall comply with the Regulations at 24 CFR section 670,605. 12. AIR AND WATER POLLUTION The Agency shall comply with the provisions of the Clean Air Act, as amended (42 USC section 1857 et seo.) and the Federal Water Pollution Control Act, as amended (33 USC sections 1251 et see.) and the regulations issued thereunder (40 CFR pt. 15). 13. LEAD-BASED PAINT POISONING The Agency shall comply with the HUD Lead-Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 USC sections 4831 et seo. I requiring prohibition of the use of lead-based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures); elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950. 14. NON-DISCRIMINATION BASED ON DISABILITY When and where applicable, the agency shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and Title II of the Americans with Disabilities Act, Public Law 101-336 (1990), to ensure that no otherwise qualified individual with a disability in the United States shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance under this agreement. 15, NON-SUBSTITUTION FOR LOCAL FUNDING The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. For Agencies which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to grant the County a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and improvements. The Agency shall comply with current County policy regarding transfer of a property interest sufficient to meet the public ownership requirement. -12- In all news releases and other public notices related to projects funded under this Agreement, the Agency shall include information identifying the source of funds as the Anoka County Community Development Block Grant Program. For all construction projects the Agency shall erect a sign to County specifications at the construction site, identifying the source of funds, except that this requirement may be waived for construction projects of Ten Thousand and no/100 ($10,000.00) Dollars or less. 18. APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTR An Agency which is the governmental entity (including public agencies) shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments,* OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR Part 4~} and with the following sections of 24 CFR Part 85 'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments": (1) Section 85,3, "Definitions'; (2) Section 85.6, 'Exceptions'; (3) Section 85.12, "Special grant or subcontract conditions for 'high-risk' grantees"; (4) Section 85.20, 'Standards for financial management systems,' except paragraph (a); (B) Section 85.21, 'Payment," except as modified by ~ 570.513; (6) Section 85.22, 'Allowable costs"; (7) Section 85.26, 'Non-federal audits"; (8) Section 85.32, 'Equipment," except in ell cases in which the equipment is sold, the proceeds shall be program income; (9) Section 85.33, 'Supplies'; (10) Section 85.34, 'Copyrights'; (11) Section 85.35, 'Subewerds to debarred and suspended parties"; (12) Section 85.36, 'Procurement,' except paragraph (a); (13) Section 85.37, 'Subgrants"; (14) Section 85.40, 'Monitoring end reporting program performance,' except paragraphs (b) through (d) end paragraph (f); {15) Section 85.41, 'Financial reporting,' except paragraphs (e), (b), and {e); (16) Section 85.42, 'Retention end access requirements for records'; {17) Section 85.43, 'Enforcement'; (18) Section 85.44, 'Termination for convenience'; (18) Section 85.51, "Later disallowances and adjustments' end (20) Section 85.52, 'Collection of amounts due.' An Agency if it is not a governmental entity, shall comply with the requirements anct standards of OM8 Circular No. A-122, 'Cost Principles for Non Profit Organizations" or OMB Circular No. A-21, 'Cost Principles for Educational Institutions," as applicable, and with the following Attachments to OMB Circular No. A-110; (1) Attachment A, "Cash Depositories,' except for paragraph 4 concerning deposit insurance; (2) Attachment B. 'Bonding and Insurance"; (3) Attachment C, "Retention and Custodial Requirements for Records," except that in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual pe~ormance and evaluation report, as prescribed in § 570.507, in which the specific activity is reported on for the final time; (4) Attachment F, "Standards for Financial Management Systems"; (5) Attachment H, "Monitoring and Reporting Program Performance," Paragraph 2; (6) Attachment N, "Property Management Standards," except for paragraph 3 concerning the standarda for real proper~y, and except that paragraphs 6 and 7 are modified so that - (7) (i) In all cases in which personal property is sold, the proceeds shall be program income, and (ii) Personal proper~y not needed by the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; and Attachment O, "Procurement Standards." -14- PART III. EVALUATION AND RECORD KEEPlNC~ The Agency agrees to participate with the County in any evaluation project or performance report, as designed by the County or the appropriate Federal agency, and to make available all information required by any such evaluation process. AUDITS AND INSPECTIONS The Agency shall obtain an independent audit for any calendar year during which the agency received st least $300,000 of Federal funds. Such audit shall be made by qualified individuals who ere sufficiently independent of those who authorize the expenditure of Federal funds. The audit report shall state that the audit was performed in accordance with the generally accepted govemmentsl audit standards for financial and compliance audits of the U. S. General Accounting Office J f Governmental Organizations. I~'oarams. A~tivifie~. end Functi~n~, end the provisions of OMB A-110. When applicable, the Agency shall also comply with the audit requirements of revised OMB Circular A-133 dated June 30, 1997. The records and documents with respect to all matters covered by this contract shall be subject at all times to inspection, review or audit by the County, Federal or State officials so authorized by law during the performance of this contract end during the period of retention specified in this Par~ III. As required by HUD Regulations, 24 CFR pt. 570, the Agency shall compile and maintain the following records: Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of Appendix G to the U.S. Office of Management end Budget Circular A-102 or A-110 as appropriate. These records shall contain information pertaining to grant awards end authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded block grant projects. Co Relocation - Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation woridoad. Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation. (d) written offer of just compensation, (e) all documents involving conveyance, (f) settlement cost reporting statement, and (g) notice to surrender possession of premises. E. Equal Opportunity - The Agency shall maintain racial, ethnic, and gender data showing the extent to which these categories of I~ersons have participated in, or benefitted from, the activities carried out under this Agreement. The Agency shall also maintain data which records its affirmative action in equal opportunity employment, and its good-faith efforts to identify, train, and/or hire lower- income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the tabor standards made applicable by 24 CFR 570.603. G. Determinations of Condition of Slum and Bliaht The agency will submit: (1) an attorney's opinion that an area designated as slum or blighted for the purpose of qualifying a CDBG activity meets the State or Ioca~ definition of same; (2) the boundary of the area so designated; (3) a list of the conditions the CDBG-funded activity is intended to address. In the event that a single property is designated as blighted, the community must submit · certified building inspector's report on the conditions leading to that determination. The agency will maintain copies of financial statements that indicate the historical and projected income of a company approved for CDBG assistance. Those records will include three years of profit and loss statements, balance statements and projected income statements. The agency will also keep records indicating the amount and terms of assistance provided together with an explanation of how the assistance provided meets the 'necessary and appropriate" requirements communicated in the June 2, 1987 Stokvis memorandum. I. Such other records as may be required by the County and/or HUD. 4. RETENTION OF RECORDS Required records shell be retained for a period of three (3) years after termination of this Agreement, except as follows: (1) Records that are the subject of audit findings shall be retained for three (3) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained for three (3) years after its final disposition. Nonexpendable property is defined in Appendix N to U.S. Office of Management and Budget Circular No. A-102 or A-110 as appropriate. The Agency shall submit such reports as required by the County on a monthly and annual basis and also prior to project execution. -16- EXHIBIT A PROJECT DESCRIPTION AND BUDGET Amount of CDBG funds provided by Anoka County for the program year beginning in 1999 to City ~f Columbia Heights for: Projects Listed Below A description of goods and/or services to be provided by the above-named organization with the assistance of the CDBG funds and the target population to be served: #928 Columbia Heights Public Service Pool $5,100 Funding to public service agencies that deliver services to primarily Iow income persons and families including but not limited to: Hot. Meals for Shutins ($3,100); (2) Children's Home Crisis Nursery ($1,000), (3) Handyworks Program ($1,000). *ADDITIONAL FUNDING OF $28,150 UNDER MULTI-CITY CONTRACT for: Alexandra House (S3,500), ACCAP Senior Outreach ($14,539), ARC of Anoke County ($2,000), CEAP ($1,611), Fathers Resource Center ($1,500), SACA ($5,000). #929 Columbia Heights Uvable Demonstration Account Project (LCDA) S104,000 Acquisition of lend for project that consists of the construction of approximately 22 Iow income tax credit rental units and 50 senior units. This area will be redeveloped into a transition block between existing commercial along Central Avenue and single family residential development surrounding the subject property on the west and north. #930 Columbia Heights Commercial Revitalization $84,417 This activity involves the acquisition and clearance of blighted and deteriorated commercial and industrial properties. The properties that are acquired and cleared must be uninhabitable due to building conditions which are detrimental to the health, safety and welfare of the occupants. The acquisitions will also clear spot blight problems in the major commercial corridors. Properties to be considered will be either vacant or have willing seller, Acquisitions would comply with the applicable relocation policies. Properties will be identified by Community Development (CD) Department staff. An evaluation will be made of the property's physical condition, feasibility of rehabilitation and potential marketability. The City of Columbia Heights will be responsible for making a final determination of the properties to be acquired under this program. City of Columbia Heights Exhibit A Project Description and Budget Page 2. The acquisition and clearance of blighted commercial and industrial properties will be on a scattered site basis and will be available City wide. Properties which are acquired and cleared must be located in commercial and industrial zoning districts and will consist of commercial structures and non-conforming single family homes in commercial zoned districts. Please see attached map for commercial and industrial zone areas. The benefits of the program will be eliminating blight and making property available for commercial redevelopment. Project Details: A detailed description of the goods and/or services to be provided by the above-named organization is contained in the Preliminary Project Requests, which are attached hereto as Exhibit B, and incorporated herein by reference. Note: Above total does not include allocations to Public Services that are under Multi-City Contracts (shown above) or $1,000.00 to County Administration. Liaison per Section 4A: Kenneth R. Anderson Authorized to sign vouchers & reports per Section ,CA: Printed Name Signature Project to be completed by December 31, 2000: Per Anoka County Board Resolution #85-23 CDBG-e9 City of Columbia Heights, MN 1999 CDBG Application Exhibit B Section D I II SECTION D CITY OF COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1999 APPLICATION PROJECT NAME: PROJECT ACTIVITIES: The following projects will be carried out under this activity: Senior Outreach Prooram for Columbia Heiohts Anoka County Community Action Prooram. Inc. (ACCAP) 1201 - 89th Avenue NE, Suite 345 - Blaine, MN 55434 ACCAP will use CDBG funds to operate a Senior Outreach Program. The funds will be used to pay the salary, benefits, travel and related costs of a part.time outreach worker. This individual will work 25 hours per week for 40 weeks and provide assistance to isolated Columbia Heights seniors and disabled adults who are in need of medical, financial, nutritional, housing or advocacy services. It is anticipated that 350 persons will be sewed by this program. Funding for Fiscal Year 1999 ....................................... $14,539 See Exhibit D-1 for additional information. ARC of Anoka County 1201 89th Avenue NE, Suite 305 - Blaine, MN 55434 ARC of Anoka County will use CDBG funds to provide support and advocacy cervices to individuals with developmental disabilities and their families living in the City of Columbia Heights. This support includes information and referral services, one-to-one advocacy, problem solving with adults with disabilities, and tile Toy and Adaptive Equipment Lending Library. Funding for Fiscal Year 1999 ....................................... $ 2,000 See Exhibit D-2 for additional information. P.O. Box 424- Circle Pines, MN 55014-0424 Page 7 City of Columbia Heights, MN 1999 CDBG Application Section O Alexandra House will use CDBG funds to operate its 24 hour emergency shelter for battered women and their children/youth. The funds will be used to help offset part of the cost of providing emergency shelter (room and board) to Columbia Heights women and their children. Funding for Fiscal Year 1999 ....................................... $ 3,500 See Exhibit D-3 for additional information. Children's Home Crisis Nursery 500 Osborne Road, Suite 115 - Fridley, MN 55432 Children's Home Crisis Nursery will use CDBG funds to keep children of families experiencing major stress and crisis safe and nurtured, in other words, to prevent the occurrence of child abuse and neglect. Service is available to all families in Anoka County with children ages 13 and younger. There is no fee for parents who use the service. They are offered the choice of either 72 hours of overnight care or up to ten days of day care. Funding for Fiscal Year 1999 ....................................... $1,000 See Exhibit D-4 for additional information. F{~1~hers' Resource Center 1201 89~ Avenue NE, Suite 305 - Blaine, MN 55434 Fathers' Resource Center will use CDBG funds to support a Site Manager, parenting classes, fathers' support groups, anger management classes, end family law clinics. This would be a new service in Columbia Heights and would serve approximately 1,200 families in Anoka County. It is estimated that approximately 6-7% will be from Columbia Heights. The mission of the Fathers' Resource Center is to foster environments that empower men to develop the inner resources to be the kind of fathers their ~hildren and families need by providing resources that effectively educate, advocate end support fatherhood. Funding for Fiscal Year 1999 ....................................... $1,500 See Exhibit D-5 for additional information. Community Emeroencv Assistance Prooram CEAP 7231 Brooklyn Boulevard - Brooklyn Center, MN 55434 CF. AP will use CDBG funds to serve Columbia Heights residents and Page 8 City of Columbia Heights, MN 1999 CDBG Application Section D families in need. Services include food, clothing and financial ass[stance. This program provides services, anti works cooperatively with other organizations before a crisis becomes critical. Funding for Fiscal Year 1999 ...................................... $1,611 See Exhibit D-6 for additional information. Hqt Meals for Shut-Ins 550 Osborne Road NE - Fridley, MN 55432 Hot ~ea. ls for Shut-Ins a./k/a Meals on Wheels will use CDBG funcis to provide nutritious meals to home-bound seniors and disabled adults in Columbia Heights. The funds will be used to pay for the cost of meals purchased from Unity Hospital. Funding for Fiscal Year 1999 ........................................ $ 3,100 See Exhibit D-7 for additional information. SOuthern Anoka Community Assistance. Inc. ¢SACA~ 627 - 38th Avenue NE - Columbia Heights, MN 55421 SACA will use CDBG funds for its a)dsting food shelf which serves the southern Anoka County area. The funds will be used to purchase food Stuffs. Funding for Fiscal Year 1999 ........................................ $ 5,000 See Exhibit D-8 for additional information. 6085 7~ Street NE - Fridley, MN 55432 The Fridley/Columbia Heights Handyworks Program will use CDBG funds to provide household chore and maintenance services to disabled persons of all ages and those age 60 and over who live in the Ffidlay/Columbia Heights/Hilltop area. The goal of the program is to help disabled persons and the older adults continue to live safely end independently in their own homes. In 1~98 the Handyworks Program served 357 clients with 142 (40%) from Columbia Heights. There was a total of 2,400 hours of service with 973 hours (41%) serving the City. Funding for Fiscal Year 1999 ........................................ $1,000 See Exhibit D-9 for additional information. Page 9 Exhibit B City of Columbia Heights, MN 1999 CDBG Application Section E II III IV V SECTION E CITY OF COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1999 APPLICATION PROJECT NAME: Liv{~ble Cqmmunities Demonstration Account (LCDA) Proiect PROJECT ACTIVITY: CDBG funds will be utilized for acquisition, relocation, demolition, and site restoration. This project will consist of the construction of approximately 9 owner-occupied townhouse units, 22 Iow income tax cred{t rental units, and 50 senior units. This area will be redeveloped into a transition block between existing commercial along Central Avenue and single family residential development surrounding the subject property on the west and north. The concept for this project was proposed during a visit by the Minnesota Design Team during the first weekend of May, 1998. PROJECT DURATION: It is anticipated that the requested CDBG funding will be utilized for acquisition, relocation, demolition, and site restoration by the end of the 1999 CDBG grant cycle. The physical development of the project is expected to be phased over the next couple years. PREVIOUS FUNDING: This will be the first year that the CDBG funds have been requested for this project. As stated above, it is anticipated that CDBG funding will be utilized by the end of the 1999 CDBG grant cycle. COMMUNITY PROBLEMS ADDRESSED: The project will increase residential density near downtown Columbia Heights and will provide a transition block between Iow density single family ~;esidential land use and the existing commercial development along Central Avenue. The mix of housing will provide needed housing opportunities as identified in the 'City of Columbia Heights Life Cycle Housing Study for the Year 2010" which was completed during May, 1998 (attached). According to this Study, about 99 ownership townhouses and about 421 rental units should be added to the existing housing stock in Columbia Heights. Because the greatest need for additional housing units in Columbia Heights is for rental units, development of new rental housing is the use most highly recommended for vacant or redevelopment sites in the City. Particularly needed are rental units for older people, as well as for young people just starting out and young families with children. By adding the proposed combination of Page lO City of Columbia Heights, MN 1999 CDBG Application Section E owner-occupied, rental, and senior housing, the project will provide needec~ affordable housing opportunities in the City. By providing affordable housing opportunities, the activity will meet CDBG National Objectives by benefitting Iow and moderate income persons. VI FUNDING SUMMARY: Total projected funding for the 1999 CDBG grant cycle ...................... $104,000 The funds will be expended as follows: a. Project Expenses ...................................................................... $8:~,200 (Acquisition, Relocation, Demolition and Site Preparation) b.. City Administration of the Program ........................................... $20,800 (Time spent by City staff identifying properties to be acquired, negotiating purchase, coordinating demolition, clearance, and site preparation and marketing properties for redevelopment.) VII COST DETAIL: See above. VIII PROJECT AREA: The project area consists generally of the prope~ located at 825 41' Avenue NE. Other properties that may be subject to acquisition, relocation, demolition, and site restoration include 4156 Central Avenue, 4150 Central Avenue, and 4157 Jackson Street. Please see the attached map and draft site plan. LARGER EFFORT: This activity is part of a larger effort to apply both grant funds and City financing to increase affordable housing opportunities and density near downtown Columbia Heights. X CONTACT PERSON: This activity will be carried out by Real Estate Equities Development Company (see attached Memorandum of Understanding) and the Community Development Department of the City of Columbia Heights. QuestiOrle regarding the program should be directed to Joseph Hollman at (612) 782-2856. REIMBURSEMENT AUTHORIZATION: The following persons are authorized to sign payment vouchers: · Kenneth R. Anderson - Community Development Director · Walter R. Fehst - City Manager Page11 Exhibit B City of Columbia Heights, MN lg9g CDE)G Application Section C II SECTION C CITY OF COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1999 APPLICATION PROJECT NAME: Commercial Revitalization Pr0qr{~m, Acquisition and Clearance of Deteriorated Commercial Prcoerties PROJECT ACTIVITY: This activity involves the acquisition and clearance of blighted and deteriorated properties in commercial and industrial zoning districts. Properties that are planned for future commercial or industrial development or are located within a focus redevelopment area as designated in the City Comprehensive Plan will also be considered. One objective of this program will be to acquire and clear properties that are uninhabitable due to building conditions which are detrimental to the health, safety and welfare of the occupants. Another objective will be to clear spot blight problems in the areas designated for continued or future commercial and/or industrial growth. Properties to be considered will be either vacant or have a willing seller, and all acquisitions would comply with the applicable relocation policies. Geographically, the subject area for use of 1999 Commercial Revitalization funds will contain the properties zoned or planned for commercial or industrial development or redevelopment, generally south of 43'~ Avenue NE and between Central Avenue and University Avenue. Please refer to the attached map to see the project area. Specific properties will be identified by Community Development Department staff. An evaluation will be made of the property's physical condition, feasibility of rehabilitation and potential marketability. The City of Columbia Heights will be responsible for making a final determination of the properties to be acquired under this program. Properties which are acquired and cleared must be located in commercial and industrial zoning districts and will consist of commercial and industrial structures and non-conforming residential units in commercial and industrial zoned districts or areas planned for future commercial/industrial development or for future redevelopment. The benefits of the program will be eliminating blight and making property available for commercial redevelopment. This activity will be carried out by the Community Development Department under the program known as the 'Commercial Revitalization Program.' Page 4 City of Columbia Heights, MN 1999 CDBG Application Section C III PROJECT DURATION: This activity is part of a continuing effort by the City to acquire substandard and deteriorated properties which are considered blighting influences to the existing or planned commercial and industrial areas in the City. IV PREVIOUS FUNDING: The 1997 end 1998 applicetionsincluded CDBG funds to be usedforthistypeof Commercial Revitalization Program. 1997 $128,036 1998 $124,473 V COMMUNITY PROBLEMS ADDRESSED: This activity will help the City address the problem of vacant, substandard commercial/industrial Structures or residential structures in commercial/industrial zoning districts and areas planned for future commercial development or redevelopment which represent not only a blighting influence on surrounding properties, but also a hazard to the general public. The existence of blighted properties may retard the marketability of a commercial area and can often limit plans for expansion of an adjoining business. The activity is considered eligible under CDBG regulations 'Special Economic Development' and meets CDBG National Objectives found in s570.203 (a) and (b) 'Activities to address blight on · spot basis.' VI FUNDING SUMMARY: Total projected funding for the 1999 CDBG grant cycle ...................... $34,417 The funds will be expended as follows: a. Project Expenses ...................................................................... $27,534 (Acquisition, Demolition and Clearance) City Administration of the Program ........................................... $6,883 (Time spent by City staff identifying properties to be acquired, negotiating purchase, ~oordinating demolition and clearance and marketing properties for redevelopment.) VII COST DETAIl.: See above. VIII PROJECT AREA: Geographically, the subject area for u~e of 1999 Commercial Revitalization funds will contain the properties zoned or planned for commercial or industrial development or redevelopment, generally south of 43'~ Avenue NE and between Central Avenue and University Avenue. Applicable zoning districts include the Central Business District (CBD), Retail Business District (RB), Limited Business District (LB), General Business District (GB), and Industrial Districts (I) and (I-2). Please refer to the attached map to see the project area. Page 5 City of Columbia Heights, MN Section C 1999 CDBG Application IX LARGER EFFORT: This activity is part of a larger effort to apply both grant funds and City financing to eliminate blighted structures in commercial/industrial districts and single family structures in commercial/industrial districts. X CONTACT PERSON: This activity will be carried out by the Community Development Department of the City of Columbia Heights. Questions regarding the program should be directed to Joseph Hollman at (612) 782-2856. REIMBURSEMENT AUTHORIZATION: The following persons are authorized to sign payment vouchers: · Kenneth R. Anderson - Community Development Director · Walter R. Fehst - City Manager Page 6 Exhibit C Urban Anoka County CDBG 1999 Final Statement of Community Development Objectivsa end Projected Use of Funds Pursuant to Community Development Block Grant regulations, Anoka County has made available to the public the following statement of final use of 1998 Anoka County CDBG funds. Citizens, non.profit groups, and other interested persons are invited to comment upon this statement and upon Anoka County's performance of the CDBG prog ram by contacting Anoka County Community Development, Government Center, 2100-3rd Avenue, Anoka, MN 55303, telephone number 323-5709, Attention: Jennifer Bergrnan. SPECIFIC OBJECTIVES FOR 1999 ANOKA COUNTY The following objectives have been established for assisting communities and citizen groups in the formulation of specific program activities. Suppo~ decent, safe housing for residents in Anoka County through: (1) rehabilitation of existing structures; (2) eligible assistance for construction of new lower income housing; (3) acquisition of housing suitable to meet lower income needs. Assist program afro,s to redevelop blighted areas through: acquisition and clearance, upgrading public facilities and utilities, encouraging new development, seeking local financial commitment to the effort. Develop and upgrade public facilities and utilities which serve primarily lower income persons or which are an integral part of redevelopment efforts in blighted areas. Support economic development in Anoka County to provide new jobs, primarily for lower income persons. 5. Promote the removal of architectural barriers. 6. Provide funding for public service activities which serve primarily lower income persons. 7. Planning and administration to support the above. The above ob~eclNea were dev~ in cooperation with the communities in Anoka County and are based on need aa illustrated by ~lati~ce drawn from the 1990 census data and comments from community residents. Overall, lhey are · continuation of past CDSG programs, with many communities sustaining efforts begun in those years. 4/22/99 1998 Final Statement of Community Development Objectives and Projected Use of Funds CITY/ AVAILABLE FUNDING AREA NUMBER PROJECT BUDGET ANDOVER II N/A $53,372.00 Andover Public Services P0ol Awards of CDBG funds to public service agencies that deliver services to primarily Iow income persons and households including but not limited to the following agencies, *ALL FUNDING OF $8,000 UNDER MULTI-CITY CONTRACTS for: ACCAP-Senior Outreach(S2,052), CEAP($1,226), Alexandra House(S545), Family .Life Mental Health(S817), North Anoka Meals on Wheels ($1,173), North Suburban Counseling(S817), Northwest Suburban Kinship(S545), RISE, Inc.($825) 570.201 (e) GOAL 6 921 Andover Redevelooment Plan Preliminary master plan for identified redevelopment area on Crosstown and 138th Ave.. 570,205(a) . $10,000 7 922 Andover Neiahborhood Park Accessibilib/ Continued from 1998. Funds will be used towards making existing parks handicapped accessible (sidewalks, ramps, etc.) 570.201 (c) [0419-6011-64608-41822] $26,872 923 Andover Community Center Plan Execution of preliminary study to determine facilities needs and placement of the Andover Community Center. 570.205(a) $7,500 7 -1- ANOKA $161,912 924 963 965 969 N/A Anoka Public Services Po9I Awards of CDBG funds to public service agencies that deliver services to Iow income persons or households including but not limited to: (1)ANOKA SENIOR VAN TRANSPORTATION (DISTRICT #11) for elderly persons located at 2727 North Ferry Street in Anoka, MN($5,700). 'ADDITIONAL FUNDING OF $19,800 UNDER MULTI- CITY CONTRACT for: ACCAP- Senior Outreach Worker(S8,200), Alexandra House ($2,200), CEAP($2,000), Family Life Mental Health Center(S2,200), Fathers Resource Center(S1,000), North Subud3an Counseling Center(S2,000), Northwest Suburban Kinship(S2,200) 570.201 (e) [0419-6012-64751-41824] Anoka Community Develooment Intern Funds used to employ services of intern to assist the Community Development Director and Planning Director with vadous special projects. 570.205(a)(2),(3) [0419-6012.64410-41863] ~,noka Housina Soecialist Funds used to employ services of a part time coordinator to assist in the implementation of the housing programs of the Anoka Housing and Redevelopment Authority. 670.205(a)(4) [0418.6012-64410-41866] Anoka Senior Center Facility Renovation of senior center at 1502 6th Ave. to upgrade and provide accessibility to facility. 570.201 (c) [0419-6012-64608-41869] Anoka Housin¢= Rehabilitation Home improvements for Iow-income single family homeowners in the City of Anoka. 570.202 $5,700 $14,000 $19,000 $50,912 $51,500 6 7 7 5 -2- BLAINE 957 3,000 $176,873 960 Blaine Public Services Pool Awards of CDBG funds to public service agencies that deliver services to Iow income persons or households including but not limited to: (1) Children's Home Crisis Nursery *ADDITIONAL FUNDING OF $20,500 UNDER MULTI-CITY CONTRACT for: ARC of Anoka County ($3,500), ACCAP Senior Outreach(S3,500), Family Life Mental Health(S5,000), Northwest Suburban Kinship(S3,500), North Suburban Counseling Center ($5,000). 570.201 (e) Blaine A¢¢AP (;reatino Community Cooperative planning organization to connect citizens, business leaders, churches and policy makers to create better communities by planning services to meet needs. 570.205(a) [0419-6014-64410-41860] $2,600 7 961 964 Blaine 1-35W Corridor Coalition-Plannin(3 A cooperative project with other communities to develop and plan for land use along 1-35W, 570.205(a)(3) [0419-6014-64410-41861 ] Blaine Rehabilitation/Relocation Funding to rehabilitate the four-plex building at 1120 89th Avenue NE, Lane for use as transitional housing for families. Services will be provided by Lutheran Social Services. The building will house LSS clients and will provide stays of up to six months. 570.202 $17,775 $67,593 7 1,3 965 I~laine Rehabilitation/Relocation (con't~ Funding to rehabilitate the four-plax building at 1161 89th Avenue NE, Lane for use as transitional housing for families. Services will be provided by RISE, Inc.. Families may stay for up to two years. 570.202 $64,505 1,3 -3- COLUMBIA HEIGHTS $222,667 928 (~,olumbia Heights Public Service Pool $5,100 Funding to public service agencies that deliver services to primarily Iow income persons and families including but not limited to: (1)HOT MEALS FOR SHUT-INS(S3,100), (2)CHILDREN'S HOME CRISIS NURSERY(S1,000) (3)HANDYWORKS PROGRAM(S1,000) *ADDITIONAL FUNDING OF $28,150 UNDER MULTI- C11'? CONTRACTS for: Alexandra House ($3,500), ACCAP-Senior Outreach($14,539),ARC of Anoka County ($2,000), CEAP($1,611 ), Fathers Resource Center(S1,500), SACA($5,000). 570.201 (e) [0419-6018-64833-41828] 6 929 Columtpia Hei(~ht~ ~iv{~t~le ~em(pnstr{~ti0n $104,000 Account Project (LCDA} Acquisition of land for project that consists of the construction of approximately 22 Iow income tax credit rental units and 50 senior units. This area will be redeveloped into a transition block between existing commercial along Central Ave. and single family residential development surrounding the subject property on the west and north. 570.201 (a) 930 Columbia Heiohts Commercial Revitalization $34,417 Acquisition, clearance, and resale of commercial properties with blighted ~tructuras. This is a City-wide activity, removing spot blight. Actual sites to be deten~ined as they become available. 570.201(a),(b),(d) [0419-6018-64601.41830] 2 -4- Columbia Heights (con't) 931 Columbia Heiqhts ISD#13 Family Center Proiect Funds to be utilized for Family Center with programs such as: Early Childhood Family Education; Preschool; Adventure Club; Early Childhood Special Education; Way to G row; T.Y.K.E; Head Start; Learning Readiness; Early Childhood Screening; Child and Teen Check-ups; Family Literacy Program; and Sibling Care. 570.201 (c) $50,000 COLUMBUS TOWNSHIP $16,553 III 959 958 Columbus Senior Coordinator/Public Services Funding to public service agencies that provide services to primarily Iow income persons and households including but not limited to: SENIOR COORDINATOR position provides assistance and coordinates activities to senior residents and Meals on Wheels. 'ADDITIONAL FUNDING OF $2,590 UNDER MULTI-CITY CONTRACT for: ACCAP-Senior Outreach. 570.201 (e) [0419-6019-64713-41859] (;:01umbus Senior Center Funding used for glass replacement for Columbus Senior Center. 570.201 (c) $11,500 $1,463 6 -5- COON RAPIDS $275,400 935 932 Coon Rapids Public Servi,ces Funding to public service agencies that will deliver services to primarily Iow income persons or hoLJseholds, This includes but is not limited to: (1) MEALS.ON WHEELS located at 11800 N.W. Xeon Blvd. in Coon Rapids(S2,800), (2) COON RAPIDS SENIOR COMPANION(S4,000), (3) ANOKA COUNTY BROTHERHOOD FOOD SHELF(S2,000), (4) CRISIS NURSERY for prevention of child abuse located at 500 Osborne Road, #115 in Fridley, MN 55432($10,000). 'ADDITIONAL FUNDING OF $54,238 UNDER MULTI- CITY CONTRACTS for: ACCAP-Senior Out~each($12,250) AJexandra House(S5,000), ARC of Anoka County(S4,500), CEAP($7,800), Family Life Mental Helath($1,945), Father Resource Center(S3,240), Northwest Suburban Kinship(S4,800), RISE Inc.($15,000) 570.201 (e) (1) [0419-6020-64833-41835] (2) [0419-6020-64712-41835] (;;9on Raoids Park~ ADA and other improvements including: new play structures with accessibili~ in existing perks located in Iow income neighborhoods es follows: Sand Creek ($30,000) De~a ($25,000) Vineyard ($20,000) Mason ($20,000) Trackslide ($20,000) School Dev. & Playgrounds ($20,000) 570.201 (c) [04196020-64111-41834] $18,800 $135,000 6 3,5 N/A C.~<~n Raoids Housina Rehabilitation Home improvements for Iow income single family homeowners in City of Coon Rapids. Multi-CIt Contract~ with ACCAP. 570.202 $66,365 -6- EAST BETHEL $42,605 N/A East Bethel Public Services Funding to Public Service agencies that provide services to primarily Iow income persons and households including but not limited to the following: *ALL FUNDING OF $8,624 UNDER MULTI-CITY CON-TRACTS for: ACCAP Senior Outreach Program(S4,317) and North Anoka Meals on Wheels(S4,307) 570.201 (e) 6 942 I~ast Bethel Senior Center Facility Construction of new senior center to provide services and recreation activities to East Bethel senior residents. 570,201 (c) $24,981 2,3 943 l~ast Bethel Neiohborhood Revitalization and Development Ongoing activities which will upgrade and develop blighted neighborhoods and/or provide housing for Iow income persons. The City has been using CDBG in the Coon Lake Beach Neighborhood since 1981, acquiring and clearing blighted and hazardous vacant structures. Lots are then sold to the highest bidder. The neighborhood is located on the southeast aide of Coon Lake Beach. Also, development of lower cost housing, construction, or acquisition of public utilities within Minard Lake Estates. The City has also been using CDBG funds to improve the commercial area east of Highway 65 between 205th and 221 st Avenues. We anticipate the availability of program income available for this project as acquired properties are resold. 570.201(a),(b),(d) $8,000 1,2 -7- FRIDLEY $145,005 939 940 Fridlev Public Services Pgol Funding to public service agencies that provide services to primarily Iow income Ders0ns or households including but not limited to those shown: (1) FRIDLEY SENIOR COMPANION(S4,000), (2) FRIDLEY RECREATION/NATURAL RESOURCES(S4,000). *FUNDING OF $14,000 UNDER MULTI-CITY CONTRACTS for: ACCAP St. Out~each($8,500), Alexandra House(S3,000), end Southern Anoka Community Assistance($2,S00). 570.201(e) (1) [0419-6022-64714-41839] (2) [0419-6022-64745-41839] Fridlev Taroeted Code Enforcement Intern Funds used to employ a part-time student intern to assist with systematic code enforcement. 570.202(c) $8,000 $10,000 6 7 HAM LAKE $39,750 954 N/A Fridlev Housino Rehabilitation Rehabilitation of owner-occupied housing available to low income owners throughout the City of Fridley. City contract with CEE. 570.202 [0419-6022-64201-41854] Ham Lake Public Services Funding to Public Service agencies that provide services to pfimadly Iow income persons end households including but not limited to the following: *ALL FUNDING OF $5,805 UNDER MULTI-CITY CONTRACTS for: Alaxandra House(S645), ARC of Anoka County(S645), CEAP($645), Family Life Mental Health(S645), Fathem Resource Center(S645), North Anoka Meals on Wheels(S645), Northwest Suburban Kinship(S645), RISE Inc.($645), ACCAP- Senior Outreach(S645) 570.201 (e) $112,005 -8- Ham Lake (con't) 956 Ham Lake Economic Development Loans Revolving loan to provide assistance to small businesses to create jobs for Iow income. 570.203(b) [0419-6023-64301-41856] $32,945 4 HILLTOP $25,204 IV 941 Hilltop Housino Revitalization Proqram Improve mobile home stock in Hilltop by replacing exis~ng, substandard mobile homes with new homes. Program is 100% voluntary, to offer housing options and need-based assistance to Hilltop residents. 570.201 (d), (n) $24,204 1,2 LEXINGTON $60,852 IV N/A Lexinoton Public Service~ Funding to Public Service agencies that provide services to primarily Iow income persons and households including but not limited to the following: *ALL FUNDING OF $4,228 UNDER MULTI-CITY CONTRACTS for: ACCAP-Senior Outreach ($2,228), Alexandra House(S1,000), North Anoka Meals on Wheels(S1,000) 570.201 (e) 6 921 Lexinoton Memodal Park Improvement Project Funding for Lexington Memorial Park to remove and replace facilities with fully functional activity areas and purchase items such as community recreation shelter and hockey dnk to obtain year round use of the perk. In addition some grading, landscaping work will be completed. 570.201 (c) [0419-6025-64608-41721 ] $55,624 3,5 -9- LINO LAKES $36,063 944 946 Lino Lakes Public Services Funding for public services to primarily Iow income persons or households including but not limited to: (1) FOREST LAKE YOUTH SERVICE(S4,500), and (2) LINO LAKES SENIOR COORDINATOR($10,300). *ADDITIONAL FUNDING OF $8,263 UNDER MULTI-CITY CONTRACTS for: ACCAP-Senior Outreach(S1,000)Alexandra House(S4,000), CEAP($1,000), North Anoka- Meals on Wheels(S2,263). 570.201(e) (1) [0419-6026-64742-41844] (2) [0419-6026-6471 $-41844] Lino Lakes Sectic System Plan Funding provided to promote health and safety by regulating individual sewage treatment systems. Staff will research and prepare an ordinance governing on site septic systems including inspection and upgrading policies, to be consistent with state law and the County ordinance. 570.205(a)(4) $14,800 $4,000 6 7 947 Lino Lakes Housina Maintenance Plan Funding provided to maintain housing stock of the community. Ongoing housing maintenance will help sustain property values of individual homes, neighborhoods and overall community. Staff will conduct research and design · program including a new ordinance and inspection program. 570.205(a)(4)(v) $4,000 7 949 Lino Lakes Presewation Develooment Plan Funding provided for endeavor that involves changing the way development occurs in the entire city of UnO Lakes. Includes designing a new project review process, new ordinances and numerous informational planning meetings. 5'/0.205(a)(3)(iv) $4,000 7 -10- RAMSEY Ill 989 $500 6 $6,000 Ramsey Public Services Funding for public services to primarily Iow income persons or households including but not limited to: (1) ACBC Food Shelf & Clothing(S500) *ADDITIONAL FUNDING OF $4,500 UNDER MULTI-CITY CONTRACTS for: Alexandra House(S1,500), CEAP($500), Central Center for Family Resources(S500) Family Life Mental Health(S500), Fathers Resource Center(S500), North Anoka Meals on Wheels(S500), RISE, Inc.($500), 570.201 (e) SPRING LAKE PARK $25,075 II N/A SDrino Lake Park Public Services Funding to public service agencies that provide services to primarily Iow income persons and households including but not limited to those shown below and 'ALL FUNDING OF $24,075 UNDER MULTI- CITY CONTRACTS for: ACCAP Senior Outreach(S2,500), Alexandra House(S1,000), ARC of Anoka County(S2,500), CEAP($1,000), Central Center for Family Resources(S4,500), Fathers Resource Center(S1,000), Northwest Suburban Kinship(S1,000), RISE, Inc.($8,075), SACA($2,500) 570.201 (e) ST. FRANCIS N/A $54,914 ~t, Frangis Public Services Funding to public service agencies that provide services to pdmadly Iow income persons and households including but not limited to those shown below and *ALL FUNDING OF $8,414 UNDER MULTI-CITY CONTRACTS for: ACCAP-Senior Outreach(S1,000), AJexandra House(S3,114), North Anoka Meals on Wheels(S4,300) 570.201 (e) 6 -11 - 991 St. Francis Bridae Street infrastructure Improvements (~t0rm Sewer & Sidewalks) Funding provided for completion of concrete curb and gutter along with the completion of sidewalks on the North and South sides of Bddge Street between Ambassador Blvd. and Butteffield Drive. 570.201 (c) $18,500 3 992 St, Francis 5th Addition Park Imorovements Funding provided for development of I acre park within the Dufigan-Locher 6th Addition subdivison (outlot A). Project will consist of installing handicapped accessible playground equipment and related site improvements. 570.201 (c) $18,000 3,5 993 St. Fri~n(;:i~ Rum River Trail Connection Funding provided to extend trail from Dellwood River Estates subdivision to CSAH le24(Bddga Street). Connection will create a trail connection between the Dallwood River Estates park along the Rum River and the Rum River North Regional Park. 570.201 (c) $9,000 3 MULTI-CITY 948 949 Alexandra House Shelter for bettered women and their children providing temporary shelter and services located at 10065 3rd Street N.E., Blaine, MN 55449. 570.201 (e) [0419-603,3-64771-41848] Andover 545 Anoka 2,200 Columbia Heights 3,500 Coon Rapids 5,000 Fddley 3,000 Ham Lake 645 Lexington 1,000 Uno Lakes 4,000 Ramsay 1,500 Spring Lake Park 1,000 St. Francis 3,114 $25,504 $13,145 6 6 .12- Recreation services for teens and young adults and toy lending library for children, serving persons with developmental disabilities located at 1201 - 89th Avenue N.E., Blaine, MN 55434. 570.201(e) [0419-6033-64724-41849] Blaine 3,500 Columbia Heights 2,000 Coon Rapids 4,500 Ham Lake 645 Spring Lake Park 2,500 971 A(~CAP Senior Outreach ACCAP operates an outreach program to provide homebound senior citizens with access to necessary se~ces and information - county-wide, at ACCAP, Human Service Center, 1201 - 89th Avenue N.E., Blaine, MN 55434. 570.201 (e) [0419-6033-64711-41871 ] Andover 2',052 Anoka 8,200 Blaine 3,500 Columbia Heights 14,539 Columbus 2,590 Coon Rapids 12,250 East Bethel 4,317 Fddley 8,500 Ham Lake' 645 Lexington 2,228 Lino Lakes 1,000 Spring Lake Park 2,500 St. Francis 1,000 $63,321 -13- 972 Central (~enter for Family Resources Family and individual counseling, children's and adolescent peer support, and family education. The Bridgeview Club of the Center provides recreation for persons with mental illness. County-wide. Located at 1485 - 81st Avenue N.E., Spring Lake Park, MN 55432. 570.201 (e) [0419~6033-64838-41872] Spring Lake Park 4,500 Ramsay 500 $5,000 6 975 974 Commynitv Emeroencv Assistance Prcoram Emergency services including food, clothing, rent and mortgage assistance - county-wide. Located at Human Service Center, 1201 - 89th Avenue N.E., Blaine 55434. 870.201 (e) [0419-6033-64831-41873] Andover 1,226 Anoka 2,000 Columbia Heights 1,611 Coon Rapids 7,500 Ham Lake 645 Lino Lakes 1,000 Ramsay 500 Spdng Lake Park 1,000 Southern Anoka County Community Provides food, clothing, furniture and various emergency "welfare" services in southern Anoka County. Located at 627 - 38th N.E., Columbia Heights, MN 56421. 570.201(e) [0419-603,3-64835-41874] Columbia Heights 5,000 Fridley 2,500 Spring Lake Park 2,500 $15,482 $10,000 6 5 -14- 975 976 977 Northwest Suburban Kinship Adult companion services for youth - county- wide. Located at 11155 Robinson Drive, Coon Rapids, MN 55433. 570.201(e) [0419-6033-64741-41875] Andover 545 Anoka 2,200 Blaine 3,500 Coon Rapids 4,800 Ham Lake 645 Spring Lake Park 1,000 Family Life Mental Health Comprehensive mental health services for individuals and families - county-wide. Located at 1428 Fifth Avenue South, Anoka, MN 55303. 570.201 (e) [0419-6033-64834-41876] Andover 817 Anoka 2,200 Blaine 5,000 Coon Rapids 1,945 Ham Lake 645 Ramsey 500 North Suburban Counselino Center Individual and family counseling services county-wide. Located at 425 Coon Rapids Boulevard, Coon Rapids, Mn 56433. 570.201 (e) [0419-6033-64836-41877] Andover 817 Anoka 2,000 Blaine 5,000 S12,690 $11,107 $7,817 6 6 -15- COUNTY $498,755 979 95O 983 951 North Anoka Me~l~ on Wheels Serves northern and eastern Anoka County, providing meals to homebound elderly and disabled persons. Located at 1562 Viking Boulevard, Cedar, MN 55011. 570.201 (e) [0419-6033-64833-41879] Andover 1,173 East Bethel 4,307 Ham Lake 645 Lexington 1,000 Lino Lakes 2,263 Ramsay 500 St. Francis 4,300 Sheltered workshop for persons with disabilities. The CDBG will fund varied services including transportation, training, employment supervision, etc. Located at 8406 N.E. Sunset Drive, Spring Lake Park, MN 55432. 570.201 (e) [0419-6033-64725-41850] Andover 825 Coon Rapids 15,000 Ham Lake 645 Ramsay 500 Spdng Lake Park 8,075 Fathers Resource Center Provide resources that educate, advocate and support fatherhood to Iow/moderate fathers and their families. Located at ACCAP, 5701 Shingle Creek Parkway Suite 500, Brooklyn Center, MN 55430. 570.201 (e) [0419-6033-64736-41983] Anoka 1,000 Columbia Heights 1,500 Coon Rapids 3,240 Ham Lake 645 Ramsay 500 Spdng Lake Park 1,000 ~eneral Administratign Overall management of the CDBG Program including planning, applications, financial, contract, compliance and repo~ling. 570.206 [0419-6032-64501-41851 ] $14,188 $25,045 $7,885 $150,500 8 6 7 -16- 995 Anoka CounWHRA $34,000 952 953 570.206 Economic Development P[anninq (ACEDP) Studies, analyses, data gathering, preparation of plans, and identification of actions to implement plans which will improve the economic development climate in An(3ka County. 570.205(a)(3) [0419-6032-64410-41852] County-wide HousinQ Rehabilitation Rehabilitation of housing owned and occupied by Iow income households. The program is available county-wide with dedication of resources by target areas within the County. The County anticipates availability of approximately $20,000 in program income resulting from sales of rehabilitated properties. This additional funding will also be used for rehabilitation projects. 570.202 [0419-6032-84201-41853] $75,000 7 $239,255 1 TOTAL 1999 CDBG Grant $1,841,000 SOURCES: 1999 GRANT ESTIMATED 1999 PROGRAM INCOME (REVOLVING LOANS) Total: USES BY HUD CATEGORY: PUBLIC SERVICES (15% limit) PLANNING/ADMINISTRATION (20% limit) SERVING LOW/MOD ~70% required) SLUM/BLIGHT ACTIVITIES UNALLOCATED/CONTING ENCY NOTE: Each city has $1,000 taken from their total funding for County Administration. $1,841,000 $249,000 $2,090,000 $278,884 15.13% $367,275 19.95% $1,431,308 77.75% $42,417 2,30% -17- II DAT~ aof~l 2~- !tm~ I=.,~SOLL~ION NO. 0~' £I~,D )Y COMIVlI.~IOh~R Ca~,)(e~U co~,u~rl~r I:~rv~.o~.N'l· BLOOC G~t~rT P~OG~AM INCO~V~ A/,q~.hC)~ R~.SOLUTIOf~ 81-107 AFl:) 82-5:3 W~.REA$, Tille I of the a~en0e~ I~r~i~m for · ~'ogrem of Com~,~Jty DevelOPment ~ntly il eligible to ~ticiNte in ~ ~fi~l C~i~ D~i~fl~ Bilk concert with the n~,~icil=eJltiel of &~e~a Co~J~tyl K ellmin~i~ of sl~ er ~li~t or to meet omar ~ty e~el~ens ~ h~i~ a fr~ the g~nt s~ied ~tivi~ ~h ~ ~ ~ the Nle of r~l or ~r~ol ~oge or rental fern, ~ ~e~ fr~ r~lltatlon or ~ic d~i~em Io~, ~d in,erst e~ne~ on r~olvi~ I~ ~d ~ds fr~ ~iol m~s~ms J~ea fo C~tt t~e m~ vie laid f~a for ~ eligible C~ity ~l~ent BI~W Grant ~W, ~~, ~ IT ~SOLVED mm the ~e C~ty ~d of I) 2) Ali ineem4 fr~,n (:~G. fundecl aativltlas which meetl the above deflnltio~ of ~och I.O4: which hal e COIG revelvin~ loan ac~t far ec~emmic d~v~lol~'neflf will retein IoQn re~l witl~ia the ~ouflt for ~ontifluld uN for ~i¢ develoomeflt ~ t~ ff~e COq~Y er the city will exec~c an a~r~nt with the LOC which will i~l~d~l I~r~l~ibiti~ of ~llcf of imerast as i)rovidecl in ~ Regutatlon 21~'FR Part $70.~1 I. b) Coe~ali~e with Title VI of the Civil Rightl Act of Itl&. c) Recl~irement for the L~ to s,d)m,t ~qarter:y eel~ortl to t~ A~Q C~ty ex~tu~ of f~ fr~ the r~l~ 3) An4~a Co~.~ty will establish os of May I, J~85, a revolving Iaa,,~ ac=o,~t for aeK~o~it of c~l ecana,~ic dev,~loOment Ioa~ ;.=yn~ents rec~iv~= ~ Anita County. from activities fur~ecl in total or ;:~,t frm~ a m~e~i¢il)allty's C'DEC'- incre~.te that b'Q.'~lUnJt~l I~get far el;gible C~8~ acti¥ities oncI s~aJI aYailoble to the c~'nm~.~ity for future e~dit~re [=,~rs~ant to t~e Joint Agreement in effect at t~e ~ime of exl)enditure. District II - Dissriat 12 - District 13 District I& o Kord~ak District IS ~istrict I? - X X Burmah X Larvgfeld X Kordiak X Canaiko X MCCQrrQn X State of Minnesota ) SS Cm.,nty of AnoVa I, Jc~n "J=y*' Ma4. indes% Co~t~, A~'~qinJstrator, Anaka C~ty, Mi~t~ her~y ¢~tJfy t~f I h~ ~e~ the f~i~ ~y of the remiutio~ of of s~ C~fy ~th the origin~ r~ s~of ~ file in the A~inilt~ti~ Offi~t A~ko C~, Mi~Yot ~ SYO:e~ iff ~e mi~t~ of ~e ~edi~s of Mid ~d at a meeti~ duly ~eld off Aoril 2~ 198S, ~ ~ the ~e is a t~ o~ ~rr~T c~ of ~id original r~rd ~d of The w~le t~eof, ~d ~af said remiutiofl b~ sa;d 8o~d a~ ~a/d meetin~ W;tn~l m~ ~ O~ seal this 23rd d~ of A~r;I, I~8S. County, R.E$OLb'TIO N NO, -~.~ ~.ongl'eld TIM~.y EX~NC)ITUF~ OF' C.D.~.C,. FS,t~IDS II WI-F.I~AS, t~e A~ko Cev~ty 8e~d of Commis~oners ,'~4fl these C~G fun~ · v~ilai~le Il m~nicilloiltial in &~Ira Geb,~ty far oiigiWle ~'oiects; en~ W~-~I~AS, Aneko Comfits,, os tho grantee, is reSlN~slbie faf tho timely, NOW, THEf:~r0P, E, B~ IT I~$OI.V~D t~t the &hmo C~unt7 Boa'¢ of Commlslionerl adootl tl~ f~lowie,~ I~olicy Regarding Sche~vle for ~.s,?eNtlt~e of ~Y AN~OKA COUNTY SU~G~AI~TEE$ Community Develooment BIQc~ Grant K~Ii .iii be rased for ellg~le ~etld ~granfee activltiel ~ ~ te II ~n~ after notice ~f ~¢il~illt~ ef m~h f~ uOendlt~& If a =~ity fails to uDe~ C~G ~oj~t f~dl ~ithin ~at time limit, the Anna C~nf~ ~md of C~is~l .ill wit~aw the ~l~afi~ fee that projKt. C~nl~ C~G staff will ~tify t~e ~ilies ~h h~e ~t c~it~ed ~Qt C~iti~ S~ ~t~t will ~le t~ ~munities to real.se ~0iKtl refere~i~ tNi ~li~, Il ~ their ~G ~oj~t f~ At the e~ of The ~e ~ty ~d ~ ~ ~ ~vi~l c~e ~elil, lIKa ti ~l the II r~le ~ ef t~ they era comlderad for CO~G I'~'~dif~ X ~o~, X Bvre~'~n X Loeqreid x Ceflalko AScCGrro,~ m State of Minnesota I SS Co~,fl ty of I, john "Jot'" McLi~e~ C~ty A~iniztmt~. A~a certif7 t~ot [ h~e ~ed ~e f~oi~ c~ o( the remi~t~ of of said C~t~ wil~ l~e Origi~l reco~ ~Ae?of off file iff the A~inist~li~ 0~f~, A~ C~flty. Mi~e~la. os stated ;fl l~e m~tel of the ~mltdi~s of said ~¢rd at a metti~ dul~ held on F~r~ ~1.'19~. o~ that the ~¢ il of said original record ofld of the w~ie I~reof, ~d that Mid rt~iutiofl ~s~ dul~ ~asMd Oy said 8o~d Qt said ~eti~ Witness my ~d ~ Hal this ~lst day of Kebrv~. 1~8S. COUNTY BOARD POt. ICY - COMMUNITY I:~9~..OP M~NT · W~A$, Title I of the t'4ovling and Community Development Act of IT?& az Qme~ecl ~)r~via~l for · I)regram of Ce~'~"nunity Oevelel)ment Block Gtontl.' end, W'/-~E~EA$, the Aneka Ceu. ty Be&-d af Cemmi.ienerl has ~ ~esi~ased ~ on c~ent~ i~ eligible te ~iei~te in ~ Neti~l C~it~ ~r~nt Pr~r~ ~ ~, t~ A~e C~ty B~d of C~mi~ hm dlr~ted the c~e. wit~ the ~ici~litlel of A~e ~t~ ~ w~EEAS, m a ~ti~ of lald ~1~ ~';ciHlltlel m ~e ~rontee of Comm~ity D~el~ment Bilk Gr~t f~ ~ utilize mi4 f~ forms to b~eflt Iow ~ m~erase i~e ~r~ns, to eld in ~e ~tlofl or elimination of sl~l or bli~t or to meet emro co~ity e~el~ment ne~ h~i~ o ~ti~ui~ urge~ b~e of throes fe ~elth ~d ~fet~ ~ '~AS, "~r~r~ ;~e' m~ i~e earned by the ~grOnlee fr~ the grant lu~or~ff ~Hvity I~h ~ ~r~l fr~ the ~le of teal or ~r~al [nlerest ear~ ~ e~r~ ~e~f~ rwelviq reh~lit~fi~ ~ti or lum~ rehaoilitati~ ~e~t~ i~e fr~ N~ice fe~ Nle of c~iti~ u~e or rental fees, I~n ~r~eNs fr~ re~illteti~ or ~ic e~el~ment I~, inter~s ear~ ~ r~olvi~ J~ ~ ~ fr~ ~iel m~ent, I~ie~ to r~ee the Cost of c~t~ti~ e ~llc wo~l or f~illt~ ~o she extent t~t sue~ colt was initially ~aid with the C~m~ity D~eI~t Bilk ~rant f~R ~E~AS, in occore~e with F~e~l r~uleti~ Anma C~fy as the C~m~it~ Derailment ~l~k Grant r~i~iens ~t r~elve ~1 ~r~r~ i~e, to ~ used rjr ant eligible C~ity O~el~ent ~l~k Gr=nf octlvlty ~ the C~ty mul~ ex,end r~e~ O~ro~ by ~r~ i~e ~efore f~t~r 4ra~o~ will 0e out~rize~ NOW, TI-~.a~EFORE, BE IT ~SOL. VF.D ,nat she A~e G~ty Bored of I) Ail ~G Gr~r~ i~ ~ti~ t~ ~e definlt]~ exceDs ~ments C~nty.~r~ LD~ r~vi~ i~ ~e~t, ~1 N ~tl~ f~w~ae~ to A~e 2) ~ ~ ~ ~ · ~ r~vlng ~ ~c~t far ~ic d~l~ment wlll ret~n I~ r~fs within the'me~nl for ~flti~e use for 3) devele~'fl~'lt Id~je~t ta all .C.~)~G re~uIetlo~, end?hot the Ce~ty or the airy will execute m agreement wtth the L~)C ~,hlch will ~nel~clel Part S~0.il I. C~li~e with Title Vl of ~ Civil ~i~fl Act of I ~i~ far She L~ te ~is ~seH~ r~t~ se the A~e ex~ifure of fu~ fr~ t~ r~vi~ I~ e~f far ~ I~ m An~o C~Iy r~ei~ m ~titlKf An~ ofhee ~r~isi~ r~ir~ ~ Stere or K~eral I~ or r~lQtio~ Anna C~fy hm est~li~ u ~f M~ I, IriS, · r~olvi~ I~ ~t for d~osit of ~l ~ic O~el~ment I~ ~ments r~eiv~ ~,, An~o State of Minn~ota ) ~ Coun~ of Aneka ) I, Jo,~n "Jay" Mc~;ndm% C~ A~inistret~, A~o C~ty, Mi~t& her~y cer~if~ that I h~e ~ the for~;~ e~7 of t~ re~lu~ion of t~ C~n~y ~oerd . of sai~ C~ty wish the original r~td thereof ~ file in the A~inistrati~ Off,e, A~Q C~ty, M;~e~t~ m stat~ in the mitres of the ~m~i~ of ~;d B~re at · meet;nC duly held ~ Aunt J2, 158~, O~ t~t th~ ~e il Q t~ ~ COrrect C~y of said original re~ord Qe, d of tho whole thereof, ~ that ~id resolutio~ wQ~ duly ~assed by said Board at said malting. Witness my har~cI ~ seal this 12th d~j, of A~gust, 1~8~. · XHIBIT G C;;ITIIrlCATION The Undersigned. on behalf of the Agency. certifies, to the best of his or her knowlecl!;e and belief, thee: (1) NO Federal ePproprietecl funde h~ve been paid or will be paid, by or on behalf of the undersigned, to any person for influencing o~ e~lmptJng to influence en officer or Imoiovle of any agency, e Member of Congress, eft officer or employee of Congre., or in emcioy. of e Member of CongreM in connection with the IWlrCling of In¥ Fedlrll COntract. tl~e making of Iny Federll grins, the making of Iny Federll loan. the tntlring into of any agreement, end the extension, con~ins~eciQ~, renewal. Imenclment, or modification of I~y Fedlrll COntFlCt, grinS, loan, or CoopirltJvl igrllment. (2} If iny.~fldl other then Federll Ippropriltld fl.u~dl I~lvl beln plid or will be paid to IMraon gM' influencing Or I~lmOtiflg tO infiulflct Iff officer ot' Imoleyll of Iny Iglflcy, l MemlMr of COngfll~, In officlr or lmOlOyll Of CC)~grlll. Or In tmplOVll of l Member of Congress in coflnectio~ wiTJ~ this Federal contract, grant, loan, or cooperative agreement, the undersigned IAIII complies 1Ad submit Standard Form *U,l., 'C:)ilClolurl Form to Report Lobbying," in accordance with itl inetrT,~tJofll, . (3) The undersigned shah red,ire that the language of this cer~ficatiofl be included in the award documents fo~ Ill lublwlrdl It Ill tiers (including Iulx:o~trects, aubgrsnts, emi ¢0ntrlCts under grants, Iolnl, 115ci cocberltiVl lgrllmlnts) Il"ICI tilt Ill lubrl¢ipilfltS Shell certify end disclose accordingly.. This ClrtJfiCltiOfl il I mltltill rlOrlllfltstion of fica uOofl which reliance wis PllCld wren this trlflSlC~ wis made ~ efltsrld into. Su~i~i~ of ~il Cl~ifiCld~ il I 0rorlquilitl for making ~ anteing i~o ~o ~a~ofl imposed by ~ofl 1332. d~e 31.. U.S. C~e. ~y porsofl-w~o fsi~ to file ~ required cl~ficldofl ~ll be ~bjoct to I ci~l ~flal~ of not then 110.~0 and fl~ m~l ~fl 1100.000 f~ IlC~ Such failure. AGENCY By: ,, Its: Its: Oats: CITY OF COLUMBIA HEIGHTS August 26, 1999 COMMUNITY DEVELOPMENT DEPARTMENT - Yin FAX and Mail- Mayor Ga~/L. Pcter~on Councilmembers Donald C Jolly Ma.flainc Szurck Jul/enn¢ Wyckot'f John Hunter Cit~ .Manager Heidi Cedersla'and Community Development Financial Assistant Anoka County Government Center 2100 3'~ Avenue Anoka, MN 55303 Re: Requested Changes to Exhibit A of the 1999 CDBG Contract Dear Heidi: As we discussed in a telephone conversation earlier today, I am requesting two changes to Exhibit A, Project Description and Budget, of the 1999 CDBG conlxact. These changes are described below. #929 Columbia Heights Livable (~ommunitie~ Demonstration Account Project (LCDA) The contract reads: "Acquisition of land for project that consists of construction of..." Please change the contract to read: "Acquisition, relocation, demolition, and site restoration for project that consists of consmaetion of..." #930 Columbia Heights Commercial Revitalization (paragraph 3) The contract reads: "Properties which are acquired and cleared must be located in commercial and indusmal zoning districts and will consist of commercial structures and non-conforming single family homes in commercial zoned districts." Please insert the following language into this section: "Properties that are planned for future commercial or indus~al development or are located within a focus redevelopment area as designated in the City Comprehensive Plan will also be considered." Enclosed, please fund copies of the pertinent pages of the contract. Do not hesitate to contact me at (612) 782-2856 if the requested changes are unclear or if you need additional information. Sincerely, Enclosures cc: Kenneth R. Anderson, Community Development Director EXHIBIT A PROJECT DESCRIPTION AND BUDGET Amount of CDBG funds provided by Anoka County for the program year beginning in 1999 To City of Columbia Heioht~ for: Proiects Listed Below A description of goods and/or services to be provided by the above-named organization with the assistance of the CDBG funds and the target population to be served: #928 Columbia Heights Public Service Pool Funding to public service agencies that deliver services to primarily Iow income persons and families including but not limited to: Hot Meals for Shutins ($3,100); (2) Children's Home Crisis Nursery ($1,000), (3) Hsndyworks Program ($1,000). 'ADDITIONAL FUNDING OF $28,150 UNDER MULTi-CITY CONTRACT for: Alexandra House ($3,500), ACCAP Senior Outreach ($14,539), ARC of Anoka County ($2,000), CEAP ($1.611), Fathers Resource Center ($1,500), SACA ($5,000). #929 C_..~lu~/~t.l&ei~;d.f,~[y~blekDemonstrstion Account Project (LCDA) ~-Acquisition of land for~roject that consists of the construction of approx~n~a[eW 4~ ~(~w income tax credit rental units and 50 senior units. This area will be radeveloped into a transition block between existing commercial along Central Avenue and single family residential development surrounding the subject property on the west and north. #930 Columbia Heights Commercial Revitalization This activity involves the acquisition and clearance of blighted and deteriorated commercial and industrial properties. The properties that are acquired and cleared must be uninhabitable due to building conditions which are detrimental to the health, safety and welfare of the occupants. The acquisitions will also clear spot blight problems in the major commercial corridors. Properties to be considered will be either vacant or have willing seller. Acquisitions would comply with the applicable relocation policies. Properties will be identified by Community Development (CD) Department staff. An evaluation will be made of the property's physical condition, feasibility of rehabilitation and potential marketability. The City of Columbia Heights will be responsible for making a final determination of the properties to be acquired under this program. $5,100 $104,000 $84,417 City of Columbia Heights Exhibit A Project Description and Budget Page 2. The~ ~.learance or eduh~=d-~-~.~,,~ndustrial ~,~!b"~rties will be on a scattered site basis and will be ava~7~l~ wide. Properties which are accluired and cleared must be located in-"'~ commercial and industrial zoning districts and will _consist of . ~ commercial structures and non-conforming single family homes in .,J ~,~..~me, rclal, z,oned districts. Please see attached map for comme~/a~''~ anu ;.~,;&', ~,,~ ,~reas. The benefits of the program will be eliminating blight and making property available for commercial redevelopment. Project Details: A detailed description of the goods and/or services to be provided by the above-named organization is contained in the Preliminary Project Requests, which are attached hereto as Exhibit B, and incorporated herein by reference. Note: Above total does not include allocations to Public Services that are under Multi-City Contracts (shown above) or $1,000.00 to County Administration. Liaison per Section 4A: Kenneth IR. Anderson Authorized to sign vouchers & reports per Section 4A: Printed Name Signature Project to be completed by December 31, 2000: Per Anoka County Board Resolution #85-23 CDBG-69 CITY COUNCIL LETTER Meetin~ of: September 13, 1999 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER - q Community Development/'~ APPROVAL ITEM: Moratorium on St. Timothy's Property BY: JoeHollman-~--~" NO: Resolution 99-72 ~ 't~ ' ~1~ DATE: August 25, ~99 Issue Statement: On July 13, 1998, the City Council passed a resolution imposing a ten month moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights. This moratorium was extended for four months in May, 1999, and it now expires on September 13, 1999. Background: As part of the resolution, staffwas directed as part of the Comprehensive Plan update and Zoning Ordinance rewrite process to identify appropriate options for zoning of the subject property; development of recommended performance standards for the various zoning options; and presentation of the recommendations to the City Council before the moratorium terminates. As a reminder, the City Council had approved a rezoning of certain property at 825 51st Avenue NE from R-2, Single and Two Family Residential, to R-3, Multiple Family Residential for the development ora 70-unit, three story, market rate, senior housing rental apartment by Mary T., Inc. That proposal was withdrawn. It is staff's understanding that the Church Council wants to wait until a new Pastor is hired before making a decision on future use of the property. Note that representatives from Crest View Corporation and Real Estate Equities Development Company will meet on September 21 with the Church Council to discuss the possibility of a senior housing facility managed by Crest View. Analysis: The draft 1999 Comprehensive Plan designates this area for future commercial development which is consistent with the 1992 Comprehensive Plan. At the time of the rezoning, representations were made to the adjacent property owners during the public hearing process indicating that, as part of the zoning approval, the City Council was making the approval specific to the proposed senior housing project. If other uses are proposed that may be permitted in the R-3 District for this site, there may be significant implications as to land use, traffic, public safety, and utility services to the site. Similar implications may occur if the zoning were amended to reflect the draft Comprehensive Plan recommendation that the property be commercial. It is staff's opinion that the City should discuss the issue with representatives from St. Timothy's Lutheran Church to determine their plans for future use of the property. There are a number of options/scenarios that need to be considered. Three possibilities are listed below. (1) The property could remain zoned R-3, in which case any of the uses permitted in the R- 3 District would be permitted on the site. The draft Comprehensive Plan would need to change to reflect this. (2) The property could be rezoned to a commercial classification as part of the Zoning Ordinance rewrite process to reflect the recommendation established in the Comprehensive Plan. (3) The property could be downzoned back to R-2, in which case only those uses permitted in the R-2 Disthct (single and two family residential, churches, and schools) could be developed on the site. Both the current and the draft Comprehensive Plan would need to change to reflect this. Recommendation: After consulting with the City Attorney, staffrecommends that the City Council extend the moratorium for four months to allow time for the completion and adoption of the City Comprehensive Plan and for the Church Council to hire a new Pastor. Further analysis will be done to evaluate the potential impacts of the various scenarios listed above, and discussions will be held with the property owners to determine their plans for furore use of the property. Recommended Motion: Move to waive the reading of Resolution 99-72, there being ample copies available to the public. Move to adopt Resolution 99-72, being a resolution imposing a four month extension to the moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church. Attachments: COUNCIL ACTION: RESOLUTION 99-72 BEING A RESOLUTION OF T[IE COLUMBIA/tEIGHTS CITY COUNCIL IMPOSING A FOUR MONTH EXTENSION TO THE MORATORIUM ON SITE IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST. TIMOTHY'S LUTHERAN CH-LrRCH IN COLUMBIA IcrE, IGHTS WHEREAS, the City Council of the City of Columbia Heights has approved rezoning of certain property at St. Timothy's Lutheran Church, 825 51st Avenue NE from R-2, Two Family Residential District, to R-3 Multiple Family Residential District; and, VOtEREAS, the purpose of the rezoning request and approval therefor was to permit the development of a 70-unit, three story, market rate, senior housing rental apartment project by Nedegaard Custom Homes, Developer, and Mary T. Inc., owner and service provider; and, WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City of Columbia Heights that they will no longer pursue a senior housing project in Columbia Heights; and, WHEREAS, the City Council has represented in general terms to adjacent property owners that development at this site was intended for a senior rental apartment project only; and, WHEREAS, the current zoning of this property as R-3, Multiple Family Residential District allows as permitted uses other types of projects including, but not limited to, townhouses, other multiple family dwelling structures, YMCA and similar non-profit organizations; and, WHEREAS, the City Council determines it is necessary to 1) complete the Comprehensive Plan update and conduct further research and analysis as to appropriate land uses for this surrounding area which currently consists of single family homes, church, public park, and retail business uses; and 2) identify appropriate zoning and performance standards for the subject property. NOW, THEREFORE BE IT RESOLVED THAT the Columbia Heights City Council hereby imposes a four month extension to the moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights, with said four month extension commencing and effective the date of adoption of this resolution, and recognizing said four month time period may be shortened by adoption of a resolution of the City Council upon earlier consideration of findings. PASSEDTHIS 13th DAYOF September ,1999 . Offered by: Wyc kof f Seconded by: S z u r e k Roll Call: A11 ayes Jo-Anne Student, Council Secretary Mayor Gary L. Peterson RESOLUTION NO. 99-53 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL IMPOSING A FOUR MONTH EXTENSION TO THE MORATORIUM ON SITE IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST. TIMOTHY'S LUTHERAN CHURCH IN COLUMBIA HEIGHTS WHEREAS, the City Council of the City of Columbia Heights has approved rezoning of certain property at St. Timothy's Lutheran Church, 825, 51st Avenue Northeast fi.om R-2, Two Family Residential District, to R-3 Multiple Family Residential District; and WHEREAS, the purpose of the rezoning request and approval therefor was to permit the development of a 70-unit, three story, market rate, senior housing rental apartment project by Nedegaard Custom Homes, developer, and Mary T, Inc., owner and service provider; and, WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City of Columbia Heights that they will no longer pursue a senior housing project in Columbia Heights; and, WHEREAS, the City Council has represented in general terms to adjacent property owners that development at this site was intended for senior rental apartment project only; and, WHEREAS, the current zoning of this property as R-3, Multiple Family Residential District as allows as permitted uses other types of projects including, but not limited to, townhouses, other multiple family dwelling structures, YMCA and similar non-profit organizations; and WHEREAS, the City Council determines it is necessary to 1) complete the Comprehensive Plan update and conduct further research and analysis as to appropriate land uses for this surrounding area which currently consists of single family homes, church, public park, and retail business uses; and 2) identify appropriate zoning and performance standards for the subject property. NOW, THEREFORE, BE IT RESOLVED THAT the Columbia Heights City Council hereby imposes a four month extension to the moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights, with said four month extension commencing and effective the date of adoption of this resolution, and recognizing said four month time period may be shortened by adoption by a resolution of the City Council upon earlier consideration of findings. Passed this l0th day of May, 1999. Offered by: Hunter Seconded by: Szurek Roll call: All ayes /~Anne Studeht, Qouncil"FS~ecretary Mayor Gar~ L. Peterson RESOLUTION 98- 5~ BEING A RESOLUTION IMPOSING A TEN MONTH MORATORIUM ON SITE IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST. TIMOTHY'S LUTHERAN CHURCH IN COLUMBIA HEIGHTS. WHEREAS, the City Council of'he City of Columbia Heights has approved rezonlng of certain property at St. Timothy's Lutheran Church, 825 51'~ Avenue NE fi.om R-2, Two Family Residential District, to R-3, Multiple Family Residential District; and WHEREAS, the purpose of the rezuning request and approval therefor wa~ to permit the development ora 70-unit, flxrce ~tory, market rate, senior housing rental aparUnent project by Nedegaard Custom Homes, Developer, and Mary T. Inc., owner and service provider; and WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City of Columbia Heights that they will no longer pursue a senior housing project in Columbia Heights; and WHEREAS, the City Council has represented in general terms to adjacent property owners that developmem at this site was intended for a senior rental apartment project only; and WHEREAS, the rezoning of this property to R-3, Multiple Family Residential District allows as permitted uses other types of projects including, but not limited to, townhouses, other multiple family dwelling structures, YMCA and similar non-profit organizations; and WHEREAS, the City Council determines it is necessary to 1) conduct further research and analysis as to appropriate land uses for this surrounding asea which currently consists of single family homes, church, public park, and retail business uses; and 2) identify appropriate zoning and performance standards for the subject property. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Columbia Heights bereby establishes a moratorium not exceeding ten months on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights, with said ten month time period commencing and effective the date of adoption of this resolution, and recogni~ng said ten month time period may be shortened by adoption ora resolution of the City Council upon earlier consideration of staff findings. BE IT FURTHER RESOLVED that staffis direeUxt as part of thc Comprehensive Plan update and Zoning Ordinance ~vo'ite process to identify appropriate options for zoning of thc subject property; development of recommended performance standards for thc various zoning options; and presentation of thc recommendations to thc City Council before such time as thc moratorium established by this resolution terminates. Passedthis 13rhdayof ~-~y, 1998 Offered by: Ruettimann Seconded by: Jolly Roll Call: AT 1 ayes ~J~'~e Student, Counei~'~'-ecretary ZMa),or I~seph Sturdevant Future Land Use Columbia Heights Comprehensive Plan CITY COUNCIL LETTER Meeting of: September 13 1999 AGENDA SECTION: Consent ORIGINATING DEPT.: vttT, t~_ CITY MANAGER ~ Community Development ~ APPROVAL NO: Resolution 99-72 ~. ~ ,., ~ DATE: August 25, ~e999 Issue Statement: On July 13, 1998, the City Council passed a resolution imposing a ten month moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights. This moratorium was extended for four months in May, 1999, and it now expires on September 13, 1999. Background: As part of the resolution, staffwas directed as part of the Comprehensive Plan update and Zoning Ordinance rewrite process to identify appropriate options for zoning of the subject property; development of recommended performance standards for the various zoning options; and presentation oftbe recommendations to the City Council before the moratorium terminates. As a reminder, the City Council had approved a rezoning of certain property at 825 51st Avenue NE from R-2, Single and Two Family Residential, to R-3, Multiple Family Residential for the development of a 70-unit, three story, market rate, senior housing rental apartment by Mary T., Inc. That proposal was withdrawn. It is staffs understanding that the Church Council wants to wait until a new Pastor is hired before making a decision on future use of the property. Note that representatives from Crest View Corporation and Real Estate Equities Development Company will meet on September 21 with the Church Council to discuss the possibility of a senior housing facility managed by Crest View. Analysis: The draft 1999 Comprehensive Plan designates this area for future commercial development which is consistent with the 1992 Comprehensive Plan. At the time of the rezoning, representations were made to the adjacent property owners during the public hearing process indicating that, as part of the zoning approval, the City Council was making the approval specific to the proposed senior housing project. If other uses are proposed that may be permitted in the R-3 District for this site, there may be significant implications as to land use, traffic, public safety, and utility services to the site. Similar implications may occur if the zoning were amended to reflect the draft Comprehensive Plan recommendation that the property be commercial. It is staff's opinion that the City should discuss the issue with representatives from St. Timothy's Lutheran Church to determine their plans for future use of the property. There are a number of options/scenarios that need to be considered. Three possibilities are listed below. (1) The property could remain zoned R-3, in which case any of the uses permitted in the R- 3 District would be permitted on the site. The draft Comprehensive Plan would need to change to reflect this. (2) The property could be rezoned to a commercial classification as part of the Zoning Ordinance rewrite process to reflect the recommendation established in the Comprehensive Plan. (3) The property could be downzoned back to R-2, in which case only those uses permitted in the R-2 District (single and two family residential, churches, and schools) could be developed on the site. Both the current and the draft Comprehensive Plan would need to change to reflect this. Recommendation: After consulting with the City Attorney, staffrecommends that the City Council extend the moratorium for four months to allow time for the completion and adoption of the City Comprehensive Plan and for the Church Council to hire a new Pastor. Further analysis will be done to evaluate the potential impacts of the various scenarios listed above, and discussions will be held with the property owners to determine their plans for future use of the property. .Recommended Motion: Move to waive the reading of Resolution 99-72, there being ample copies available to the public. Move to adopt Resolution 99-72, being a resolution imposing a four month extension to the moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church. Attachments: COUNCIL ACTION: RESOLUTION 99-72 BEING A RESOLUTION OF TI~E COLUMBIA H EIGHTS CITY COL~NCIL 13IPOSLNG A FOUR MONTH EXTENSION TO TiqF MORATORIUM ON SITE IMPROVEMENTS A_ND/OR DEVELOPMENT OF PROPERTY OWNED BY ST. TI31OTHY'S LUTI:FERAN CHURCH LN COLUMBIA HEIGHTS WELEREAS, the City Council of the City of Columbia Heights has approved rezoning of certain property at St. Timothy's Lutheran Church, 825 51" Avenue NE from R-2, Two Family Residential District, to R-3 Multiple Family Residential District; and, Wlt'EREAS, the purpose of the rezoning request and approval therefor was to permit the development ora 70-unit, three story, market rate, senior housing rental apartment project by Nedegaard Custom Homes, Developer, and Mary T. Inc., owner and service provider; and, WH~':REAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City of Columbia Heights that they will no longer pursue a senior housing project in Columbia Heights; and, VfH I":REAS, the City Council has represented in general terms to adjacent property owners that development at this site was intended for a senior rental apartment project only; and, ~H~':REAS, the current zoning of this property as R-3, Multiple Family Residential DistrSct allows as permitted uses other types of projects including, but not limited to, townhouses, other multiple family dwelling slructures, YMCA and similar non-profit organizations; and, WITEREAS, the City Council determines it is necessary to 1) complete the Comprehensive Plan update and conduct further research and analysis as to appropriate land uses for this surrounding area which currently consists of single family homes, church, public park, and retail business uses; and 2) identify appropriate zoning and performance standards for the subject property. NOW, I'HI~REFOR~ BE IT RESOLVED TIIAT the Columbia Heights City Council hereby imposes a four month extension to the moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights, with said four month extension commencing and effective the date of adoption of this resolution, and recognizing said four month time period may be shortened by adoption of a resolution of the City Council upon earlier consideration of findings. PASSED THIS Offered by: Seconded by: Roll Call: __ DAY OF ,1999 . Jo-An.ne Student, Council Secretary Mayor Gary L. Peterson RESOLUTION NO. 99-53 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL IMPOSING A FOLrR MONTH EXTENSION TO THE MORATORIUM ON SITE IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST. TIMOTHY'S LUTHERAN CHURCH IN COLUMBIA HEIGHTS WHEREAS, the City Council of the City of Columbia Heights has approved rezoning of certain property at St. Timothy's Lutheran Church, 825, 51~ Avenue Northeast from R-2, Two Family Residential District, to R-3 Multiple Family Residential District; and WHEREAS, the purpose of the rezoning request and approval therefor was to permit the development of a 70-unit, three sto~y, market rate, senior housing rental apartment project by Nedegaard Custom Homes, developer, and Mary T, Inc., owner and service provider; and, WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City of Columbia Heights that they will no longer pursue a senior housing project in Columbia Heights; and, WHEREAS, the City Council has represented in general terms to adjacent property owners that development at this site was intended for senior rental apartment project only; and, WHEREAS, the current zoning of this property as R-3, Multiple Family Residential District as allows as permitted uses other types of projects including, but not limited to, townhouses, other multiple family dwelling structures, YMCA and similar non-profit organizations; and WHEREAS, the City Council determines it is necessary to 1) complete the Comprehensive Plan update and conduct further research and analysis as to appropriate land uses for this surrounding area which currently consists of single family homes, church, public park, and retail business uses; and 2) identify appropriate zoning and performance standards for the subject property. NOW, THEREFORE, BE IT RESOLVED THAT the Columbia Heights City Council hereby imposes a four month extension to the moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights, with said four month extension commencing and effective the date of adoption of this resolution, and recognizing said four month time period may be shortened by adoption by a resolution of the City Council upon earlier consideration of findings. Passed this 10t~ day of May, 1999. Offered by: Hunter Seconded by: Szurek Roll call: All ayes ~Anne Student, Counci~retary Mayor Gar~ L. Peterson RESOLUTION 98- 55 BEING A RESOLUTION IMPOSING A TEN MONTH MORATORIUM ON SITE IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST. TIMOTHY'S LUTHERAN CHURCH IN COLUMBIA HEIGHTS. WHEREAS, the City Council of the City of Columbia Heights has approved rezoning of certain propcrt3' at St. TUnothy's Luthcra. n Church, 825 $1= Avenue NE f~om R-2, Two Family R~sidential District, to R-3, Multiple Family Residential District; and WHEREAS, the purpose of the rezoning reques~ and approval therefor ~s to permit the development ufa 70*unit, three story, marke~ rate, sen/or housing rental aparunen! project by Nodegaard Cu~om Homes, Developer, and Ma~ T. Inc., owner and tervice provider; and WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed o~cials of the City of Columbia Heights that they b'ill no longer pursue a sm/or housing proje~ in Columbia Heights; and WHEREAS, the Civ/Council has represented in general terms to adjacent property owners that developmen! at this site v,~s intended for a senior ~ntal aparlanent project only; and WHEREAS, the rezonmg of this property to R-3, Multiple Family Residential District allows as pemutted uses other t~s of projects including, but no! limited to, to~houses, other multiple family dwelling structures, YMCA and similar non-profit organizations; and WHEREAS, the City Council determines it is necessary to 1) conduct further research and analysis as to appropriate land uses for this surrounding area ~ch currently consists of single family homes, church, public park, and retail business nses; and 2) identif~' appropriate zoning and performance standards for the subject property. NOW, THEREFORE, BE IT RESOLVED THAT the C~' Council of the City of Columbia Heigh!s hereby establishes a moratorium no! e~c~dmg ten months on site improv~mems and/or developmen! of property owned by St. Timothy's Lutheran Church in Columbia Heights, with said ten month time period commencing and effective the date of adoption of this resolution, and recogni,-i,~g said ten month time period may be shortened by adoption ufa resolution of the City Council upon earlier consideration of staff finclmgs. BE IT FURTHER RESOLVED that s'taffis airec~ as pan of the Comprehensive Plan update and Zoning Ordinance re~r/te process to identify ~ppropr/a~ options for zoning of the subject prope~,; development of rocommended performance standards for the various zoning options; and presenlation of the recommendations to the City Council before such time ~s the moratorium ~'tablished by this r~olution terminates. Passedthis 13rhdayof a,,ly, 1998 Offered by: Rue t t i ma ~n Smonded by: Jo 11 y Roll Call: A1 1 ayes ~J~e Student, Council Secretary ~m, mm em mm .m. m, m, m m mm m m m mm mm, Future Land Use Columbia Heights Comprehensive Plan CITY COUNCIL LETTER Meeting of Septemnber 13, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER 4 CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: September 7, 1999 DATE: No: 4-A - ri The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Wayne Mecl regarding rental property at 3819 Main Street NE for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of September 13, 1999. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Wayne Mecl Regarding Rental Property at 3819 Main Street NE in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of Septemnber 13, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: September 7, 1999 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Donn Woods regarding rental property at 1133 45th Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of September 13, 1999. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Dorm Woods Regarding Rental Property at 1133 45th Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of Septemnber 13, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: September 7, 1999 DATE: NO: The matter of the revocation of the license to operate a rental trait(s) within the City of Columbia Heights against Terry Thornberg regarding rental property at 4326 Monroe Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of September 13, 1999. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Terry Thornberg Regarding Rental Property at 4326 Monroe Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of Septemnber 13, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: September 7, 1999 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Joesph Ryan regarding rental property at 1000 41st Avenue # 103 for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of September 13, 1999. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Joesph Ryan Regarding Rental Property at 1000 41st Avenue # 103 in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of Septemnber 13, 1999 AGENDA SECTION: ORIGiNATING DEPARTMENT: CiTY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: September 7, 1999 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Anthony Melton regarding rental property at 3736-38 3rd Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of September 13, 1999. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Anthony Melton Regarding Rental Property at 3736-38 3rd Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of Septemnber 13, 1999 AGENDA SECTION: ORIGiNATiNG DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: September 7, 1999 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Susan Loewenthal regarding rental property at 4040-42 Cleveland Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of September 13, 1999. The public heating on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Susan Loewenthal Regarding Rental Property at 4040-42 Cleveland Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of Septemnber 13, 1999 AGENDA SECTION: ORIGiNATiNG DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: September 8, 1999 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Ginger Duckworth regarding rental property at 4356 5th Streeet NE for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of September 13, 1999. The public heating on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Ginger Duckworth Regarding Rental Property at 4356 5th Street NE in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CiTY COUNCIL LETTER Meeting of: September 13, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4 Fire ITEM: Establish Hearing Dates BY: Dana Alexon BY: License Revocation, Rental Properties NO: /I/ ',' ,~ "~ DATE: September 8, 1999 DATE: Rev. ocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owner regarding his/her rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Joe Bazzett .................................. 4514-4516 Fillmore Street RECOMMENDED MOTION: Move to Establish a Heating Date of September 27, 1999 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Joe Bazzett at 4514-4516 Fillmore Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 13, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: ~ CITY MANAGER NO: y License Department APPROVAL ITEM: 2000 Business License Fees BY: Kathryn Pepin /~ BY: NO: ~'~ - ~ DATE: August 25, 1999 BACKGROUND Attached is the proposed business license fees for the 2000 license year and a resolution for the same. These fees are reviewed and discussed by the License Review Committee. They considered the fees charged by other cities, the increased costs of staff time involved in review, processing, records checks, etc. ANALYSIS/RECOMMENDATION All fees will remain the same for the year 2000 with the exception of the fee for Auto Recycling Dealer/Yard and Games of Skill. The License Review Committee recommends the increase from $250 to $500 for Auto Recycling Dealers/Yards at this time as there are currently none in existence in the city and the cost for processing of such a license and monitoring of the site would exceed the current $250 fee. The other increase proposed for Games of Skill is due to recent legislative action which states: "A home rule charter or statutory city may impose by ordinance a license fee on amusement machines of no more than the demonstrated and verifiable actual cost of issuin9 the license or $1§ per location plus $15 per machine". Our current fee of $50 per machine has been in effect for many years. The License Review Committee discussed the issue and concurred that the license fee of $15 per location plus $15 per machine may cover the cost of processing such applications and issuing such licenses at this time, however, the process should be monitored for determination of fees for the year 2001 and consecutive years. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 99-'~as there are ample copies available to the public. RECOMMENDED MOTION: Move to approve the Resolution #99- being a Resolution adopting the 2000 Business License Fee Schedule as presented. COUNCIL ACTION: attachments: Resolution 99- Fee schedule Revised Statute RESOLUTION NO, 99-73 ADOPTING 2000 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regardin9 business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 2000. Passed this 13th day of Septernbe,r 1999. Offered by: Wyc ko f f Seconded by: Szu r-ek A11 ayes Rog Call: Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 2000 BUSINESS LICENSE FEES Effective January 1, 2000 through December 31,2000. CATEGORY FEES Amusement Centers/Arcades (~5,000 Bond/SlO0 Inv. Fee)(PO) SS00 $500 Auto Recycling Dealer/Yard (~1000 Bond) PO,FO, ZA Beer Sales (PD, BI, FI) On Sale (tH50 Inv. Fee 1st time appl.) Off Sale (~150 Inv. Fee 1st time appl,) "Club" Beer (~150 Inv. Fee Ist time appl.) Single Event Club Beer (per day basis) (~500 Appl. Fee & ~500 Clean-up deposit) ~350 ~100 ~100 ~100 Carnivals ($500 deposit & insurance) (PO) t~5OIday ,~50 Christmas Tree Sales (FI)(P&Z Comm) (~200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) ~100 Contractors (Bond and Insurance) General (if not licensed by State) Blacktop Excavator Masonry/Concrete Moving Demolition Plaster/Stucco Heating/Cooling Gas Piping Plumbing Sign Installation $50 ,~50 t~50 ~50 ~50 ~50 ~50 ~50 S50 S50 ~50 ~50 Courtesy Benches (Insurance)(Eng. Dept.) ~25/each Games Of Skill (PD) $151location Plus $151machine ARTICLE IV II V V II VI IV VI SECTION 2 2 8 6 2 7 Kennels, Commercial (PD) $50 Plus, per cage $10 CATEGORY Liquor Sales {PD, FI, BI) "Club Liquor" (Bond & Insurance) On Sale Liquor (Bond & Insurance) (inv. Fee $500-810,000) On Sale Limited Liquor (Same as On Sale) On Sale Wine (inv. Fee 8250-82000) Sunday Liquor Sales Sunday Wine Sales Sunday Club Sales Massage Therapist Business (PD,ZA) (8250 Investigation Fee) Massage Therapy, Individual (PD, ZA) (8250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add'l. Metering Device L.P. Gas Per Metering Device Motor Vehicle Rental/Leasing (ZA) A. New Application B. Renewal Application Motor Vehicle Soles (New & Used) (PD) Multiple Dwellings (FI,BI) First 3-4 Units Each Additional Unit Over 4 Re-Inspection Fee for Code Compliance Pawnbroker (85,000 Bondl81 O0 Inv. Fee) (PD) Pet Shop (PD)(Humane Officer) Pool/Billiard Hall (8100 Inv. Fee)(PD) Popcorn, Candy, Food Catering Vehicles (PD) (Insurance- Public & Vehicle Liability) Precious Metal Dealers (85,000 Bond)(PD) (8100 Investigation Fee) New Applicant Renewal FEES 8300 86,300 85,400 ~2,000 8200 8200 8200 8500 8100 ~50 810 850 875 ~50 8200 8 50 8 5 8 70 812,000 850 8100 850 8300 8200 ARTICLE V V V V V V V V VI II VI II VI IV VI VI Page 2 SECTION 3 5 6 7 8 12 12 5 9 2 6 CATEGORY Rental Housing Licenses Single Family & Duplex (Per Unit Basis) Re-Inspection Fee Secondhand Merchant Business {85,000 Bond) (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expositions (8§,000 Bond) First Day Each Additional Day Sexually Oriented/Adult Business (PD,FI,ZA,AC) (Investigation Fee $§00-$10,000) Taxicab Driver {PD) Taxicab Vehicle (PO) Transient Merchant/Peddlers (PD) A. Itinerant Hawker/Peddler B. Transient Merchant Tree Removal & Treatment (ins.) {PWD) FEES ARTICLE VI 815 850 8100 II II 850 Page 3 SECTION 6 4 4 810,000 V 6 825 VI 3 875 VI 3 II 3 850/day; ~ 100/mo.; 8500/yr. 8501day; 8100/mo.; 8500/yr. 850 VI 10 PD BI S&H ZA LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 1-15 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 50% PENALTY OVER ORIGINAL FEE LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE Police Department Building Inspector Safety and Health Inspector Zoning Administrator FI PWD CF AC Fire Department Public Works Dpt City Forester Anoka County All New Licenses Must Have Zoning Administrator's Approval. To: From: C~hy Pepm Fax: 612-782-2857 Pages:, including this cover sheet A~drea B. S~..~rns League of Minnesota Cities (651) 28~-1258 F~x: (65t)215-4116 D~te: July 27, 1999 Comments: Amusement machines license fees law (C'~apter 179) Please don't hesitate to caJl if you require anythin~ further. TRANSMISSION ' = old language to be removed ~- KEY: "'~-"~' underscored - new language to bo added NOTE: If you cannot see any difference in the key above, you need to change the d~sp]av of s~'icke~ and/or underscored language. Authors and Status ' List versions S.F No. 1329, 2nd Engrossment: 81st Legislative Session (! 999-2000) Posted on 5/13/99 1.1 A bill for an act 1.2 relating to cities; limiting license fees on coin and 1.3 currency activated amusement machines; proposing 1.4 coding for new law in Minrsesota Statutes, chapter 449. 1.5 B£ IT ENACTED BY T~E LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. [449.20] [LIMITED LICENSE FEES ON AMUSE,MENT 1.7 MACHINES.] 1.8 A home rule charter or statutory city may impose by 1.9 ordinance a license fee on amusement machines of no more than 1.i0 the demonstrated and verifiable actual cost of issuing the 1.11 license or ~lS,per location plus $15 per machine. I ofl 7/16/99 11:26 AM S2I±ID ~ ~O ]g~3~ ~dO~:~ 66, ~.~ ~f CITY COUNCIL LETTER Meeting of: 9/13/99 AGEND.AtSECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: t~ PUBLIC WORKS ITEM: 1999 STORM WATER IMPROVEMENTS BY: K. Hanse~ BY: ~ ' ~q -- ~ O DATE: 9/8/99~"~ DATE: Background: The 1999 Storm Water Improvements are well under way with Prestemon Park, Jackson Pond, and Monroe and 49 ½ improvements nearing completion. The last major improvement of the 1999 program is improvements to the storm water facilities east of Tyler, between 44th and 43 ½ Avenues. Analysis/Conclusions: The contract documents originally called out for the replacement of about 500 lineal feet of 48 inch corrugated metal pipe (CMP) that runs along the rear properties in this area, along with inlet improvements. In reviewing the existing easements and the amount of intrusion into the rear yards, staff has been reviewing alternatives to complete replacement. Various techniques of slip lining the pipe have been reviewed. A summary is provided on the attached memo from BRA. The costs for this non-intrusive type of repair is very expensive and not competitive with the original contract requirements of complete replacement. To evaluate the condition of the bottom of the pipe (for slip lining), Public Works cleaned a portion of this pipe this summer with approximately 6-8 yards of material removed from the bottom of the pipe. Due to the amount of material found in the bottom of the pipe, the upstream area was also inspected and found to have substantial amounts of bottom sediment, which impacts the flow capacity of the overall piping system. For this reason, staff is recommending completely cleaning the pipe and then determine a course of action. The estimated costs are summarized in the BRA report. Recommended Motion: Move to authorize Visu-Sewer Clean and Seal, Inc. &Minneapolis, Minnesota to clean approximately 1,080 lineal feet of 48 inch storm sewer east of Tyler Street between 43 l/2and 44th Avenues at a cost not-to-exceed $21,000 with funding provided by PIR project fund 415-59909. KH:jb 99-294 Attachment: Memorandum from BRA dated 8/25/99 COUNCIL ACTION: TO: FROM: RE: FILE: DATE: MEMO Kevin Hansen Paul Heuer Storm Water Improvements - Tyler Place BRA File No. 332-98-802 August 25, 1999 ,i~ Bonestroo Rosene ~ Anderlik & Associates Engineers & Architects The purpose of this memo is to inform you of the status of our hnalysis of storm water improvement options for the Tyler Place portion of the contract and to outline a recommended action plan. Background We have obtained quotes for cleaning 1080' of the Tyler pipe and for lining 501' of the Tyler pipe (attached). The quotes for lining were not competitive with replacement. Summary of Options & Estimated Costs Condition ofT¥1erPipe Cleaning Benches* Replacement Lining Total Good $20,412 $3,200 $2~612 Poor $10,943 $3,200 $89,000'* $103,143 Poor $20,412 $3,200 ~$130,000 $153,612 * This work is optional. Other optional work includes installing long radius bends at 90 degree manhole locations. Information on this option will be forwarded in the near future. ** Please note that the original bid was for approximately $121,000. This cost takes into account the savings realized by using HDPE pipe. In addition, we believe that approximately $10,000 can be saved from the replacement option due to working with the Contractor and the property owners with the issue of protectinffreplacing trees. Action Plan We recommend the following action plan for the Tyler Place portion of the project: 1. Pump down Labelle Pond and close the gate for the outlet pipe. 2. Authorize hiring Visu-sewer to clean out the flat sections of pipe directly upstream and downstream of the Tyler pipe in the project. 3. If the pipe is found to be in good condition, then authorize Visu-sewer to clean the Tyler section of pipe and proceed only with improvements related to increasing flow characteristics (benches and inverts). 4. If the pipe is found to be in poor condition, then we will have Rehbein replace the Tyler section of pipe. We further recommend that you consider holding a neighborhood meeting as soon as possible. At this meeting, we will communicate the possible options to the residents. Pc: Bob Barth, BRA CITY COUNCIL LETTER Meeting of.' 9/13/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: &~ PUBLIC WORKS ITEM: AUTHORIZATION TO PURCHASE SALT BY: K. Hans~ BY: STORAGE SHED DOOR AT MSC ~..i~ "' I ~ DATE: 9/8/9~ DATE: Background: During the winter of 1998-1999, Public Works began in-house conslyuction ora salt storage shed. Three walls and the roof have been completed. C~nstructi~nofthefuurthwa~~wasdeIayedtudetermineifathree-sidedshedw~u~dadequate~ypr~tectthesa~t from the elements. The 1998 budget designated $40,000 fromFund# 101-43121-5120 to develop a salt/sand storage facility, approximately $10,500 has been spent to date. Analysis/Conclusions: Staffhas observed the effect of storm events on the salt shed for the last six months and has determined that it will be necessary to install a vehicle entrance door on the fourth wall and provide additional building and yard lighting. To maximize storage space and provide safe and unobstructed access to the salt, staffrecommends installing a custom built bifold door that is almost as wide as the building. This door is equipped with an automatic door opener and is similar to the doors that are used for airplane hangers. (See attachment) The width of the door will be 39'2". To eliminate bowing and sagging and deflection from wind, an internal horizontal truss is added to the doors. All metal parts on the door are double zinc primed and painted to minimize corrosion. Building venting will be added by staff to further reduce the possibility of corrosion. The vendor: Schweiss Bi-fold Doors - quoted price which includes custom built door, automatic opener and installation is $7,615.00 plus tax. They require a 25% down payment. It will take about four weeks to construct the door after they receive the purchase order. Installation will take about a day and one-half. Staff`plans to utilize existing exterior light fixtures, interior fixtures will be new. Staff's goal is to have the salt storage shed completed and operational by the middle &November. Recommended Motion: Move to authorize purchase of bi-fold doors for the salt storage shed from Schweiss Distributing, Inc. in the amount of $7,615.00 plus tax with funds from 101-43121-5120. KHOb 99-289 Attachment: Schweiss Bi-fold Door Brochure COUNCIL ACTION: BI. FOLD Distributing, Inc. Visit us at: Bifold. com CITY COUNCIL LETTER Meeting of: 9/13/99 AGENDtS, SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ CONSENT AGENDA PUBLIC WORKS ITEM: AWARD OF 40TM AVENUE STREET LIGHT BY: K. Hanse~ BY: REPLACEMENT /'~° d- t ~ DATE: 9/8/99'r~'~"-~'-~ DATE: Background: On July 26, 1999, Council authorized staff to seek quotations to replace one street light on 40t~ Ave. N.E. between Van Buren St. and Central Ave. Analysis/Conclusions: Plans and specifications were sent to five contractors. The following two quotes were received by the deadline on September 3, 1999. Heights Electric Metro Electric Const. Co., Inc. $4,350 $4,627 This quote is similar to the cost of the work done in 1996. Funds are available in the Municipal State Aid Maintenance Account for this work. Sufficient funds were allocated in the 1999 budget. Staffmcommends awarding the street light replacement work to the low bidder, Heights Electric. Recommended Motion: Move to award 40th Avenue replacement light to Heights Electric of Columbia Heights, Minnesota, based upon their low, qualified, responsible quotation in the amount of $4,350 with funds to be appropriated from Fund 212- 43190-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb 99-292 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 13, 1999 AGENDA SECTION: ORIGINATING DEPT.: ,,/~5 CITY MANAGER NO: ~ License Department~ APPROVAL ITEM: License Agenda BY: Kathryn Pepin DATE: NO: ~_~../~ DATE: September 10, 1999 BY: BACKGROIIND ANALYSIS Attached is the business license agenda for the September 13, 1999 meeting. City Council In addition to Contractor License applications, there is a request for a license to sell cigarette/tobacco products at the address of 4329 Central Avenue which is the proposed location for a new structure to house Sarna's Tobacco. It was the applicant's intent to make sure their license was approved before proceeding with the project. At the top of the license agenda you will notice a phrase stating '*Signed Waiver Form Accompanied Application". This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECONR~ENDED MOTION: Move to approve the items as listed on the business license agenda for Septeraber 13, 1999. COUNCIL ACTION: TO CiTY COUNCIL September 13, 1999 *Signed Waiver Form Accompanied Application 1999BUSINESSLICENSEAGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *Advanced Energy Services, Inc. "Central Roofing Company 'Jerry's Plumbing 'LeRoy Signs, Inc. *Lagerquist Corp. *Mostar Construction Serv. *Progressive Building Systems Superior Heating & Air ADDRESS 3650 Annapolis Lane 4550 Main St. N.E. 13416 Hanson Blvd. 6325 Welcome Ave. N. 1801 W. River Rd. N. 1350 Heritage DR. 23120 Garrison Rd. 2132- 2"" Ave. N. FEES 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 POLICE DEPT. CIGARETTE/TOBACCO PRODUCTS James J. Sarna d/b/a Sarna's Tobacco 4329 Central Ave. (This is for proposed new construction) 100.00 license.ag BF:C: F'Ii'IANCIAI... ,E;Y,'-i;TEiP{ 09/:L 0/:!.999 09:37:39 I::'LJN)D I:;:lii:(:;AP :: F:' UN :[) DE: S C R ]: PT :1: ON :t. 01 20 :L 203 204 ?05 2:1.3 225 235 L':40 ~.2 ~'H 5 601 ~()3 720 ~84 387 GIE: N li~: F,'A L.. C'OMMIJN]ZTY DL~:VELOF'PIENT FUIqD F'AI:~I~V:IZEW VIL. I...A NORTH Ii~:COI'ICiM]:(: DIEVEI..CiF:'I'qli~Iq'i" ALJTH SEC:T I Cfi-t ,~ F:'ARKV:£E:L'J V:I:LLA SOUTH C:A I{~L.Eii T I;;~IE]-,I T' Al... K. IBRARY ST'AT'El AID COI,ISTRLJCT]XZ)N DOLdI,FT'Ot, dN MA I NTENAI,ICEZ CAF:']ZTAI_ ]~MPF./OVEMI~NT' PARKS C;AF:'ITAL_ ]ZMF'RCIVEMEiNT -. P]ZR L.,tA T E F;,' E; E I, Yli~]:;,' UTILITY REF'USE F:'t Jl-.ID I... I E;Iii~WEI:;~ CONE;TI:;~IJCTIOI,I F:'!JND C)ENTRAL. GAF;~AGE DATA F'RO(~E:S$7, ]: NG !::' E I:;~ P'I ]: T (: C)I'I T F;,' :1: B U T Ii~;0 I::'F~O Jli~ (: T S - GI~:N ESCRC) W I::I..EilX I-:~E:P, tE:F:']Y'F "f'I:;,'US]" F:'UNI) I"C)TAL_ AL..I... · ]~AN I< ~ANI< NAME :~ A bi I"..' CI"lli!:C K ]: t-lG AC:COUNT FOTAI_ Al...1... BAI'-IKI.~ C he (; I,.'. Hi~, tory I) 3: E; Bt J R E; E P'tEZ t,t'/'S 72,232..77 97.83 837.40 70 ,. O0 28. O0 38:1... 70 1,802 .. 29 189 .. 99 9,710 ,. 14 56,580 .. 29 1,467.87 10,8 t 2 ,. 00 293,573.99 12,718.93 4,82Y.66 99,526 ,. 50 198,17 :L .. 74 :L :1.6,254. :L7 5,81:[.. 19 2,798.72 758 .. 52 592.93 18,499. 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FZ D:I:STF~ F:'];(]NIEEF;: R]:M & WI..IEIE1... CO. F'C)S];TIVE F:'F;;OMCYT' IONS I::'F;~ Z[ C)I:;: WINE F'I:;: 0 .~i; 'f'A F:'I::' F:'RC}IE X ....I~JOLF' C A MIEI:;~A RI.,. K KUUS I S-f'[] I...T]D I:;.:O;(:~];NSON LANDSCAF']:NG Il.lC F;:Ot.I Ki.':'iS'~;A IE;ON.":~;T):;,'UCTIC)N i:~UE"f'T I MANN/ROBERT RYBAK EX(]AVATING SIEN,<i;US 'f'ECHNOI.,.OG]iES ]:hi(ii .~;QUE;E:GEE F:'RC~ W]:NDOW CLEA ST JOSEF:'H ' S STIEIEI.. TECH INC STEF:'AN];AK CONSTF;~UCT]]OI*I C S'T'F(EICHIER (BUN'S INC/DC)N SUBURBAIq 'f'II:~E SEI:~V]]CIE St. IF:'ER ]Z C) F;; I::'F~ODUCT SYS'TE]dS StJF'F'LY TAYI. ,OR TECHOLC)G I lES 'f'IEI,.EF'HOIqE AIqSWERING CENT TOWN & COt. JI*ITRY O~:F:ICE CL 'Y'F~U[;REEN CHEIdI.. AWIq TUBBS/MARSHA 'T'W];N CITY GAF~AGIE D[]OI~ CO UM I UN]]::'OFddS UNL]]d:[TED ]:NC V W EIMICKE ASSC)CIA'T'E;S V]]DEO BY CYCI.,.II.I[; VI]KING INDUSTRZI:AL CENTE]R VOSS W & W GENERA'¥C)R I:~EBUII...DIE W I... 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ORIGINATING DEPT' , CITY MANAGER AGENDA SECTION: Consent .. 4 Community Development(~ APPROVAL ITEM: ConditionalUse Permit ~-/~ "/t~'~ BY: JoeHollman '~5:~/r/ BY: NO: Case # 9909-27, 4032 Central Avenue NE DATE: September 8/1999 Issue Statement: This is a request for a Conditional 1 'se Permit to open a coffee shop m a vacant tenant space at 4032 Central Avenue NE which is located in the C.A.S.T. Theater/acting school. Backeround: The coffee shop will serve standard and special coffees, tea, cold drinks and light pre-prepared foods (please see attached proposal for a more detailed description of the proposed services). There will be up to 50 seats inside and roughly 4 - 6 tables outside. The proposed hours of operation are as follows: Sunday - 8:00 AM to midnight, Monday through Wednesday - 6:30 AM to midnight, Thursday and Friday - 6:30 AM to 3:00 AM, and Saturday 8:00 AM to 3:00 AM. Analysis: Section 9.112(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. Note that this section does not state "coffee shop", but coffee shops are not specifically listed anywhere in the Zoning Ordinance. It is staff's interpretation that a coffee shop is a similar use to those listed above and should be allowed in the Central Business District as a Conditional Use Permit. Considering that there will be outdoor seating, there is a recommended condition of approval that a waste receptacle be provided for patrons using the outdoor seats. Please note that the applicant intends to bring the tables and chairs indoors when the business is closed. The City is currently engaged in a planning process for a Master Redevelopment Plan for Downtown Columbia Heights. As part of this process, a market analysis was prepared by representatives from Colliers Towle Real Estate. Their research and analysis indicates that any successful new development in the area will likely be in the form of smaller-scale retail, service and/or office products, possibly mixed with smaller-scale low, medium or even high density residential uses. The report listed a coffee shop as a possible commercial use for the area. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on September 7, 1999. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the proposed coffee shop at 4032 Central Avenue NE, subject to the following conditions. 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance, 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. A waste receptacle shall be provided for patrons using the outdoor seating area. Attachments: COUNCIL ACTION: Case: 9909-27 Page: I STAFF REPORT TO ~ PLANNING AND ZONING COMIVIISSION FOR Tm: SEm~MBER 7, 1999 PUBLIC i:[FARING Case #: 9909-27 GENgRAL INFORMATION Owner: Chuck Anderson Applicant: Address: 4030 Central Avenue NE Columbia Heights, MN (612) 871-2551 Phone: Jennifer Bryan 3745 Elliot Avenue S Minneapolis, MN 55407 (612) 822-2775 Parcel Address: 4032 Central Avenue NE Zoning: CBD, Central Bttsiness Dislxict Comprehensive Plan: C - Commercial Surrounding Zoning and Land Uses: Zoning North: CBD South: CBD East: CBD West: CBD Land Use North: Commercial South: Commercial East: Comraereial West: Public parking l~amp BACKGROUND I ha' u · This is a request for a Conditional Usc Permit to open a coffee shop in a vacant tenant space at 4032 Central Avenue NE which is located in the C.A.S.T. Theater/acting school. The coffee shop will serve standard and special coffees, tea, cold drinks and light pre-prepared foods (.please see attached proposal for a more detailed description of the proposed services). There will be up to 50 seats inside and roughly 4 - 6 tables outside. The proposed hours of operation are as follows: Sunday - 8:00 AM to midnight, Monday through Wednesday - 6:30 AM to midnight, Thursday and Friday - 6:30 AM to 3:00 AM, and Saturday 8:00 AM to 3:00 AM. Case History: Case 9809-39 was a request for site plan approval fxom the Planning and Zoning Commission to allow a second story on the building located at 4030 Central Avenue NE for the theater/acting school. This request was approved. Case: 9909-27 Page: 2 ANALYSIS Surrounding Prot~erty: The surrounding property in all four directions is zoned CBD, Central Business District. The neighboring lots on the north, south, and east are used commercially. The property to the west is used for a public parking ramp. Technical Review: Section 9.112(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. Note that this section does not state "coffee shop", but coffee shops are not specifically listed anywhere in the Zoning Ordinance. It is staWs intexpretation that a coffee shop,is a similar use to those listed above and should be allowed in the Central Business District as a Conditional Use Permit. Minimum Yard and Density requirements in the Central Business District are as follows: 1. The floor area ratio shall not exceed 6.0. Floor Area Ratio is defined as the numerical value obtained through dividing the gross floor area ora building or buildings by the lot area on which such building or buildings are located. The Floor Area Ratio for the building is approximately 1.5 which meets this requirement. 2. Every lot shall have a minimum frontage of 20 feet. The subject parcel has a frontage of 50 feet which meets this requirement. 3. Front Yard shall be one foot. The existing building meets this requirement. The proposed coffee shop will be roughly 800 square feet (25' x 32'), and as mentioned earlier will contain up to 50 seats. Parking requirements for a coffee shop are at least one space for each 3 seats, which will require 17 parking spaces. There are no on-site park/ag spaces provided, but the property does have use of the City parking ramp which is located immediately across the alley to the west of the subject property. Considering that the parking ramp is available, mlnlroum parking requi~ments will be met, including handicap parking. The building is also required to provide space for loading and unloading. Note that there is currently space available offthe alley in back of the building for Io~ling and unloading. Waste material storage is located behind the building which complies with the Zoning Ordinance. The dumpster is located on a pad on City property which was designed to be used for waste material storage. Considering that there will be outdoor seating, staffwill recommend as a condition of approval that a waste receptacle be provided for patrons using the outdoor seats. Please note that the applicant intends to bring the tables and chairs indoors when the business is closed. Case: 9909-27 Page: 3 The City is currently engaged in a planning process for a Master Redevelopment Plan for Downtown Columbia Heights. As part of this process, a market analysis was prepared by representatives from Colliers Towle Real Estate. Their research and analysis indicates that any successful new development in the area will likely be in the form of smaller-scale retail, service and/or office products, possibly mixed with smaller-scale low, medium or even high density residential uses. The report listed a coffee shop as a possible commercial use for the area. Comvliance with City Comvrehensive Plan: The City Comprehensive Plan designates this area for future commercial use. One of the goals of the Land Use and Redevelopment component of the Plan states "Improve the commercial viability of the Central Avenue Corridor while protecting nearby residential neighborhoods." Also, in the Plan's discussion of locatious of special planning interest, it states that the City should promote private redevelopment of underutilized and/or deteriorated sites. The proposal is consistent with the City Comprehensive Plan. Summarw The positive aspects of this proposal are as follows. 1. The proposal is consistent with the City Comprehensive Plan and meets the minimum requirements of the Columbia Heights Zoning Ordinance. 2. The use will provide an additional entertainment amenity for downtown Columbia Heights. The negative aspects of this proposal are as follows. 1. There does not appear to be any negative aspects. CONCLUSION Sta_~ Recommendation: Staff recommends approval of the Conditional Use permit as it meets the technical standards of the Zoning Ordinance and is consistent with the City Comprehensive Plan, subject to the conditions listed in the recommended motion. Recommended Motion: Move to recommend City Council approval the Conditional Use Permit to allow the proposed coffee shop at 4032 Central Avenue NE, subject to the following conditions. 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. A waste receptacle shall be provided for patrons using the outdoor seating area. Attachments: · Completed application form; proposal; floor plans; and, Notice of Public Hearing COMMUNITY D~/.- CH 6127522857 ~-----~ P. 2 · 'CZTY OF COLU~t ~ZGBT$ Variance Pr&racy Fence Cond£~£onal Use Permit Subdivim~ou Approval $~te Plan Approval Ot~er .Fao,=,, [ Zonlnt: Applicable City Ordinance Number 7. Reason for Request: Proposed gon~nB --'--- Proposea use 6~£et ~[,.,~,, Acknovledsment end Sf~nature: The unders£~ned hereby represents upon all of the pe~a~tXe$ of lev, for the purpose of lnduc~n$ ~he ¢~ty of ¢olumbla Bei~ht$ ~o ~e the action here~ requested. ~t a~l s~atements he~e~ are ~e ~d ~at a~ work here~n mentioned v2~l b~ dc~e ~ ~ccor~ce wXth ~he 0rd~n~ces o~ ~e City o~ the lays of ~he State of Taken ~y: PROPOSAL FOR COFFEE SHOP: 4~30 Central Avenue Submitted for review by 3ennifer Bryan 3uly 22, 1999 A stylish, European-style coffee shop, serving standard and spedalty coffees, tea, cold drinks and ~rted light pre-prepared foods. A place to come mad, relax, study, vtsrc with friends, while having a hot or cool drink and/or a light snack or sandwich. Menu Xtems: Regular Coffee and Tea Spedalty Coffees: Espr~o, Latte, Cappuccino, and Turkish Iced Coffee Drinks Cold Drinks; Ttalian Sodas, Specialty sodas, mineral water Slush Drinks- frapuchino, fruit Sandwiches and Wraps (pre-packaged, delivered fresh by caterers) Cakes and desserts Biscotti, scones, muffins, cookies European speciatty desserts and foods Imported magazines and newspapers Imported European music- CD's and me~e tapes Personal Computer Access (2 P.Cs available for Intemet access and European chat) European, Casual: marble tables original art leather sofa area track lighting subdued colors to compliment C.A.S.T Theatre lobby fountain hand-painted mural custom-bar Outdoor seating ama: metal tables and chairs planters with flowers Entertainment: O~m~ional live music on Friday and/or Saturday nights - folk/e[hnic European music and American music Capacity/Operating Hours: Caoacttv 50 max inside: 10 tables @ 4 chairs each 2 IoveseaL~ 2 computers Exterior: 4 to 6 tables Ooeratina Hoqr~: Sunday Monday -Wednesday Thursday -Fdday Saturday 8:00 AN - midnight 6:30 AN to midnight 6:30 AN - 3 AN 8:00 AN - 3 AM CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.I=. COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANN/N6 AND ZONING COMMI$SIO/V NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, September 7, 1699. The order of business is as follows: A request for a Conditional Use Permit to allow a coffee shop in a vacant tenant space at 4032 Central Avenue N.E. which is located in the C.A.S.T. Theater/Acting School, 4030 Central Avenue. The coffee shop will sewe standard and special coffees, tea, cold drinks and light pm-prepared foods. The proposed hours of operation are as follows: Sunday- 8:00 AM to midnight, Monday throuoh Wednesday - 6:30 AM to midnight, Thursday and Friday - 6:30 AM to 3:O0 AM, and Saturday 8:00 AM to 3:00 AM. Section 9.112(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for coffee shops in the CBD, Central Business Oistrict. Notice is hereby given that all persons having an interest will be given an opportunity to he heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp CITY COUNCIL LETTER Meeting of: September 13, 1999 AGENDA SI~CTION: Consent ORIGINATING DEPT.: CITY MANAGER Community Development APPROVAL q-Fl ITEM: Conditional Use Permit BY: Joe Hollman -~/7( BY: NO: Case # 9909-29, 4079 Central Avenue NE DATE: September 8,/t999 Issue Statement: The applicant requests a Conditional Use Permit to open a New Horizon Child Care in a 9,500 square foot tenant space in the Columbia Heights Mall at 4079 Central Avenue NE. Background: A 4,563 square foot playground is also proposed for the site. 3,044 square feet will be utilized by preschool and the remaining 1,519 square feet is intended to be used by toddlers. This playground will be surrounded by a raised curb and a fence. The surface of the playground will be a combination of wood chips, sod, and a concrete path. Note that no additional lighting is proposed for the playground as the facility will not be open in the evenings. Analysis: The proposed playground will encroach into the existing parking lot and a total of 9 parking spaces will be lost as a result. Note that if this tenant space were to remain as retail, 48 parking spaces would be required. Even though 9 spaces will be lost, converting this tenant space into a day care center ~vill lessen the amount of parking required on the site. Traffic circulation on the site will be impacted by the playground. Note that there is currently a drive aisle located alongside the building which will be removed, and traffic will be redirected around the playground. It is not anticipated that this will create problems because it appears that traffic circulation and access can still occur efficiently on site. The presence of the playground and redirecting of traffic may actually increase the safety in the area as vehicles will not be able to drive past the child care center entrance doors. Rather, vehicles will need to slow down and mm away from the building to circulate around the playground. In an effort to further increase the safety of the parking lot in this area, it is recommended that speed bumps be provided in the area. Also, the traffic circulation pattern shall be clearly identified. Much of the traffic generated by this facility will be parents driving in and parking temporarily to drop off and pick up their children. Because of this, it is recommended that the site plan be amended to accommodate space next to the sidewalk along the building for temporary parking drop offand pick up. These spaces shall be clearly marked and identified as temporary parking for child drop offand pick up (see attached recommended site plan). A day care center was listed as a possible commercial use for the area in a market analysis prepared by Colliers Towle Real Estate. Also, according to the Southern Anoka County Consortium, Anoka County has a shortage of available day care. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on September 7, 1999. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation of New Horizon Child Care at 4079 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. A speed bump shall be provided in the drive aisle between the sidewalk along the building and the double-row of parking to the west of the proposed playground. A second speed bump shall be provided in the area in front of the tenant space currently occupied by Sylvester's. 4. The traffic circulation pattern shall be clearly identified and marked on the surface of the parking lot and/or with directional signage. 5. The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shall be clearly marked and identified. Attachments: ACTION: Case: 9909-29 Page: I Case #: Owner: Address: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE SEPTEMBER 7, 1999 PUBLIC HEARING 9909-29 GENERAL INFORMATION Columbia Heights Center 6440 Flying Cloud Dr., #203 Eden Prairie, MN 55344 (612) 944-1665 Parcel Address: 4079 Central Avenue NE AppHcant: Zoning: CBD, Central Business District Comprehensive Plan: C - Commemial New Horizon Child Care 16355 36~AvenueN Plymouth, MN55446 (612) 561-5757 Surrounding Zoning and Land Uses: Zoning North: CBD Land Use North: Commercial South: CBD & R-4 South: Commercial & Parkview Villa East: R~4 East: Labelle Condominiums West: CBD West: Commercial BACKGROUND Explanation qf Request: The applicant requests a Conditional Use Permit to open a New Horizon Child Care in a 9,500 square foot tenant space in the Columbia Heights Mall at 4079 Central Avenue NE. An approximately 4,563 square foot playground is also proposed. Case History: The original site plan for the mall was approved in 1981. During the regular meeting of March 2, 1999, the Planning and Zoning Cormnission approved a site plan to allow the build-out of the Columbia Heights Mall. Also, at it's April 6 meeting the Commission approved a site plan to allow the Columbia Heights Transit Hub to be constructed near the northwest comer of the property. Case: 9909-29 Page: 2 ANALYSIS Surrounding Property: The surrounding property to the north, south, and west is zoned CBD, Central Business District and is used commercially. Note that the property to the south of the proposed child care center is zoned Ro4 as well as CBD, and is used by Parkview Villa. The property to the east is also zoned R-4, Multiple Family Residential and is used by Labelle Condominiums. Technical Review: According to Section 9.112(2) of the Columbia Heights Zoning Ordinance, a Conditional Use Permit will be required for a day care center in the CBD, Central Business District. Minimum Yard and Density Requirements are listed below. · The floor area ratio shall not exceed 6.0. Floor Area Ratio is defined as the numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located. The proposal meets this requirement. · Every lot shall have a minimum fi'ontage of 20 feet. The subject parcel greatly exceeds this requirement. · Front Yard shall be one foot. The existing building and proposed improvements meet this requirement. A 4,563 square foot playground is also proposed for the site. 3,044 square feet will be utilized by preschool and the remaining 1,519 square feet is intended to be used by toddlers. This playground will be surrounded by a raised curb and a fence. The surface of the playground will be a combination of wood chips, sod, and a concrete path. Note that no additional lighting is proposed for the playground as the facility will not be open in the evenings. The Zoning Ordinance does not specifically address parking requirements for a day care, so parking requirements for the most similar use need to be applied which appears to be an elementary school. An elementary school requires at least one parking space for each classroom, plus one additional space for each 300 student capacity. There will be a total of 9 classrooms, and the facility will hold approximately 164 kids, so a total of 10 parking spaces are required. The proposed playground will encroach into the existing parking lot and a total of 9 parking spaces will be lost as a result. Note that if this tenant space were to remain as retail, 48 parking spaces would be required. Even though 9 spaces will be lost, converting this tenant space into a day care center will lessen the amount of parking required on the site. As a reminder, the transit hub will remove 66 parking spaces 15om the entire site, leaving a total of 347 spaces which was 30 less than required for the mall. However, parking spaces in the 40~ Avenue Parking Ramp can be counted as required off-street parking for the Mall so minimum parking requirements were still being met. The loss of parking spaces for the transit hub and the proposed playground will result in a total of 338 spaces left on the site. Note that at the time that the transit hub proposal was being reviewed, this particular space was being calculated as retail. Because the subject tenant space is changing from retail (48 spaces required) to day care (10 spaces Case: 9909-29 Page: 3 required), the total number of parking spaces required for the mall is 339 which is one more than provided. As mentioned above spaces in the 404 Avenue Parking Ramp can be counted as required off-street parking for the Mall, so minimum requirements are met. Traffic circulation on the site will be impacted by the playground. Note that there is currently a drive aisle located alongside the building which will be removed, and traffic will be redirected around the playground. It is not anticipated that this will create problems because it appears that traffic circulation and access can still occur efficiently on site. The presence of the playground and redirecting of traffic may actually increase the safety in the area as vehicles will not be able to drive past the child care center entrance doors. Rather, vehicles will need to slow down and turn away from the building to cimulate around the playground. In an effort to further increase the safety of the parking lot in this area, staff will recommend as a condition of approval that a speed bump be provided in the drive aisle between the sidewalk along the building and the double-row of parking to the west of the proposed playground. Also, the traffic cimulation pattern shall be clearly marked on the surface of the parking lot. Much of the traffic generated by this facility will be parents driving in and parking temporarily to drop off and pick up their children. Because of this, staff will recommend as a condition of approval that the site plan be amended to accommodate space next to the sidewalk along the building for temporary parking drop off and pick up. It appears that there is enough room for two, possibly three, spaces. These spaces shall be clearly marked and identified as temporary parking for child drop offand pick up. The following provides a breakdown of the projected clientele and the proposed floor plan. As mentioned above, the 9,500 square foot area will be designed to accommodate a future total of 164 kids. There will be two rooms for a total of 16 infants. Two rooms will be available for 28 toddlers. · There will be 60 preschoolers in 3 rooms. One room will be provided for 30 school age kids. · A future school age room for 30 will also be provided. The City is currently engaged in a planning process for a Master Redevelopment Plan for Downtown Columbia Heights. As part of this process, a market analysis was prepared by representatives from Colliers Towle Real Estate. Their research and analysis indicates that any successful new development in the area will likely be in the form of smaller-scale retail, service and/or office products, possibly mixed with smaller-scale low, medium or even high density residential uses. The report listed a day care center as a possible commercial use for the area. Also, according to the Southern Anoka County Consortium, Anoka County has a shortage of available day care. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One of the goals of the Land Use and Redevelopment component of the Plan states "Improve the Case: 9909-29 Page: 4 commemial viability of the Central Avenue Corridor while protecting nearby residential neighborhoods." The Plan does not specifically address day care in any goals and objectives, but service businesses are encouraged. The addition ora day care center in downtown Columbia Heights will provide a valuable service to the area. The proposal is consistent with the City Comprehensive Plan. Summary: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan and minimum requirements of the Zoning Ordinance are being met. 2. The addition of a day care center in downtown Columbia Heights will provide a valuable service to the area. The negative aspects of this proposal are as follows: 1. The proposed playground will remove nine parking spaces tSom the mall parking lot, but considering that the day care center significantly reduces the number of parking spaces required as opposed to retail/office space the parking demand will decrease. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit to allow New Horizons Child Care in the Central Business District, subject to the conditions listed in the recommended motion. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of New Horizon Child Care at 4079 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, peimits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. A speed bump shall be provided in the drive aisle between the sidewalk along the building and the double-row of parking to the west of the proposed playground. 4. The traffic circulation pattern shall be clearly marked on the surface of the parking lot. 5. The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shall be clearly marked and identified. Attachments: Completed application form; site plan; floor plan; and Public Notice CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Pence Conditional Use Permit Subdivision Approval Site Plan Approval Other R.c.ipt.o, J ll7 2. Legal Description of Subject Property: Applicant Address: Phone: · Zoning: Applicable City Ordinance Number Present ZoninS C'~ ~ Present Use ~7'4(~- V Section Proposed Zoning. "-' Proposed Use 7. Reason for Request: 8. F~xhibits Submitted (maps, diagrams, etc.) AcknowledKment and SiKnature: 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 ~ity of columbia Heights end the laws of the State of Minnesota. Signature of Applicant: ~/~ Date: (~fL~-~"7 ~/// Taken By: !ii CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, September 7, 1999. The order of business is as follows: A request for a Conditional Use Permit to open a New Horizon Child Care Center in a 9,500 square foot portion of the tenant space formerly occupied by Marshall's in the Columbia Heights Mall at 4079 Central Avenue NE. An approximately 4,563 square foot fenced playground is also proposed which will encroach into the existing parking lot resulting in the net loss of 9 parking spaces. Section 9.112(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for day care centers in the CBD, Central Business District. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CiTY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp CITY COUNCIL LETTER Meeting of: September 13, 1999 AGENDA SI}CTION: Consent ORIGINATING DEPT.: CITY MANAGER ¥ Community Development APPROVAL ITEM:Conditional Use Permit "~ BY: Joe Hollman -~----//~ BY: NO: Case # 9909-29, 4079 Central Avenue NE DATE: September 8/t999 Issue Statement: The applicant requests a Conditional Use Permit to open a New Horizon Child Care in a 9,500 square foot tenant space in the Columbia Heights Mall at 4079 Central Avenue NE. Background: A 4,563 square foot playground is also proposed for the site. 3,044 square feet will be utilized by preschool and the remaining 1,519 square feet is intended to be used by toddlers. This playground will be surrounded by a raised curb and a fence. The surface of the playground will be a combination of wood chips, sod, and a concrete path. Note that no additional lighting is proposed for the playground as the facility will not be open in the evenings. Analysis: The proposed playground will encroach into the existing parking lot and a total of 9 parking spaces will be lost as a result. Note that if this tenant space were to remain as retail, 48 parking spaces would be required. Even though 9 spaces will be lost, converting this tenant space into a day care center will lessen the amount of parking required on the site. Traffic circulation on the site will be impacted by the playground. Note that there is currently a drive aisle located alongside the building wt~ch will be removed, and traffic will be redirected around the playground. It is not anticipated that this will create problems because it appears that traffic circulation and access can still occur efficiently on site. The presence of the playground and redirecting of traffic may actually increase the safety in the area as vehicles will not be able to drive past the child care center entrance doors. Rather, vehicles will need to slow down and turn away from the building to circulate around the playground. In an effort to further increase the safety of the parking lot in this area, it is recommended that speed bumps be provided in the area. Also, the traffic circulation pattern shall be clearly identified. Much of the traffic generated by this facility will be parents driving in and parking temporarily to drop offand pick up their children. Because of this, it is recommended that the site plan be amended to accommodate space next to the sidewalk along the building for temporary parking drop offand pick up. These spaces shall be clearly marked and identified as temporary parking for child drop off and pick up (see attached recommended site plan). A day care center was listed as a possible commercial use for the area in a market analysis prepared by Colliers Towle Real Estate. Also, according to the Southern Anoka County Consortium, Anoka County has a shortage of available day care. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on September 7, 1999. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation of New Horizon Child Care at 4079 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Orf~nance. 3. A speed bump shall be provided in the drive aisle between the sidewalk along the building and the double-row of parking to the west of the proposed playground. A second speed bump shall be provided in the area in front of the tenant space currently occupied by Sylvester's. 4. The traffic circulation pattern shall be clearly identified and marked on the surface of the parking lot and/or with directional signage. 5. The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shall be clearly marked and identified. Attachments: COUNCIL ACTION: Ca~e: 9909-29 Page: I Case #: Owner: Address: STAFF REPORT TO ~ P~G AND ZONING COMMISSION FOR ~ SEPTEMBER 7, 1999 PUBLIC HEARING GENERAL INFORMATION 9909-29 Columbia Heights Center 6440 Flying Cloud Dr., #203 Eden Prairie, MN 55344 (612) 944-1665 Parcel Address: 4079 Central Avenue NE Zoning: CBD, Central Business District Comprehensive Plan: C - Commercial Applicant: NewHorizon Child Care 16355 36aAvenueN Plymouth, IV12q55446 (612)561-5757 Surrounding Zoning and Land Uses: Zoning North: CBD South: CBD & R-4 East: R4 West: CBD Land Use North: Commercial South: Commercial & Parkview Villa East: Labelle Condominiums West: Commercial BACKGROUND F..xManation of Reauest: The applicant requests a Conditional Use Permit to open a New Horizon Child Care in a 9,500 square foot tenant space in the Columbia Heights Mall at 4079 Central Avenue NE. An approximately 4,563 square foot playground is also proposed. .~ase History: The original site plan for the mall was approved in 1981. During the regular meeting of March 2, 1999, the Planning and Zoning Commission approved a site plan to allow the build-out of the Columbia Heights Mall. Also, at it's April 6 meeting the Commission approved a site plan to allow the Columbia Heights Transit Hub to be constxueted near the northwest comer of the property. Case: 9909-29 Page: 2 ANALYSIS Surroundimz Prorertv: The surrounding property to the north, south, and west is zoned CBD, Central Business District and is used commercially. Note that the property to the south of the proposed child care center is zoned R-4 as well as CBD, and is used by Parkview Villa. The property to the east is also zoned R4, Multiple Family Residential and is used by Labelle Condominiums. Technical Rewiew: According to Section 9.112(2) of the Columbia Heights Zoning Ordinance, a Conditional Use Permit will be required for a day care center in the CBD, Central Business District. Minimum Yard and Density Requirements are listed below. The floor area ratio shall not exceed 6.0. Floor Area Ratio is defined as the numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located. The proposal meets this requirement. · Every lot shall have a minimum fi'ontage of 20 feet. The subject parcel greatly exceeds this requirement. · Front Yard shall be one foot. The existing building and proposed improvements meet this requirement. A 4,563 square foot playground is also proposed for the site. 3,044 square feet will be utilized by preschool and the remairfing 1,519 square feet is intended to be used by toddlers. This playground will be surrounded by a raised curb and a fence. The surface of the playground will be a combination of wood chips, sod, and a concrete path. Note that no additional lighting is proposed for the playground as the facility will not be open in the evenings. The Zoning Ordinance does not specifically address parking requirements for a day care, so parking requirements for the most similar use need to be applied which appears to be an elementary school. An elementary school requires at least one parking space for each classroom, plus one additional space for each 300 student capacity. There will be a total of 9 classrooms, and the facility will hold approximately 164 kids, so a total of 10 parking spaces are required. The proposed playground will encroach into the existing parking lot and a total of 9 parking spaces will be lost as a result. Note that if this tenant space were to remain as retail, 48 parking spaces would be required. Even though 9 spaces will be lost, converting this tenant space into a day care center will lessen the amount of parking required on the site. As a reminder, the transit hub will remove 66 parking spaces from the entire site, leaving a total of 347 spaces which was 30 less than required for the mall. However, parking spaces in the 40~ Avenue Parking Ramp can be counted as required off-street parking for the Mall so minimum parking requirements were still being met. The loss of parking spaces for the transit hub and the proposed playground will result in a total of 338 spaces left on the site. Note that at the time that the transit hub proposal was being reviewed, this particular space was being calculated as retail. Because the subject tenant space is chang/ng from retail (48 spaces required) to day care (10 spaces Case: 9909-29 Page: 3 requked), the total number of parking spaces required for the mail is 339 which is one more than provided. As mentioned above spaces in the 40~ Avenue ParkiNg Ramp can be counted as required off-street parking for the Mall, so minimum requirements are met. Traffic circulation on the site will be impacted by the playground. Note that there is currently a drive aisle located aiongside the building which will be ~moved, and traffic will be redirected around the playground. It is not anticipated that this will create problems because it appears that traffic circulation and access can still occur efficiently on site. The presence of the playground and redirecting of traffic may actually increase the safety in the area as vehicles will not be able to drive past the child care center entrance doors. Rather, vehicles will need to slow down and turn away from the building to circulate around the playground. In an effort to further increase the safety of the parking lot in this area, staffwill recommend as a condition of approval that a speed bump be provided in the drive aisle between the sidewalk aiong the building and the double-row of parking to the west of the proposed playground. Also, the traffic circulation pattern shall be clearly marked on the surface of the parking lot. Much of the traffic generated by this facility will be parents driving in and parking temporarily to drop offand pick up their children. Because of this, staff will recommend as a condition of approval that the site plan be amended to accommodate space next to the sidewalk aiong the building for temporary parking drop offand pick up. It appears that there is enough room for two, possibly three, spaces. These spaces shail be clearly marked and identified as temporary parking for child drop offand pick up. The following provides a breakdown of the projected clientele and the proposed floor plan. As mentioned above, the 9,500 square foot area will be designed to accommodate a future total of 164 kids, · There will be two rooms for a total of 16 infants. · Two rooms will be available for 25 toddlers. · There will be 60 preschoolers in 3 rooms. · One room will be provided for 30 school age kids. · A future school age room for 30 will aiso be provided. The City is currently engaged in a planning process for a Master Redevelopment Plan for Downtown Columbia Heights. As part oft. his process, a market anaiysis was prepared by representatives from Colliers Towle Real Estate. Their research and anaiysis indicates that any successful new development in the area will likely be in the form of smailer-scaie retail, service and/or office products, possibly mixed with smailer-scaie low, medium or even high density residentiai uses. The report listed a day care center as a possible commereiai use for the area. Also, according to the Southern Anoka County Consortium, Anoka County has a shortage of available day care. ~omDliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One of the goais of the Land Use and Redevelopment component of the Plan states "Improve the Case: 9909-29 Page: 4 commercial viability of the Central Avenue Corridor while protecting nearby residential neighborhoods." The Plan does not specifically address day care in any goals and objectives, but service businesses are encouraged. The addition of a day care center in downtown Columbia Heights will provide a valuable service to the area. The proposal is consistent with the City Comprehensive Plan. Summary: The positive aspects of this proposal are aa follows: 1. The proposal is consistent with the City Comprehensive Plan and minimum requirements of the Zoning Ordinance are being met. 2. The addition of a day care center in downtown Columbia Heights will provide a valuable service to the area. The negative aspects of this proposal are as follows: I. The proposed playground will remove nine parking spaces from the mall parking lot, but considering that the day care center significantly reduces the number of parking spaces required as opposed to retail/office space the parking demand will decrease. CONCLUSION Staff Recommendation: Staffrecommends approval of the Conditional Use Permit to allow New Horizons Child Care in the Central Business District, subject to the conditions listed in the recommended motion. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of New Horizon Child Care at 4079 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City proscribed application form and must fully comply with the Zoning Ordinance. 3. A speed bump shall be provided in the drive aisle between the sidewalk along the building and the double-row of parking to the west of the proposed playground. 4. The traffic circulation pattern shall be clearly marked on the surface of the parking lot. 5. The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shall be clearly marked and identified. Attachments: Completed application form; site plan; floor plan; and Public Notice CITY OF COLUHBIAHEIGHTS Application 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= 3. Applicant: 4. Owner= Phone .' ~,~ f- ~'7J7 Phone= Zoning= Applicable City Ordinance Nunber Present Zoning C~Q Present Use ~('~(~... ~ Proposed Zoning Proposed Use (~;i~ 7. Reason for Request= 8. e-~tbl~s Submitted (naps, dtagraus, eec.) Acknovled~uent and Si~nature: The undersi~ned hereby represents upon all of the penalties of lay, for the purpose o~ tnducin$ the City o~ Columbia Rei$hts to take the action herein requested, that all statements herein are true and that all work herein ~ntioned vi11 be done in accordance with the Ordinances of the City of Columbia Heights and ~he lays of the S~ete of Hinneso~a. Siinature of Applican~= ~ Date: Taken By: '7 ti$ EIE Eq ff I I F E t E5 H tu r Eo iii clqtE' i Es !t $in s$' aaffgII 8: Bl ig * $iilo.il El 5b'tn' >E5-gE*= g4 $E PlE-Eol[ E3* EIIiogI ,o. sg _U nmrfz n { -TIr oon Tr Z s n -I S 1{z!Oz o N) ep I I tl)o 5rffiD 3gifi EFi- ,// $ito. d sl !If; Uir E[$'h I CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA. HEIGHTS, MN 55421-3876 (612) 782-2800 TDD 782-2806 PLANNING A~/D ZO/II/V6 COMMI$S/O/V NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 690 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, September 7, 1099. The order of business is as follows: A request for a Conditional Use Permit to open a New Horizon Child Care Center in a 9,500 square foot portion of the tenant space fo~nerly occupied by Marshall's in the Columbia Heights Mall at 4079 Central Avenue NE. An approximately 4,663 square foot fenced playground is also proposed which will encroach into the existing parking lot resulting in the net loss of 9 parking spaces. Section 9.112(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for day care centers in the CaD, Central Business District. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp CLTY COUNCIL LETTER Meeting of: September 13, 1999 AGENDA~CTION: Consent ORIGINATING DEPT.: //~ CITY MANAGER Community Development ~ ~ APPROVAL ITEM: Ordinance No. 1400 ~- ~ "' / q BY: Joe Hollma~/fir/' BY: NO: Case # 9909-31, 4200 & 4216 Central Avenue NE DATE: September 8( I999 Issue Statement: The applicant requests a rezoning of 4216 Central Avenue NE fi-om LB, Limited Business, to R_B, Retail Business for the purposes of constructing an office building at 4200 and 4216 Central Avenue NE. Background: The applicant has agreed to purchase the property fi-om the current owner by Contract for Deed, and the existing building is scheduled to be demolished (see attached letter). Note that the applicant has also agreed to purchase the property at 4216 Central Avenue NE fi-om the Columbia Heights Economic Development Authority (EDA). This agreement was approved during the July 22, 1999, meeting of the EDA. Also, on September 7, 1999, the Planning and Zoning Commission approved a site plan to allow the construction of an office building at 4200 & 4216 Central Avenue NE, subject to the following conditions: (1) All required state and local codes, permits, licenses and inspections will be met and in full compliance; (2) The van accessible access aisle shall be widened to the required eight feet; (3) All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; (4) A vehicle barrier shall be provided where any parking area is located more than five feet above the adjacent grade; (5) Waste material storage shall be located and screened in a manner that is consistent with the Columbia Heights Zoning Ordinance; (6) If additional lighting is added, a lighting plan will need to be reviewed and approved by staff, and light can not exceed 3 foot candles at the property line; and (7) Drainage and grading plans shall be reviewed and approved by the City Engineer. Note that the applicant would like to start construction as soon as possible. Analysis: As mentioned above, the applicant has agreed to a purchase agreement with the Columbia Heights EDA for the acquisition of 4216 Central Avenue NE which is currently zoned LB, Limited Business. Considering that this parcel will be combined with 4200 Central Avenue NE into a single parcel, the zoning for the entire property should be either LB or RB, Retail Business. Note that zoning district boundary lines typically follow lot lines; center lines of street, alley, and railroad right-of-ways; watercourses; or corporate limit lines. The proposed office building is a permitted use in both the LB and KB zoning districts, so 4216 Central could be rezoned to RB or 4200 Central Avenue could be rezoned to LB. The LB District is intended to be a neighborhood-oriented commercial district which is located in two areas along Central Avenue - west of Central between 44~ Avenue NE and 45~ Avenue NE and on both sides of Central between 43Td Avenue NE and 42nd Avenue NE (see attached zoning map). Also attached, please find a list of permitted and conditional uses in both the LB and KB Districts. From a long-range planning perspective and considering the high-traffic nature of Central Avenue, expanding the KB District in this area seems more appropriate than expanding the LB District. As a result, this request is to rezone 4216 Central Avenue from LB, Limited Business, to RB, Retail Business. Recommendation: The Planning and Zo~fmg Commission held a Public Hearing for the request on September 7, 1999. They voted unanimously to recommend City Council approval of the rezoning. Recommended Motion: Move to waive the reading of Ordinance No. 1400, there being ample copies available to the Public. Move to establish September 27, 1999, at approximately 7:00 p.m. as the second reading of orffmance No. 1400, an Ordinance rezoning 4216 Central Avenue NE from LB, Limited Business District, to R.B, Retail Business District. Attachments: COUNCIL ACTION: ORDINANCE NO. 1400 BEING AN ORDINANCE AMIENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THIS REZONING OF CERTAIN PROPERTY Section 1: Section 2: Section 3: That certain property legally described as Lot 9, Block 37, Columbia Heights Annex to Minneapolis. To authorize and direct staffto amend the official zoning map to reflect the change in zoning fi.om LB, Limited Business District, to RB, Retail Business Disthct, upon the effective date of said ordinance. This ordinance shall be ia full force and effect fi.om and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Jo-Anne Student, council Secretary Case: 9909-31 Page: 1 STAFF'REPORT TO ~ PLANNING AND ZONING COMMISSION -' FOR ~ SEPTEMBER 7, 1999 PUBLIC HEARING Case #: 9909-31 GENERAL INFORMATION Owner: Dwight Sundeen Applicant: Address: 1708 South Street Leesburg, Florida Brace Nedegaard 4025 Stinson Blvd Columbia Heights, MN (612) 757-2926 Parcel Address: 4200 Cenlxal Avenue NE and 4216 Central Avenue NE Zoning: 4200 Central is zoned RB, Retail Business, and 4216 Central is zoned LB, Limited Business Comprehensive Plan: C - Commercial . Surrounding Zoning and Land Uses: Zoning North: LB South: CBD East: LB West: R-2 Land Use North: Commercial South: Commercial East: Commercial West: Residential BACKGROUND Exvlanation of Reauest: The applicant requests site plan approval from the Planning and Zoning Commission to construct an office building at 4200 Central Avenue NE. This is also a request for a rezoning of 4216 Central Avenue NE from LB, Limited Business, to RB, Retail Business. Ca~e H~mr~: Case 8811-53 was a request for a Conditional Use P~xmit to allow the operation ora Christmas Tree sales lot on the properS. This request was denied by the Plam~ng and Zoning Commission, primarily due to concerns from the Fire Depa:U::ent that the trees were proposed to be located too close to an all-wood structure and that the storage =ca would be grouped around buildings which contained flammable products. Case: 9909-31 Page: 2 During the spring of 1997, the Certificate of Occupancy for the building at 4200 Central Avenue NE was revoked because the property had remained vacant for over one year and had become a hazardous and substandard property. On March 30, 1998, a Notice and Order of the Building Official was issued requiring that the building be razed. The applicant has agreed to purchase the property fi.om the current owner by Contract for Deed, and the existing building is scheduled to be demolished (see attached letter). Note that the apphcant has also agreed to purchase the property at 4216 Central Avenue NE fi.om the Columbia Heights Economic Development Authority (lEDA). This agreement was approved during the July 22, 1999, meeting of the EDA. ANALYSIS Surroundinff Proverrv: The surrounding property to the north and east is zoned LB, Limited Business and is used commercially. The property to the west is zoned R-2, Single and Two Family Residential, and is used residentially. The area across 42~ Avenue NE to the south is zoned CBD, Central Business District, and is used commercially. Technical Review: AS mentioned above, the applicant has agreed to a purchase agreement with the Columbia Heights EDA for the acquisition of 4216 Central Avenue NE which is currently zoned LB, Limited Business. Considering that this parcel will be combined with 4200 Central Avenue NE into a single parcel, the zoning for the entire property should be either LB or KB, Retail Business. Note that zoning district boundary lines typically follow lot lines; center lines of street, alley, and railroad right-of-ways; watercourses; or corporate limit lines. The proposed office building is a permitted use in both the LB and KB zoning d/strcts, so 4216 Central could be rezoned to KB or 4200 Central Avenue could be rezoned to LB. The LB District is intended to be a neighborhood-oriented commercial d/strct which is located in two areas along Central Avenue - west of Central between 44~ Avenue NE and 45t~ Avenue NE and on both sides of Central between 43~ Avenue NE and 42"~ Avenue NE (see attached zoning map). Also attached, please find a list of permitted and conditional uses in both the LB and RB Districts. From a long-range planning perspective and considering the high-traffic nature of Central Avenue, expanding the RB Distrct in this area seems more appropriate than expanding the LB District. As a result, this request is to rezone 4216 Cenwal Avenue fi.om LB, Limited Business, to KB, Retail Business. Section 9.113(I) of the Columbia Heights Zoning Ordinance lists business offices as a perm/ned use in the RB, Retail Business District. Minimum yard and density requirements are as follows. · Every lot shall have a minimum frontage of 40 feet - the existing property meets this requirement. Minimum lot width shall be 50 feet - the existing properly meets t.h/s requireme,"t. · Minimum lot area shall be 6,000 square feet - the subject property is approximately Case: 9909-31 Page: 3 21,830 square feet. · Front Yard shall be 15 feet - proposed building is roughly 53 feet from the front property line which is along 42'd Avenue NE. · The floor area ratio shall not exceed 1.0 - the subject property has a floor area ratio of approximately .6 which meets this requirement. · The rear yard shall be 10 feet - the proposed building is 10 feet off the rear properly line which is the northerly property line. · There is not a side yard setback requirement. · No building shall be erected within 10 feet of any alley abutting the narrowest width of the lot - there is not an alley abutting the narrowest width of the lot which is along the north and south property lines so this requirement does not apply. The main building will be located approximately 16 feet from the westerly side lot line. However, you will note that a plaza/balcony space is being proposed for use by employees which will be constructed on top ora retaining wall which appears to be located on or near the property line. This is permitted because the Zoning Ordinance does not require a building setback from this property line, but the plazagoaleony is required to be constructed entirely on private properly. Office buildings require at least one parking space for each 200 square feet up to 6,000 square feet of floor area (net). The building will be divided into two spaces, 2,426 square feet of which will be for rent (please refer to the attached'first rio'or plan). The entire building is 5,535 square feet. Net floor area excludes space used for rest rooms, lunchrooms, conference rooms, storage, etc., so a total of 23 parking spaces will be required. The site plan indicates that there will be 22 surface-level parl~ing spaces provided including one van accessible space. Note that there will also be parking provided in the basement for company vehicles and equipment. Vehicle access to the basement will be provided off the alley. The proposal meets minimum parking requirements. However, the proposed van accessible access aisle is only five feet wide. Tiffs is required to be eight feet wide. Section 9.116(2) of the Zoning Ordinance requires that parking and loading areas can not be located within the front yard setback area of the property which is 15 feet in the KB District. The parking spaces as proposed are approximately 29 feet from the front property line which meets this requirement. The Ordinance also requires that parking lots be surfaced with a material to control dust and drainage. The site plan indicates that the lot will be asphalt paving which meets this requirement. One other requirement is that all open off-street parking areas shall provide a bumper curb of 5-7 inches high around the perimeter of the lot and a curb of no less than 5 feet from a building that has parking around it. The site plan indicates that a 5 foot sidewalk will be provided around the building which meets this req~ent. There is also five feet of space being provided around the perimeter of the parking lot which will provide room for on-site snow storage. One of the parking spaces proposed is located adjacent to the edge of the retaining wall which has roughly a 12 foot drop. The Uniform Building Code requires that where any parking area is located more than five feet above the adjacent grade, vehicle barriers shall be provided. Vehicle Case: 9909-31 Page: 4 barriers shall have a minimum vertical dimension of 12 inches and shall be centered at leaSt 18 inches above the parking surface. Staff'will recommend aS a condition of approval that a vehicle barrier be provided. h should be noted that staffhas concerns regarding the turning radius to access the building fi.om the alley. There will be 16 feet between the building and the side property llne and roughly 22 feet between the building and the edge of the bituminous alley surface. It appears that it may be difficult to maneuver some of the larger company vehicles and equipment through the overhead doors to and fi.om the alley, particularly if you are coming up the alley fi.om the south or need to mm south onto the alley around the proposed retaining wall There are two access points proposed for the site, one off42'd Avenue NE which is roughly 60 feet west of the curb-line intersection of Central Avenue and 42'd Avenue. The second access is off Central Avenue and is located approximately 120 feet north of the curb line intersection. Typically 22 - 24 foot drive aisles are recommended for 90 degree parking which is proposed on this site plan. Note that the plan indicates that the drive aisles will be 24 feet in width, and the parking spaces will be the required 9 feet wide by 20 feet in length. The Zoning Ordinance requires screening where any business is adjacent to or across the street or alley fi.om residential property. As a result, screening is required along the western property boundary for this project. The required screening shall consist ora solid fence or wall at leaSt 50% opaque and at least six feet tall. This screening shall not extend within 15 feet of any driveway opening. The retaining wall alongthe western property boundary provides the required screening for the property, and that portion of the retaining wall that will be less than six feet in height is within 15 feet of driveway openings to the alley. Sohd waste mar'rial shall be so located and screened as to be removed fi.om public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. This issue has been discussed with the applicant, and the dumpster will be located on the north side of the building offthe alley and will be screened fi.om public view. The plans do not indicate that there will be any new lighting on the property, but if lighting is added, a lighting plan will need to be reviewed and approved by staff. Light can not exceed 3 foot candles at the property line. One other issue pertaln~ to the legal composition of the parcels involved. Before a building permit can be issued 4216 Central Avenue will need to be combined with 4200 Central Avenue to form a single parcel. The property owner can accomplish this by completing the necessary paperwork in the Assessing Depa~iment at City Hall or at the Anoka County Government Center. However, a purchase agreement between the applicant and the Columbia Heights Economic Development Authority for 4216 Central Avenue NE will need to be signed before the two properties can be combined. Compliance with City ~omprehensive Plan: Case: 9909-31 Page: 5 The City Comprehensive Plan designates this area for future commercial use. One of the goals of the Land Use and Redevelopment component oft. he Plan states "Improve the commercial viability of the Central Avenue Corridor while protecting nearby residential neighborhoods." This area has also been designated for selective commercial development and ia-fill and is noted as an area ofspecial planning interest. In the Plan's discussion of locations of special planning interest, it states that the City should promote private redevelopment of uaderutillzed and/or deteriorated sites. The proposal is consistent with the City Comprehensive ?lan. Summary: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan and minimum requirements of the Zoniag Ordinance are being met. The negative aspects of this proposal are as follows: 1. There does not appear to be any negative aspects. CONCLUSION Staff Recommendarion: Staffrecommends approval of the rezonlng of 4216 Central Avenue NE fi.om LB, Limited Business, to KB, Retail Business, as the proposal is consistent with the City Comprehensive Plan. Staffalso recommends approval of the site plan, subject to the conditions listed in the recommended motion. Recommended Motion: Move to recommend City Council approval of the rezonlng of 4216 Central Avenue NE fi.om LB, Limited Busiaess, to KB, Retail Business, as the proposal is consistent with the City Comprehensive Plan. Move to approve the site plan to allow an approximately 5,535 square foot office building at 4200 and 4216 Central Avenue NE, subject to the following conditions. 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The van accessible access aisle shall be widened to the required eight feet. 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Orctinanee. 4. A vehicle barrier shall be provided where any parking area is located more than five feet above the adjacent grade. 5. Waste material storage shall be located and screened in a manner that is consistent with the Columbia Heights Zoning Ordinance. 6. If additional lighting is added, a lighting plan will need to be reviewed and approved by staff, and light can not exceed 3 foot candles at the property line. Attachments: Completed application form; Site Plan; Floor Plans; Elevation Views; Zoning Map; Permitted/Conditional Uses; Letter Regarding Demolition; and Public Notices. C~TY OE P-OLLTM-.BIA I!EIGI!T$ Application For: Eezaning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Pla~ Approval Other RECEIVED AUG 1 6 IW9 -~OM~UNI'rY DEVF. LOPMF. N1 Application Date: Case No: ~eceipt 2. Legal Description of Subject Proper~y:, Zoning: Applicable tit70rdi~a:ce N~Amber Present Use Reason for Eequest: ~'~r~_~-~c-~ c~ Section Proposed Zonin~ Proposed Use,, ~./-.~-c(_~ 8. Exhibits Submitted (maps. d~Lasrams, etc.) ~cknovled~ment and Signature: The undersigned hereby represents upon all of :he penalties of lav. for :he purpose of inducing :he City of Columbia Heights to take the action herein requested, tha~ ~!~tatements herein are tr~e an~ that all york ~erein mentioned will be done in accordanc~ with the Ordinances of the City o~ Columbia Heights Taken By:__ 109.1,3N89°I5'52"E I O O Z O 00 EXISTING .RETAINING WA L\ - ~ ~ 9tS.93 xqfl ~ x917.3 109.15 S89~28'35 t .024 ~tS.S9 91~.34 16.77 6,79 7.99 g;8.77 gl8.96 1,61 t9."~ 919.60 SECTION 13 113 (1) Ord. 1179 elf.2-23-89 9.113(2) Ord. 1161 eff.4-ZS-B8 Ord.ll61 elf. 4-25-88 Ord. elf. Ord. e~f. 8/25/83 "~" J~TAIL BUSINESS DISTRICT pe~ttted P=~nC~al Umes V~b~ the "~" letm~ Enm~, ~%ct, ~ ot~c~e or ~ud mb11 be used ~cept for ~e or more of the fo~ usu: ~. ~se uses p~cc~ ~ Section 9.~2(1) (~) and as 2~ Upholstery s~ps ~]ch do no~ exceed Ch~ee-C~osand (3000) square ~ee= in ~1~ a~ea. Conditional Uses ~tthin any '~l)" Business Dtstriot, no structure or 1~ s~a11 be used for the follov~ uses accept I~ conditions! use per. Lt. (si &cceaeo~7 Im~ld~n~m. (bi Dwe111n&.uniCs. provided.. (i} "The Onits do not occupy the first floor. (ii) That a roof intended for usable space shall be enclosed by a wall or fence not less then flue feet in height. (c) Day care centers. (d) Off-street parking lots subject Co Section 9.116(2). (e) Public utility structures which shall conf6ru to the yard re- quirements and architectural style of the neighborhood. (fi Open sales lots subject to Section 9.116(1&). Hotor fuel itations (mb. or) and major fuel I~ationa with minor repairs subject to Sectlon 9.117. Restaurant, cLUe, tea room, bar, prepared food our/ecs subject Co Section 9.116(15) and Prepared Food Delivery Establ~stments as such establishments are defined ~u Section 9.103(83). (ii Drive-in bus~uesses subject to the follov~ng requ~r--anta:' Hours of operation shall be confined Co the pe~tod betvean 10:00 a.m. and 1:00 a.m. for those oerv/ng food or drink. [11] The entire area shall have s drainage ~sten approved by the City Engineer. The entire area ocher than chat occupied by the atruc=ure or planclng shall be surfaced vtth a material which v~ll control dust and dra~uase co the approval o~ the City Engineer. Ord. #1330 elf. 8/96 (k) d.-~adu Vehicles not to exceed 2 tons, for sale in conjunction wlth only automobile repair businesses which do not scl] fuel, provided that the roi]owing requirements are met: l) Parking area for car sales cannot eliminate required parking spaces for primar¥ usa, 2) NO more than ten (10) vehlcles can be displayed for sale at any one tlme. )) Traffic flow on lot, lighting, parking Jot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4) Size, type and style of any slgnage for such vehicle must be within the vehicle at all times and approved by staff. 5) All required state and local licenses must be obtained. 1182 .5-10-89 Ord. 1229 elf. 7122I)1 0rq.1239 elf. ~/23/92 Ord.~1242 elf. 6125192 (1) Outpatient veterinary rabblt, domestic cat, and/or dog spay Or animal neutering clinics. Printing sho~s which oc:upy more than three thousand (3,000) square feet of gross floor area. 00em s~ace retail which shal) be defined as a space in which assorted retailers and mercmants lease and oc:up¥ booths of various sizes which merchants offer for display and sal~ new merchandise. Tire anq Battery sales anq service. SECTION 12 9:112(1) "¢BD" BUSINESS DISTRICT '.- ~ith~n the "CBD" District, ua structure or land shall be used except for one (1) or more of the [ollovin& uses: Pe~tted Principal Uses Bu~esses pr~d~s ~he follo~ sales ~d/or 8e~ces: Ca) (c) Cd) ks) (&) Ch) (:) (J) (9) Co) ora. 1033, ~ff. 3/28/83 (n) (r) (v) ~Y ) (z) (aa) (bb) (cc) (dd) Antiques. Appliance sales end service. Art and school supplies Bakery goods. Bsnks Berber Shops. Beauty Parlors ..... ' . Books end office suRplles. Bc~llng Alleys. Brosdcestlng studio. Busln~ss School. Bus snd Trensportstion center. " Candy, ice cream, popcorn, nuts, frozen desserts end soft drinks, but not v/sere a drive-in' service Is provided. Camera and photographic sales and repair. Carpets and rugs. _T.e_nnZs, racquetball, handball, table tennis and boxing clubs along vith clubs def~ne~ by ~innesota Statute ~340.07, Subd~ 15. Coins and stamps. Costume end formal wear rentalt Delicatessen. Department stores. Drugs. Dry cleanlng.and laundry plckmup location~ includlng incldental pressing and repair. ;. Dry cleenlng and laundry selfrservlce facility. Employment agency. Florist Shop. Floor covering. Frozen foods, not including a locker plant. Furniture, includlng upholstery, ~n~en conducted ss a secondary use. Fur products and the processlng of furs when dlrectly related to retail sales from the site. Gifts or novelties. - 322 - { ee) ( (h~) ~kk-) ~) (nn) (qq) (rr) (ss') (tl:J ~uu~ (vv) (~w~ (xx) (yy) (zz) (aaa) (bbb) ( ccc'~ (dddl (eee) (fff} (gggJ (hhh~ (ill) (j j j) (kkk) <111I Glass, china and pottery. Grocery, fruit and vegetables. Hardware. Hobby crafts including handicraft classes. Hotel. Interior decorating studio. Jewelry, time pieces and repalrs. Leather goods and luggage. Library, both public end private. Liquor store (off-sale) Meat market, but not Jncludlng processing for a locker plan:. Musical instruments and repairs. Newsstands. Offices-business and professional. Offlces-gove~nmental. Paint, wallpaper and related materials. Pet shop, provided the operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so es to cause an offensive odor or noise. Photographic studio. Pipe and tobacco shop. Post office or telegraph sub-station. Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area. Records, television, red;o, hi-fi and recording equipment. Savings end loan offices. Sewing machine, related equipment end sewing classes. Shoes and shoe repair. Sporting goods. S:atlonery supplies. Ta~lor shop. Theater, no: of drive-in variety. Television studio. Toys. Transportation center. Travel bureau. Variety store. 323 $'~CTION 11 "LB" LIHITED BUSINESS OISTRICT g.lll(1) Permitted Principal Uses Within any "LB" Limited Business Oistrlct no structure or land shall be used except for one (I) or more of the followlng uses: (a) Funeral homes and mortuaries provided the prlncipal building is not less than fifty (50) feet f.~c~ the lot llne of · lot in the 'R" Oistrlct. (b) Medical and dental clinlcs. (c) Motels and motor hotels provided the site shall contain not less than four hundred (qO0) square feet per rental unlt. (d) Multiple family buTldlngs subject to the lot area per family provisions of Section 9.110(~). (e) Offices of persons in the professions. Offices of a general nature provided that not more than 30 percent of the floor space shall be devoted to storage or repair, fabricating or assembling of goods. Goods sold at retall shall not be supplled from stock kept on the premises. Offices of governmental units. (b) Schools and colleges where ali the classes held on the site are with a building. Ord. 911, 'eff. 3/11/80 Detached branch bank/~g facili~ie$} Conditlonal Uses Within any "LB" Limited Business District no structure or land shall be used for the followlng uses except by conditlonal use permit. (&) Accessory structures other than private garages. (b) Art studio, interior decorating studio, photographic studio, music studio, and dance studio, provided no retail sales are made nor any manufacturing conducted on the site. 319 (ca Private clubs and lodges not operated ~or a profit. Hosplt·ls for human care, nursing homes, rest homes or retlrement homes, provided the site shall contain not less than six hundred (600) square feet of lot ·rea for each person to be acconm~dated and that no building be located less than f~fty (50) feet from the side lot line. H~storlal build~ngs, museums, art institutes, g·ll·rles ·nd theater for the live arts. (£) Nursery and landscape sales. Radio ·nd television studies. (hi Radio ·nd television towers. (il Retail sales ·nd services may be provided by vending devices or by personnel when such retail ·rea Is within · bulldlng so constructed and malntained that ·11 access if from · lobby, hall or court and not dlrectly from the out-of-doors, It being the intent that such sales and services are provided for the co·van- ience of the occupants of the buildlng. (3) Operation of public transportation, but not switching, storage or other railroad activities. (k) Utillty service structures, which shall be in· building which conforms to the yard requlrements and architectural style of the neighborhood. Ord.ll61 elf. 5-25-88 (;) (:) Research and development laboratorles. Retall stores, shops, offices and small service businesses catering to neighborhood patronage, deemed to be ms appropriately and desirably located Tn the LB zone. (n) Day care centers. Amended 8/13/90(0) Ord.1204 Single family residence of the owner of the business that constitutes the principal use of the parcel as an accessory use subject to annual renewal and reappllcatlon if it has changed in scale or character. Permitted Accessory Uses Within any "LB" Limited Business 01strlct the following uses shall be permitted · ccessory uses: Private garages, off-street parking and loading spaces ms regulated in this Ordinance. (~) Decorative landscape features much as fountains, patios, etc. 320 CITY OF COLUMBIA HEIGHTS Gary L. Pe=erson Councilmembers: Donald G. Jolly Marls/ne Szurek Jul/erme W¥ckorf John Hunter City lVL~nager: Walter R. Fe~z~ COMM'UNYfY DEVELOPiV~ENT August 23, 1999 Bruce Nedega~rd President Nedegaard Custom Homes 1814 Northdale Boulevard Coon Rapids, IVEq 55448 REOEI.V. ED SEP 2 COMMUNITY. D~-VELOP_MEN.~ Re: Demolition of'structure at 4~-00 Central Avenue NE. Dear Bruce: Based upon our phone conversation of this morning, I have done some further research on City requirements for the demolition of the vacant structure at 4200 Central Avenue NE. As you know, City policy has been to require the sewer and water lines be disconnected ax the main prior to the issuance ora bui]din$ demolition permit. However, based upon the fact you.have submit- ted plans for Pla. Mng and Zon~n~ Commission consideration to construct a new building on this same site, we have adjusted this policy for this case only. Furthermore, given the foodng depth of your proposed structure, the location of the new structure relative to the ex/sting structure to be demolished, and the need for a new trench to connect the new water sendcc, we believe it is appropriate to make this adjustment to permit the street excavation into the Central Avenue right- of-way at the same time. It will be Lmportant for you to follow the requirements outlined in the following paragraph. The City of Columbia Heights will allow the existing building at 4200 Central Avenue NE to be removed prior to the disconnect of the sewer and water services subject to the following (the disconnects only have been completed for the services to the former structure at 4212 Central Ave.): 1. Water must be shut-off al the corporation stop prior to structure demolition. All required permits must be obtained fi.om the Minnesota Department of Transportation in addition to the City of Columbia HeiSts. ' '" A licensed master plumber shall perform the disconnect and tap. In order to license a master plumber in the City of Columbia Heights they must submit the appropriate application form, certificate of insurance, and performance bond in the amount of $3,000 to the Community Development Department (see attached). The new water service must be of sufficient size to accommodate the water usage for the proposed facility. Bruce Nedega~d August 23, 1999 Page two The existing water service must be c[isconneeted at the main and the sanitary sewer se.w~ce disconnected at the property line. New services must be installed depending upon the condition of the ex~sting services. At the time the disconnect and tap are performed, the Public Works Department must be notified in order that a staffmember may inspect the work prior to back~IHng the excava- tion trench(es). Th/s work must be performed satisfae~ori]y, inspected, comply with all state and local codes, and be approved by the Publlc Works Dep~, t~uent prior to granting approval of the foundation/footings inspection for the new structure by the Columbia Heights Building Official. We view these matters as very important to insuring the public health, safety, and welfare. They are also necessary to insuxe the water distribution system is uncompromised. We ask that you sign the Certification Statement on the following page and return this by fax to my office at 612- 782-2857 and also marl an orig~,~ally signed hard copy to my anent/on at the address on this letterhead. I have forwarded a copy of dated utility maps we have on file in our Department including water, sanitary sewer, and storm sewer utility maps. I encourage you to contact the Public Works Department dixectly for more specific in.formation. The Building Official may allow floor dr~ to the storm sewer/sanitary sewer provided grease and fl~rnm~hle waste txaps are installed. Please contact h~rn directly for more detailed information. Regarding the marked trees with dutch elm disease, I have verified that none o£the marked trees are located on property owned by the EDA. Thank you in advance for your cooperahon and understanding. If you have any questions regarding this matter, feel free to contact me a~ 782-2855 or Kevin Ha~en a~ 782-2882. I~enneth R. Anderson Commlmity Development Director Attachment: Licensing requirements Utility maps c: Wait Fehst Kevin Hansen Latunm McChmah~n Mci Collova file Bruce Nedegaard August 23, 1999 Page three RECEIVED 2 .3OMMUNIT¥ DEVELO~MEN CERTIFICATION STATEMLmNT: I cenify by my signature below that I willfully comply with all requiremen~ as outlined in this letter and az may be required by state and local codes and Planning and Zoning Commission; City Council; and Building Inzpection, Engineering, Fire and Planning Department staff approvals. Furth~,'~nore, I uncondifionaily consent to reimburse the City for all ~.,penses incurred to complete said work that may be incomplete and/or unsarisfactorily performed. Bruce Nedegmazd (Si~nature) 0 Date CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55~.21-3878 (612) 782-2800 TD[~ 782-2806 PLAff//Vlff/G A/VD ZONlff/G CO&l/If/SS/Off/ NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, Beptember 7, 1999. The order of business is as follows: A request for site plan approval to construct an approximately 6,528 square foot office building on property currently located at 4200 Central Avenue NE and 4216 Central Avenue NE. Section 9.I05(6) of the Columbia Heights Zoning Ordinance requires that the Planning and Zoning Commission review and approve site plans prior to the issuance of building permits for construction other than single and two family residence. This is also a request for a rezoning of 4216 Central Avenue NE from LB, Limited Business, to RB, Retail Business. The property included in the rezoning is legally described as follows: Lot 9, Block 37, Columbia Heights Annex to Minneapolis. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Wait Fehst City Manager kp CITY COUNCIL LETTER Meeting of.' 9/13/99 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: RESOLUTION ORDERING AN IMPROVEMENT BY: K. Hanse~ BY: OFANALLEY, P.1.R., 1017, WEST OF RESERVOIR DATE: 9/8/99~L~'-'''~'~- DATE: BLVD.,SOUTH OF CIRCLE TERRACE b ' ~ Background: The Improvement Hearing for the 1999 Alley Program was held March 29, 1999, and consisted of constructing 15 alley segments throughout the City. The Hearing was continued to April 23, 1999. At this meeting all improvements were ordered. In August a petition signed by property owners was received by the City requesting new alley construction a portion of the alley west of Reservoir Blvd. and south of Circle Terrace Blvd. The proposed alley would extend from Circle Terrace to the south property line of 4116 Reservoir Blvd. Analysis/Conclusions: An amended feasibility report, engineer's cost estimate and map are attached for reference. The proposal includes concrete alley construction, 6 inches in thickness and 12 feet in width. If ordered by the Council, this alley segment will be included in the 1999 Alley Improvement Program. The proposed assessment methodology is the same as what was proposed under the concrete alley paving program on a parcel unit basis, at $1,200 per parcel. Recommended Motion: Move to accept the Feasibility Report for the petitioned alley improvement, west of Reservoir Blvd., 150' south of Cimle Terrace Blvd. to Circle Terrace Blvd. Recommended Motion: Move to waive the reading of the resolution, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 99-75 being a Resolution ordering improvements, P.I.R. 1017, west of Reservoir Blvd., 150' south of Circle Terrace Blvd. to Circle Terrace Blvd. KH:jb 99-291 Attachments: Resolution Hearing Notice Amended Feasibility Report Map Project Estimate & Assessment Rate Sheet COUNCIL ACTION: RESOLUTION NO. 99-75 BEING A RESOLUTION ORDERING IMPROVEMENT AiqD PREPARATION OF PLANS WHEREAS, the Columbia Heights City Council received a petition to construct a concrete alley and by Resolution No. 99-71 the 23rd day of August, 1999, fixed a date for a council hearing on the proposed improvement of an alley, West of Reservoir Boulevard and from 150' South of Circle Terrace Boulevard to Circle Terrace Boulevard. ~ WHEREAS, ten days mailed notice and twice published notice of the hearing a week apart was given, and the hearing was held thereon the 13th day of September, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the extent of such improvements is as follows: Concrete alley construction, 12 feet in width. Work includes required utility work, new granular sub-base, new aggregate base, new concrete surfacing, required retaining wall, concrete or bituminous driveway, service walk/step and sod replacement and miscellaneous construction items. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in Resolution No. 99 - 71 on 23rd day of August, 1999. 4, These improvements shall also be known as P.I.R. 1017 - Project #9902. Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 13th day of September, 1999. Offered by: Hunter Seconded by: Jolly Roll Call: AIl ayes CITY OF COLUMBIA HEIGHTS, MINNESOTA Jo-~nne Student, Deputy City Clerk Gary L. Peterson, Mayor CITY OF COLUMBIA HEIGHTS NOTICE FOR PUBLIC IMPROVEMENT HEARING Pursuant to City Charter, notice is hereby given that the City Council has determined the following Public Improvement Hearing be held on Monday, September 13, 1999, at 7:00 P.M. in the City Council Chamber, 590 40th Avenue to consider: 1999 ALLEY REHABILITATION PROGRAM ADDENDUM #2 CITY PROJECT 9902 Estimated cost of improvements Estimated assessments for improvements Estimated number of years for assessment $11,100.00 $ 3,600.00 10 CONCRETE ALLEY CONSTRUCTION P.I.R. 1017 West of Reservoir Blvd 150' South of Circle Terrace Blvd To Circle Terrace Blvd The proposed alley width is 12'. Work includes required utility work, new granular sub- base, new aggregate base, new concrete surfacing, required retaining wall, concrete or bituminous driveway, service walk/step and sod replacement, and miscellaneous construction items. Notice is hereby given that all persons having an interest therein will be given an opportunity to be heard, and such information pertaining to the said construction or installation may also be considered at that time. The hearing may be continued to additional dates. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST, CITY MANAGER Published in Focus on 9/2/99 and 9/9/99 City of Columbia Heights FEASIBILITY REPORT FOR 1999 ALLEY IMPROVEMENTS ALLEY RECONSTRUCTION CITY PROJECT 9902 ADDENDUM #2 SEPTEMBER, 1999 ENGINEERING DEPARTMENT 637 38th Avenue NE, Columbia Heights, MN 55421 612-782-2880 · 612-782-2875 (Fax) GRAVEL ALLEY IMPROVEMENTS ALLEY RECONSTRUCTION COLUMBIA HEIGHTS, MINNESOTA PROJECT NUMBER 9902 ADDENDUM #2 LOCATION: IMPROVEMENTS: INITIATION: OWNERS ABUTTING: ISSUES: FEASIBILITY: SCHEDULE: CONCRETE ALLEY CONSTRUCTION - WEST OF RESERVOIR BLVD: 150' SOUTH OF CIRCLE TERRACE BLVD TO CIRCLE TERRACE BLVD This feasibility study provides an analysis of the alley construction referenced above. Alley Surface. West of Reservoir Bird, 150' South of Circle Terrace Blvd to Circle Terrace Blvd, three adjacent property owners submitted a petition requesting the north end of the alley adjacent to their properties be constructed. West of Reservior Blvd 150' South of Circle Terrace Blvd to Circle Terrace Blvd (3) A platted alley is located west of Reservoir Blvd, from 41st Avenue to Circle Terrace Blvd. Currently, this alley is not open to vehicle traffic. Water main and sanitary sewer main are located in the alley right-of-way. The water main was replaced in 1989. The Contractor awarded the 1999 Alley Improvement Project will add this proposed alley construction to the current contract using the bid unit prices. A time extension to the contract will be required. The proposed improvement project is cost-effective with the inclusion of partial city funding, and technicaily feasible. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. Construction is scheduled to begin in the late spring of 1999, with substantial completion for the original project occurring in the early fall. The work for this alley will extend into October. Page 1 FINANCING: ASSESSMENT: Council receives final Feasibility Report and orders Public Improvement Hearing ...... April 12 Public Improvement Hearing and Council orders Public Improvement Project ......... April 26 Council Approves Plans and Specifications, Authorizes Advertisement for Bids ....... April 26 Bid Opening ............................................................ May 18 Council Awards Contract .................................................. May 24 Begin Construction ........................................................ June 7 Construction Completed (Original Project) ................................. September 15 Construction Completed (Addendum #2) .................................... October 29 The estimated costs for this additional alley segment is $11,100 for a total 1999 Alley Improvement Program project cost of $ 563,435. This does not include utility and related work. All utility work done as part of the project will be paid for from the appropriate utility fund. Financing would be a combination of bonding funds and assessments to benefitted properties, A portion of the alley improvements are proposed to be assessed to benefitting properties. A policy has been adopted by the City Council by resolution to assess alley reconstruction on a parcel basis. Assessing 100% of the construction cost would result in an average cost of $2,900 per parcel. Based on the cost-sharing formula developed for alley reconstruction, staff recommends an assessment of $1,200 per parcel for the concrete alley construction. Page 2 4100 41st Ave (.~ City of Columbia Heights Engineering / Public Works 1999 Proposed Assessment Project- Alley Construction Assessrr~t Project Legend: .Concrete Co.ruction RESIDENTIAL COMM-MF D~SCOUN7 v.~t~,. W OF RESERVOIR !S OF 41ST N Nt~ Date: 9/9/1999 * F.,~r~e,b~'u~c VYor~Depar~,nt * ENGINEER'S ESTIMATE ALLEY CONSTRUCTION P.I.R. 1017 WEST OF RESERVOIR BLVD 150' SOUTH OF CIRCLE TERRACE BLVD TO CIRCLE TERRACE BLVD ALLEY CONSTRUCTION COSTS No. Description Quantity Unit Unit Price Total 1 Mobilization/clear and grub I L.S. $600,00 $600.00 2 Remove concrete curb and gutter 25 L.F. $5,50 $137.50 3 Remove curb box and stop 2 Ea. $810,00 $1,620.00 4 Subgrade excavation 54 C.Y. $10,00 $540.00 5 Granular borrow 54 C.Y. $11,00 $594.00 6 Common excavation 175 C.Y. $12.00 $2,100.00 7 Aggregate base class 5 26 Ton $9.00 $234.00 8 Concrete curb and gutter 25 L.F. $16.00 $400.00 9 Concrete alley with apron 162 S.Y. $27.00 $4,374.00 10 Sod w/topsoil 100 S.Y. $4.80 $480.00 $11,079.50 STORM SEWER CONSTRUCTION COSTS No. Description Quantity Unit Unit Price Total 1 Mobilization/clear and grub 1 L.S. $400.00 $400.00 2 Remove retaining wall 105 L.F. $5.00 $525.00 3 Swale construction / grading 1 L.S. $1,725.00 $1,725.00 4 12" RCP storm 83 L.F. $45.00 $3,735.00 5 Construct CB with casting 1 Ea. $1,200.00 $1,200.00 6 2" Insulation 36 S.Y. $20.25 $729.00 7 Aggregate pipe bedding 10 Ton $10.00 $100.00 8 Sod w/topsoil 100 S.Y. $4.80 $480.00 $8,894.00 TOTAL CONSTRUCTION COSTS $19,973.50 09/09/99 PAGE I G\PW~ENG\PROJECTS\1999\9902\HEARING 3 PROPOSED ASSESSMENT COSTS ALLEY CONSTRUCTION P.I.R. 1017 WEST Of RESERVOIR BLVD 150' SOUTH OF CIRCLE TERRACE BLVD TO CIRCLE TERRACE BLVD ESTIMATED COSTS ALLEY CONSTRUCTION ENGINEERING ADMINISTRATION ALLEY CONSTRUCTION PROJECT COST $11,079.50 $1,107.95 $634.34 $12,821.79 ASSESSMENT: 3 PARCELS FULL ASSESSMENT RATE $12,821.79 3 $4,273.93 / PARCEL ESTIMATED COST SHARING TOTAL PROJECT COST CITY SHARE ASSESSED COST PROPOSED ASSESSMENT RATES CONCRETE ALLEY RESIDENTIAL $3,600.00 3 $12,821.79 ($9,221.79) $3,600.00 $1,200.00 / PARCEL 09/08/99 PAGE 1G\PW~ENG\PROJECTS\1999\9902\HEARING 3 CITY COUNCIL LETTER Meeting of: August 23, 1999 AGENDA SECTION: Public Heating ORIGINATING DEPT.: CITY MANAGER NO: ~ Community Development APPROVAL ITEM: Second Reading of Ordinance 1398, Sale BY: Randy Schumacher BY: of DATE: August 17, 1999 NO: 4519/4521 Taylor Street NE &" l~ Issue Statement: The enclosed information represents the bids received on the sale of two City owned duplexes, 4519/4521 Taylor Street and 4642/4644 Taylor Street Columbia Heights, MN. The bids were opened and mad aloud in the City Council Chambers on August 12, 1999 at 11:30 am. The bidding process has now been completed and the City Council may now consider awarding the bids. Background: The City currently owns two vacant duplexes located at the above Taylor Street addresses. The unit at 4519/4521 Taylor was purchased in January, 1994, for $53,000. After the purchase, a total of $22,840.43 was used for rehabilitation for a total investment of $75,840.43. The other unit, 4642/4644 Taylor Street was purchased in 1990 for $85,250 with an additional $2,000 invested for rehabilitation issues. Last summer, the EDA Board determined that they should not be in the rental business and would like to see the property owner-occupied. At the April 26, 1999, City Council meeting, City staff was authorized to take all necessary steps to advertise the properties for sale in "as is" condition. In addition, the successful bidder on 4519/4521 Taylor Street would be required to construct a two stall garage (minimum size 20 ft. x 20 ft.) that complies to all City and State codes. The City Councils priority use for these units was focused on: (A) conversion to single family, or (B) owner-occupied/rental duplex. Bidders proposing absentee ownership of the duplex units would also be considered, but with less priority. In order to get maximum public exposure on the advertisement for bids, staff posted notices at City Hall, the Library, Murzyn Hall, on the local cable channel, sent notices to local realtors, advertised for three weeks in the Focus News real estate showcase, and one week in the Minneapolis Star Tribune. This generated interest f~om over 40 requests for bidding packets. Analysis: Pursuant to Minnesota Statute 412.211 and 410.22, cities have the power to sell land they no longer need. The City Council has extreme latitude on how they dispose of surplus property and is not bound to sell to the highest bidder. Their decision on who to sell to may be based on local plans and policies which have the best interests of the public in mind. On August 12, 1999, the City closed bids for the two duplex units on Taylor Street. A total of twelve bids were received. Seven bids for 4642/4644 Taylor Street and five bids for 4519/4521 Taylor Street. Two of the bidders, Mr. Gregory Huber and Mr. Samuel A. Nyakundi, did not submit bid bonds or deposits because they are unable to secure mortgage financing and are requesting rentJpurchase agreements. To be fair to the participants who met all bidding requirements, I will not include these two proposals in my review but will include them in the packets for your information. Option #1 - Based on best financial return to the City with owner occupant duplex status. · Ms. Phoua Lee submitted the high bid for 4642/4644 Taylor Street in the amount of $91,000. Ms. Lee plans to have her parents live in one half of the duplex and provide day care for her children while she and her husband would occupy the other half. Mr. Ernest Payan submitted the next highest bid in the amount of $85,000 for 4642/4644 Taylor Street but indicated he would be interested in the 4519/4521 Taylor Street duplex if that was available. He would Sale of Taylor Street Duplexes Council Letter August 16, 1999, City Council meeting Page 2 occupy one side and rent the other to his brother-in-law. By approving this proposal the City would receive the best financial return ($176,000) and maintain owner-occupant status. Option #2 - Based on highest quality and value improvements to the units, higher rents, and general neighborhood upgrade with absentee owner duplex status. To accomplish this scenario, Mr. Ivan Priem has submitted bids on both units in an amount of $72,900 respectively ($145,800 total). Mr. Priem has a strong history of renovation ability and proposes to make significant upgrades throughout both units. He has prior experience with a 4-plex on Madison Street which received high grades from the City Fire and Inspection Departments. · The Swervo Development Corporation has submitted bids on both units as well. This proposal is somewhat different in that their first priority would be to convert both units into townhomes (individual owned) thus creating four independently owned units ( see attached memo from Joe Hollman). Their second priority would be similar to Mr. Priems, however, I do not believe the proposed improvements would be as extensive. Their bid on 4519/4521 Taylor Street was $66,350 and on 4642/4644 it was $71,350 for a total bid of $137,700. As mentioned earlier, the City Council has great flexibility in the sale of these units. I have outlined the above two options based on the discussion the City Council had at its April 26, 1999, meeting. In addition, the City staff is in the process of analyzing the impact of the Community Development Block Grant dollars that were used in acquiring these units. A complete review of that issue will be forwarded to the City Council after Anoka County completes our request for information. Recommendation: Based on the discussion at the August 16, 1999 City Council work session, the general consensus favored the need to select owner occupants for this unit, as well as receiving the greatest remm on investment for the city. To accomplish this outcome, staff recommends accepting the bid from Ernesto Payan in the amount of $85,000.00 for the duplex located at 4519/4521 Taylor Street NE. Recommended Motions: Move to close the public heating. Move to waive the second reading of Ordinance No. 1398, there being ample copies available to the public. Move to adopt the second reading of Ordinance No. 1398, being an ordinance amending Ordinance No. 853, City Code of 1977, authorizing the conveyance of certain real estate at 4519/4521 Taylor Street NE. Attachments COUNCIL ACTION: ORDINANCE NO. 1398 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, Cl'f-Y CODE OF 1977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE AT 4519/4521 TAYLOR STREET NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Ernesto Payan the real property at 4519/4521 Taylor Street NE described as follows, to wit: Lot Twenty-one (21) and the North One-half (¼) of Lot Twenty (20) in Block Seven (7) of Sheffield's Second Subdivision according to the plat thereof on file and of record in the office of the Register of Deeds of Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the Purchase Agreement. 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: August 23, 1999 September 13, 1999 September 13, 1999 Offered By: Wyckoff Seconded By: ~un[er Roll Call: All ayes Gary L. Peterson, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meetin~ of: August 23, 1999 AGENDA SECTION: Public Heating ORIGINATING DEPT.: CITY MANAGER NO: ~ Community Development APPROVAL ITEM: Second Reading of Ordinance 1399, Sale BY: Randy Schumacher BY: of DATE: August 17, 1999 NO: 4642/4644 Taylor Street NE ~ - ~ Issue Statement: The enclosed information represents the bids received on the sale of two City owned duplexes, 4519/4521 Taylor Street and 4642/4644 Taylor Street Columbia Heights, MN. The bids were opened and read aloud in the City Council Chambers on August 12, 1999 at 11:30 am. The bidding process has now been completed and the City Council may now consider awarding the bids. Background: The City currently owns two vacant duplexes located at the above Taylor Street addresses. The unit at 4519/4521 Taylor was purchased in January, 1994, for $53,000. After the purchase, a total of $22,840.43 was used for rehabilitation for a total investment of $75,840.43. The other unit, 4642/4644 Taylor Street was purchased in 1990 for $85,250 with an additional $2,000 invested for rehabilitation issues. Last summer, the EDA Board determined that they should not be in the rental business and would like to see the property owner-occupied. At the April 26, 1999, City Council meeting, City staffwas authorized to take all necessary steps to advertise the properties for sale in "as is" condition. In addition, the successful bidder on 4519/4521 Taylor Street would be required to construct a two stall garage (minimum size 20 ft. x 20 ft.) that complies to all City and State codes. The City Councils priority use for these units was focused on: (A) conversion to single family, or (B) owner-occupied/rental duplex. Bidders proposing absentee ownership of the duplex units would also be considered, but with less priority. In order to get maximum public exposure on the advertisement for bids, staffposted notices at City Hall, the Library, Murzyn Hall, on the local cable channel, sent notices to local realtors, advertised for three weeks in the Focus News real estate showcase, and one week in the Minneapolis Star Tribune. This generated interest from over 40 requests for bidding packets. Analysis: Pursuant to Minnesota Statute 412.211 and 410.22, cities have the power to sell land they no longer need. The City Council has extreme latitude on how they dispose of surplus property and is not bound to sell to the highest bidder. Their decision on who to sell to may be based on local plans and policies which have the best interests of the public in mind. On August 12, 1999, the City closed bids for the two duplex units on Taylor Street. A total of twelve bids were received. Seven bids for 4642/4644 Taylor Street and five bids for 4519/4521 Taylor Street. Two of the bidders, Mr. Gregory Huber and Mr. Samuel A. Nyakundi, did not submit bid bonds or deposits because they are unable to secure mortgage financing and are requesting rent/purchase agreements. To be fair to the participants who met all bidding requirements, I will not include these two proposals in my review but will include them in the packets for your information. Option #1 - Based on best financial return to the City with owner occupant duplex status. Ms. Phoua Lee submitted the high bid for 4642/4644 Taylor Street in the amount of $91,000. Ms. Lee plans to have her parents live in one half of the duplex and provide day care for her children while she and her husband would occupy the other half. Mr. Ernest Payan submitted the next highest bid in the amount of $85,000 for 4642/4644 Taylor Street but indicated he would be interested in the 4519/4521 Taylor Street duplex if that was available. He would Sale of Taylor Street Duplexes Council Lei~er August 16, 1999, City Council meeting Page 2 occupy one side and rent the other to his brother-in-law. By approving this proposal the City would receive the best financial return ($176,000) and maintain owner-occupant status. Option #2 - Based on highest quality and value improvements to the units, higher rents, and general neighborhood up~ade with absentee owner duplex status. · To accomplish this scenario, Mr. Ivan Priem has submitted bids on both units in an amount of $72,900 respectively ($145,800 total). Mr. Priem has a strong history of renovation ability and proposes to make significant upgrades throughout both un/ts. He has prior experience with a 4-plex on Madison Street which received high grades fi.om the City Fire and Inspection Departments. · The Swervo Development Corporation has submitted bids on both un/ts as well. This proposal is somewhat different in that their first pr/ority would be to convert both units into townhomes (individual owned) thus creating four independently owned units ( see attached memo from Joe Hollman). Their second priority would be similar to Mr. Pr/ems, however, I do not believe the proposed improvements would be as extensive. Their bid on 4519/4521 Taylor Street was $66,350 and on 4642/4644 it was $71,350 for a total bid of $137,700. As mentioned earlier, the City Council has great flexibility in the sale of these units. I have outlined the above two options based on the discussion the City Council had at its April 26, 1999, meeting. In addition, the City staff is in the process of analyzing the impact of the Community Development Block Grant dollars that were used in acquiring these units. A complete review of that issue will be forwarded to the City Council after Anoka County completes our request for information. Recommendation: Based on the discussion at the August 16, 1999 City Council work session, the general consensus favored the need to select owner occupants for this unit, as well as receiving the greatest return on investment for the city. To accomplish this outcome, staffrecommends accepting the bid fi.om Phoua Lee and Laj L. Wang in the amount of $91,000.00 for the duplex located at 4642/4644 Taylor Street NE. Recommended Motions: Move to close the public heating. Move to waive the second reading of Ordinance No. 1399, there being ample copies available to the public. Move to adopt the second reading of Ordinance No. 1399, being an ordinance amending Ordinance No, 853, City Code of 1977, authorizing the conveyance of certain real estate at 4642/4644 Taylor Street NE. Attachraents COUNCIL ACTION: ORDINANCE NO. 1399 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE AT 4642/4644 TAYLOR STREET NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may ccnvey unto Laj L. Wang and Phoua Lee the real property at 4642/4644 Taylor Street NE described as follows, to wit: Lot Five (5) and the South One-half (¼) of Lot Four (4), Block One (1), Sheffield's Second Subdivision according to the plat thereof on file and of record in the office of the Register of Deeds at Anoka, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the Purchase Agreement. 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: September 13~ 1999 Offered By: Szurek Seconded By: Jcl ly Roll Call: Al I ayes Gaw L. Peterson, Mayor Jo-Anne Student, Council Secretary CI"FY COUNCIL LE'FI'ER MEETING OF: SEPTEMBER 13_~.~_1999 AGENDA SECTION: PUBL I C HEARING ORIGINATING DEPT.: CITY MANAGER NO: ~1~ FINANCE APPROVAL ITEM: Beinga Resolution Adopting a BY: WILLIAM E~ITE~ BY: Proposed Budget, Setting the City, EDA, and HRA Proposed Local Levy, DATE: 8/26~99~ and Establishing a Budget Hearing Date for Property Taxes Payable in 2000 NO: ~11~ -~l~ At the work session of August 30, 1999, the City Council reviewed the proposed 2000 budget summary and the proposed local levy for 2000. Under the current law, it is necessary for the City to certify a proposed levy, proposed budget, and a public Truth in Taxation hearing date to the County Auditor by September 15th, On or before December 28, 1999, the City must certify a final levy to the County Auditor. The final levy can be less than the proposed levy but it cannot be more than the proposed levy. In addition to the City's local levy, the County collects and distributes to cities an area-wide fiscal disparities tax. This area-wide tax increased last year, and it is currently estimated that there may be a slight increase for 2000. For budgeting purposes, we have used $819,846 for area-wide tax in 2000. The final area-wide tax figure will be available prior to the City's adoption of a final tax levy. The attached resolution includes the current maximum estimated area-wide tax amount and the City Manager's proposed local levy. Under Minnesota state statutes, the City's public budget hearing date cannot conflict with the dates of the County's, school district's, or metropolitan agencies' hearings. Listed below is a schedule of their hearing dates. The City can hold their hearing on any other date between November 29th, and December 20, 1999. Anoka County School District 13 Metropolitan Agencies Proposed City of Columbia Heights Hearing Date December 2 December 7 December 1 December 6 Reconveninq Date December 20 December 14 December 8 December 13 The resolution also ratifies the Housing and Redevelopment Authority tax levy of $94,752, the Economic Development Authority tax levy of $119,296 and establishes the budget hearing date. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 99-'~z/, Being a Resolution Adopting a Proposed Budget, Setting the City, HRA, and EDA Proposed Local Levy, and Establishing a Budget Hearing Date for Property Taxes Payable in 2000, with the total HRA levy set at $94,752, and the City, Library and EDA levy set at $3,295,956 and the Truth in Taxation hearing date of December 6, 1999 at 7 p,m. WE:sms 9908261 Attachment: Sivanich letter of 08/20/99 COUNCIL ACTION: RESOLUTION 99-xxx RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A PROPOSED BUDGET FOR THE YEAR 2000, AND SETFING THE PROPOSED TOTAL CITY LEVY COLLECTABLE FOR THE YEAR 2000 AND APPROVE THE HRA LEVY OF $94,752 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 2000 is hereby approved and adopted with appropriations for each of the funds as listed below. General Fund State Aid Cable Television Fund Library DARE Project Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund Total Expense Including Inter~und Transfers Expense 8,181,536 119,850 212,399 565,680 8,325 570,944 463,818 1,321,648 1,441,331 1,306,361 1,507,210 315,574 273,598 55,000 2,363,310 18,706,584 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2000: General Fund State Aid Cable Television Fund Library DARE Project Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund Total Revenue Including Interfund Transfers Revenue 8,181,536 119,850 212,399 565,680 8,325 570,944 463,818 1,321,648 1,441,331 1,306,361 1,507,210 315,574 273,598 55,000 2,363,310 18,706,584 Section C. The following proposed sums of money are levied for the current year, collectable in 2000, taxable property in said City of Columbia Heights, for the following purposes: upon the G:B UDGET~B2K~res 123~aids levy RESOLUTION 99-xxx RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A PROPOSED BUDGET FOR THE YEAR 2000, AND SETFING THE PROPOSED TOTAL CITY LEVY COLLECTABLE FOR THE YEAR 2000 AND APPROVE THE HRA LEVY OF $94,752 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 2000 is hereby approved and adopted with appropriations for each of the funds as listed below. Estimated Area-Wide Estimated General Fund Levy Estimated Library Fund Levy Estimated EDA Fund Levy Total Proposed Levy 895,085 1,781,331 500,244 119,296 3,295,956 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for fiscal year 2000 in the amount of $94,752. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing was held on December 6th at 7:00 P,M. in the City Council Chambers. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 13th day of September 1999 Offered By: Seconded By: Roll Call: Gary Peterson, Mayor Jo-Anne Student, Council Secretary G B UDGE'~B2K~res 123~aids levy MINNESOTA Department of Revenue Property Tax Division Mail Station 3340 Phone (651) 296-5145 St. Paul, MN 55146-3340 Fax (651) 297-2166 Payable 2000 Overall Levy Limitation Notice COLUMBIA HEIGHTS CITY OF CLERK-TREASURER CITY HALL 590 40TH AVE NE COLUMBIA HEIGHTS, MN 55421 July 28, 1999 RECEIVED IUL 3 0 19 s The payable 2000 overall levy limitation for your city is: $ 3,295,956 The following is a listing of the factors used in determining your city's payable 2000 overall levy limitation. See the enclosed letter for an explanation of these factors and for additional information concerning your city's overall levy limitation. 1. Adjusted Levy Limit Base for Payable 1999: 2. Implicit Price Deflator Adjustment (Mar. 99/Mar. 98): 3. Household Growth Adjustment a. 1997 Households: b. 1998 Households: c. Ratio of 1998 to 1997 Households (b/a, but not less than 1.000): 4. Adjustment for Payable 1999 Market Value of New Cfl Construction a. Payable 1998 Total Taxable Market Value: b. Payable 1999 Market Value of New Cfi Construction: c. Adjustment (1 + Ratio of(b) to (a)): 5. Adjusted Levy Limit Base for Payable 2000 (1 x 2 x 3c x 4c): 6. New Net Tax Capacity-Based Referendum Levies: 7. 2000 Property Tax Aids a. 2000 Certified Local Government Aid (LGA): b. 2000 Certified Homestead and Agricultural Credit Aid (HACA): c. 2000 Estimated Taconite Aids: d. 2000 Certified Existing Low Income Housing Aid: e. Total (a+ b + c + d): 8.1999 Tax Rate Excess Tax Increments (Increase Over 1997): 9. Payable 2000 Overall Levy Limitation (5 + 6 - 7e - 8): $ 6,523,314 1.015 7,792 7,806 1.002 $ 590,856,000 $ 115,762 1.000 $ 6,634,4O6 $ $ 2,325,029 $ 1,004,122 $ $ $ 3,329,151 $ 9,299 $ 3,295,956 .,tn equal opportunity employer TTY/TDD: (650 215-0069 August 20, 1999 Mr. Gary Peterson Mayor City of Columbia Heights 590 40th Ave. NE Columbia Heights, MN 55421 Dear Mayor Peterson: COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION Edward M. Treska, Division Manager GOVERNMENT CENTER , 2100 3RD AVENUE ANOKA, MN 55303 The Truth in Taxation law, M.S. 275.065 requires cities to hold a public budget hearing for property taxes payable in the year 2000. The dates for this hearing cannot conflict with the initial hearing set by the county, metropolitan agencies or the school districts located in your city. However, your continuation hearing m~y conflict with the continuation hearing of another taxing district. These hearings must be held between November 29 and December 20, 1999. The continuation hearing must be at least 5 but no more than 14 business days after your initial hearing. Additionally, Chapter 389, Laws of 1998, requires that the first and second Mondays of Dec-~her are reserved for use by the cities until Sept-mher 15. The following taxing districts within your city have set the following hearing dates: TA~ING HF-~%RING RECONVENING DISTRICT DATE DATE Anoka County ................ December 2 ........ December 20 Metropolitan Agencies ....... December i ........ December 8 SD #13 ...................... December 7 ........ December 14 With this information you can now set the initial date for your public hearing and a date for reconvening the meeting, if necessary. In addition, the time and location of the initial meeting, the phone number an interested taxpayer raay call and your payable 2000 certified proposed property tax levy is due on or before September 15, 1999. I have enclosed a proposed levy and hearing date certification form. Affirmative Action / Equal Opportunity Employer If you have any questions concerning the Truth in Taxation process, please contact me at 323-5438. Sincerely, Dick Sivanich Manager, Property Tax Support Services Encl. Cc: City Manager/Administrator f/tnt/propcity.doc CITY COUNCIL LETTER Meeting of September 13, 1999 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: q ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon BY: Revocation DATE: September 7, 1999 DATE: NO: 99- ~]/a q°~ 't Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Susan Loewenthal regarding rental property at 1206-1208 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 99- copies available to the public. there being ample RECOMMENDED MOTION: Move to adopt Resolution No. 99- q~' , 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 Susan Loewenthal Regarding Rental Property at 1206-1208 Circle Terrace. RESOLUTION 99- ~ 6 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY SUSAN LOEWENTItAL (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1206-1208 CIRCLE TERRACE BLVD NE, 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 SEPTEMBER 2, 1999 OF A PUBLIC HEARING TO BE HELD ON SEPTEMBER 13, 1999. 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 October 15, 1997, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted eight violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on December 11, 1997, Claude Loewenthal (the owner's son) called the inspection office and stated that he was taking care of his father's properties as his father was elderly and had tailing health. He asked for an extension to correct the eight items listed in the compliance order. A thirty day extension was granted. 3. That on January 28, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, attempted a reinspection of the property, the owner/owner's son was not present for this reinspection. The inspectors talked to both tenants who were home and they all stated that they did not know about the inspection. Inspectors noted that all 8 violations still existed. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 4. That on February 10, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, noted that five violations still remained uncorrected and inspectors found one new violation. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. In the compliance orders three of the violations that were on the exterior of the building were given extensions until the end of April 1998 to be corrected. 5. That on March 26, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that the three violations that did not have extensions granted were uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 6. That on April 22, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that the three violations that did not have extensions granted were corrected and that the violations that had been granted an extension still remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 7. That on May 28, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that three exterior violations still remain uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. Note: It was sometime during the month of May 98 that we were informed that Mr. Loewenthal had passed away and that Mrs Loewenthal was going to be placed into a nursing home and that a court appointed special conservator would be handling all aspects of the rental property. 8. That on July 24, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that three exterior violations still remain uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 9. That on October 7, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that three exterior violations still remain uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 10. That on December 9, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that one exterior violation still remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 11. That on June 1, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that one exterior violation still remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 12. That on July 8, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that one exterior violation still remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 13. That on August 10, 1999, Rich Hintichs, inspector for the City of Columbia Heights, noted that one exterior violation still remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 14. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE 15. 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 1206-08 Circle Terrace Bvld NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this heating, and any other heatings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable tights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such tights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F3343 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: DAY OF 19__ ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY GARY PETERSON MAYOR Columbia Heights Fire Dept Comprehensive Occupancy History Occupancy Id equal to "20028" Occupancy Id: Name: Address: City: Prop Use: Complex: Construction: Building Class: 20028 Loewenthal Duplex Rentals 1206 NE Circle Terrace Columbia Heights, MN 55421 414 2-family Dwelling-year 41 Dwelling Complex 7 TYPE V protected wood frame R3 Dwellings and Lodging Houses Ph: After Hrs: Fax: Zone: R2 Station: 1 Dist: 6 Stories: 1 Date Type 07/15/1996 ACTIV 09/12/1996 ACTIV 09/27/1996 ACTIV 12/06/1996 ACTIV 10/15/1997 ACTIV 12/11/1997 ACTIV 01/28/1998 ACTIV 02/10/1998 ACTIV 02/20/1998 ACTIV 03/26/1998 ACTIV 04/22/1998 ACTIV 04/22/1998 ACTIV 05/28/1998 ACTIV 06/01/1998 PERM 07/10/1998 ACTIV 07/20/1998 ACTIV 07/24/1998 ACTIV 10/07/1998 ACTIV 10/07/1998 ACTIV 12/09/1998 ACTIV 01/16/1999 FIRE 06/01/1999 ACTIV 07/08/1999 ACTIV 07/09/1999 ACTIV 08/04/1999 ACTIV 08/04/1999 ACTIV 08/10/1999 ACTIV 08/16/1999 ACTIV Incident Code 99-000082-00 091 O92 935 071 091 O88 O92 O93 OO7 094 016 O88 O94 DUPLEX 031 O29 O95 095 091 O88 32 O92 O93 012 0O3 OO6 094 012 Description Annual Housing Code Inspection 1st Follow-up Housing Maintenance Code Inspection 2nd Follow up, Violations Corrected Complaint Inspection Annual Housing Code Inspection Extension Granted 1st Follow-up Housing Maintenance Code Inspection 2nd Follow-up Housing Maintenance Code Inspection Tenant Notice of Hearing Notice - CERT. MAIL 3rd -- Pre-Revocation HMC Inspection -- CERT MAIL Revocation Hearing Closed Extension Granted 3rd -- Pre-Revocation HMC Inspection -- CERT MAIL Rental Housing License for Two Family Dwelling Information Relnspection Fees Due FINAl-- Pre-Council Meeting Reinspection FINAl -- Pre-Council Meeting Reinspection Annual Housing Code Inspection Extension Granted Emergency Medical Call 1st Follow-up Housing Maintenance Code Inspection 2nd Follow-up Housing Maintenance Code Inspection CORR -- EXPIRED LICENSE LTR * No insp/app -- SENT 3rd Re-Licensing Application Mailed -- 50% Fee Final Inspection Request Mailed - CERTIFIED 3rd -- Pre-Revocation HMC Inspection -- CERT MAIL CORR -- EXPIRED LICENSE LTR * No insp/app -- 09/07/1999 09:34 Page 1 Columbia Heights Fire Dept Comprehensive Occupancy History Occupancy Id equal to "20028" Occupancy Id: 20028 Ph: After Hrs: Name: Loewenthal Duplex Rentals Fax: Address: 1206 NE Circle Terrace City: Columbia Heights, MN 55421 Zone: R2 Station: 1 Dist: 6 Prop Use: Complex: Construction: Building Class: 414 2-family Dwelling-year 41 Dwelling Complex 7 TYPE V protected wood frame R3 Dwellings and Lodging Houses Stories: 1 Date Type Incident Code Description SENT 0 8/_2_3_/19 9_9_ _ACT! _V ..... 0 _1_4_ ___ _S_t_a_te m e_n_t_ 0 f _C_a_ u_ _se/_ _0_ _wn e _r _N _otice_ _R _e.v. H _e_a_r!ng Totals by Type: Fires: I EMS Calls: 0 Insp/Activities: 27 Permits: 09/07/1999 09:35 Page 2 9Loo\ I 7-oce -\.(: -) 1206 Circle Terrace #l - 9:J_99.wpd Gary Gorman & Rich Hinrichs - Rear of building, rear facia still not painted. 1206 Circle Terrace #2 - 9]t9.rWd Gary Gorman & Rich Hinrichs - Front ofbuilding, front facia still not painted i !F -:) s ' .i CITY COUNCIL LETTER Meeting of September 13, 1999 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ~ ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon BY: Revocation DATE: September 7, 1999 DATE: NO: 99- r~ rJ q "i~ '"~ Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Susan Loewenthal regarding rental property at 1407-1409 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 99- copies available to the public. there being ample RECOMMENDED MOTION: Move to adopt Resolution No. 99- t/ri, 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 Susan Loewentahl Regarding Rental Property at 1407-1409 Circle Terrace. COUNCIL ACTION: RESOLUTION 99- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY SUSAN LOEWENTHAL (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1407-1409 CIRCLE TERRACE BLVD NE, 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 SEPTEMBER 2, 1999 OF A PUBLIC HEARING TO BE HELD ON SEPTEMBER 13, 1999. NOW, THEREFORE, 1N 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 August 24, 1998, the Columbia Heights City Council voted to revocate the license held by Susan Loewenthal for failure to correct Housing Maintenance Code violations. See Resolution 98-76. 2. That on October 9, 1998, Assistant Chief Alexon conducted a license reinstatement inspection and noted that seven violations remained uncorrected. A letter was written and sent to the special conservator and to Mr. Claude Loewenthal (Owner's son) detailing the violations that need to be corrected and the time table for correction. Three exterior items were given extension until June 1, 1999 to be corrected. 3. That on January 27, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that two of the violations that were not granted extensions remained uncorrected. It was decided by the inspection office that these two exterior violations would be granted extensions due to the time of the year and that they would be rechecked when the four other violations were to be reinspected on June 1, 1999. 4. That on June 2, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that six violations still remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 5. That on July 8, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that the six violations still remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 6. That on August 10, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that the six violations still remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 7. That on September 3, 1999, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, noted that the six violations remained uncorrected. Inspector Gorman took photographs of the remaining violations. 8. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE 9. 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 1407-1409 Circle Terrace Bvld NE 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 F3330 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF ., 19__ MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAY S: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY GARY PETERSON MAYOR CHRONOLOGICAL LOG PROPERTY ADDRESS: 1407-09 Circle Terrace OWNER: Susan Loewenthal May 16, 1997 October 15, 1997 December I 1, I997 January 20, 1998 Febmary I9, 1998 March 26, 1998 Apfilll, 1998 May 20,1998 May21,1998 May26,1998 June 5, 1998 Owner did not show for 1997 Annual inspection Annual inspection performed, inspectors noted I4 violations A 30 day extension was granted. A 30 day extension was granted. An attempt to reinspect was made, tenants informed inspectors that they ~vere not notified. Inspectors did not inspect An attempt to reinspect was made, one tenant was not home and the other tenant refused to let inspectors to enter, stating that they were not notified. A revocation hearing was set for June I 0, 1998 and the tenants were notified by certified mail On or about this time Asst. ChiefAlexon found out that Mr. Loewenthal had passed away and Mrs. Loewenthal was quite ill. The tenants had informed him that they were paying rent to an attorney for Mrs. Loewenthal. Asst. Cl-fiefAlexon sent a letter to the attorney, Mr. David Jacobs asking for information on who now owned the property and who was responsible for taking care of repairs. Mr. Jacobs responded to Asst. ChiefAlexon's inquiry with a letter stating that he was be appointed special conservator for Mrs. Loewenthal and that he would be the one arranging the upkeep/maintenance of the properties. A letter was received fi.om the office of Mr. Jacobs asking for the closing of the June 10, 1998 revocation heating and a 60-day extension to make the required repairs on the property. This was granted and an reinspection date was set up for August 5, 1998. A revocation heating was set for August 10, 1998. August 5, 1998 August 24, 1998 August 24, 1998 October 9, 1998 finds December 9, 1998 December 28, 1998 January 27, 1999 June 2, 1999 corrected. July 8, 1999 August 10, 1999 September 3, 1999 August 30, 1999 Inspectors reinspected the property and found none of the violations were corrected. Inspectors conducted a final reinspection of the property and noted that none of the violations were corrected. The City Council votes to revocate the rental housing license held by Susan Loewenthal. A license reinstatement inspection is coducted by Asst. Chief Alexon and that there is a violations that remain uncorrected. A letter is written to David Jacobs and Claud Loewenthal detailing the process to reinstate the license, the violations remaining and the time table for correction. Another reinspectionis performed and none of the violations listed/mentioned in the above letter are corrected. Given until January 26, 1999 to correct the violations. The City Council votes to reinstate the license for 1407-1409 Circle terrace Inspectors conducted the 1998 annual insp along with a license reinstatement inspection and found that all violations except for six exterior violations. Four of these violations had extensions until June 1, 1999 and it was decided that the remaining two violations would be extended until June 1, 1999. Inspector Hinrichs finds none of the above mentioned violations are Inspector Hinrichs finds that none of the violations are corrected. Inspector Hinrichs conducts a Final inspection and finds that none of the violations are corrected. A final pre-council inspection is performed and it is found that none of the violations are corrected. David M. Jacobs pays all reinspection fees to date in full. CITY OF COLUMBIA HEIGHTS SSS MILL STREET N.E., COLUMBIA HE)GHTS, MN 5~421-3878 (612) 782-2~30 TDD 7~2-2~O6 Mr. David Jacobs 247 3~ Avenue South Minneapolis, MN 55415 Mr. Claude Loewenthal 4737 South Highway 101 Minneapolis, MN 55345 October 9, 1998 Re: 140%1409 Circle Terrace Dear Sirs: This letter is a follow-up to the license reinstatement inspection conducted today with myself and Claude Loewenthal present. In addition to the violations of the Housing Maintenance code, we looked at the deficient items from the Section 8 inspection. Listed betow are the results of these inspections. Following the inspection results are the procedures which must be followed to get the 1997-98 license reinstated and apply for the 1998-99 license. Housing Maintenance Code violations: All items are completed with the following exceptions. It is my intent to recommend to the City Council that the rental housing license for this property be reinstated based upon substantial compliance with the code. Procedures which you must do to reinstate the ticense are listed beginning on page 3. Item #3: Shall replace bedroom door on front south bedroom. Work to patch the holes has been substantially done. Additional work is needed to complete the patching job and sand and stain to match the rest of the door. Item #8: Shall find source of wet basement, check gutters, downspoUts or other source of water coming into the building. Shall clean basement walls to prevent mold and mildew. The basement today~vas dry. Claude advised me that work to patch walls and eliminate places for water to enter has been done. Additional items related to this are listed in the Section 8 information below. This issue may be a continuing issue which will require ongoing maintenance. Item #9: Shall replace aft missing storm windows on both units. The window on -1- the first floor, east side (1409 side) near the front of the house is missing the storm window. Item #10: Shaft repair siding, shaft replace rotted siding. Siding which was rotted has been replaced. It has not yet been painted. Claude advised me that the contractor is in process of matching paint color and the painting of these replaced boards will be done yet this fall. Item #11: Shall scrape/paint building. Not done. Claude advised me his plan on this item is to complete it in spring, 1999. I will grant an extension on this item until June 1, 1999. Should the work remain uncompleted at that time, our office could recommend license revocation immediately. Item #12: Shaft remove aft weeds, stumps from hill in back yard. Hill must be sodded, landscaped, maintained. Weeds have been cut down. Stump still remains. Claude advised me that the plan on this area is to install a retaining wall made of railroad ties. This would be acceptable to my office; you may need a permit for the retaining wall. Contact the permit clerk at 782-2854 for more information on this. Additionally, Claude and I discussed cutting down weeds along the driveway in the rear and along the front side of the house on the 1407 side. A quick trip with a weed whacker is all that is needed. Item #13: Shaft install some type of retaining wall along hill on n.w. side of house where hill is washing out. Not done. See item above also. Claude advised me that this is planned for spring, 1999. [ will grant an extension on this item until June 1, 1999. Should the work remain uncompleted at that time, our office could recommend license revocation immediately. Section 8 Inspection Violations: The violations noted on the Section 8 inspection of the unit at 1409 are completed with the following exceptions. A copy of this letter is being given to Richard Rothchild from the Section 8 office. Reinstatement of Section 8 payments will be Mr. Rothchild's decision. Screens: Several rooms had failed items relating to screens. Screens remain unrepaired in the following areas: Living room, second floor dght front bedroom. Storm window missing. See item #3 in the Housing Maintenance Code list above. Missing downspouts. Both the southeast and southwest comer downspouts end by directing water at the ground next to the foundation rather than away from the -2- foundation. Claude and I discussed this issue as a potential cause of the water problems which have occurred in the basement. Rotted siding to be replaced and painted. Siding has been replaced but not yet painted. See item ¢¢-4 from the Housing Maintenance code list above. Car tires stored around driveway. There are no tires lying around. The car tires which are there are apparently being used to help weigh down a portable basketball hoop. They are still on the rim, I assume to help add weight, I advised Claude that the tires are a poor choice for this job and that the tenants should choose some other material, such as sandbags, to provide the added weight if this is necessary, In closing, Claude and I discussed the benefits of correcting violations as quickly as possible to avoid the actions which became necessary on the part of the City in this case. Claude stated that his father's health conditions had been a major factor in these violations not being corrected in a timely manner. He also stated that his intent for the coming license year was to correct violations in a timely fashion. I embrace this philosophy and look forward to a positive relationship in the future. Rental License Reinstatement: The Rental License which was revoked by the City Council was that for the 1997-98 license year, which ended on May 31, 1998. This license must be reinstated pdor to further action on the 1998-1999 license. Regarding the Rental License Reinstatement, following are the required steps: City Council must approve the license reinstatement. Our office is preparing the appropriate paperwork to get this item on the agenda for the Council. Due to timing issues related to the meeting dates of the Council, I expect this will occur at the October 26, 1998 City Council meeting. The license must be re-applied for by the property owner, Enclosed with the copy of this letter being sent to Mr. Jacobs is the license application form for this purpose. It must be completed and returned to our office along with the payment of the reinstatement fee of $30.00 and penalty. The license reinstatement penalty is 50% of the cost of the annual license, which will bdng the total to $45.00. Once these items have been taken care of, the Rental License for the 1997-98 license year will be sent. Rental License for 1998-1999: The relicensing application for 1998-99 was never sent by our office due to the fact that there were remaining issues from the previous license year (ie, the revocation). The -3- steps involved in annually licensing rental property are listed below. We will move for,,vard on this concurrently with the reinstatement procedures above. Please pay particular attention to how the procedures will be handled in this unusual instance. The application must be completed and returned to our office. We are only sending you one application and we will accept the application for reinstatement (referred to in #2 above) as the application also for the 1998-99 license year. This will allow you to avoid filling out the same piece of paper twice. o The license fee for the year 1998-99 must be paid. This fee is $30.00; because of the fact that payment of the fee is more than 30 days late (it would have been originally due on June 1 ), the penalty of 50% of the license fee also applies. This brings the total amount due to $45.00. This amount is in addition to the fees related to the reinstatement of the 1997-98 license in #2 above. If you prefer, one check for the total ($90.00) of both license reinstatement and new license application may be sent. The annual license inspection must be scheduled. In my conversation with Claude today, I asked him to contact my office to schedule this inspection. Once the three steps listed above are taken care of, and any violations noted in the annual inspection are corrected, the 1998-99 license will be approved by the City Council. If you have any questions on these items or any of the procedures which I have outlined, please feel free to contact my office. Either Joel Ostmoe or I should be able to assist you. Sincerely, Dana Alexon Assistant Fire Chief c2-98286.wpd CC: C. Kewatt, Fire Chief R. Rothchild, Section 8 office ~SOLUTION 98- 76 RESOLUTION OF THE CITY COL~NCIL FOR THE CITY OF COLUIV[BIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION fA.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY SUSAN LOEWENTHAL (HEREINAFTER "LICENSE HOLDER"). WI{El:LEAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1407-1409 CIRCLE TERRACE, COLUMBIA HEIGHTS, M/NNESOT.~, A[ND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH TI-IE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON AUGUST 13, 1998 OF A PLq3LIC HEARING TO BE HELD ON AUGUST 24, 1998. NOW, TI-I~REFORE, IN ACCORDANCE WITH Tt-ZE FOREGOING, AND ALL ORD1NAuNCES AND REGULATIONS OF THE CITY OF COLUIV[BIA HEIGHTS, TH2E CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES TH~ FOLLOWING: FL'qDrNGS OF FACT I. That on October 15, 1997, Matt Field and John Lark. in, inspectors for the City of Columbia Heights, noted fourteen violations. Compliance orders listing the v/olations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Appl/cation. 2. That on December 11, 1997, a 30 day extension was requested and granted. Extension orders I/sting the violations were mailed by regular mail to the owner of the property at the address hsted on the Rental Housing License Application. 3. That on January 20, 1998, a 30 day extension was requested and granted. Four of the fourteen violations (exterior violations) listed were given time extensions to April 30, 1998. Extension orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 4. That on February 19, 1998, Gary Gorman and Rich I-lln*icEs, inspectors for the City of Columbia Heights, attempted to reinspect the property. The owner/owner r~resentative was not present at the inspection. Inspectors found tenants on both sides of the building were home, but ,, stated that they had. not been notified of the inspection that day. Ixm'pectom did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Homing License Application 5. That on March 26, 1998, Matt Field and John Lark/u; inspectors for the City of Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenant on the 1407 side was not home, and the tenant on the 1409 side was home, but stated that they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 6. That on May 19, 1998, Matt Field and John Larkin, inspectors for the City o f Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenants on both sides of the building were home, but stated that they had not been notified of the inspection that day. la~pectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 7. That on or about May 20, 1998, Assistant CkiefA/exon had telephone conversation with a tenant of the Loewenthal properties who stated that Mr. Kurt Loewenthal had passed away and that she was now pay/rig her rent to an attorney for Susan Loewenthai. Assistant ChiefA/exon wrote the attorney a letter asldng for information on the status of the property. 8. That on May 26, 1998, Assistant CkiefA/exon received a letter from attorney at law, Mr David M. Jacobs's law firm stating that Mr Jacobs has been appointed special conservator of Susan Loewenthai. The letter also stated that it was only recently that Mr. Jacobs had become involved in these matters and would have a difficult time correcting any violations prior to the June 8, 1998 deadline. 9. That on June 5, 1998, Assistant Chief Alexon received a letter from Mr. Jacobs's office staring that they could not correct the violations due to Mr. Jacobs just recently becoming involved with the Loewenthals and compLications in the conservatorsh/p process. The letter went on to ask for a 60--day extension. A 60-day extension was granted by Assistant Chief Alexon, with a reinspection date of August 5, 1998 being set. A/so, a letter was sent to Mr. Jacobs detailing a I/st of immediate concern violations that Assistant CkiefA/exon felt need to be corrected as soon as possible. I0. That on August S, 1998, MattFieldandJolmLark/nimpectors for the City ofColumbia Heights, impected the property and found that none of the violations were corrected. A $40.00 reinspection fee was assessed. A Statement of Cause and a Notice of Revocation Heating listing the uncorrected violations, was sent to the owner of the property listed on the Rental Housing License Application and to the conservator of the Estate of Susan Loewenthal by certified mail. 11. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATIONS OF TH~ HOUSING MAINTENANCE CODE B. F.a, II,URE TO SUBMIT REINSPECTION FEES OF $40.00 t2. That ail parties, including the License Holder and any occupants or tenants, have been Dven the appropriate notice of this hearing according to the provisions of the City. Code Section $A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 140"/-09 Circle Terrace 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 par~ies in interest have been duly served notice of this hearing, and any other hea.dngs relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal ms relating to the license holder, owner, occupant, or tenant, a~ the case may be, have expired, or such rights have been exercised and completed. ORDER OF COU.'NCIL I. The rental license belonging to the License Holder described herein and identified by license number F2241 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. Jdl tenants shall remove themselves fi:om the premises within 60 days fi:om the first day of posting of this Order revoking the license ms held by License Holder. ]PASSED THIS 24th DAY OF August ,19 98 MOTION BY: Peterson SECO~DD BY: Ruettimann ROLL CALL: A11 ayes CITY OF COLIoqVI]BIA FIEIGHTS, ~MiNi~'ESOTA CITY COUNCIL SECRETARY Columbia Heights Fire Dept 20029 Loewenthal Duplex Rentals Property Address: Last Insp. Date: Re-Inspection Date: 1407 Circle Terrace 01/2711999 09/03/1999 Type of Insp: Inspector: Time: 094 103-H 15:00 Date Code 08/10/1999 00 Description Violation Details Recheck violation record auto-generated from inspection on 07/08/1999 When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a mis-statement or mistake of fact such person may appeal as set forth in 6.202(1). Please call 612-782-2817 for more information on the appeals process. Exterior 4..Shall replace all missing storm windows on both units...Extension to June 2, 1999 5..Shall repair siding, shall replace rotted siding....10/7/98 Needs paint ...... extension June 2, 1999 6..Shatl scrape/paint building .......... extension.June 2, 1999 7..Shall remove all weeds, stumps from hill in back yard. Hill must be sodded, landscaped, maintained ...... extension_June 2, 1999 8..Shall install some type of retaining wall along hill on n.w. side of house were hill is washing out ....... extension..June 1, 1999 9..Shall repaidreplace several damaged screens on structure.._extension to June 2, 1999 08/1011999 5A.205(1)(A) Foundation, Exterior Walls, Roof Recheck violation record auto-generated from inspection on 07/08/1999 No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support Div Page 0 Art II 5 10 09/07/1999 14:49 lai 1407-09 Circle Terrace #l - 9 3_99.rWd Gary Gorman & Rich tfnrichs Rear of building, missing screens, broken basement window, rotting corner of siding. 1407-09 Circle Terrace #2 - 9:3_99.wpd Gary Gorman & Rich Hinrichs Looking from the rear ofthe house and the rear yard/hill area. Unkept yard, tree stumps in yard ,, l il t .' i ',a:5'1' ,# 1407-09 Circle Terrace #3 - 9]:9.wpd Gary Gorman & Rich Hinrichs Tall weeds/grass along the fence, shoulder high weeds along right side of garage il :i 9. 3' 1 9gg 1407-09 Circle Terrace #4 - 9 -3-g9.wpd Gary Gorman & Rich Hinrichs - At rear of property looking towards house, tall grasVweeds tree stumps - unkep yard rft '*t4,. ',1r ' ""l'. *..i.r ,{*l . -,tfth'i q" L J , '! ..t {rr,'l t,#t *rt .. "q,. * L $ I 't .a G ,{ I 1407-09 Circle Terrace #5 - 9:l*99.wpd Gary Gorman & Rich Hinrichs Rear of yard looking towards house/garage - unkept yard, tall grass/weeds, outside storage .! t 1407-09 Circle Terrace #6 - 9:3_99.wpd Gary Gorman & Rich Hinrichs Siding replaced, but not painted I F' CITY COUNCIL LETTER Meeting of: September 13, 1999 AGENDA SECTION: OTHER BUS1NESS ORIGINATING DEPT.: CITY MANAGER NO: ~ Recreation ~ APPROVAL ITEM: MULTI-USE CENTER REFERENDUM BY: Keith Windschitl//4~ BY: NO: ~ - ~ -'~ DATE: September 9, 1999 BACKGROUND: TheCityofColumbiaHeightsisconsideringaDecember, 1999 bond referendum election to pay for public improvements. The primary improvement project being considered is a multi-use center. The multi-use center has been needed for several years and it is envisioned as an addition onto Murzyn Hall, containing meeting rooms for seniors and teens, a walking track, a fitness center, a multi-purpose area, locker rooms, and a children's indoor play area. This facility would be utilized by residents of all ages. The multi-use center cost is estimated at $4,950,000. Staff would like the Council to act on the following issues regarding the multi-use center referendum: Formally set date to hold referendum vote. Finalize language and wording that will appear on the referendum ballot. Staffrecommends that the referendum vote be held on Tuesday, December 14, 1999. This date will allow the public to be educated on the need for the multi-use center and the cost of the project. Additionally, this will allow for architectural plans to be finalized and made available to the public. Staff recommends the following language for the ballot: "Shall the City of Columbia Heights be authorized to issue its general obligation bonds in an amount not to exceed $4,950,000 to provide funds for construction o fa multi-use center addition (meeting rooms for seniors and teens, walking track, fitness center, a multi-purpose area, locker rooms, children's indoor play area, and other uses) onto Murzyn Hall in Huset Park?" Staff has carefully reviewed the needs of the community and feels that this facility would benefit residents of all ages in Columbia Heights. This facility would also encourage an increased community involvement. RECOMMENDED MOTION: Move to approve the date ofTuesday, December 14, 1999 for special election referendum for multi- use center. RECOMMENDED MOTION: Move to approve referendum ballot language as "Shall the City of Columbia Heights be authorized to issue its general obligation bonds in an amount not to exceed $4,950,000 to provide funds for construction o fa multi-use center addition (meeting rooms for seniors and teens, walking track, fitness center, a multi-purpose area, locker rooms, children's indoor play area, and other uses) onto Murzyn Hall in Huset Park?" COUNCIL ACTION: Admin\CC-Multiusecenterre ferendum THESE r City of Columbia Heights Park and Recreation Commission August 25, 1999 The meeting was called to order by Brace Magnuson at 6:31 p.m. ROLL CALL Members present: Jerry Foss; Scott Niemeyer; Gary Peterson; Keith Windschitl, Recreation Director Members absent: Eileen Evans; Gary Mayer; Bob Ruettimann; Kevin Hansen, Public Works Director/City Engineer Also present: Lauren McClanahan, Public Works Superintendent; Ellen Hansen, Jennifer Ashcroft, and Greg Sery of Al-Anon; Dennis Vanseth APPROVAL CONSENT AGENDA Motion by Foss, second by Niemeyer to approve the consent agenda. All ayes, motion carried. LETTERS AND REQUESTS REQUEST USE OF SENIOR/OSTRANDER ROOM / ELLEN HANSEN, AL-ANON Members reviewed the request from Ellen Hansen of Al-Anon for use of the Senior/Ostrander Room on Saturday, November 6, 1999 with the fee being reduced to $75. Ms. Hansen explained that Al-Anon is a non-profit group with minimal funds available. She will be selling tickets to the banquet to cover costs, and if there is any profit, she will give it to Murzyn Hall to deft'ay the cost of the room rental. Motion by Peterson, second by Foss to approve use of the Senior/Ostrander Room, with the fee being reduced to $75 and any profit to be applied towards the room rental cost. All ayes, motion carried. OLD BUS1NESS BID FOR REPAIR OF ROOF AT MURZYN HALL Members reviewed the cost estimate from Jeff LaFrance Exteriors to completely re-roof Murzyn Hall. The Recreation Director reported that the roof is badly in need of repair according to the roof consultant. Members recommended that staff contact Milton Johnson Roofing for a second cost estimate. COST OF TILE FOR LABELLE LOLrNGE Members reviewed the cost estimate from Tovey Tile Company, Inc. to furnish and install quarry tile in the LaBelle Lounge. Members looked at samples of quarry tile. The cost estimate does PAGE TWO not include removal of the old tile. BOND REFERENDUM STRATEGY Members reviewed the document fi:om Ingraham & Associates which outlines their summary and recommendations for a successful bond referendum. The estimated cost of the multi-use center is approximately $4.5 million. Members also discussed including some park improvements in the bond referendum. The city is doing a conceptual space needs study which has been approved by the City Council. There will be a meeting tonight at 7:30 p.m. to update the community on the progress of the proposed multi-use center. NEW BUSINESS COLUMBIA HEIGHTS LION'S BAR ISSUES The Recreation Director reported that he received a complaint from a renter regarding Lion's bartenders drinking behind the bar during events. Several members stated that they think that most Lion's bartenders are well behaved. The Lion's Club does have a rule prohibiting drinking behind the bar. The Lion's are also concerned about renters having champagne toasts. They are concerned that this is creating a liability issue with their dram insurance. Members advised that if the Lion's want the commission to address their concerns, they should submit a letter outlining the problems. LABELLE PARK WARMiNG HOUSE REMOVAL Lauren McClanahan, Public Works Superintendent, explained that the Park Department would like to remove the LaBelle Park warming house and possibly build a picnic shelter in its place. The warming house has very low usage and is currently used for storage of election equipment. Staff has had trouble finding warming house attendants because of the poor condition of the building and the fact that it has no rest room facilities. The Park Department plans to install a bench for skaters. Motion by Foss, second by Niemeyer to remove the LaBelle Park warming house. All ayes, motion carried. COLUMBIA HEIGHTS BOOSTERS SPORTS BANQUET Jerry Foss reported that the Boosters are considering a new location for their high school sports banquet. In the past, the banquet was held at Sharkey's; however, some parents do not like bringing their children to a bar and also think the cost is too high. They would like to use Murzyn Hall on a weeknight and have Sharkey's provide the food. This item will be put on the agenda for next month's meeting. PAGE THREE REPORTS RECREATION DIRECTOR The Recreation Director reported that the carpet in the main hall and Recreation Office was replaced today. Staff will pick up the new 15-passenger van this week. PUBLIC WORKS DIRECTOR/CITY ENGINEER The Public Works Superintendent reported that Park Dept. crews have widened the pathway at LaBelle Park, constructed a pathway to Huset East playground, and are repairing the retaining wall at the north side of the city hall parking lot, near the alley. Prestemon Park is taking shape. The storm water retention pond is almost finished and has aleviated flooding problems. Staff have received favorable comments about the park project. COMMISSION MEMBERS No report at this time. ADJOURNMENT Motion by Peterson, second by Foss to adjourn. All ayes, motion carried. Meeting adjourned at 7:29 p.m. Janice McGhee-Fetzer, Park & Recreation Commission Secretary THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FOR THE MEETING OF THURSDAY, AUGUST 19, 1999 The informal meeting (due to lack of quorum) was called to order at 7:08 p.m. by Chairman, Dennis Stroik. ROLL CALL: Commission Members: Dennis Stroik, Robert Buboltz. Council Representative: JulienneWyckoff City Representative: LindaMagee Cable TV Representative: Kathi Donnelly-Cohen Legal Counsel: Mike Bradley Also present were MediaOne personnel: Dave Seykora, VP of Law and Public Policy-Jim Commerce, Director of Operations-Jeff Harkman, VP and General Manager of the Twin Cities MediaOne Systems. APPROVAL OF MINUTES Motion by Bob, seconded by Julienne, to approve the minutes from the meeting of May 20, 1999. All ayes. OLD BUSINESS A. Channel Check Several channels were slow to engage the video programming. Channel #31-gospel music may not be matched to the video. This needs to be checked out. Channels 4 & 11 are also being televised on higher channels in the 70% at this time due to ingress problems that are occurring. If subscribers call regarding poor reception on g4 & #11, encourage them to call MediaOne for a service call. This can usually be cleared up and it will not be telecast on two channels indefinitely. B. Correspondence Log and Complaint Follow Up. Vicki Bates- A letter was received June 10~ from Ms. Bates regarding rates and service. It was enclosed in the agenda packet as an informational item. Kathi had not received a copy of this letter prior to the agenda, so she will follow up on this. Complaint #110-Dennis Nastu-He complained of being overcharged for service. Kathi sent him a letter (enclosed in packet) explaining the charges and copies of the notices that have been mailed to subscribers. This complaint has been resolved. Complaint #111-David Gruenberg-Asked that large cable unit be moved and not placed in the middle of his yard. He wanted a large tree planted in his yard to block the view of the loop in the cable line. Nothing was done, and he eventually admitted that he was being unreasonable. Complaint #113-Bruce Ordway-Kathi sent him a letter (enclosed in packet) explaining the options of either having a service tech change out converter boxes or of the subscriber bringing it into MediaOne for a replacement box and a credit on their bill. She also spoke with him and he was reluctant to let them in his home. He stated he would bring it in. The complaint has been addressed as much as possible. Complaint #114-Rasim Ramulic-Had a problem with his billing and claimed he no longer wanted service. When daughter was contacted, she said they wish to continue basic service and they were able to get the billing straightened out. It seems Mr. Ramulic missed a payment in June and was confused when billed again. Complaint #115-Eileen S ilbert-Had a complaint about her payment for her service and her father's not being credited properly and about service calls not being handled as requested. The payment made with her credit card has been properly credited to the two accounts, and the services at both residents are working fine now. It seems that two different techs or subs were dispatched with the service orders, so they were not handled consecutively as requested. TELECOMMUNICATIONS COMMISSION MINUTES OF AUGUST 19, 1999 PAGE 2 Complaint #116-Janice Ballentine-She was angry about interrupted service during the upgrade. Subscribers had been notified this would happen. Kathi called her and tried to explain to her, but she did not want to talk about it. Complaint #117-Theresa Taylor-Complained that tech would not program the box and he forgot the remote that had been requested. She felt price was high for lack of service. Kathi stated that the customer declined the remote when it was delivered at a later date. Complaint #118-Eileen Sitbert-She reported back that problems have finally been resolved, but she was on hold for 35 minutes one time and 20 minutes another time to get things straightened out. Complaint #119-FYI-Angry woman who stated her bill was raised and she was not notified. Did not leave her name, so Kathi was unable to deal with situation. Complaint #120-FYI-A man called who said Spice Channel 78 needs to be scrambled more. Audio and Video come through very clearly from time to time. The option of the parental control on the converter box must be explained, as well as the traps that can be installed. Complaint #121-Veto Brewster-He lost programming of some of his channels. The building had a power outage and he had a programmable TV that lost some of the programming. The service tech re-programmed his set and everything is fine. Status of Review of Rate Increases for 1999 Mike reported the person in the firm who is reviewing the forms is out of town. He will be working on these during the next month and will make a report to the commission at the next meeting. Recommendation of Web Site Committee The committee recommended the City Council proceed with the creation of an interact web site, select a web site host, hire a consultant/design firm to create the site, provide instruction to staff to learn software, and provide staff to monitor and update the site, and approve expenditures of $9,000 for a consultant, $200 for software and $700 for training with monies to come from the Cable Fund. This was approved by the Council at the August 9, 1999 City Council Meeting. Jean will be contacting companies for RFP's on this. Dennis thanked the committee members for their efforts. Other Old Business There was no other old business. NEW BUSINESS A. Update on Merger of MediaOne with AT and T-394 Forms Have Been Received. The FCC 394 Forms are being reviewed. There is a time frame of 120 days to act on the information provided. This time frame will expire on November 12. Therefore, a joint meeting is planned for October 21, 1999, whereby the City Council and the Commission members can be updated on the findings. It will then go to the City Council at the meeting of November 8, 1999, for formal action. Dennis pointed out there was an article in the Multi Channel News regarding the possible market share AT and T will have across the country after this merger is approved. TELECOMMUNICATIONS COMMISSION AUGUST 19, 1999 PAGE 3 Receipt of the 1998 Annual Report The Customer Correspondence Report had been submitted previously and the Subscriber Survey Results were passed out at this meeting. Therefore, all documents of the Annual Report have been received. Linda acknowledged they hadn't met yet to discuss the request to amend the franchise requirement of doing a subscriber survey. Motion by Dennis, seconded by Julienne to accept the 1998 Annual Report as presented. All ayes. Customer Service Activities Jeff Harkmann, Jim Commerce, and Dave Seykora attended the meeting to show a video and make a verbal presentation regarding customer service and what steps they are taking to improve the situation. A letter was also enclosed in the agenda packet regarding customer service and the problem they have faced handling the large number of phone calls they have been receiving. Kathi explained in the letter that with the relocation of their offices, the upgrades in the Twin Cities area which caused intermittent outages, a new channel line up, a new computer platform, and a new phone system, it increased the volume of their calls beyond their expectations. The auto response system they had in place did not work properly, so this created more problems. Mr. Harkman also stated that there have been two incidents of vandalism to the fiber optic lines during the summer that affected thousands of subscribers. However, they are implementing changes that should help, and will continue to monitor the situation and make additional adjustments as needed. He explained they are hiring more customer service staff to handle the increased number of calls, they are outsourcing a percentage of the calls now being received, they are working to ensure the technology improvements are working properly, and they are trying to improve their communications to subscribers to keep them informed. He explained they are striving to have everything back up to their normal standards by October. Bob asked if there was some way subscribers could reach MediaOne offices through their computers and leave messages regarding their service rather than waiting on the phone for long periods of time. Mr. Harkman stated that this idea is something they will have to look into as it would require a staff person to look at all the messages left and coordinate service to resolve any problems. He did say that an automated message system has been activated telling people when MediaOne is already aware that a problem exists in a certain area. This is similar to the system NSP uses during power outages. Mr. Harkman also informed the members that the upgrade is not yet complete. The fiber lines are in and the channel capacity has been increased, however they still need to upgrade the power supplies and install the status monitors. Notice of Premium Changes to Gold Star Choice A letter was enclosed in the agenda packets explaining the changes that will be made to the premium pakages offered by MediaOne. Notice of Programming Changes to Preferred Tier A letter was enclosed in the agenda packet informing the members that Great American Country (GAC) will be replacing Country Music Television on channel 57 effective September 30, 1999. Customers will be notified in their August billing. The programming on GAC is more popular and will show approximately 400 more videos per month. TELECOMMUNICATIONS COMMISSION MINUTES OF AUGUST 19, 1999 PAGE 4 F. Receipt of Franchise Fees for 2na Quarter-1999 A copy of the franchise fees for 2na quarter in the amount of $25,174.91 was enclosed in the agenda packets. G. Introduction of Jeff Harkman-General Manager of MediaOne Mr. Harkmann previously made his presentation. See Section C42ustomer Service Activities-above. H. Appointment of New Commission Member, Dan Swee Dan Swee was appointed to the Telecommunications Commission at the City Council Meeting of May 24, 1999. His term will expire in April 2002. I. Other New Business -A letter was received August 17~ informing us that the old service number will be disconnected as of September 15% For the past six months, this number has been rolling over to the new service number of 651- 222-3333. -Kathi reported that KVMB (Channel 12) will be losing the Home Shopping Programming they have carried in the past. This change will take affect at the end of August. To cover this loss, they will repeatedly run some of their other programs. -Mr. Seykora passed out a letter in response to a question Reuben had raised about security issues if you are an interact subscriber through cable service. He has heard of individuals getting access to neighbors personal computers who also have hook up through the same cable system. He wanted to know what steps have been taken to correct this situation. Mr. Seykora explained the incident Reuben was referring to was an isolated case in Apple Valley under the Charter System. He assured members that those who wish to "file share" or "print share" in the MediaOne system need to request this in writing. E-Mails are also sent to customers to remind them of security procedures. MediaOne is also committed to providing web-based tools to address security issues. Advanced filtering software is now available. Details are addressed in the letter which explain what steps MediaOne has taken to address secUrity protection. REPORTS Report of Commissioners The Commissioners had nottfmg to report. Kathi stated MediaOne will have a stand at the State Fair in the Technology Building. The COOL Bus will also be at the Fair. She stated this bus is available to go out to schools that may be interested in having teachers and students trained on MediaOne Road Runner and Cable in the classroom. This bus will only be available until December 31, 1999. She asked that this information be passed on to the school district personnel. Report of MediaOne-"News You Can Use" May, June, July 1999 Reports Kathi reviewed the subscriber statistics and answered questions. Linda Magee, as Data Practices representative for the City asked about the "Trade Secret-Not For Public Information" status of the monthly reports we receive. She wanted some clarification as to exactly what information is private and what could be considered public. She asked that the private information be sent to us separately and we could still enclose the public information in the agenda packets as the members do review this information prior to the meetings. Mike Bradley said this is something still being discussed and he will advise Linda accordingly when a decision is reached regarding this information. TELECOMMUNICATIONS COMMISSION MINUTES OF AUGUST 19, 1999 PAGE 5 Kathi stated that a letter will be going out in the near future regarding Y2K, Although MediaOne is Y2K compliant, they want the assurance of the City that our equipment is also Y2K compliant. If we are unable to determine if our equipment is compliant, they will be willing to send out technicians to determine this, if we desire. Linda stated she would also like reassurance in this regard to ensure that the emergency broadcast system will continue to function. Other items to note: II. III. MediaOne will be having an Open House in the future which will allow the various city representatives to view their new offices and the upgrades they have made at the headend. MediaOne will be constructing a "House of the Future" at the MN State Fairgrounds, which is targeted to open in October. A replica of the Vietnam Memorial will be displayed at the Capital Mall. C. Report of the Cable Attorney Mike Bradley had nothing further to report. D. Report of the Assistant to the City Manager Linda reported she would be at the NATOA Conference in September. The next meeting will probably be the Joint Meeting in October. Motion by Bob, seconded by Dennis, to adjourn the meeting at 8:45 pm. All ayes. Respectfully submitted, Shelley Hanson ~ Secretary