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HomeMy WebLinkAboutJuly 24, 2000 RegularCITY OF COLUMBIA HEIGHTS 590 4OTH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION Mayor Gary L. Pe~erson Councilmembers John Hunter Donald G. Jolly Mariain. ~'~urek Julienne Wyckoff City Manager Walter R. Fehst July 21,2000 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 24, 2000 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 disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) CALL TO ORDER/ROLL CALL PLEDGt$ OF AI~LEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Com~cil, 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.) CONSEFF 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.) Ae MOTION: Move to approve Consent Agenda items as follows: 1) Minute~s for-Approval ,. :;: .............. . MOTION: Move to approve the minutes of the July 10, 2000, Regular Council Meeting as presented. 2) Establish dates for City Council Work Session meetings to be held in August of 2000. MOTION: Move to establish City Council Work Session meeting dates for Monday, August 7, 2000 at 7:00 p.m. and Monday, August 21, at 7:00 p.m. 3) Adopt Resolution No. 2000-55. Being a Resolution Designating Election Judges for the 2000 Primary and General Elections MOTION: Move to waive the reading of Resolution No. 2000-55, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 55, Being a Resolution Designating Election Judges for the 2000 Primary and General Elections. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER : I Columbia Heights City Council Agenda July 24, 2000 Page 2 4) 5) 6) 7) 8) 9) 1o) 11) Approval of Leadership and Management Development Training MOTION: Move to authorize the Mayor and City Manager to enter into a contract with LeaderSome, at a cost not to exceed $6,500. Authorization to Approve to Purchase Playttround Equipment at Prestomen Park MOTION: Move to approve the purchase of playground equipment at Prestemon Park in the mount of $24,590 from Miracle Recreation of Minnesota, not including tax. Authorization to Award 2000 Street and Parking Lane Striping Project MOTION: Move to award the 2000 Street and Parking Lane Striping project to AAA Striping Service Co., of Rogers, Minnesota, based upon their low, qualified, responsible bid in the amountof $5,299.76, with~$4;620~45to be appropriated fi'om Fund 212-43190- 4000 and $679.31 to be appropriated from Fund 101-43170-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Authorization of Final Payment for Central Avenue Signal Revisions and Report of Final Acceptance MOTION: Move to accept the work for Central Avenue traffic Signal Revisions (City Project No 9505) and to authorize final payment of $77,626.84 to Egan-McKay Electrical Contractors, Inc. Approval of Joint Task Force Funding Proposal MOTION: Move to authorize an appropriation of up to $22,206 for consultant services associated with the Joint Task Force efforts with funding from Fund 226, Special Project Revenue, and remaining funds to be included in the Proposed 2001 Budget. Approval of SRF Consulting Group SI!pplemental Agreement MOTION: Move to authorize up to $13,308.12 for planning services to be transferred to Protective Inspections fund 201-42400 with funding from the undesignated fund balance of the General Fund. Approval of Conditional Use Permit Case #2000-0717. for 3700 Central Avenue hIE MOTION: Move to Approve the Conditional Use Permit.to allow the Olive Tree Grocery and Deli at 3700 Central Avenue life to provide seating as a restaurant, 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 screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance. 3) Parking lot site plan shall be resubmitted and be in substantial compliance with the Zoning Ordinance before restaurant seating is allowed, including handicap parking stall. 4) Landscaping of 200 square feet needs to be incorporated into the revised site plan. 5) Loading areas shall meet ordinance requirements and be accessible. Approval of a Variance Case #2000-0718. 4328 2'd Street NE MOTION: Move to approve the .4 foot side yard setback variance at 4328 2~d Street NE as the variance would be in keeping with the spirit and intent of the ordinance and the Columbia Heights City Council Agenda July 24, 2000 Page 3 ordinance under S~tion 9.104(3)0) allows for alt~,Taations of non-conforming structures when the alternation will improve the livability thereof, provided a variance is approved. 12) Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at 3849 Central Avenue. 1215-1217 Circle Terrace and 4341 Tyler Place MOTION: Move to establish a Hearing Date of August 14, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against F. C. Celtic, LLC at 3849 Central Avenue. MOTION: Move to establish a Hearing Date of August 14, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Nurhan Kasar at 1215-1217 Circle Terrace. MOTION: Move to establish a Hearing Date of August 14, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Abdul Rashid at 4341 Tyler Place. 13) Close Hearing for Rental License Revocation of 4542 Heights Drive MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Gina Kilgore regarding Rental Property at 4542 Heights Drive in that the Property is in compliance with the Housing Maintenance Code. 14) Close Hearing for Rental License Revocation of 1215-1217 Circle Terrace MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Nurhan Kasar regarding Rental Property at 1215-1217 Circle Terrace until such time that the proper owner of the pwperty can be notified. 15) Close Hearina for Rental Licen~ Revocation of 3849 Central Avenue NE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by F.C. Celtic, L.L.C. regarding rental property at 3849 Central Avenue NE until such time that the proper owner of the property can be notified. 16) Approve LicenseApplications MOTION: Move to approve the items as listed on the business license agenda for July 24, 2000. 17) Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. proclamations J. presentations K. Introduction of New Employees L. R~co~nition Columbia Heights City Council Agenda July 2.4, 2000 Page 4 6. PUBLIC I-m, ARINGS Second Reading of~ce No. 1416. mending Ordinance 853. City Code of 1977. pertaining to the amendment of certain sections of the wine and beer licensing requirements of the City MOTION: Move to waive the reading of Ordinance No. 1416, there being ample copies available for the public. MOTIONi'Move to adopt Ordinance No2' i416, mending Ordinance 853, City Code of 1977, pertaining to the amendment of certain sections of the wine and beer licensing requirements of the City. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and R~solutions B. Bid Considerations C. Other Business ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney s GENERAL COUNCIL COMMUNICATIONS A. Mim,tes of Boards and Commissions 1) Meeting of the June 28, 2000 Park and Recreation Commission 2) Meeting of the July 11, 2000 Planning and Zoning Commission 3) Meeting ofthe June 20, 2000 Economic Development Authority 10. CITIZENS FORUM (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. ADJO~,4ENT Walter R. Fehst, :ty Manager WF/pm July 24, 2000 City Council Meeting ADDITION TO THE CONSENT AGENDA: (Item was discussed at the July 17 worksession) 4-A-18 SOFTWARE AND HARDWARE PURCHASE REQUEST MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with PC Solutions for the purchase of anti-virus software licenses, two servers, computer cabinet, and support services at a total cost not to exceed $31,270. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 10, ~000 NOT BEEN: PROVED' CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmembers Szurek, Jolly, Wyckoff, and Hunter PLEDGE OF ALLEGIANCE The Council and others present recited the Pledge of Allegiance. ADDITIONS/DELETIONS TO MEETING AGENDA (The Couticil, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought ~o the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) CONSENT AGENDA~ ~ (These itlms 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.) As MOTION by Szurek, second by Wyckoff, to approve consent agenda items as follows: 1 ) Minutes for Approval MOTION to approve the minutes of the June 26, 2000, Regular Council Meeting as presented. 2) Authorize attendance of the Information Systems' Director at LaserFiche Training MOTION to authorize the attendance of Aleksandr Chemin, Information Systems Director, at the training for LaserFiche Integrator Toolkit from August 23, through August 26, 2000 and that all related expenses be reimbursed from the Information Systems fund. 3) Authorize attendance of the Assistant to the City Manager at the NATOA Conference MOTION to authorize the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to be held in Los Angeles, California, from September 13-16, 2000 and that all related expenses be reimbursed from funds 225-49844-3105 and 225-49844-3320. Feltst stated this is the national cable conference. 4) Appointment of Deputy Director of Civil Defense MOTION to concur with the Mayor' s appointment of Charles Thompson to the position of Deputy Director of Civil Defense effective July 10, 2000, and that Chief Thompson is to be paid half of the salary authorized by Resolution 93-14 for the year 2000, and be eligible for the full annual salary when he becomes fully certified in emergency management. Feltst indicated upon certification the stipend wouM be the total fee, and one-half the amount until then. s) Conditional Use Permit - Case #2000-0612. 4923 Central Avenue MOTION to approve the Conditional Use Pennit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, subject to the following conditions: City Council Minutes July 10, 2000 Page 2 All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; A revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements prior to occupancy; Hours of operation shall be confined to the period from 10:00 a.m. to 1:00 a.m. Fehst indicated the parking information received today meets the requirements and can be approved. 6) Authorization for Braun Intertec to Conduct Road Rater Testing on Zone 6 City SWeets MOTION to authorize Braun Intertec Corp. to conduct Road Rater testing on Zone 6 streets, excluding C.S.A.H. for a cost not-to-exceed $9,850 with funding from the Infrastructure Fund; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated the four previous road districts did undergo this same rating. 7) Authorization to seek bids for Retaining, Wall Construction MOTION to authorize staff to seek bids for retaining wall constriction at Jefferson Street divide, 5255 7m Street (on 5Yd Avenue), and 4342 Arthur Street. Febst stated that these type improvements on State Aid SWeets are paid for with the State Aid monies. 8) Approve application for one-time Gambling Request by East River Hockey Association Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one- time bingo event to be conducted by the East River Hockey Association at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, on August 12 and 13, 2000; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirtyiday notice to the local governing body. Chief Johnson confirmed all licenses are up to date, and they have a long-standing relationship with us. 9) Establish Headnit Dates Re: License Revocation or Su,~pension of Rental Properties at 3849 Central Avenue. 4542 Heights Drive. and 1215-1217 Circle Terrace MOTION to establish a Hearing Date of July 24, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against F. C. Celtic, LLC at 3849 Central Avenue. MOTION to establish a Hearing Date of July 24, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Gina C,-ilgore at 4542 Heights Drive. City Council Minutes July 10, 2000 Page 3 MOTION to establish a Hearing Date of July 24, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Nurhan Kasar at 1215-1217 Circle Terrace. Approval of Resolution #2000-52 for Final Plans and Specifications and authorize advertisement for bidding for the University Avenue Backlit Street Name Signs. City Project No. 1999-20 Fehst stated this was discussed at length last year, and was authorized. This project was completed on Central Avenue, with many compliments. · , RESOLUIlON NO. 2000-52 RESOLUTION APPROVING PLANS AND SPECIHCATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE UNIVERSITY AVENUE BACKLIT STREET NAME SIGNS, CITY PROJECT NO. 1999-20 WHEREAS, the engineering consulting firm of BRW has prepared final plans and specifications for the improvement of Backlit Street Name Signs on University Avenue, at 37% 40% 44'h and 49th Avenues, City Project No. 1999-20 and; WHEREAS, the City's Municipal State Aid account shall providethe-funding for the proposed improvements; and WHEREAS, the improvements continue the City goal(s) of improving the physical appearance of the City's commercial and industrial corridors; and NOW ~REFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. The City Clerk shall prepare and cause to be inserted in the Official :paper and the Construction Bulletin, an advertisement' for bids upon the making'of such improvement under such approved plans and specifications. The advertisement shall be published in the Focus News on July 13% 2000, and in the Construction Bulletin on July 14% 21" and 28a~. The advertisement shall specify the work to be done; shall state that bids will be received by representatives of the Council until 2:00 p.m. on August 8% 2000, at which time they will be publicly opened by the City Engineer; will then be tabulated; and will be considered by the City Council at their regular meeting of August 14% 2000 at 7:00 p.m. No bids will be considered unless sealed and filed with the Engineer and accompanied by a cash deposit, cashier's check, bid bond payable to the City for 5 percent of the amount of such bid. Passed this l0~ day of July, 2000. Offered by: Szurek Seconded by: Wyckoff Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes July 10, 2000 Page 4 MOTION to waive the reading of Resolution No. 2000-52, there being ample copies available to the public. MOTION to approve and adopt Resolution No. 2000-52 approving the final plans and specification and authorize advertisement for bidding for the University Avenue Backlit Street Name Signs, City Project No. 1999-20. Approve License Applications MOTION to approve the items as listed on the business license agenda for July 1 O, 2000. 12) , PaS(m~t ,gf Bills MOTION to pay the bills as listed out of proper funds. In answer to Council's question, the Public Works Director indicated the retaining wall work is on the Jefferson divide between 46th Avenue and 47th Avenue. The work will include the replacing timber style walls that are falling over, with a modular style bloc& using state aid funds. LIPON VOTE: All ayes. Motion carried. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations 1. National Night Out - August 1.2000 The National Night Out Proclamation was read by the Mayor and accepted by Corporal Austin, who is in charge of the program. This is the 12th year for the event with participation )~om 6: 30 p. m. to 8: 30 p. m. The Fire Department will participate, and the City Council was invited to participate. Citizens interested in hosting a National Night Out Party should contact the Police Department. B. Presentations 1. Gateway Park Entrance MonumeBt The Public Works Director stated the Design Team suggestion to install a Gateway sign at the entrance to the City will be installed on land donated at 37~ Avenue and Central Avenue. A committee researched and designed a sign considering the uniqueness of polished granite, elements of the block at Murzyn Hall, and maintenance consideration. It will be six feet by ten feet and could be repeated at other portals in the city. Almost all work will be completed with volunteer labor. The Mayor stated that using the committee's design saved the City a $12, 000 consultant fee. Fehst has received word that the former Chamber of Commerce would make funds available for a sign at 53nt Avenue. The Public Works Director described the flags, lights, letter coloring. A landscaping map was displayed. The granite will have polished brass lettering attached. Wyckoff stated committee members looked all over the United States for ideas, and thanked Katherine resley for all the pictures she toot: C. Introduction of New Employees 1. Tim Johnson. Planner - Community Development Community Development Director Anderson introduced Mr. Tim Johnson, who. will start work on duly 5 as the new City Planner. dohnson thanked everyone and stated he is looking forward to working with the City Council. City Council Minutes July 10, 2000 Page 5 2. Stephen Bloom. Officer - Police Department Police Chief johnson introduced Mr. Stephen Bloom, and administered the Police Oath of Office. Mr. Bloom thanked everyone and stated he is proud to be with the Columbia Heights Police Department. D. Recognition 6. PUBLIC HEARINGS A. Public Hearing for the Consideration of Franchis~ Applications Assistant to the City Manager Magee, stated that on April 24, the City Council authorized publication of a Notice of Intent to Franchise. Legal staff is reviewing the applications. Staff recommended continuing the public hearing .to September 25~, 2000 at 7:00 p.m. Repressntatives were present y~om Wide Open West and Everest Connections Corporation. Jane Bremmer, Everest Connections Corporation stated their system is an 860 megahertz cable system for voice, long distance, video and high speed Internet access. Their objective is good customer service, not to make customers angry before they are the customers. They suggested competition wouM bring price stability. Szurek asked if each prorider wouM have to run their own wires? They stated yes, on wherever the right-of- way wouM be. Szurek was concerned with increasing the number of utility boxes in residents yards. Judy McGrath, Wide Open West, indicated they plan to establish local offices. The Telecommunications Attorney has stated that the City cannot reasonably deny access to cable companies. The new franchises are looking for compeative neutrality. MOTION by Wyckoff, second by Hunter, to continue the public heating to consider the franchise applications of Wide Open West and Everest Connections Corporation to Monday, September 25, 2000, at 7:00 p.m. All ayes. Motion carried. B. Public Hearing to Adopt Resolution #2000-53 for Revocation of the Rental License for 1407- 1409 Circle Terrace NE Fire Chief Thompson gave the background on the housing maintenance code violations. He stated the biggest issue is to scrape and paint, and that the weeds are becoming an issue again. Councilmembers indicated a relative promised these issues would be taken care of, and several extensions were already allowed. Thompson indicated the building was occupied. The City Attorney indicated residents would be notified. RESOLUTION 2000-53 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 LOENVENTHAL (HEREINAFFER "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 OCTOBER 27, 1999 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 8, 1999. City Council Minutes July 10, 2000 Page 6 NOW, THERIFORE, 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 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 on September 3, 1999, Rich Hinrichs, 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. 9. That on September 28, 1999, the Columbia Heights City Council held a public hearing and a Rental Housing License revocation hearing at the regularly scheduled City Council meeting that evening. The action the City Council took on the revocation of the rental housing license of the aforementioned property was to table any action until the October 25, 1999 regular City Council meeting. This action would give the Owner's son time to get some of the violations corrected. 10. That on October 25, 1999, the Columbia Heights City Council held a public hearing and a Rental Housing License revocation hearing at the regularly scheduled City Council meeting that evening. The action the City Council took on the revocation of the rental housing license of the aforementioned property was to table any action until the November 8, 1999 regular City Council meeting. This action would give the Owner's son time to get some of the violations corrected. 11. That on November 8, 1999, the Columbia Heights City Council held a public hearing and a Rental Housing License revocation hearing at the regularly scheduled City Council meeting that evening. Five violations remained at the property and it was explained to the City Council that the property manager would not be able to complete the repair due to the weather/season. The action the City Council took on the revocation of the rental housing license of the aforementioned property was to table any action until the first City Council meeting in May of 2000. This action would give the Owner's son time to get some of the violations corrected. City Council Minutes July 10, 2000 Page 7 12. That on June 15, 2000, Dana Alexon, Enforcement Officer for the City of Columbia Heights, noted that three violations remained uncorrected. Assistant Chief Alexon noted that work on correcting these three violations had been started but not yet completed. Assistant Chief Alexon advised the owner's son, who was present, that another reinspection would be performed on June 20, 2000 to determine compliance. 13. That on June 20, 2000, Dana Alexon, Enforcement Officer for the City of Columbia Heights noted that the three violation on the exterior remained uncorrected. Assistant Chief Alexon had a phone conversation with the owner' s son and Mr. Loewenthal was advised that the rental license revocation hearing would take place on July 10, 2000 at 7:00pro 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 violations of the Residential Maintenance Code Violations. B. Failure to SubmitS100.00 in rehsimction fees. 15. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 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 F3874B 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 fn'st day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of July, 2000 Offered by: Jolly Second by: Szurek Roll call: All ayes. Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION by Jolly, second by Szurek, to close the public hearing and waive the reading of Resolution No. 2000-53, there being ample copies available to the public. All ayes. Motion carried. MOTION by Jolly, second by Szurek, to adopt resolution no. 2000-53, 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 Circle Terrace. All ayes. Motion carried. City Council Minutes July 10, 2000 Page 8 1. Public Hearing to Adopt Resolution 2000-54 for Revocation of the Rental License for 500 40th Avenue Fire Chief Thompson gave the background of the housing maintenance code violations. He indicated the department is not getting necessary information j~om this owner and inspections are not being scheduled. Members agreed that the owner needs to follow the code. If the owner calls the Fire Department office for an inspection and if the building passes inspection, he could be approved. RESOLUTION 2000-S4 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUPvIBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY A.C. MILAN, LLC (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 40"' AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MAY 31, 2000 OF A PUBLIC HEARING TO BE HELD ON JULY 10, 2000. NOW, THER£FORE, 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 January 4, 2000, Dana Alexon, Enforcement Officer for the City of Columbia Heights, mailed by regular mail a licensing application and a notice to schedule an annual inspection to the owner of the property at 500 40'~ Avenue. 2. That on February 24, 2000, a second notice to schedule an annual inspection was sent by regular mail to the owner' s address of 500 40th Avenue. 3. That onMarch 20, 2000, it was noted that the owner of the property had not yet called and scheduled an inspection for the property. A third notice was sent by regular mail, notifying the owner to call and schedule an annual inspection. 4. That on March 31, 2000, a final notice to schedule an annual inspection was mailed by certified mail to the owner's address. Shortly after the mailing of the notice the owner called the Fire Department's Housing Maintenance Cede office and set up an inspection for April 25, 2000 at 3:30pm. 5. That on April 25, 2000, Steve Kolosky, Inspector for the City of Columbia Heights, was present to inspect the property at 500 40~ Avenue at 3: 30pm and no one was there to let the inspector into the rental unit. 6. 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. FAH.URE TO SCHEDULE AN ANNUAL INSPECTION B. FMLURE TO SUBMIT A NO-SHOW INSPECTION FEE OF $$0.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). City Council Minutes July 10, 2000 Page 9 CONCLUSIONS OF COUNCIL 1. That the building located at $00 409 Avenue 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 F4105 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 10m day of July, 2000 Offered by: Szurek Second by: Hunter Roll call: All ayes. Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Motion by Szurek, second by Hunter, to close the public hearing and waive the reading of Resolution No. 2000-54, there being ample copies available to the public. All ayes. Motion carried. Motion by Szurek, second by Hunter, to adopt Resolution No. 2000-54, Resolution of the City Council of the City of Columbia Heights appwving revocation pursuant to ordinance code section 5a.408.(1) of the rental license held by A. C. Milan, LLC, regarding property at 500 40m Avenue. All ayes. Motion earfled. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. First Reading of Ordinance No. 1416. amen~nl[ Ordinance 853. City Code of 1977, pertaining to the amendment of certain sections of the wine and beer licensing requirements of the City. Police Chief Johnson, along with the City Attorney, and License Clerk have revised Ordinance 853 to combine sections regarding beer and wine sales into Ordinance No. 1416. Staff looked at the 300foot setback requirements for setbacks ~om churches and schools and we are at the minimum setback of the eleven other cities contacted. Staff recommended the ratio of food to wine sales be reduced to 60°/6, as it would be a benefit to our license holders. City Attorney Hoeft stated this Ordinance consolidates several applications and incorporates them into one process. Motion by Hunter, second by Szurek, to waive the reading of Ordinance #1416, there being ample copies available to the public. All ayes. Motion carried. City Council Minutes July 10, 2000 Page 10 Motion by Hunter, second by Szurek, to establish July 24, 2000, at approximately 7:00 p.m., as the second reading of Ordinance #1416, being an ordinance amending Ordinance 853, City Code of 1977, pertaining to the amendment of certain sections of the licensing requirements of the City. All ayes. Motion carried. B. Bid Considerations C. Other Business 8. ADMINISTRATIVE REPORTS A. Report of the City Manager Feltst stated the recent summer storm caused some downed branches, erosion and water in only a few basements. Szurek stated a resident on Jackson Street indicated their neighborhood received water in their basements. Hansen indicated this area is Zone 6 and repairs are due theft in two years. Szurek stated residents are concerned that the Transition Block will increase the water coming into their area. He stated that current plans cannot allow for greater water runoff than currently exists. He felt an appropriate time to look at the draining would be in conjunction with the sweet repairs. B. Report of the City Attorney City Attorney Hoefi had documents for the Mayor and City Manager tasign for the closing on the property at 4101 Central Avenue for the next day. C. Report of the Building Official Building Official Coilova reported the protective inspections, and building permits generated a construction value of $5 million last year, and $3 million this year. The decrease is due to lower lot availability, completed school construction, and the building moratorium. He stated 544 Summit is working on the front of their building. They have removed the semitrailer and have moved equipment into the pole building. The Building Inspections Department is mailing out letters on unresolved permits. Jolly asked about 4008 6t~ Street. He stated the building remains posted. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Meeting of the June 6, 2000 Library Board of Trustees Miscellaneous Mayor Peterson informed residents of the new Habitat for Humanity home under construction. He invited Councilmembers to work on this project. 10. CITIZENS FORUM (At this time, citizens have an oppommity to discuss with the Counc~ 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 specffic agenda items at the time the item is being discussed.) No one came forward to address the City Council. 11. ADJOURNMENT MOTION by Hunter, second by Szurek, to adjourn the meeting at 8:30 p.m. Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: July 24, 2000 AGENDA SECTION: Consent NO: H ITEM: Establishing Work Session meeting dates for August, 2000 NO: /~ - 2L ORIGINATING DEPARTMENT: CITY MANAGER'S BY: W. Fehst DATE: July 18, 2000 CITY MANAGER'S DATE: Work Session dates: It is recommended that August, 2000 City Council Work Session m~tings be scheduled for: 1. Monday, August 7, 2000 at 7:00 p.m. 2. Monday, August 21, 2000 at 7:00 p.m. RECOMM~,NDED MOTION: Move to establish City Council Work Session meeting dates for Monday, August 7, 2000 at 7:00 p.m. and Monday, August 21, at 7:00 p.m. COUNCIL ACTION: h: \2000 - 7 - 18worksee s icmdates COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: luly 24, 2000 AGENDA SECTION: Consent NO: ITEM: Designating Elections Judges No: A -3 ORIGINATING DEPARTMENT: CITY MANAGER'S DATE: CITY MANAGER'S APPROVAL BY: DATE: Attached is a list of elections judges for the year 2000 Primary Election to be held on Tuesday, September 12, and the General Election to be held on Tuesday, November 7. 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. 2000-55, being a Resolution designating elections judges for the 2000 Primary and General Elections. COUNCIL ACTION: h:~l~judgw, ou~i!llt RESOLUTION 2000-55 BEING A RESOLUTION DESIGNATING ELECTIONS JUDGES FOR THE 2000 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shall appoint qualified voters of each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Primary and General Elections to be held on September 12, 2000 and November 7, 2000, respectively, with an hourly remuneration of $9.50 for head judge and $9.00 for an election judge. Passed this __ day of July, 2000. Offered by: Seconded by: Roll call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 2000 ELECTION JUDGES FOR PRIMARY AND GENERAL As of 7/19/00 Preeine$1-Murzyn Hall--530 Mfii St HJ Faye Cleasby Charlotte Zarich Shirley Browning Mona Lundholm Fran Jensen Gladys Luitjens Wanda Heining Darlene Bieljesld Pauline Patko Mildred Peterson Precin~ 2;NEI College ofTcob-825 41'* Ave HJ Clara Shattu~k Mark Emme Joann Kewatt Lud Pafito Frances Fleisher Martin Heining Marge Rosin Preein~g 3 -Parkview Villa-965 40a Aven."e HJ Muriel Nichols Betty Spratt Gladys Zemke Laura Lindahl Delores Jacobsen Otto Lausten John Doan Ruth Hillestad Preclneg 4--l~ig~land E!em School-1500 49a Avenue HJ Maraha Stroik Averille Lestina Mavis Sibell Janis Lawson CliffPelton Audrey Olund Charles Helland Mabel Jackson Lorrie Nalezny recin~ 5-First Lutheran Church-] 5~5 40s Ave Mayme Lyons Joan Kinde Pat Weber Nancy French Irene Ricci Dolores Roman Richard Meixner Sharon Ruetfirnann PreekC$ 6-ptgbaand Ekm. Schoo lSO0: Ave HJ Judy Lee Nancy Foster Vonnie Seim Barbara Elrod Delores Marquette Kay Mayer Barb Karol Eva Pelton Mary Jensen Precine$ 7-Valley View Elem School-800 49'~ Ave HJ Kay Handley Karin Matt. son Rose Cotbert Sylvia Weeks Jeanette LeBlanc Ann Kronstedt Fern Kobs Joan Fuhrman Precinct 8-.Valley View Ekm School-800~19a Ave HJ Pat J'mdra Mary Dowdle Noranda Anderson Ken Kromtedt Ruby Hawkins Dick Corbett Margaret Riley James Davis * Judges who will serve at Crest View Home voting. CITY COUNCIL Meeting of: July 24, 2000 AGENDA SECTION: NO: CONSENT ~ ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGZR'S APPROVAL ITEM: LEADERSHIP & MANAGEMENT DEVELOPMENT BY: WALT FEHST TP, AINING ~ ( DATE: 7-20-00 NO: _L In an effort to provide leadership and management development to management personnel, staff is recommending that the City enter into a contract with LeaderSource, at a cost not to exceed $6,500. LeaderSource has been providing such services to a variety of organizations since 1977 (see attached). RECOB~ElqDEDMOTION: Move to authorize the Mayor and City Manager to enter into a contract with LeaderSource, at a cost not to exceed $6,500. COUNCIL ACTION: LEADEll 114~1 LEAO~I~ATAL,~e~ L/~I'AN INSTTTUT~'t~' LEADERSHIP DEVELOPMENT CONTINUUM Fostering the continuous growth of leaders to enhance the effectiveness of organizations. LeaderSource develops leaders throughout organizations and at all stages of their growth: as they enter an organization, take on new leadership challenges, move from executive competence to leadership effectiveness, work on the synergy of their team, or transition to new career and life opportunities. NEWLEADERsM Selection and Development Planning for Leaders. Goes beyond analyzing credentials and experi- ence to evaluate how well candidates match the prospective manager and the organizational environment. Provides coaching to ensure that the selection is the right move for both the candi- date and the organization. Valuable for pre-employment or succession planning purposes. EXECUTIVE TO LEADER INSTITUTEsM Individual Coaching and Development for Key Leaders. An intensive-one-on-one, in-residence executive coaching program. Using an interdisciplinary team of coaches, it integrates and develops personal qualities that turn leadership potential into leadership realized. LEADERSYN ERGYsM Senior Team Development. Cultivates the power of teams to unfold the synergy of key leader- ship groups. Connects prior individual coaching to team and organizational effectiveness. LEAD E RCATALYSTsM Group Leadership Development. A group learning experience to catalyze personal leadership development. Translates the principles of leadership into the practice of leadership. Establishes a framework for ongoing individual development and coaching. LEADERCON N ECTsM Career Transition for Leaders. An intensive one-on-one program focused on the special transition needs of senior level people. Combines exceptional career-life-leadership planning with sophisticated marketing resources to connect managers and executives with their next opportunity. LIFEPLAN INSTITUTEs~ Executive Retirement and Life Planning. A program of guided exploration, coaching and development for individuals who are ending their formal structured careers to pursue new life opportunities.. Helps individuals build a values-based vision and intentional focus for the future. LEADERCOACHs" Coaching Competency Development. Combines individual and group development processes, including customized group sessions that provide the skills to apply coaching as a leadership practice. Cultivates internal coaching capabilities within organizations. LEADER SOURCE THE LEADERSHIP SOURCE FOR LEADERS TO AWAKEN POTENTIAL AND ENHANCE EFFECTIVENESS THE LEADERSHIP SOURCE FOR ORGANIZATIONS TO ENSURE OPTIMAL BUSINESS PERFORMANCE TO EXPLORE HOW WE CAN ADD VALUE TO YOUR LEADERS AND YOUR ORGANIZATION, YOU MAY CONTACT US AT: (612) 375'9277 (PHONE) (612) 334-5727 (FAX) INFO~LEADERSOURCE.COM (E-MAIL) WWW.LEADERSOURCE.COM (WEB SITE) 2000, LEADERSOURCE LEADERSOURCE CLIENTS 3M ADC Telecommunications Alberto Culver Alliant Food Service Alliant Techsystems AlHanz Allied Domecq Allina Health Systems American Express American Medical Systems Apogee Arbitron AT&T Bandag BAX Global Beckman Instruments Benetton BF Goodrich Borden Boston Scientific British Telecom Burger King Campbell Mithun Esty Cargill Ceridian · Children's Hospitals & Clinics CNS, Inc. Coca-Cola Company Colorado National Bank Comdata Computer Network Technologies Cooperative Power Association Cowles Media Company Cox Communications Cray Research Cub Foods Damark International Delta Environmental Services Deluxe Corporation DIAGEO E W Blanch Company Ecolab Ergodyne Fairview-University Hospitals Fredrikson & Byron General Mills Grand Metropolitan Haagen Dazs Harmon Glass HealthSystem Minnesota Health Partners Hewitt Associates Hoffman Enclosures Holt Rinehart Winston Honeywell Horton Industries Houston Industries Hubbard Broadcasting IBM International Multifoods Investment Advisers Jasc Software Jostens KPMG Peat Marwick Land O' Lakes Leonard, Street and Deinard LEADER SOURCE Lemer New York Lloyds' of London Lutheran Brotherhood Marquette Banks MetLife Medtronic Minnegasco Northrup King Northwest Airlines Norwest Bank NRG Energy Paragon Cable Peafie Vision Pentair Pfizer Pharmaceuticals Pillsbury Company Pioneer Hi-Bred Rollerblade Rosemount RTW Schneider Medical SmithKline Beecham Sprint PCS St. Paul Companies Super Valu TCF Banks United Healthcare US Bank US Department of Defense Valspar Wamer-Lambert Wells Fargo PHONE: (612) 375-9277 FAX: (612) 334-5727 E-MAIL: info4~leadersource.com WEB SITE: www. leadersource.com CITY COUNCIL WORK SESSION LETTER Meeting of: 7/24/00 AGENDA SECTION: CONSENT AGENDA NO: ITEM: APPROVAL TO PURCHASE PLAYGROUND EQUIPMENT AT PRESTEMON PARK /~ -~ ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen~ DATE: 7/18/00 CITY MANAGER Rtcka~ound: The Public Works Parks Capital Improvement Budget has $30,000 established in 2000 for playground equipment replacement. Staff requested authorization to seek bids for phyground equipment at Prestemon Park on August 23, 1999. For additional funding, staff applied for a DNR Outdoor Recreation Grant at the end of 1999 in the amount of $60,000. The City was informed at the end of May, 2000, that the Legislature did not fund the program in 2000, but they will be carried over in 2001. Analysis/ConClusion: The replacemint of the playground equipment at Prestemon Park is a continuation of a program that was started about 8 years ago. The intent of the playground equipment program is to: 2. 3. 4. 5. Comply with current phyground safety recommendations. Update the park fac~ities to make them more appealing. Provide recreation for targeted age levels. Replace outdated unsafe equipment Provide handicapped access and usability. Staff proposes to follow the same plan as applied for in the grant using existing Park Capital Improvement funding. This will require the wo~rk to be completed over 2000 and 2001, but continues the possibility for funding at least huff the renlaining equipment in 2001. Staff has received several phone calls requesting playground equipment to be installed as soon as possible. The Park and Recreation Commission reviewed this request at their July 28t, 1999 meeting and recommended to the Council to proceed with the bidding process for phyground equipment rephcement at Prestemon Park. They also recommended a process for public comment/input on the playground equipment selection. Attached is a copy of a letter sent to residents in the Prestemon Park neighborhood sski~ for comments on final equipment selection for installation. Comments have been incorporated for the types of equipment, structures and colon and the Commission reviewed the final design at their June 28i, 2000 regular meeting. Quotes were received from vendors representing Landscape Structures and Miracle phyground equipment Ree~m~ndd Motion: Move to approve the purchase of phyground equipment at Prestemon Park in the mount of $24,590 from Miracle Recreation of Minnesota, not including tax. Attachments: Resident Letter Drawings COUNCIL ACTION: PUBLIC WORKS · CENTRAL GARAGE CITY OF COLUMBIA HEIGHTS (I-) · ENGINEERING · STREETS 637 38TH AVENUE N. E., COLUMBIA HEIGHTS, MN 55421-3806 (763) 706.3700 FAX 706-3701 · PARKS Pig NOTIt PUBLIC WORKS DIPARTII~NT PHONE ND3eBIIRB NAVE ClIANGHO. NEW NUMBERS leAiN NUMBER (763) 706-3700, TDD (763)706-3692 June 2, 2000 Subject: Prestemon Park Neighborhood Dear resident: On behalf of the Public Works Department, I apologize for the delay in replacing the playground equipment at Prestemon Park following the storm sewer improvements. Staff had applied for grant funding through the DNR Outdoor Recreation Grant Program and recently was notified of the lack of funding in 2000 (see attachment). Nonetheless, plans are underway to replace the playground equipment with existing City funding. Attached please find reduced copies of a preliminary site layout and proposed equipment for the new play area. It is intended to have neighborhood input/comments for final equipment selection for installation. Equipment structures (types) and colors are variables for input. Many web sites are available to review the various type of equipment and structures and/or catalogs are available at the Public Works facility. Please leave a voice mall message or e-mail me at the following: Foice Mail: (763) 706-3720 E-Mail: publieworks~ci. columbia-heights. mn. us City forces will be grading, placing the playground area granular base, curbing perimeter, and access paths shortly. The playground equipment will be placed thereafter. I would like to receive comments over the next two weeks from the date of this letter. Sincerely, Public Works Director/City Engineer K .'jb Attachment: DNR Letter Reduced Site Plan cc: Park and Recreation Commission THE C[TY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER TDD (763) 706-3692 CITY COUNCIL LETTER Meeting of: 7/24/00 AGENDA SECTION: CONSENT AGENDA ~ NO. ITEM: AWARD OF 2000 STREET AND PARKING NO. LANE STRIPING PROJECT A-(~ Background: ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen~ DATE: 7/18/00 CITY MANAGER On February 28, 2000, Council authorized staff to seek proposals for the 2000 Street and Parking Lane Striping project. Plans and specifications were se~t to two companies which have bid on the project in the past. Two proposals were received by the deadline on July 18, 2000 at 10:00 a.m. The bids received were as follows: Company AAA Striping Service Co. Precision Pavement Marking Inc. Amount $5,299.76 $6,021.20 Funds are budgeted for this project in State Aid Maintenance ($9,000.00) and the General Fund - Traffic Signs and Signals ($750.00). The low bid was under the amount budgeted for the 2000 budget. RECOMMENDED MOTION: Move to award the 2000 Street and Parking Lane Striping project to AAA Striping Service Co., of Rogers, Minnesota, based upon their low, qualified, respons~le bid in the amount of $5,299.76, with $4,620.45 to be appropriated from Fund 212- 43190-4000 and $679.31 to be appropriated from Fund I 01-43170-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. COUNCIL ACTION CITY COUNCIL LETTER Meeting of: 7/24/00 AGENDA SECTION: CONSENT AGENDA NO: ~ ITEM: FINAL PAYMENT FOR CENTRAL AVENUE SIGNAL REVISIONS AND REPORT OF FINAL ACCEPTANCE f~ - ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. ~~ DATE: CITY MANAGER BY: DATE: BackBFound: On August 10, 1998, Council awarded the Cenlxal Avenue Traffic Signal Revisions (City Project No. 9505) Phase 2. The project included the installation of new Uaffic signals at locations required by Mn/DOT, red LED indicators, Emergency Vehicle Pre-emption systems, backlit stxeet signs and controller modifications. The project is a cooperative project with MnIX)T. All work has been completed by the contractor, including punch list items in 1999. Analysis/Comelusiom: The work has been completed in accordance with the conU'act and aH punch list items have been resolved. Staff recommends acceptance of the project and final payment be made. The final change order in the amount of $59,619 was considered and approved by the City Council at their April 24, 2000 meeting. Recommended Motion: Move to accept the work for Central Avenue Traffic Signal Revisions (City Project No. 9505) and to authorize final payment of $77,626.84 to Egan-McKay Electrical Contractors, Inc. KH.'jb Attachment: Final Payment Voucher Engineer's Report of Final Acceptance COUNCIL ACTION: APPLICATION FOR PAYMENT FINAL PAYMENT NO. 4 Project TH 65 (CENTRAL AVE) SIGNAL REVISIONS CITY OF COLUMBIA HEIGHTS Owner CITY OF COLUMBIA HEIGHTS Owner's Project No. 9505-PHASE 2 Engineer's File No. 33910-001-4001 Contractor EGAN-MCKAY ELECTRICAL CONTRACTORS, INC. Application Date 5/26/00 For Period Ending 5/26/00 STATEMENT OF WORK Original Contract Amount Net Change By Contract Amendment Contract Amount to Date Total Amount of Work Completed to Date Material Suitably Stored on Site but not Incorporated into Work Gross Amount Due to Date Less 0.00% Retainage Amount Due to Date Less Previous Payments Payment Due this Application $ 441,728.15 $ 59.,619.40 $ 501,347.55 $ 495,768.15-. $ o.oo 495,768.15 o.oo 495,768.15 418,141.31 77,626.84 I hereby certify that all items and mounts shown are correct for the work completed to date. ContractOr o y Electrical Contractors. Inc. The work on this project and the application for payment have been reviewed and the mount shown is recommended for payment. BRW, INC. By (Proj~ Date APPROVED FOR PAYMENT Owner By Ci of Colvmbi~ Heights Date CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER' S REPORT OF FINAL ACCEPTANCE CITY PROJECT NO. 9505 - PHASE 2 SP 0207-69 · CENTRAL AVENUE (TH 65) SIGNAL REVISIONS June 19, 2000 TO THE CITY COUNCIL ' COLUlVIBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Egan-McKay Electrical Contractors, Inc., 7 100 Medicine Lake Road, Minneapolis, MN 55427. The work consisted of the Central Avenue (TH 65) Signal Revisions, City Project No. 9505 - Phase 2 as follows: 9505 - Phase 2 CENTRAL AVENUE (TH 65) SIGNAL REVISIONS Signal System Modifications and Related Work -. The contractor has completed the project in accordance with the contract. ENGINEER' S REPORT OF FINAL ACCEPTANCE - CENTRAL AVENUE CfI-I 65) SIGNAL REVISIONS - EGAN MCKAY ELECTRICAL CONTRACTORS, INC. It is recommended, herewith, that FINAL payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT AMOUNT SUPPLEMENTAL AGREEMENT FINAL COMPENSATING CHANGE ORDER FINAL CONTRACT AMOUNT FINAL VALUE OF WORK TOTAL OF PAYMENTS (1-4) BALANCE DUE $441,728.15 $ 59,619.40 $(-)5,579.40 $495,768.15 $495,768.15 $418,141.31 $ 77,626.84 Sincerely, BRW, Inc. Ion B. Horn, PE Project Manager R/ie-does/jbh/ColumHts/EngrAcepmcRpt.doc Pnge 2 of 2 CITY OF COLUMBIA HEIGHTS Meeting of July 24, 2000 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ Community Development APPROVAL ISSUE STATEMENT: Identify funding source(s) and authorize expenditure of $22,206 for consultant services related to the Joint Task Force efforts. BACKGROUND: Both the City Councils of Columbia Heights and Fridley have endorsed the creation of the Joint Task Force consisting of members of both communities, the effected school districts, Anoka County, and Medtronic (TAC). The Task Force held its first meeting on June 22, 2000 and authorized staff members serving on the Technical Advisory Committee (TAC) to distribute a request for proposal for Land Use and Marketing Consultants. Furthermore, the Task Force agreed to an estimated budget for GIS Consulting Services as well as the Land Use and Marketing Consultant services. The total estimated budget for this work is $91,930. We have attached a memorandum from Barbara Dacy, Community Development Director of Fridley, to Superintendent Mary Ann Nelson and Bill Patterson of the Independent School District #14 of Fridley. On page three of the memorandum is a proposal for a funding scenario for a multi-jurisdictional approach. The proposed budget would include a contribution of $20,000 from Anoka County, $7,500 from the three school districts ($2,500 each district), $42,208 from the City of Fridley, and $22,206 from the City of Columbia Heights. At this time, Spring Lake Park Independent School District #16 has verbally approved to fund their share of the costs. The Fridley HRA approved funding the GIS costs for Fridley. It is important to note that these costs are currently estimates as we have not received proposals from the Land Use and Market Consultant firms. However, the GIS expenses from the Demographics Technologies, Inc. includes a $15,000 in-kind contribution from the company in preparing the necessary socio-eeonomic data for the study. RECOMMENDATION: Staff recommends the City Council authorize the expenditure of up to $22,206 to fund c6nsulting services authorized by the Joint Task Force. This amount will be subject to change, either higher or lower, depending upon the costs bid by the Land Use and Marketing Consultants. The costs may be funded from the undesignated general fund balance, the special revenue fund which has approximately $20,000 cash balance, and/or a portion of the cost can be included in the 2001 Proposed Budget. RECOMMENDED MOTION: Move to authorize an appropriation of up to $22,206 for consultant services costs associated with the Joint Task Force efforts with funding from Fund 226, Special Project Revenue, and remaining funds to be included in the Proposed 2001 Budget. Attachments: COUNCIL ACTION: H:\Ken\Task Force\Task Force Funding Proposal .L.Ken Anderson -School #14 Information 7-7-00.doc Page 1 j 3OMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT DIRECTOR Memorandum DATE: July 7, 2000 TO: FROM: Superintendent Mary Ann Nelson and Bill Patterson, Independent School District #14 Barbara Dacy, Community Development Director SUBJECT: Proposed Request for Contribution toward Joint Task Force Consultant Costs B~CKGROUND The titles of Columbia Heights and Fridley have initiated its Task Force to analyze the impacts and opportunities from the Medtronic World Headquarters. The first meeting was held on June 22, 2000. The purpose of this memo is to outline the nature of the consultant work, which has been authorized by the Task Force pending contributions from involved jurisdictions or other outside agencies. Further, the memo will explain the proposed cost sharing approach and potential benefits to School District #14. REQUEST It is requested the Independent School District #14 contribute $2,500 toward the total consultant costs for the Task Force. The Task Force has endorsed the concept of a consultant team to assist the Task Force in accomplishing its mission. The mission is to identify the direct and indirect impacts/opportunities created by the Medtronic World Headquarters and to identify the "environment' in which the Cities want to create to make certain that the opportunities can happen. CONSULTANT TFAM SCOPE OF WORK The consultant team to be ~onsidered would include three parts: 1 ) meeting facilitation and land use planning (including land use, transportation and housing analysis); 2) market analysis and recommendations; and 3) GIS data input and mapping sen/ices. The cost for the consultant services was originally estimated at about $60,000; however, after further research, the GIS portion will be more expensive than originally anticipated because staff discovered a new GIS resource. The land use and market consultants would team up as a unit to work together. The purpose of the land use and market consultant is to: · Facilitate the identification of opportunities and impacts · Analyze the opportunities and impacts · Analyze the limitations · Analyze the information provided from the GIS Data I,Ken Anderson - School #14 Information 7-7-00.doc Page 2 ~ · Complete the requested market analysis information · Facilitate goal seffing and pdority setting · Facilitate identffication of cooperative ventures · Facilitate identification of standards to prevent incompatible land uses The GIS data consists of two parts. The first part is the "physical" aspects of the study area. For example, joint zoning and land use maps would be created, or maps showing infrastructure improvements or property valuation data. This part is faidy inexpensive because both cities use the same GIS consultant (PlanSite Inc.) and a lot of the data is already in the system. The second part is the "social data". This would require !~finging in a company called "Demographic Technologies Inc." (or forreedy known as "Insight Mapping Inc,"). This is the same demographic GIS consultant for the 135W Coalition. The benefit of the GIS data is that it will Drovide current and future demographic information more timely than census information. and provide the sodo-economic fuel. if you will. for the market add land use analysis, This consultant specializes in developing GIS analyses of "human" data as opposed to physical data by parcel/household. The source of the information are many different data sets from the school districts, assessors office, post 'office, state license and vehicle records, and the City utility billing records. The data is compiled, culled, and assigned to a household and then grouped into an "insight block" or a group of 2 to 5 parcels. By configuring the data in this manner, data privacy issues for the households are protected. The "insight blocks" however provide a lot of information in more detail than the Census Block data. The types of information that can be profiled include # of people/household, length of residency, # and age of children, ethnicity, marital status etc. The data can easily be updated and is more up to date than the Cansus because it is based on the most current data available. At this point, the consultant would only be working with residential parcels, but he is trying to obtain information from the Department of Economic Security regarding employee data (residence and location) to do similar profiles for cornmartial and industrial parcels. Why is the sodal data GIS information important to this process? The purpose of this information is to: · Provide an accurate description of existing population and housing characteristics in the study area (both communities have changed dramatically sinca the 1990 Census). · Provide a basis for comparing existing dernographica with desired future land use or infrastructure goals identified by the Task Force (compare who we are with where we want to go), · Provide the ability to determine what has to happen demographically to make the land use and marketing goals work (what do we have to do to accomplish the goals the Task Forca has identified?). · Provh;f,e the information as to the sodal impacts of the desired land use or market goals (what may happen as a result of the goals). · Match the effort that the 'competition" hasl The 1 35W coalition of , communities, and school districts, are now taking advantage of the power of the GIS information and are jointly planning for the future. Opportunities that the cities want to see happen here may happen elsewhere instead. In addition, this data can be mapped in a number of different ways according to different boundaries, city limits, school districts, etc. Forecasting information can be prepared in five-year increments from 5 to 20 years. CONSULTANT COSTS AND PROPOSED FUNDING SCENARIO Ken Anderson - School #14 Information 7-7-00.doc Page 3 TI3e costs for the consultants brea]c down as follows: 1. GIS Phase I socio-economic data (input, one annual update, plus some amount of forecasting work) Columbia Heights Fddley Land Use and Market Consultant GIS mapping of 'physical" characteristics $18,055 $25,875 $45,000 $ 3,000 Total: $91,930 The potential funding scenario discussed by the s. taff and Task Force is as follows: Anoka County $20,000 School Districts $ 7,500 ($2,500 each District) Fridley $42,208 ($16,333 per acreage cost + 25,875) Columbia Heights $ 22,206 ($4,151 per acreage cost+ $18,055) $91,914 The philosophy to date has been to identify as many outside sources as possible to reduce the total cost of the project, and then to divide the remainder of the costs (except for the Phase I GIS costs) between the two titles based on acreage in the study area, plus the costs to each city for the GIS phase I socio-economic data cited above. Because of the regional implications of the Task Force project, it is very appropriate to re, quast the County to participate flnandally. About a month ago, the same GIS consultant made a presentation to Anoka County about the use of this data for the 135W Coalition work. Staff has also asked Medtronic to determine if a contribution could be made. The Task Force representatives from the School Districts agreed to take their proposed contribution amount to their respective boards to determine if they could contribute. Fridley staff will be notifying Anoka County about their contribution in July. The Fridley. HRA will be discussing its contribution on July 13, 2000. Columbia Heights will be discussing their contribution on July 17, 2000. Contributions from Medtronic or other agencies such as Met Council would reduco the each jurtsdiction's expense even further. The timing of when to get started however is key. Met Council money is not available until after the first of the year, for example. WHY SHOULD THE SCHOOL DISTRICT CONTRIBUTE? The Task Force and the City Councils fully realize the financial issues facing the school districts. The request for funding is being discussed by I.S.D. #13 and #16 as well. While it is acknowledged that the School Board may decide not to contribute, it is hoped that a contribution will be made for the following reasons: The contribution amount of $2,500 is about 3% of the total consultant budget for the project. The joint effort is a ground-breaking innovative step toward creating the best environment possible to keep the cities and ultimately the school districts healthy and vibrant. ,Ken Anderson - School #14 Information 7-7-00.doc Page 4 o The GIS data component can produce some valuable information for the District. A key part of the success of the GIS data is the school population and enrollment information from each school district, which it is hoped that School District #14 could provide. Once entered into the GIS consultant's system, maps can be created showing the location and the characteristics of the existing school population. In short, you will receive maps of what the existing conditions are in the study area, and the district. There will be data tables as well that will be produced which could prove invaluable for future grant applications. With the existing demographics in hand, the Task-Force will then compare what exists today with the goals and opportunities it wants to accomplish. If there are land use related goals (i.e. new businesses, industries, or housing), the GIS information can be manipulated to "forecast" what it will take demographically, to accomplish those goals and conversely, it can determine the impacts of removing or adding land uses. The Task Force's work will have a considerable amount of shelf life. For example, the GIS portion of the project includes the cost for a data "update" in 2002 meaning it will show where in the district, for example, tumover or population changes are occurring (by number or age, for example). Further, the Task Force will be producing a recommended set of priorities and projects, which, if accepted by the City Councils, bolsters understanding between the Cities and School Districts of the nature of community issues and problems. The Rosevilla School District has used the GIS information to forecast a "target" which they believe is to be the goal for the optimum population in the school district. Obviously, land use dealsions made by the City have a great impact on that target. Please note though that this example is not the mission of the Task Force, but it is an outcome that the School District could pursue independently with the consultant. Enrollment planning is a very important strength of the GIS data. SUMMARY I hope this information is helpful for the School Board. If there is anything else that is needed, please do not hesitate to contact Ken Anderson or myself. .Ken Anderson - Assessing the value of local resident demographic data.doc Page I DEMOGRAPHIC TECHNOLOGIES, INC. 17258 JASPER CT., LAKEVILLE, MN 55044, (612) 898-1563 ENHANCED RESIDENTIAL AND COMMERCIAL DEMOGRAPHIC DATA JOINT TASK FORCE OF COLUMBIA HEIGHTS AND FRIDLEY (June 22, 2000 Meeting) Ta~k Force Mlulon 1. - Anticipating the strategic impacts assoclat~'d with the Medtronic' development a. Industrial.development b. Corninertial development, including hotels, restaurants and entertainment businesses c. Jobs d. Infrastructure pressures e Matching the local infrastructure to these future changes and challenges a. Sizing up the base of local area workers against anticipated new jobs. b. Keeping the communities strategically balanced (including stable public school enrollment) c. Ensuring sufficient and appropriate housing stock, including move-up options. d. Providing transit options that support current and emerging transportation needs. e. Promoting the growth of complementary businesses and industries. 3. Recommending land use, development and marketing strategies to position the communities to banefit from these changes. (Key concepts: Consultants am expected to predict future changes and identify strategic responses to these changes. Their tools include detailed land use, housing and transportation informa~on, generalized census demographic profiles, and models of how changes have played out in other similar communities. ) Why Invest In Enhat~ed Local Denloar, mhics? 1. Demographics are at the core of this joint community initiative. a. Medtronic represents a significant infusion of jobs - 'daytime population." b. Understanding the impacts of these new jobs on the local economy requires an understanding of how these new jobs match up to the current base of resident 1 ) How much current crossover is there between Medtronic' employees and community residents? 2) To what extent can the area's labor forca base be expected to provide the workers needed by Medtronic in the future? 3) What pressures will the new Medtronic workforce put on the local housing stock, demand for commercial services, and use of transit and transportation corridors? a) What kinds of households and what types of housing will feel the most pressure and how will this shape demographic changes in the community? b) How will these pressures be felt in various neighborhoods and school enrollment areas? 4) How will the based of existing businesses change as a result of the new development changes? c. As recommendations are made and planning proceeds, it will be important for the Ken Anderson - Assessing the value of local resident demographic data.doc Page 2 demographic and business impacts to be monitored to ensure that the communities' strategic needs are being met. The demographic tools available to your consultants are not adequate to the task. a. Census derived data sets am outdated, inflexible and does not provide enough geographic detail to support the Joint Task Force's needs. b. No current data exists to suppod the following tasks: 1) Linking household specific demographics to a Medtronic' employee list to determine the overlap between the company's employee base and the resident population base in the Joint Task Force communities. 2) AssoclaUng demographic profiles with housing charactedsUcs, property ownership, and resident turnover data. This is critical to any lifecycle housing analysis and an assessment of housing affordability, 3) Mapping and projecting, transit and transportation demand volumes by household type at a neighborhood level. This is a criUcal task in determining transit and transportation needs. 4) Tracking demographic changes, in annual intervals, across the exisUng base of households and for each new development area, Current business pm~las must be obtained from state sources and am limited to cases where the request is made by a public entity and processed and summarized by a third-party vendor. The DTI Solution Deliverables: a. Current (Year 2000) resident demographic data eat built at the iBIockTM level (3 to 5 household rollups and multifamily daveloprnent profiles) b. Current (Year 2000) business summary profiles (location, SIC codes, covered employment, wages paid) with sponsorship by the Task Force and approval by the Minnesota Department of Economic Security. c. Update providing complete profiles and trend data for 2001. d. Demographic consulting support: 1) Five- and ten-year resident forecast (census block group level) 2) Project level support (examples): a) Profile (maps and tables) profiling Medtronic' employees currently living in the project area. b) Analysis of the impacts of housing affordability and turnover on the area's workforce and school enrollment. c) Analysis of the demographic impacts of new housing developments. Revised cost and timetable: a. Costs including data, consulting support and 2001 update. (Note that $15,000 in consulting services will be provided as in-kind contribution by DTI.) 1 ) Columbia Heights and Fridley - $43,900 2) ' Hgltop and Spring Lake Park - $6,850 (addition to Columbia Heights/Fridley portion) 3) Combined consulting earvices up to 175 hours. Additional support billed at $60 per hour. b. Proposed Timetable: 1 ) Year 2000 data within six months of project startup 2) Year 2001 update by June 30, 2001 3) Consulting support through June 30, 2001. John Carpenter, DTI (June 22. 2000) Ken Anderson - Buildout socioeconomic Data Fields - Revised April 25 2000.doc Page 1 Build-Out Socioeconomic Data Fields (April 25, 2000) IBIockTM Socioeconomic Data Fields Demographic Technologies, Inc. (Revised May 1, 2000) W'~h the exception of the employment and income fields, the following data sets are currently being delivered as part of the 1-35W Corddor Coallon's data development effort. This list assumes access to employment and income data through the Minnesota Department of Economic Security's Wage Detail data set as part of this proposed metro area project. The housing and sales data fields assume that comparable data exists for all metro area counties. 1. Geoorag~hlc Identifier (9) - These are identffiers, found on each summary profile, permitting links to other data sources and simple aggregations to standard planning geographies. · IBIockTM ID , School Attendance Areas ID · County ID * 1990 Census Tract ID · Municipality ID · 1990 Census Block Group ID · Planning District ID · 1990 Census Block ID · School District ID · TAZ ID 2. Population Characteristics - The following fields describe bhe characteristics of individuals residing in each Insight Block summary area. · Total Population (1) - Current year count of all persons living in residential dwellings Aces of Population (20) - Current year count of parsons by standard age ranges o Under age 3 o 50 to 54 years old o 3 to 4 years old o 55 to 59 years old o 5 to 9 years old o 60 to 61 years old o 10 to 14 years old o 62 to 64 years old o 15 to 19 years old o 65 to 69 years old ' o 20 to 24 years old o 70 to 74 years old o 25 to 29 years old o 75 to 79 years old o 30 to 34 years old o 80 to 64 years old o 35 to 39 years old o 85 years or older o 40 to 44 years old 45 to 49 years old _e Additional A~Te GrouDir~s (23) - Special age agg rag aUo ns o 5 years or younger o o 12 years or younger o o 18 years or younger o o' 13 to 18 years old o o 25 to 34 years old o o 35 to 44 years old o o 45 to 54 years old o o 55 to 64 years old o o 65 to 74 years old o o 25 to 44 years old o o 25 to 54 years old o 25 to 64 years old 35 to 64 years old 35 to 54 years old 35 to 64 years old 45 to 64 years old 18 year or older 25 years or older 35 years or older 45 years or older 55 years or older 65 years or older j Ken Anderson - Buildout socioeconomic Data Fields - Revised April 25 2000.doc Page Build-Out Socioeconomic Data Fields (April 25, 2000) 75 years or older o · Average Aoe of Population (1) - Current year average population age Ken Anderson - Buildout socioeconomic Data Fields - Revised April 25 2000.doc Build-Out Socioeconomic Data Fields (April 25, 2000) Page 3 Pooulation Plannina Seoments (10) - Current year count of persons by planning segmenL o Young child (age 0-3) o o Middle child (age 4-7) o o Older child (age 8-11 ) o o Adolescent (age 12-15) o o Young Adult (age 16-27) o Middle Adult (age 28-44) Older Adult (age 45-64) Active Senior (age 65-69) Middle Senior (age 70-79) Elderly Senior (age 80 or older) Rec, matton. Access and Mobility Piennino Seament~ (4) - Current year count of persons by spedal recreation, access and mobility planning segments o Child (Under age 8) o Adult (age 16 to 79) o Youth (age 8 to 15) ' o Elderly (age 80 or older) 3. Household Characteristics - the following fields describe the characteristics of households living in residential dwellings. · Total Households (1) - Current year count of all resident households · Head-of-household Aces (7) - Current year count of householder ages by age range o Under age 25 o 55 to 64 years old o 25 to 34 years old o 65 to 74 years old o 35 to 44 years old o 75 years or older o 45 to 54 years old 1. Additional Head-of-household Aoes (10) - Special aggregations o 34 years or younger o 25 years or older o 44 years or younger o 35 years or older o 54 years or younger o 45 years or older o 54 years or younger o 55 years or older o 74 years or younger o 65 years or older · A veraae Aae of Householder (1) - Current year average householder age Size of Household (4) - Current year count by number of persons in each household o One person o Three persons o Two persons o Four or more persons · TyPe of Household (9) - Current year count by composition of household o' One Adult Only o o Two Adults Only o o Three + Adults Only o o One Parent (w/Child) o o Two Parents (w/Child) types Extended Family (w/Child) One Senior Only Two Seniors Only Adult/Senior (no Child) Additional Household Tvoe RolluPs (3) - Aggregations of previous household Ken Anderson - Buildout socioeconomic Data Fields - Revised April 25 2000.doc Page 4 Build-Out Socioeconomic Data Fields (April 25, 2000) o Adult Only Households o Households w/Children O Senior-based Households Economic Characteristics - The foliowing fields describe the employment and income charactedsljcs of persons and households living in residential dwellings. · Employment Count (3)- Number of adults employed during the most recent quarter based on data from the DES Wage Detail data file (Not Currently Available). · *' o Total persons employed o Employed Less than 30 hours per o Employed 30 hours per week week or rnore · Household Waae Income (19) - Current year count of households by wages paid to all residents in that household as reported in the DES Wage Detail data file (Not Currentiv Available}. o Less than $15,000' o $60,000 to $64,999 o $15,000 to $19,999 o $65,000 to $69,999 o $20,000 to $24,999 o $70,000 to $74,999 o $25,000 to $29,999 o $75,000 to $79,999 o $30,000 to $34,999 o $80,000 to $64,999 o $35,000 to $39,999 o $85,000 to $89,999 o $40,000 to $44,999 o $90,000 to $94,999 o $45,000 to $49,999 o $95,999 to $99,999 o $50,000 to $64,999 o $100,000 or More o $55,000 to $59,999 5. Housino Charlcterls#cs - The foliowing fields describe the housing of residents. Tvoe of Dwelllna (10) - Current year count by type of dwelling o Condominium o Duplex o Apartment - garden o Triplex o Apartment - walkup o Double o Apartment - elevator o Townhome o Mobile home o Commerdal apartment o Single family - detached · · Type of Occupancy (2) - Current year count by owner and renter occupancy o Owner-occupied o Renter-occupied Assessed Value of Homes (12) - Current year count by total property tax valuation (Owner-occupied dwellings) o Lees than $50,000 o $175,000 to $199,999 o $50,000 to $74,999 o $200,000 to $249,999 o $75,000 to $99,999 o $250,000 to $299,999 o $100,000 to $124,999 o $300,000 to $399,999 o $125,000 to $149,999 o $400,000 to $499,999 o $150,000 to $174,999 o $500,000 or more Ken Anderson - Buildout socioeconomic Data Fields - Revised April 25 2000.doc Page 5 Build-Out Socioeconomic Data Fields (April 25, 2000) Addi#onel Home Value Ranoea (18) - Current year count by total property tax valuation (owner-occupied dwellings) o Lass than $75,000 o $150,000 to $199,999 o Lass than $100,000 o $200,000 to $249,999 o Less than $125,000 o $50,000 or more o Less than $150,000 o $75,000 or more o Less than $175,000 o $100,000 or more o Less than $200,000 "o $125,000 or more o Less than $250,000 o $150,000 or mom o $50,000 to $99,999 o $200,000 or more o $100,000 to $149,999 .. o $250,000 or morn built. Aoe of Owner-Occupied Housina (9) - Count by year owner-occupied home was o Built 1997 to 1999 o Built 1960 to 1969 o Built 1995 to 1996 o Built 1950 to 1959 o Built 1990 to 1994 o Built before 1950 o Built 1980 to 1989 o Unknown build date o Built 1970 to 1979 · Home Sales - 5 Years (2) - Number and value of owner-occupied homes sales in past 5 years (includes most recent sale only) · o Number of Sales o Aggregate Sales (Dollars) 6 Occupancy Characteristics - The following fields describe the turnover and tenure of households living in residential dwellings. · Turnover Rate (2) - Average annual turnover in households based on 5-year history for owner-occupied dwellings and 2 years for rsnter-occupied dwellings. o Turnover - Owner-occupied o Turnover- Renter-occupied Lenoth of Time atAddress (9) - Count by years at address from home sales and utility billing data (owner-occupied residents only) o Less than Two Years o Six Years o Two Years o Seven Years o Three Years o Eight Years o Four Years o Nine Years or Longer o Five Years o Unknown Tenure Soecial Data Compilations Ken Anderson - Buildout socioeconomic Data Fields - Revised April 25 2000.doc Page 6 Build-Out Socioeconomic Data Fields (April 25, 2000) The basic iBIockTM data set will be compiled into special summary data sets to facilitate planning and analysis uses. Each set will carry the 189 data fields ouffined above and can be aggregated to fit any defined geographic area, Each set will address a different segment or characteristic of the population base to facilitate various analysis needs. The following is a list of potential summary level reports: 1. All residents and households 2. Residents in owner-occupied dwellings 3. Residents in renter-occupled dwellings 4. Residents in non-senior households without children present 5. Residents in non-senior households with children present 6. Residents in senior-based households 7. Residents in single-person, non-senior households 8. Residents in single-person, senior households 9. Residents living in single family, duplex or triplex housing 10. Residents living in aparlments 11, Residents living in townhouses 12. Residents living in condominhjrns 13. Residents living in mobile homes 14. Residents in owner"occupied homes valued at less than $75,000 15. Residents in owner-occupied homes valued at $75,000 to $99,999. 16. Residents in owner-occupied homes valued at $100,000 to $124,999 17. Residents in owner-occupied homes valued at $125,000 to $149,999 18. Residents in owner-occuplad homes valued at $150,000 or rnom 19, Residents who have lived in their owner-occupied homes less than 5 years 20. Residents who have lived in their owner-occupied homes five years or longer 21. Residents who have lived in their mnter-occupled homes less than 2 years 22. Residents who have lived in their mnter-occuplad homes 2 years or longer CITY OF COLUMBIA HEIGHTS Meeting of July 24, 2000 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER I~U~ ST~~: ~cquest to approve s Supplemcn~l A~reemcnt be~ecn tc Ci~ o~bia H~S~ Comul~ ~o~, ~c. for work ~o~cd ~der contact for pr~a~on of ~e Comprehcmivc PI~ ~d Zon~ Or~cc re~te nd prepration of ~ M~er ~edcvelopment Ply. BACKGROUND: The City of Columbia Heights has entered into two agreements with SRF Consulting Group, Inc. for planning and engineering consulting services. The first agreement was executed in 1998 in order to assist in the preparation of an update to the 1992 Comprehensive Plan as well as rewriting the Cohmbia Heights Zoning Ordinance which was initially adopted on August 12, 1974. The second agroement encompassed planning services to assist with a Downtown Master Plan for a defined study area encompassing Downtown Columbia Heights and extending west along both sides of 40*h Avenue to the vicinity of the Columbia Heights City Hall. ANALYSIS: Staff has had ongoing discussions with the principal in charge, Charleen Zimmer, dating back to January, 2000. The consultants have exceeded their budgetary authority by $19,066.41 for the first agreement and $9,221.68 for the Downtown Master Plan efforts. The attached table lists the original authorized contract mounts and the additional costs incurred as of April, 2000. We have attached copies of letters received from SRF outlining their arguments justifying the additional expenditures, as well as the downtown study RFP outlining the expected outcomes. SRF is requesting that the City of Columbia Heights enter into a supplemental agreement to authorize the appropriation of funds and payment to SRF for the additional costs incurred. For the Comprehensive Plan/Zoning Ordimmce rewrite staff believes that $6,600.00 are authorized activities that should be funded by approval of the supplemental agreement. For the Downtown Master Plan staff believes that $3,708.12 should be authorized for payment of additional costs incurred. The Project Advisory Committee did request the consultants schedule one additional meeting to assist in the review and preparation of redevelopment alternatives. Staff also requested that additional work be performed associated with the NEI Transition Block project to determine the most appropriate configuration and options for on-street parlcing in order to meet NEI's requirement for maintaining 500 parking spaces on-site or immediately adjacent to their property. The $2,711.40 costs for this work can be reimbursed by the developer. In addition to payment of costs already incurred, an agreement must be reached as to additional costs that may be authorized to complete preparation of the draft Zoning Ordinance rewrite which was recently received by staff. RECOMMENDATION: Staff recommends entering into a supplemental agreement for payment of $10,308.12 to SPA: Consulting Group, Inc. for additional costs incurred in preparation of the Comprehensive Plan/Zoning Ordinance rewrite and Downtown Master Redevelopmerit Plan. Additional work will be authorized up to a maximum of $3,000.00 and billed on an hourly basis at hourly rates currently in effect. RECOMMENDED I~K)TION: Move to authorize a supplemental agreement between the City of Columbia Heights and SRF Consulting Group, Inc. for planning studies; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. BID RECOMMENDIgD MOTION: Move to authorize up to $13,308.12 for pining services to be transferred to Protective Inspections fund 201-42400 with funding from the undesignated fund balance of the General Fund. Attachments COUNCIL ACTION: H: \consent2000\Approval SRF Consulting Group, Inc. SRF CONSLILTING GROUP, INC. TABLE 1 I. Comprehensive Plan/Zoning Ordinance Re-write Approved Contract Amount: Expenditures to Date: Amount over Budget: $51,769.00 $70,835.41 $19,066.41 II Downtown Master Redevelopment Plan Approved Contract Amount: Expenditures to Date: Amount over Budget: $43,942.00 $53,163.68 $ 9,221.68 Total Amount Over Budget - both contracts: $28,288.09 ~UL-19-00 WED 8:42 SR? FkX ~0. 4752429 P. 02 CONSULTING GROUP, INC. Transportation · Civil · Structural · Environmental · Planning · Traffic · Landscape Architecture · Parking July 19, 2000 Mr. K~tm~th Anderson Comtmmity Development Director CtTY OF COLUMBrA HEIGHTS 590 - 40th Avenue NE Columbia Heights, Minne~ta 55421-3878 RE: SUPPLEMENTAL SCOPE OF SERVICES COMPREHENSIVE P~AN ~ ZONIN6 ORDINANCE UPDATE Dear Ken: Based on our telephone convu'sation loday, we are pleased to submit this p~x~al for suppk'mmmenlml services relative to time abovu refereur.~d pro~cj:ts. The mupplememal scope of our service, as we uudmtand it, iucludes th~ followin~ lasks: Compreh~msiw Plan- $6,600: - Additioual reviews, me~iiugs and admiuistrativc costs related to ~xtended sdx~tule for completing comprehensive plan Zoning Ordinance Update- $3,000: - Attendance at one meeting with Planning Commission - Attendance at one public meeting - Revisionstodrdtordinance Downtown Master Plan - $3,708.12: - Analysis of parking alternatives - Attendance at additional Task Force meeting BA$18 OF PAYMiNT W e propose to be reimbursed for our sentices on an hourly basis at a rate of 2.5 times salary cost and non-salary expenses such as printing, reproduction, supplies, travel, etc. will be billed at cost and mileage will be billed at a rate not to exceed the IR8 allowanc~ for business miles (currently One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 · Fax (763) 475-2429 · http://www. srfconsulting. com An Equal Opportunitit Entplob'er jUL-19-OO WED 8:43 SRF FAX ~0. 4752428 P. 03 Mr. Kenn~h Ande~on - 2 - July 19, 2000 $.325 per mile). Hourly rates will be the same as those negotiated for the respective contracts that arc being supplemented. Invoices would be submittcd on a monthly basis for work performed during the previous month with payment due within 30 days. The total cost for these additional services is estimated at $13,308.12 and wc will not exceed this figure without your approval. NOTICE TO PROCEED A signed copy of this supplemental agreement retumed to this office or your verbal authorization will serve as notice to proceed. We will begin the work immcdiately thereupon and will complete the additional work within a mutually agreed upon time schedule. We sincerely appreciate your consideration of our request for additional compotwation and look forward Io completing these projects as expeditiously as possible. Please fe~l free to conh~t us if additiona~ information regarding the subject is requLred. Sincerely, SRF CONSULTr~ GROUP, INC. CA7Jsmf APPROVED: Nan~e Title Date SRF CONSLILTING GROUP, INC. TABLE 1 Comprehensive Plan/Zoning Ordinance Re-write Approved Contract Amount: Expenditures to Date: Amount over Budget: $51,769.00 $70,835.41 $19,066.41 II Downtown Master Redevelopment Plan Approved Contract Amount: $43,942.00 Expenditures to Date: $53,163.68 Amount over Budget: $ 9,221.68 Total Amount Over Budget - both contracts: $28,288.09 MASTER REDEVELOPM'~NT PLAN FOR DOWNTOWN COLUMBIA HEIGHTS REQUEST FOR PROPOSALS January 22, 1999 City of Columbia Heights, Minnesota CITY OF COLUMBIA HEIGHTS Request for Proposals to pr~ide plsnning and engineering services for the preparation of a Master Redevelopment Plan for downtown Columbia Heights P,,llm~: TI~ City of Columbia Heights is requesting proposals from selected .firms to provide planning and engineering services to prepare a Master Redevelopment Plan for downtown Columbia Heights. Please refer to the attached map to see the general project area. It will consist of the property between 37* Avenue NE and 4Y" AVenue NE along both the east and west sides of Central Avenue and will extend west along 40"' Avenue to City Hall which is located on the comer of Mill Street and 40~' Avenue. During the first weekend in May, 1998, the Minnesota Design Team visited Columbia Heights. After soliciting public comment during a town meeting, the Design Team developed several conceptual recommendations for redeveloping this portion of the City. Note that many of the comments raised during the town meeting centered around the need to beautify Central Avenue and enhance the downtown atmosphere. One of the implementation steps recommended by the Design Team suggested that a Master Plan for the downtown area be developed. Attached, please find copies of their recommendations. In response to the Minnesota Design Team recommendations, the City applied for and received grant money from the Metropolitan Councirs Livable Communities Demonstration Account. This will provide a source of funding to help stimulate a proposed residential townhoe development project near downtown Columbia Heights. The concept for this project was proposed by the Design Team. This development will consist of roughly 16 owner-occupied townhouse units, 22 low income tax credit rental units, and 50 senior units. This project will increase residential density near downtown and will serve as a transition block between low density single family resichmtial land use and the existing commercial development along Central Avenue. A second component of the application which received funding was a request for money to be used for the preparation of a Master Plan for downtown Columbia Heights. Columbia Heights Master Plan RFP Page 1 time schedule, please take into consideration public meetings, as well as meetings with the Planning and Zoning Commission and City Council. At this point, we do not anticipate that the plan will he formally adopted by the City Council, but it will be presented for their approval. lnstructiottq tO the A~91icant: ff your fn'm is interested in providing these planning and engineering services to the City of Columbia Heights, the Cityrequests that the information listed below be submitted. 1. The name and location of your firm and location of bead offices, if different. 2. Number of years in operation at the Twin Cities l~cation and the head offices, if different. A brief (less than two pages) description 0,f the firm and the type of work it does. The City is especially interested in prior master planning experience. Identify the person who would serve as the primary contact in providing the City with these phntting and engineering services. Other individuals that will hlely he involved should also be identified. A short (less than two pages) resume of each individual involved should he attached. The resume should clearly identify qualifications to perform the intended duties and should list, at a minimum, the following information: a. Education; b. Similar work experience; c. Areas of expertise; and, d. Verify that your firm and it' s members have no conflict of interest which would impair your ability to provide the City fair and unbiased planning and engineering services. If unable to provide such verifications, please list any and all circumstances which may represent such conflict of interest. A description of your firm's approach to this project, including: a. Scope of work - include any processes or components omitted from this RFP which the consultant believes should be included or supplementary information which is necessary; b. A public participation plan; c. A time schedule; d. A fee schedule; and, e. A description o.f assistance expected from City staff. A list of references that can be contacted for similar work experience. Please include the name of a contict person, phone number, and address. All things considered, summarize why you believe the City of Columbia Heights should retain your firm to perform this project. Columbia Heights MEter Plan RFP Page 3 Other Factors. including: ,Demonstrated howledge of the City of Columbia Heights and its development characteristics; and, *Avn{1~,bility and location of assigned personnel Procedure: *Responses will be reviewed and evaluated by City staff and a recommendation will be forwarded to the City Council for final action. Interviews with staff may be scheduled. LimitaStons~ Terms and Conditions: This Request for Proposals does not commit the ~ity of Columbia Heights to award a contract, pay costs incurred in the preparation of a proposal or to procure a contract for services or supplies. The City of Columbia Heights reserves the fight to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirety this Request for Proposals ff it is in the best interest of the City of Columbia Heights to do so. if, for any reason, the firm selected is not able to commence services under its proposal within 30 days after its award, the City reserves the right to award the contract to the next most qualified firm. The City will retain ownership of all reports prepared under the proposal Submission Deadline: Proposals must he received by 4:00 PM on February 16, 1999. Nine copies of the proposal should be sent or delivered to: Kenneth R. Anderson, Community Development Director, City of Columbia Heights, 590 40a Avenue NE, Columbia Heights, MN 55421. Questions regarding this RFP can be directed to Joe Hollman, City Planner, at (612) 782-2856. Columbia Heights Master Plan RFP Page 5 ~-,~(R--~'~"C ONSULTING G ROUPt INC. One Carlson Parkway, Suite 150, Minneapolis, MN 55447-nA~3· (763) 475-0010 SRF No. 0993428.1 June 13, 2000 Mr. Ken Anderson Community Development Planner CITY OF COLLrMBIA HEIGHTS 590 40th Avenue Northeast Colmbia Heights, MN 55421-3878 Dear Ken: J'JUN 14 2000 SUBJECT: COLUMBIA HEIGHTS DOWNTOWN MASTER PLAN PROJECT ADDITIONAL FEE REQUEST This is to advise you that we have exceeded our fee on the Columbia Heights Downtown Master Plan Project. We are requesting reimbursement for the portion of our time spent over the maximum on services that were not included in our original fee quote (attached for reference). These services include: 1. Preparation of Streetscape Concept $3,647.55 This included the development of streetscape designs for 40th Avenue, 41st Avenue, Central Avenue and other downtown streets with lighting, sidewalk paving, gateway signs, banners and planting. Drawings were developed for presentation to the Task Force, City Council and for inclusion in the final report. This work was not included in our original fee proposal. 2. Detailed Parking Studies at NEI Site $2711.40 This included the development of alternatives designed to increase parking on public streets surrounding the NEI site to reduce the shortfall of on-site parking in the developer's proposal for the site. Various combinations of angled and parallel parking were drawn up and presented in a meeting held at City Hall. A final plan was prepared, submitted and revised to suit the developer's needs for his presentation. 3. Additional Task Force Meeting $996.72 An additional meeting of the TaSk Force, beyond those scheduled, was held at their request October 26, 1999. This included the development of presentation graphics and attendance by two SRF staff persons at a meeting to allow further discussion by the Task Force before holding the Public Open House. Mr. Ken Anderson - 2 - June 13, 2000 4. Reprinting of the Final Report $1,866.01 This includes the cost to revise and reprint one color copy of the final report and prepare a second CD ROM. After receiving the written comments on our draft report on January 13, 2000 and after meeting with you on February 15, 2000 to review your comments in person, we understood we had your -final edits and that the final report could be prepared. Total Additional Fee Request $9,221.68 I appreciate your consideration of this request, and would be happy to answer any questions you may have. " Sincerely, SRF CONSULTING GROUP, INC. Associate JAL/sla Attachment 'L CONSULTING GROUP, INC. Transportation · Civil · Structural · Environmental · Planning · Traffic · Landscape Architecture · Parking May 15, 2000 Mr. Ken Anderson Community Development Director CITY OF COLUMBIA HEIGHTS 590 - 40th Avenue NE Columbia Heights, Minnesota 55421-3878 MAY 18 2000 ~I~ 0982948 SUBJECT: COMPKEHENSIVE PLAN UPDATE AND ZONING ORDINANCE REVISIONS Dear Mr. Anderson: The purpose of this letter is to request a supplemental agreement for additional work required to complete the Comprehensive Plan Update and the Zoning Ordinance Revisions for the City of Columbia Heights. We have discussed this matter before without resolution, and we are at a point where we can no longer provide additional services without additional compensation. We have completed all substantive tasks within the original contract (attached) and have provided additional services at the request of the City. Furthermore, at your request, we have performed all work at rates below our normal hourly rates. This situation is further complicated by the fact that the City placed the Comprehensive Plan on hold for approximately one year while completing the downtown Master Plan. This not only created a situation where hourly rates have increased, but also created a situation requiring the preparation of additional drafts of the Comprehensive Plan. Our contract states in Item 3.2: "For any 'Additional Services' ordered by the Client and performed by the Consultant, the Client will pay the Consultant on an hourly basis in accordance with the attached Exhibit 'B', Hourly Billing Rate Schedule." The additional services requested by the Client and provided by the Consultant include: Our contract provides for the preparation of one draR plan. Due to the time delay required by the Client and changes to the draft Comprehensive Plan requested by the City, we have prepared four draft plan documents to date and are making additional minor revisions this week. Drafts were delivered to you in December, 1998; January, 1999; February, 1999; and December, 1999. Additional modifications have recently been requested. There are no assurances that this will be the final draft. One revision of the draft report is to be expected. Additional revisions have been in response to substantive changes requested by the City. These additional modifications have resulted in additional costs of approximately $4,700. 2. Our contract prdvides for SRF to recommend revisions to an existing zoning ordinance. Due to the condition of the City's ordinance, the ordinance has essentially had to be completely rewritten. The City has also asked that all changes to the ordinance be electronically tracked. Almost double the time provided in our contract as been required to rewrite the zoning ordinance, subdivision regulations and associated elements, resulting in additional costs of approximately $7,800. ~b[~ ~ " Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (612) 475-0010 · Fax (612) 475-2429 · http://www. srfconsulting.com An Equal Opportunity Employer Mr. Ken Anderson - 2 - May 15, 2000 The schedule for completion of the Comprehensive Plan Update and Zoning Ordinance Revisions has been extended by action of the City, not the Consultant, so that the project schedule has extended from less than one year to over two years (and the Comprehensive Plan has not yet been approved). This has resulted in unavoidable additional costs for additional meetings and telephone conversations, direct costs and actministrativc costs. This has resulted in additional costs of approximately $6,600. The Metropolitan Council has indicated that the Comprehensive Plan is incomplete based on the status of the City's storm water management plan. · Our contract called for incorporation of the City's City Council adopted storm water management plan into the Comprehensive Plan Update. Any additional work associated with this issfie is outside the scope of our contract. As indicated in our telephone conversation today, the City will need to determine how to address this item and whether the adopted storm water management plan will need to be revised. Finally, the Comprehensive Plan still needs to go through the Metropolitan Council review and formal City Council adoption process. There is no certainty as to the schedule or additional requests that may result from this review process, which could take several months to complete. We are aware that a staff transition occurred on this project when Patrick Peters left SRF. We want to emphasize that we did not charge Columbia Heights for most of the hours spent on the first revision of the draft plan because we recognized that Kim Lee, our new project manager, would have a learning curve on the project. I have not charged the City for many hours I have personally spent on this project, and we did not charge the City for any work related to the recent public hearing. Not only have we delivered the substantive products required in our contract, but also we believe that we have gone well beyond what is reasonable to help the City of Columbia Heights reach closure on its Comprehensive Plan. Through the month of April, we have incurred costs in excess of $19,000 above our contract (see attached bill). We believe this overage can be attributed to additional work and to project delays requested by the City. While our letter of January 4, 2000, indicated that we would work with the City to complete the project without additional cost, the extent of the additional work goes well beyond that envisioned in January. We simply cannot continue to provide additional services without some compensation for this work and some assurance that we will not be asked to do additional work without a supplemental agreement. Please advise on how the City would like to proceed on this matter. If you need additional information or would like to discuss this further with me, I can be reached at 763-475-0010. ; Sincerely, RO~~{) CAZ/smf Attachments AGENDA SECTION: Consent ITEM: Conditional Use Permit NO: Case# 2000-0717, 3700 Central Ave NE CITY COUNCIL LETTER ORIGINATING DEPT.: Community Development BY: Tim Johnson ~ DATE: July 17, 2000 Meeting of: July 24,2000 CITY MANAGER PROVAL BY: ~~ Is$ue Statement: Olive Tree Grocery and Deli is requesting a conditional use permit (CUP) to provide seating as a restaurant for the existing business at 3700 Central Avenue NE. Background: ~ application will allow for the Olive Tree Grocery and Dell to continue their current grocery and deli business as well as provide future seating for up to twenty-four (24) customers in the dell area at the location above. Analysis: According to Section 9.113(2) of the Retail Business Zoning Requirements; a CUP is required if the proposed use contains a restaurant, caf~, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). The applicant is not proposing any physical changes to the exterior of the building. However, there will be some interior modifications necessary to establish seating for twenty- four (24) persons. These improvements are subject to review and approval by the Building Official, Fire Department, and the Anoka County Health DeparUnent. The Zoning Ordinance requires that restaurants provide at least one space for each three (3) seats proposed based on capacity design. The proposed seating requires eight {8) parking spaces, with fifteen {15) more required for the existing business. A total of twenty_three (23) parking spaces are required for this business. The applicants have submitted a revised site plan showing parking space for twenty-six (26) vehicles, as well as providing the required two- hundred (200) square feet of landscaping on site. The revised site plan also shows the required handicap parking space and access aisle, as well as an adequate loading area. The revised site plan was one of the conditions of approval. Reeommendation~ The PIning and Zoning Commission held a Public Hearing for the request on July 11, 2000. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed in the recommended motion. Recommended M~tion: Move to approve the Conditional Use Permit to allow the Olive Tree Grocery and Dell at 3700 Central Avenue NE to provide seating as a restaurant, subject to the following conditions: All required state and local codes, permits, licenses and inspections will be met and in full compliance. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance. Parking lot site plan shall be resubmitted and be in substantial compliance with the Zoning Ordinance before restaurant seating is allowed, including handicap parking stall. Landscapin~ of 200 square feet needs to be incorporated into the revised site plan. Loading areas shall meet ordinance requirements and be accessible. Attachments: Staff Report; Completed application form; Site Plan; Revised Site Plan; Floor Plan; and Public Notice COUNCIL ACTK)N: H:Tim'sFilesCtyCCUl~LiveTree 763-2,~1-1559 Date: 07/12t00 Time: 10:30:06 AM Page 2 of 2 Sidewslk Sidewalk '1 handicap vim parking curbs - 5 feet from building Sidewalk Sidewalk Kuiper Specialties, Inc. Marv Kuiper cell 799-2672 fax 763-241-1559 office 763-241-9593 Client: Olive Tree 3700 Central Avenue NE Minneapolis, MN Store Rear entry Garbage area 9x10 12'x25' loading zone 12' - Case: 2000-0717 Page: 1 STAFF REPORT TO ~ PIANNI~IG AND ZONING COMMISSION FOR THE JULY 11, 2000 PUBLIC HEARING Case #: 2000-0717 GENERAL INFORMATION Owner: Address: Olive Tree Grocery and Deli 3700 Central Avenue NE Columbia Heights, MN 55421 (763) 782-9900 Applicant: Same Parcel Address: 3700 Central Avenue NE Zoning: RB Retail Business District Comprehensive Plan: C - Commercial Surrounding Zoning and Land Uses: Zoning North: RB South: Minneapolis East: RB West: R-3 Land Use North: Commercial South: Minneapolis East: Residential' West: Residential BACKGROUND Explanation of Request: The applicant requests a Conditional Use Permit and Site Plan Review to allow for the current Olive Tree Grocery and Deli at the address above to provide seating as a restaurant at the current site. Information on the menu items and additional hours of operation have not yet been provided. They are proposing 24 seats for dining. Case History: Nothing on file. ANALYSIS Surrounding Property: The suxTounding property to the north and east is Zoned as RB and is used commercially. The Case: 2000-0717 Page: 2 property to the west is zoned as R-3 and is used residentially. The property to the south is in Minneapolis. Technical Review: According to Section 9.112(2) of the Columbia Heights Zoning Ordinance, a Conditional Use Permit is required if the proposed use contains a restaurant, caf~, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). The applicant is not proposing any physical changes to the exterior of the building. However, there will be some interior modifications necessary to establish seating for twenty-four (24) persons. These improvements are subject to review and approval by the Building Official, Fire Department, and the Anoka County Health Department. Minimum Yard and Density Requirements are as such: The "F.A.R" (floor-area-ratio) within the "CBD" District shall not exceed 1.0. This requirement appears to be met after staff review. Lots shall have a minimum frontage of forty (40) feet. This lot has approximately one hundred twelve (112) feet of frontage. This frontage meets ordinance requirements. From Yard setback shall be fifteen (15) feet. The structure is not in compliance, but the structure is a legal non-conforming building. The rear yard setback shall be ten (10) feet, with the existing structure meeting this requirement. No side yard setback required. · Lot width required is fifty (50) feet. The lot width is one hundred twelve (112) feet. 1'4o structure shall exceed three stories or thirty-five (35) feet in height. No exterior changes are planned. Building is in compliance. The Zoning Ordinance requires that restaurants provide at least one space for each three seats based on capacity design per each thirty-five (35) square feet of gross floor area. According to the floor plan, there are 24 seats proposed for restaurant use. Note that the proposed parking lot configuration identifies 23+ spies on-site, one of which is handicap accessible. The floor plan submitted meets zoning requirements as determined by staff. # However, the site plan submitted showing the parking lot layout will need to be adjusted to allow for a sidewalk adjacent to the building. The front parking lot stalls shown on the site plan submitted need to be adjusted to allow for curbing and sidewalk access to the building. However, by reducing the available mount of parking space for sidewalk and pedestrian access, the vehicle access lane is also reduced to less than twenty (20) feet. There is currently no requirement in the zoning ordinance referring to a minimtun access lane width. This could be problematie for large vehicles pulling in and out of the proposed spaces. Case: 2000-0717 Page: 3 Landscaping of 200 square feet is also required for off-street parking areas that accommodate twenty-one (21) spaces or more. This landscaping could be provided if the parking stalls closest to Central Avenue were removed from the plan. This adjustment would still appear to provide for enough stalls to meet requirements. The facilities for off-street loading are required to maintain a twenty-foot distance from centerline of the alley to first floor foundation. The loading space pwposed meets and exceeds this requirement. However, the loading space needs to be adjusted to meet the minimum 12 by 25 foot loading space requirement. The site plan appears to be able to accommodate this adjustment, but one space would need to be widened. ,, Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for commercial use. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the CenWal Avenue corridor while protecting nearby residential neighborhoods, and the plan promotes the rehabilitation of existing development land within the City. The pwposal will not negatively impact any nearby residential areas and will be consistent with the City Comprehensive Plan. Summary: The positive aspects of this pwposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan and minimum requirements of the Zoning Ordinance are being met. 2. Providing restaurant seating would be an appropriate use and complementary to existing business and the RB. The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to this proposal provided the applicant complies with the required conditions. CONCLUSION StqOc Recommendaaon: Staff recommends appWval of the Conditional Use Permit to allow the current Olive Tree Grocery and Deli at 3700 Central Avenue N'E, to provide seating as a restaurant at the current site. Recommended Motion: Move to recommend City Council approval of the Conditional Use Penit to allow the Olive Tree Grocery and Deli to provide seating as a restaurant, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full Case: 2000-0717 Page: 4 e, ompliance. 2. All acr~ening requim'nents of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance. 3. Parking lot site plan shall be resubmitted and be in substantial compliance with the Zoning Ordinance befor~ restaurant seating is allow~t, including handicap parking stall. 4. Landscaping of 200 square feet neuMs to bo incorporated into the revised site plan. 5. Loading areas shall meet ordinance requirements and be accessible. Attachments: Area Map; Completed application form; site plan; floor plan; public notice H:\Tim's flimsY2000 P&Z Comma2000-0717OliveTreeCUP CITY OF COLUHBIA HEIGHTS Ap91ication For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval O~her Application Dates Case No, ~)~D lecetp~ No ~ 1- Street Address of Subject Property, 3700 2. Legal Description of Subject Property: 3. ADDlicant: ~. Address: 3 700 ~/t~ t/~y~/ ~.~ . 5. Description of Request: Owner: Address: Z onina: Applicable City Ordinance Number Present Present Use Section Proposed Zonin~ Proposed Use 8. Exhibits Submitted (maps, diagrams, etc.) Acknowled~ent and Sianature: The underst~ned hereby represents upon all of the penalties o~ lay, for the purpose of inducin2 the City of Columbia aetShts to take the action herein requested, that all statements herein are true and that all york herein mentioned rill be done in accordance vith the Ordinances of the City o~ Columbia Heights and the lays of the State of Ninne..,~ .~~ /-J"-O C) Signature of Applicant: . Date: ~ Taken By: .-__ 763-241 IS59 ?~a~e: '36,'C6/C3 T:me: ,~:35.C4. A~ Page Sidewalk 112' Sidewalk Handicap stall handicap van accessible parking Sidewalk Sidewalk Kuiper Specialties, Inc. Mary Kuiper cell 799-2672 fax 763-241-1559 office 763-241-9593 Client: Olive Tree 3700 Central Avenue NE Minneapolis, MN Store Garbage 9)(10 Ju~ 06 O0 Sate: 26/C5/00 7,.,me: 2:35:G; AM MaPv and Loi~ KuipeP 763-241-9593 Pa e Olive Tree' Grocery and Deli 3700 Central Avenue NE I "' i .t ..,;;/ CITY OF COLUMBIA HEIGHTS Siq~hsn lobneon 590 4OTH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-280()TDD 782-2806 DanielShattuck 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 Hail, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, July 11, 2000. The order of business is as follows: A request for a ConditiOnal Use Permit and Site Plan Review to allow the current Olive Tree Grocery and Dell at 3700 Central Avenue N.E. to provide seating as a restaurant at the current site. The Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for the operation of a restaurant, caf6, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Ken Anderson, Acting City Planner, at 763-706-3672. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Colombia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or omployment 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 706-3811, to make arrangements. (TDDIT08-3692 for deaf or hearing impaired only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISAEILI'T'Y IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER AGENDA SECTION: Consent ITEM: Variance NO: Case # 2000-0718, 4328 2"d Street NE CITY COUNCIL LETTER A-\\ Meeting of.' July 24, 2000 Issue Statement: This is a request for a .4 foot side yard setback variance to allow the construction of a 12 foot by 24 foot addition that includes a second story at 4328 2~d Street NE. Background: Section 9.108(4) of the Colmbia Heights Zoning Ordinance requires that any part of a principal structure maintain a minirnm five-(5) foot setback from the side yard property line. The request is to allow for the new addition to encroach .4 feet into the required five (5) foot setback area. Analysis: Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree nmber or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the roles of the zoning district." In order for a variance to be granted, hardship needs to be established. The primary purpose of the variance appears to be in matching the new addition up with the side walls of the existing structure. According to the definition of hardship from the ordinance, there would not appear to be a legitimate hardship for granting a variance, as the applicant could meet the ordinance with the new addition. However, the common sense approach as well as from a consUnction standpoint, would be to match the new addition up with the walls of the existing structure. The Zoning Ordinance Section 9. 104(3) addresses non-conforming structures. The ordinance allows for alterations of non. conforming sUnctures when the alteration will improve the livability thereof, provided a variance is approve& Staff however, recommended that the Planning Commission deny the variance because the applicant could not prove a hardship as to why they couldn't meet the ordinance requirement of a five (5) foot setback. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on July 11, 2000. They voted unanimously to recommend City Council approval of the .4 foot side yard setback variance at 4328 2rid Street NE in that it will not extend beyond the existing structure setback, and would be in keeping with the spirit and intent of the ordinance. Reeommended Motion: Move to approve the .4 foot side yard setback variance at 4328 2nd Street NE as the variance would he in keeping with the spirit and intent of the ordinance and the ordinance under Section 9.104(3)(j) allows for alterations of non- conforming sUnctures when the alteration will improve the livability thereof, provided a variance is approve& dttachments: Staff Report,' Completed application form; Survey; Site Plan; and Public Notice COUNCIL ACTION: H:Tim'sFil~sCCVarDannyH Case: 2000-0718 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JULY 11, 2000 PUBLIC HEARING Case #: 2000-0718 GENERAL INFORMATION Owner: Danny Ross Hunter ,, Applicant: Same Address: 4328 2nd Street NE Columbia Heights, MN 55421 (612) 789-7974 -. Parcel Address: 4328 2nd St. NE Zoning: R-2, One and Two Family Residential District Comprehensive Plan: LDR - Low Density Residential Surrounding Zoning and Land Uses: Zoning North: R-2 Land Use' North: Residential South: R-2 South: Residential East: R-2 East: Residential West: R-2 West: Residential BACKGROUND Explanation of Request: Tlie applicant requests a .4 foot side yard setback variance to allow for the construction of a second story addition and a 12 foot by 24 foot addition onto the rear of the house at the address above. Section 9.108(4) of the Columbia Heights Zoning Ordinance requires that any part of a principal structure maintain a minimum five (5) foot setback ~:om the side yard property line. This request is to allow for the new addition to encroach .4 feet into the five (5) foot setback. Case HiStory: Staff is not aware of any pertinent zoning cases on the lot or similar variance type requests in the surrounding area. Case: 2000-0718 Page: 2 ANALYSIS Surrounding Property: The surrounding property to the north, south, east and west is zoned R-2, One and Two Family Residential District and is used rcsidentially. There are three lots across the alley fronthag on Main Street, and just south of this property which arc zoned as R-3. Gauvitte Park also abuts the residential pwperties to the east. Technical Review: According to Section 9.108(4) of the Columbia Heights Zoning Ordinance, a variance is required for this addition in that it would encroach .4 feet illto the five (5) foot required side yard setback area. The Minimum Yard requirements are listed below. No structural building shall exceed three stories or 35 fcct which ever is the lesser in height. This structure is less than 35 feet. A side yard abutting an adjacent parcel is five (5) feet. The existing house was built at 4.60 fcct from the side yard property line at the closest point. The proposed addition would be a continuation of the existing house to the west, as the addition would bc approximately 12 feet by 24 feet. The existing from yard setback is 17.0 feet from the property line. The zoning ordinance requires 25 feet, with the proposed addition not infringing on this setback. The other side yard setback is at twelve (12) fcct including the proposed addition, with the requirement being five (5) feet. The rear yard setback is at approximately sixty-eight (68) feet, with the required setback being at 1cast thirty (30) feet. Any lot less than 6,500 square feet may have a lot coverage of up to 35% - the lot coverage will be approximately 27% which meets this requirement. The primary purpose of the requested variance appears to be in matching with the setback of the existing structure on the north property line at approximately 4.6 feet. Section 9.105(3) (d) of the Zoning Ordinance states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the mlcs of the zoning district." In order for a variance to be granted, hardship needs to be established. Circumstances unique to the individual property in question need to be established. According to the definition of hardship provided in the Zoning Ordinance, it appears that there is no hardship shown as to why the applicants can't meet the minimum five (5) foot setback requirement. Could the applicant build a reasonable addition meeting the five (5) foot setback? Case: 2000-0718 Page: 3 There don't appear to be any legitimate reasons in relation to variance standards whereby staff could recommend approval to the Commission. The proposed addition could be shortened up by a few inches and still meet requirements, but the new addition would probably jog a bit from the existing side walls. However, the common sense approach would be to match the addition up with the walls of the existing structure. This approach would entail allowing for the new addition including the second story to encroach a few inches into the setback. Staff doesn't know of any prior similar type requests thai would be comparable to this situation. Compliance with City Comprehensive Plan: ,, The City Comprehensive Plan designates this area for future low density residential. One of the goals of the Land Use and Redevelopmerit component of the Plan states "Protect and enhance the residential neighborhoods of the Cornm..unity (Page 27y' The proposal would not appear to be inconsistent with the City Comprehensive Plan as it encroaches only a few inches. Summary: The positive aspects of this proposal are as follows: 1. The proposal would appear to be in line with the existing house and would not encroach any closer than what is there now. There are numerous houses that have similar side yard setbacks. 2. The proposed addition would improve upon the livability of the property. The negative aspects of this proposal are as follows: 1. The request encroaches into the side yard setbacks of the Zoning Ordinance which could establish an undesirable precedent. CONCLUSION Staff Rel:ommendation: Staff recommends denial of the variance as the proposed addition does not exhibit a defined hardship according to the Zoning Ordinance. Recomr~ended Motion: Move to recommend the City Council deny the variance request because a legitimate hardship has not been established. : Alternative Motion Recommending Approval: Move to recommend City Council approval of the side yard setback variance of .4 feet, in that it will not extend beyond the existing structure setback, and would be keeping with the spirit and intent of the ordinance. Attachments: Area Map; Completed application form; survey site plan; public notice. H:\Tim's file$~2000 P&Z Comma2000-0718dannyhunter CITY OF COLUHBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other '. Application Date: Fee = Da~e Pa~d Receipt No= 1. Street Address of Subject Property: 4328 N.E~ 2nd Street 2. Legal Description of Subject Property: Applicant: Owner: Name: Description of Request: .4 f~t side yard q~rh~c~ variance ZoninK: Applicable City Ordinance Number Present ZoninK' Present Use Section Proposed Zoning Proposed Use 7. Reasoq for Request: on rear of house to allow a second story onto dwellinq as well as a T2'x)~' : 8. Exhibits Submitted (maps. diagrams, etc.) Acknowledaqent and SiRnature: 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 hermit requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. Date: ~J~ Taken By: ..~ X Z ND A VENL,/E N E ~0 FOOT ~/~/ Th~m~ CITY OF COLUMBIA HEIGHTS Stellhso Johnson S9~ 4OTH AYSNU( N,~., COLUMBIA HEIGHTS, MN 55~2 f-3878 (6 f 2) 782-28~ TDD 782-28~60anl ~attuck 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, July 11, 2000. The order of business is as follows: A request for a .4 foot side yard setback variance to allow a second story addition and a 12 foot by 24 foot addition on the rear of the house at 43~28 N.E. 2" Street. Section 9.108(4)(c) of the R-2 Section of the Zoning Ordinance requires a minimum side yard of five (5) feet. '- Section 9.104(3)(j) of that section of the Zoning Ordinance pertaining to Non-Conforming Uses and Structures states: "Alterations may be made to a building containing non-conforming residential units when the alteration will improve the livability thereof, provided it will not increase the number of dwelling units nor the outside perimeter of the building. Provided, however, that such alterations increasing the perimeter may be made when the alteration will improve the livability thereof and provided that a variance is obtained pursuant to Section 9.105(3), et.seq. In addition to the variance criteria contained in Section 9.105(3)(d), the Board of Appeals and Adjustments may consider the need for fire protection, sanitary facilities, and general safety of the subject building. No such alterations shall be made to buildings which are not structuraily sound". Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Ken Anderson, Acting City Planner, at 763-706-3672. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst · City Manager kp 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 706-3611, to make arrangements. (TDDIT06-3692 for deaf or hearing impaired only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF OISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CIT~'COUNCIL LETFEn Meeting of: July 24. 2000 AGENDA SECTION: NO: ITEM: NO: Consent Establish Hearing Dates License Revocation, Rental Properties ORIGINATING DEPARTMENT: Fire BY: Dana Alexon DATE: July 18, 2000 CITY MANAGER APPROVAL BY::~",,~~ Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. F.C. Celtic, LLC ............................. 3849 Central Avenue 2. Nurhan Kasar ................................ 1215-1217 Circle Terrace 3. Abdul Rashid ................................ 4341 Tyler Place RECOMMENDED MOTION: Move to Establish a Hearing Date of August 14, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Colmbia Heights against F,C. Celtic, LLC at 3849 Central Avenue. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 14, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Nurhan Kasar at 1215-1217 Circle Terrace. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 14, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Abdul Rashid at 4341 Tyler P!see. COUNCIL ACTION: CITY COUNCIL LETrER Meeting of July 24. 2000 AGENDA SECTION: NO: ITEM: Consent ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL Close Hearing Rental License Revocation BY: Dana Alexon DATE: July 2,4, 2000 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Gina Kilgore regarding rental property at 4542 Hnights Drive for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 24, 2000. The public hearing on this property may now be closed in that the owner has brought the property/building into comp, liance with the Housing Maintenance Code and paid all fees and penalties. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Gina Killore Regarding Rental Property at 4542 Heights Drive in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 24. 2000 AGENDA SECTION: NO: ITEM: Consent ORIGINATING DEPARTMENT: CITY MANAGER L( Fire APPROVAL Close Hearing Rental License Revocation BY: Dana Alexon DATE: Julyl8, 2000 The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Nurhan Kasnr regarding rental property at 121.$-1217 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 24, 2000. The public hearing on this property may now be closed in that the owner was not properly notified due to a error in scheduling reinspections. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Nurhnn Knsnr Regarding Rental Property at 1215-1217 Circle Terrace Until Such Time that the Proper Owner of the Property can be Notified. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 24. 2000 AGENDA SECTION: NO: ITEM: Consent ORIGINATING DEPARTMENT: CITY MANAGER L] Fire APPROVAL Close Hearing Rental License Revocation BY: Dana Alexon NO: A '151 DATE: Julyl8, 2000 BY:/,/f/~ DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against F.C. Cd~e, L.L.C. regarding rental property at 3849 Central Avenue NE for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 2,4, 2000. The public hearing on this property may now be closed in that the owner was not properly notified due to a error in scheduling reinspections. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspemion of the Rental License Held by F.C. Celtic, L.L.C. Regarding Rental Properly at 3849 Central Avenue NE Umil Such Time that the Proper Owner of the Property can be Notified. COUNCIL ACTION: AGENDA SECTION: NO: ITEM: License Agenda NO: CITY COUNCIL LETTER Meeting of: July 24, 2000 ORIGINATING DEPT.: License Department BY: Kathryn Pepin DATE: July 20, 2000 CITY MANAGER APPROVAL DATE: BACKGROUnD/ANALYSIS Attached is the business license agenda for the July 24, 2000 City Council meeting. The applications for Contractors are new applicants and are recommended for approval. In addition, there is the annual request for a single event club beer license to allow Immaculate Conception Church to sell 3.2 beer during the annual Funfest scheduled for August 12-13, 2000 on church property at 4030 Jackson Street. Please refer to the attached letter requesting the license fees to be waived for this church function. 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. PaC088M~ND~D MOTIONs Move to approve the items as listed on the business license agenda for July 24, 2000. COUNCIL ACTION: TO CITY COUNCIL July 24, 2000 *Signed Waiver Form Accompanied Application 2000 BUSINESS LICENSE AGElilDA APPROVED BY CONTRACTORS ADDRESS FEES BUILDING OFFICIAL Be Be Be Be Be *C & B Construction *Castlebrook Construction *Eastside Exteriors, Inc. *EnvironCon, Inc. *Mark Nord Masonry *PMJ Group, Inc. Professional Ground Maintenance Route 2, Box 1570, Stilwell, Ok. 16210 Aberdeen St. N.W. 1809- 6e St. N.E, 500 Apollo Ave. N.E. 3968 Jackson St. N.E. 9219 Telford Crossing 2236-172"" Lane 850.00 50.00 50.00 50.00 50.00 50.00 50.00 SINGLE EVENT CLUB OIl SALE BEER POLICE DEPT. *immaculate Conception Church In conjunction with Funfest See attached letter. 4030 Jackson St. N.E. August 12-13, 2000 REQUEST FEES BE WAIVED license.ag uly 10. ~300 City of Cdumbia Heights 590 401h Avenue N.E. Columbia Heights, MN 55421 Deer City Official(s): Enclosed is the license application necessary for our annual Fun Fest at Immaculate Cort, epeon Catholic Chtrch. We are requesling the fees be waived as we are a non-profit Co-Chair, Fun Fest Committee 5236 Horizon Drive Fddley, MN 55421 763-572-1023 BRC FINkNCIAL SYSTEM 07/21/2000 07:40:08 FUND DESCRIPTION GENERAL MITY DEVEI~)PMENT FUND PARKVIEW VILLA NORTH STATE AID MAINTENANCE PARKVIEW VILLA SO[3TH CABLE TELEVISION RENTAL HOUSING LIBRARY COL HGHTS AFTER SCHOOL ENRI LOCAL LAW ENFORCE BLK GRANT CAPITAL IMPROVEMEWTS STATE AID CONSTRD~"'fION CAPITAL IMPROVEMEJT PARKS CAPITAL IMPROVEMEJT - PIR CAP EQUIP REPLACE-GENEPAL WATER UTILITY SEWER UTILITY STORM SEWER UTILITY LIQUOR CENTRAL GARAGE DATA PROCESSING PERMIT SURC}IARGE CONTRIBUTED PROJECTS-HEC INSURANCE ESCROM INVESTMENT TRUST FLEX BENEFIT TRUST FUND Check History DISBURSES 73,732.97 3,211.84 11,236.07 600.49 5,984.51 4,084.43 343,008.90 4,250.69 2,475.96 1,618.25 27,691.55 8,871.26 4,009.41 126,377.87 20,788.00 89,053.79 2,076.98 3,016.85 316,684.27 12,800.79 5,397.13 271.46 1,622.30 13,426.83 245,264.64 80,500.00 585.88 1,408,643.12 CI~ OF COLUMBIA HEiGHTS GL060S-V06.27 RECAPPAGE GL540R DISBURSEMENTS 1,408,643.12 1,408,643.12 BRC FINANCIAL SYSTEM 07/21/2000 07 Check History 7/24/00 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V06.27 PAGE 1 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT NORTHFAST STATE BANK 87147 6,500.00 NORTHEAST STATE BANK 87148 342,730.50 NORTHFAST STATE BANK 87149 74,000.00 ALL SAINTS BRAND DISTRIB 87150 334.00 ANDERSON - [ADD 87151 2,183.00 BELLBOY BAR SUPPLY 87152 921.18 BELLROY COI~DOI~TION 87153 14,273.11 BRANDT/LEAR 87154 250.00 CASCADE BAY 87155 200.00 CHISAGO LAKES DISTRIBUTI 87156 2,094.90 COCA-COLA BOTTLING MIDWE 87157 1,426.07 CONVERGENT ~ICATION 87158 138.32 DAVES SPORT SHOP 87159 1,491.00 DUGDALE/MARY 87160 18.00 EAST SIDE BEVERAGE CO 87161 32,038.01 EDLUND/DORINDA 87162 2,145.11 MROIDERY & MORE 87163 302.59 FRANCEEN/NANCY 87164 25.00 GENUIHE PARTS/NAPA AUTO 87165 130.68 GRIGGS-COOPER & CO 87166 276.81 HOHENSTEINS INC 87167 4,369.20 HOME DEPOT #2802 87168 116.12 J-CRAFT INC 87169 1,105.13 JOHNSON BROS. LIQUOR CO. 87170 15,239.47 JOHNSON PAPER & SUPPLY C 87171 212.13 JOLLY/DONALD 87172 25.83 KEYS/JARVIS 87173 750.00 KOCON/LAWRBNCE 87174 250.00 KUETHER DIST. CO. 87175 17,148.60 MARK VII DIST. 87176 16,311.31 MENARDS CAS}MAY LUMBER-F 87177 128.69 MINNEGASCO 87178 29.03 MINNESOTA COACHES 87179 1,066.00 MOELLER/KAR]R~ 87180 68.16 N S P 87181 317.07 NATOA 87182 465.00 NORTH STAR ICE 87183 1,167.00 OLD LOG THEATRE 87184 558.00 PAUSTIS & SONS 87185 263.63 PETTY CASH - CINDI WILLP 87186 119.40 PETTY CASH - KARENMOELL 87187 94.12 PHIZIPS WINE & SPIRTS 87188 1,325.88 PI1Q{ACLE DISTR 87189 23.50 PRIOR WINE 87190 1,077.88 QUALITY WINE & SPIRITS 87191 1,027.84 SCHIEFFER/BARBARA 87192 60.00 ST PAUL-WC/THE 87193 8,123.83 BRC FINANCIAL SYSTEN 07/21/2000 07 Check History 7/24/00 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V06.27 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT STAN'S DOOR SERVICE INC 87194 94.00 STAR TRIBUNE 87195 834.47 TAYLOR/KEN 87196 4.00 THOMPSON/(]{ARLIE 87197 40.72 VER-TECH 87198 57.62 VERIZON WIRELESS 87199 138.61 WILD MO~N 87200 1,215.00 WINDSCHITL/KEITH 87201 75.97 ZIMdERMAN/DALE 87202 30.00 AFFINITY PLUS FEDERAL CR 87203 350.00 FIRST COMMUNITY CREDIT U 87204 1,910.00 ICMA RE'TIM TRUST 45 87205 10,498.21 LMCIT 87206 21,225.28 LMCIT - PIP 87207 15,051.65 MEDICA SENIOR 87208 431.50 MN CHILD SUPPORT PAYMENT 87209 808.16 NORWEST BANK - PAYROLL A 87210 158,688.42 ORCHARD TRUST COMPANY 87211 6,242.20 PERA 87212 25,523.35 PUBLIC MANAGERS ASSOCIAT 87213 50.00 UNION 320 87214 931.00 UNITED WAY 87215 47.00 AARP 87216 200.00 BARTILSON (4PLEX ~I)/JOA 87217 104.75 BRI J .}~OY BA/{ SUPPLY 87218 219.25 BRI.LROy CORPORATION 87219 10,109.34 BENTZ/BEVERLY 87220 103.42 BIFF' S, INC. 87221 70.26 BRAY/LIZ 87222 10.62 BRECKENITCE/LAURIE 87223 15.87 CALLAGHAN/RUTH 87224 23.00 DEALS ON MEALS 87225 231.60 DELL COMPUTER INC 87226 1,134.25 EAST SIDE BEVERAGE CO 87227 7,620.15 EDHOLM/ROBERT 87228 5.00 GENUINE PARTS/NAPA AUTO 87229 60.69 HADRATH/NICK 87230 50.00 HANSEN/KEVIN 87231 54.77 HARTING/LISA 87232 30.00 HENNEPIN TBCHNICM~ INST 87233 150.00 HITES FLORAL 87234 674.14 JOHNSON BROS. LIQUOR CO. 87235 21,097.66 JOHNSON PAPER & SUPPLY C 87236 262.54 JOHNSON/NONMA 87237 5.00 I(ROSKA/MI(3{ELLE 87238 50.00 KUETHER DIST. CO. 87239 32,802.05 KUGLIN/BRAD 87240 50.00 BRC FINANCIAL 07/21/2000 07 Check History 7/24/00 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V06.27 PAGE 3 BANK VENDOR BANK CHECKING ACCOUNT MARCHINIAK/WILLIAM 87241 130.01 MARK VII DIST. 87242 18.40 MEDICINE Iaa/(E TOURS 87243 1,865.50 MERTZ/MATTHEW 87244 50.00 MINNESOTA UC FUND 87245 506.77 MN DEPT OF REVENUE 87246 8,461.00 MUSCOVITZ/PATRICIA 87247 55.95 N S P 87248 25,400.83 OSTMOE/PATRICIA 87249 209.81 PC SOLUTIONS 87250 928.87 PEPSI-COLA-7 UP 87251 256.60 PETENSON/ROSELLA 87252 254.25 PETTY CASH - CINDI WILLP 87253 332.94 PETFY CASH - KAREN MOELL 87254 86.17 PHILLIPS WINE & SPIRTS 87255 2,318.19 PITNEY BOWMS LOUISVILLE 87256 231.95 PRIEUE/CAROL 87257 52.85 QUALITY WINE & SPIRITS 87258 12,658.40 SAMS 4{6310 87259 404.68 SCIENCE MUSEUM OF M1Q 87260 139.00 U S WEST COMMUNICATIONS 87261 923.41 UNOLAUB/JORONE 87262 250.00 VINTAGE ONE WINE, INC. 87263 340.50 VISA 87264 1,443.40 WINE COMPANY/THE 87265 355.40 MN DEPARTMENT OF RES/ENUE 87266 392.00 A & C SMAI~L MINE 87267 32.16 ACE HARDWARE 87268 57.96 ACTION TARGET 87269 179.00 AEC ENGINEERING 87270 478.02 AICPA 87271 253.26 AID ELECTRIC SERVICE INC 87272 468.00 ALL SAINTS BRAND DISTRIB 87273 142.30 AMERIPRIDE 87274 52.56 ASPEN EQUIPMENT 87275 83.60 ASPEN MILLS, INC. 87276 1,462.50 BARNA GUZY & STEFFEN LTD 87277 21,963.13 BEARCOM 87278 69.75 BITUMINOUS ROi%DWAYS, INC 87279 1,824.76 BLUE ~ SOFTWARE 87280 654.00 BLUR RIBBON ~-DRY 87281 95.85 BOYER TRUCK PARTS 87282 84.10 BRW INC 87283 8,871.26 BUREAU OF CRIMINAL APPRE 87284 630.00 BUSH/REUBEN 87285 19.13 ~EARCH 87286 509.01 CHEROKEE POWER EQUIPMENT 87287 13.11 BRC ~INANCI~ 07/21/2000 07 Check History 7/24/00 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V06.27 PAGE 4 BANK VENIK)R CHECK NUMBER AMOUNT CHET'S SHOES 87288 151.30 CHISAGO LAKES DISTRIBUTI 87289 3,593.80 CITY WIDE LOCKSMITHING 87290 43.64 CLARK FOODSERVICE INC 87291 118.22 COCA-COLABOTTLING MIDWE 87292 987.30 COLLINS/J!~HMY 87293 1,012.50 CONSTRUCTIONBULLETIN 87294 175.00 CREIGKPON,BRADIt"Y & GUZZ 87295 2,755.55 CREST VIEWLUTHERAN HONE 87296 10,670.49 CRIME PREVENTION RESOUEC 87297 54.00 CSC CREDIT SERVICES 87298 30.00 CUSTOM LIQUIDATORS 87299 90.52 D ROCKCENTER 87300 436.39 DAVIES WA~R EQUIP C0. 87301 858.72 DEALS ON}~.ALS 87302 231.60 EAGLE WINE COMPANY 87303 253.70 EARL F ANDERSEN INC 87304 38.96 EAST SIDE BEVERAGE CO 87305 17,021.30 EDWARD KRAEMER & SONS IN 87306 3,494.76 ELERT % ASSOCIATES 87307 1,278.84 FIDELITY SERVICES tNC 87308 4,824.94 FLANAGANSALES INC 87309 4,009.41 FRONTIER PRECISION 87310 862.66 G & K SERVICES 87311 464.40 GEN]ERAL S~d'E'FY EQUIPMENT 87312 241.60 GENUINE PARTS/NAPA AUTO 87313 69.26 GLENWOOD INGLEW00D 87314 84.36 (IRAFIX SHOPPE 87315 947.00 GRIGGS-COOPER & CO 87316 5,471.73 HAPPEL DBA PLANSIGHT/JER 87317 4,206.25 EARDRIVES INC 87318 65,514.24 HEIGHTS ELM6'fRIC INC. 87319 338.94 HOHENSTEI{ INC 87320 8,272.90 HOME DEPOT #2802 87321 53.31 HONEYWELL INC 87322 16,969.50 INSTRUMENTAL RESEARCH IN 87323 1,157.75 INSTY PRINTS 87324 211.19 JOHNSON BEGS. LIQUOR CO. 87325 3,666.26 JUSTICE PLANNING & MGMT 87326 75.00 K MART 87327 26.02 KOCH REFINING 87328 1,583.44 KUETHER DIST. CO. 87329 46,988.65 LUBES UNLIMITED 87330 261.83 M.AASSOCIATES INC 87331 215.44 MAC QUEEN EQUIPMENT C0. 87332 723.14 MACTA 87333 800.00 MADDEN & ~SOCIATES/FRAN 87334 696.00 BRC FINANCIAL SYSTEM 07/21/2000 07 Check History 7/24/00 COUNCIL LIST CITY OF COLUMBIA HEiGHTS GL540R-V06.27 PAGE 5 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MARK VII DIST. 87335 15,581.86 MC COLLISTER & CO 87336 1,571.62 MEIYlDX LABORATORIES, INC 87337 114.00 MENARDS CASHWAY LUMBER-F 87338 149.64 MERIT RECOGNITION 87339 53.73 ME'fRO FIRE 87340 222.90 METRO WELDING SUPPLY 87341 123.71 MHSC ADVAIe DRIVING FA 87342 788.00 MIDWAY FORD 87343 1,630.40 MIDWEST ASPHALT CO. 87344 18,010.32 MILLAR ELEVATOR SERVICE 87345 250.00 MINNEAPOLIS FINANCE DEPT 87346 77,456.64 MINNEAPOLIS OXYGEN C0. 87347 22.35 MINNEAPOLIS SAW CO. 87348 46.86 MINNESOTA SAFETY COUNCIL 87349 225.00 MN STATE TREAS BUILDING 87350 271.46 MTS NORTHWEST SOUND INC 87351 70.00 NATIONAL ARBORIST ASSOCI 87352 15.95 NATW 87353 640.20 NORTH STAR ICE 87354 1,871.40 NORTHERN TOOL & EQUIPMEN 87355 159.74 NORTHLAND ELECTRIC SUPPL 87356 120.00 NORTHWEST ASPHALTMAINTE 87357 31,441.27 OFFICE DEPOT 87358 207.32 ONE ON OHE COMPUTER TRAI 87359 228.44 PAM OIL INC 87360 10.92 PARTS PLUS 87361 269.00 PATTON IND. PRODUCTS 87362 26.17 PAUSTIS & SONS 87363 170.00 PC SOLUTIONS 87364 61.77 PHILLIPS WINE & SPIRTS 87365 2,292.34 PINKERTON SERVICE GROUP 87366 58.00 PINNACLE DISTR 87367 42.50 PIONEER RIM &WHEEL C0. 87368 51.10 PLUNKETT'S, INC 87369 49.00 POLICE MARKSMAN ASSOCIAT 87370 16.95 PRENTICE HALL 87371 83.28 PRIOR WINE 87372 3,518.96 PROEl( - WOLF CAMERA 87373 9.10 PROGRESSIVE CONSULTING E 87374 1,164.12 R & P ENTERPRISES 87375 160.37 Pad)IO SHACK 87376 63.88 RAPIT PRINTING - FRIDLEY 87377 10.30 RICE CREEK WATERSHED DIS 87378 2,025.00 RICHARD ALAN PRODUCTIONS 87379 200.00 RON KASSA CONSTRUCTION 87380 6,909.63 SAFETY MEETING OUTLINES 87381 46.00 arc nmNCIAL sYsTm 07/21/2000 o? Check History 7/24/00 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V06.27 PAGE 6 BANK VENDOR CHECK NUMBER AMOUNT BANK C~ECKING ACCOUNT SCHELEN GRAY ELECTRIC 87382 139.55 SEARS {CIAL ONE 87383 99.50 SEARS IND~IAL SALES 87384 62.09 SHINY METALS INC 87385 72.40 SOFTWE TAILORS 87386 3,511.25 SOUTHERN ANOIQ~ COUNTY CH 87387 230.00 STRATEGIC INSIGHT COMPAN 87388 1,597.50 STREICHER GUN'S INC/DON 87389 1,091.62 SUPERIOR FORD INC. 87390 20,788.00 TI-ZACK CONCRETE, INC 87391 27,691.55 TIQ3A 87392 83.00 TRIANGLE FIRE EXTINGUISH 87393 83.00 UNIFORMS L~ILIMITED INC 87394 1,085.51 VAN-O-LITE 87395 31.84 VERIZON WIRELESS 87396 152.16 WARNING LITES OF MINN. I 87397 191.56 WI~IAMS STEEL & HARDWAR 87398 109.14 WINE COMPANY/THE 87399 112.00 WINE MERCHANTS 87400 1,598.19 WW GRAINGER 87401 429.21 YOUNG/KATHY 87402 439.62 ZIEGLER INC 87403 188.46 1,408,643.12 *** AGENDA SECTION: CONSENT NO: ITEM: SOFTWARE AND HARDWARE PURCHASE REQUESTS CITY COUNCIL LETTER Council Meeting of: July 24, 2000 ORIGINATING DEPT: FINANCE CITY MANAGER APPROVAL BY: WILLIAM ELRITE BY: DATE: 07/17/2000 DATE: 1. The City Information System currently has no protection against computer viruses that may corrupt or destruct documents and programs. One of the market leaders in anti-virus protection, Network Associates, produces Total Virus Defense Suite software (brief description is attached). In the long term, the most cost-effective way is to purchase Total Virus Defense Suite Perpetual License. The government price for 130 computers is $7,020. The annual maintenance fee is $500. Licenses and maintenance can be purchased through PC Solutions, the long-term vendor of IS products and services to the City. 2. The City Information System uses multiple network servers. Most servers require hardware and sofb,vare upgrade (total estimated upgrade and support costs in 2000-2002 years are $56,250). If two powerful servers and computer cabinet are purchased from PC Solutions ($24,250 hardware and service costs), five existing servers can be replaced. Total estimated upgrade and support costs in 2000-2002 would be $46,100 - an economy of $10,150. Cost estimates are enclosed. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with PC Solutions for the purchase of anti-virus soft-ware licenses, two servers, computer cabinet, and support services at a total cost not to exceed $31,270. ~rE:sms 0006282COUNCIL COUNCIL ACTION: McAfee.com - The Place for Your PC http://store.mcafee.com/product.asp...D=73&CategorylD= 11 &t=8%3A30%3A35+AM The Place for Your PC Product Categories · A|I Products · Anti-Virus Product.~ · PGP Encr~'i~tion · PC Utilities · Mac Utilities · Business Products .Suites & Bundles · ODeratim~ Systems · Main|chance Plans · International Products About McAfee Store C~stomer SUPPOrt !illlq: to buy 1 I:- computer book fatbrain.corn I OnlineApplications ] Store ] Products ] Download ] Support June 20, Search MeAfee Store I O~. 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List Price: $5,600.00 USD Available Delivery Methods: CD-ROM IT[ Add to Cart T~ 2000 McAfee.com Cornoration / All Rights Reserved Please t~ad out Privacy Policy. 2 of 2 6/20/00 10:37 A~ 0 .s. "0 r-' 0 0 ! CITY COUNCIL LETTER ZTI~4:/~r, ending' Ordinance 853 regarding beer S Wine licensing NO: Meeting of: July 24,2000 / CITY MANAGER APPROVAL DATE: July 18, 2000 BY: NkClBROUiDeaALYSIS Since March ef this year, The License Committee has been conducting the process of review and rowrite of Chapter 5, Article V of the City Code pertaining to beer, wine and liquor liceang for the City of Colombia Heights. Staff has gathered similar ordinances from eleven other cities for comparison. Those city'sara Andmr, Anoka, Blaine, Brooklyn Park, Brooklyn Center, Coon Rapids, Crystal, Fridby, Golden Valley, Lind Lakes, Minneapdis. We also used Chapter 340A of State Statute to assure compliance with State law. Ordinance 1418 contains the rewritten sections pertaining to beer and wine sabs only as well as a new section of definitlens at the beginning of Article V. We have combined the on and off sale beer and the single event club beer sections into one section repeaiig the current singb event club beer section. The on sale wine section has been rewritten and will include the sale of strong beer (see 5.504(3), Page 22 of #1416). Please note that the current section pertaining to Sunday wine sales is being repealed as it does not conform to State Statute. Both the beer and wine sections have been significantly changed with a lot of aid language eliminated that was not necessary or not in conformance with State Statute. In response te the City Council's concern with the 300 foot distance required currently for any beer, wine or liquor astabiisheent, the License Committee found that the 300 feet requirement was the minimorn distance of the eleven cities used in our cemparison. It wee the consensus of the License Committee to leave the 300 foot distance as currently stated. The ratio of feodheine sales which currently requires 80% food sales has been lowered to 80% food sales. The 80% ratio was the nundier used by mare than haft of the eleven cities. The miriam seating requiromont for on sale wine is currently at 75 seats. The survey of the eleven cities showed that the majority were at 75 eeats or higher (up to 150 seats). The 75 seat requirement is proposed to remain. On July 10, 2000 the City Council conducted the first reading of Ordinance #1416. RECOMMENDATION: The License Committee feels that this finished product wi~ best serve the needs of the City in implementation and enforcement of licensing rides and regulations regarding the sale of beer and wine. BECiBaMEWj;Ee mTlol: Move to waive the reading of Ordinance #1416 there being ample copis available to the public. IECnMIIEIii)En MOTlOg: Move to edolK Ordinance #1416, being an ordinance afrending Ordinance 853, City Code of 1977, pertaining to the amendment of carteln sections of the licensing requirements of the city. COUNCIL ACTION: ORDINANCE NO. 1416 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE AMENDMENT OF CERTAIN SECTIONS OF THE LICENSING REQUIREMENTS OF THE CITY. The City of Colombia Heights does ordain: Claptar 5, Article 5, Orb:refine In. 853, City Cede ef 1977, b lierdy amended te add the fa~awing: 5.500 ~EFIglTIOliS OF TERMS: Aleekelk Beefs Any beverage containing more than one-half of one percent alcohol by volume. BE "Beer" or "3.2 percent malt liquor" mass any malt beverage with an alcoholic content of more than one-haft of one per cent by volume and not more than three and two-tenths percent by weight. ~ t3eb er Cleb: An incorporated organization organized under the laws of the State for civic, fraternal, social, of busbess purposes, for intelbctual improvement, or for the promotion of sports, a church physically located within the City, or a congressionally chartered veterans' organization, which: 1. Has more than 30 members; 2. Has owned or rented a building or space in a building for more then one year that is suitable and adequate for the accommodation of its members; 3. Is directed by a board of directors, executive committee, or other similar body chosen by the fnembers at a meeting held for that perpoe. No ~, officer, agent, or employee shah receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. The serving of bertliquor must be incidental to and not the major purpose of the club. IHstgle4 SJk:b!: Ethyl alcohol, hydrated oxide of ethyl spirits of wine, whiskey, rom, brandy, gin and other distilled spirits, including a~ dilutions and mixtures thereof, for nonindustrial use. IbM: An establishment where food and lodging ere regularly furnished to transients and which has: 1. A dining room serving the general public at tables and having focilitiss for seating at least 75 guests at one time; and 2. A minimom of ten (10) guest room. Page 2 Ieteest: This term as used in this section includes any pecuniary intent in the owrerehip, operation, management or profits of a retail liquor establishuent, but does not include bane fide loans, bona fide fixed sum rental agreements, bona fide open accounts or other obligations held with or without security arising out of the ordinary and regdar course of business of selling or leasing merchandise, fixtures or supplies to such establishments or an interest of ten percent (10%) or less in any corporation homing a license. A person who receives moneys from time to time directly or indirectly from a licensns, in the absence of a bona fide consideration therefore and excluding bona fide gifts or donations, shall be deened to have a pecuniary interest in such retail license, In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. Iptex;"tdqI, Ljl!![: Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight. Jj!gg--ql! Preeiees: The premises described in the approved lice,.. application. In the case of a restaurant, club, or excludve bluor store licensed for on-sis of alcoholic beverages and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regula~y parked or operated. ~ Any beer, ale, or other beverage made from malt by fermentation and containing not less than one- half of one percent alcohol by volume. MN!g~IIZ~: A person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or producas intoxicating liquor for sale. Mieer: A person less than eighteen (18) years of age. Off Sale: The sale of alcoholic beverages in original packages for consumption eft or away from the licensed premises only. Qfi Sail The sale of alcoholic beverages by the glass or by the drink for consumption en the licensed premises only. ~ Piekale: A sealed or corked container in which the liquor is placed by the manufacturer. Pesen: The term "person." includes a natural person of either sex, a partnership, a corporation or association of persons, and the agent or manager or omployou of any of the aforesaid, The singular includes the plural, and the masculim pronoun includes the feminine and neuter. Premial; The inside of the building itself or the leased space inside a building as submitted on the floor plan submitted in conjunction with the initial application for license, Outside areas, such as any patios, parking lots or other areas shall not be included unless specifically listed on the license. Page 3 ~ An establishment, other than a hotel, of which the major business is preparing and sawing of lunches or roeall at tables to the general public to be comerod on the premises. Retail: Sale for consumption. Sale/SIp: Them terms shaft mean and include all barters and aft manners or means of furnishing intoxicating Ikluor(s) as heroin described. Wkleaak Any sale for purposas of male. W. blJg!J!~. A person who sails alcoholic hevernges to persons to whom saki is permitted from a stock maintained in a waram in the state. Wile: The product made from the normal aicohelic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condansad grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 14 percent alcohol by volume for nonindustrial use. Wine does not include distilled spirits. SECTIQJll 1: SNtien 5,501 ef 0rdis,'mee le. 853, City Cede ef ! 977, mining te the time ef Mdtl, iWerwhlehcmTeatlyr. d~ufellew~towit:. 5.501(1) No persun shall sell, or offer for sale any non-intoxicatiog malt liquor without a license issued pursuant to the provisions of this chapter. For purposes of this section, the definitions proscribed by 4.401(2) shag govern in the interpretation of such words found herein. 5.501(2) License applications under this section shall include a statement providing: (e) (b) (c) (d) (e) (g) (h) The name, address and age of the applicant, The applicant's citizenship and rasidency, Three character references, The ate of any other business to he operated in conjunction with the sale of beer, Whether the applicant is the owner or operator of such other business, and if so, the bngth of time in such business, Whether the application is for an "on-sale' or "off-sale" license, .In the case of corporations and partnerships, such information relating to the identity of each shareholder and partner as the Council may request, and Such other information as the Council may request. 5.501(31 "On-sale" licenses under this section slall only he granted in conjunction with the following businesses: drug stores, restaurants, hotels, bona fide clubs, and establishments for the sale of non-intoxicating malt beverages, cigars, cigararias, all forms of tobacco, beverages, and soft drinks at retail. Page 4 5.501(41 5.501(51 "Bona fide Club" as used herein is defined as my organization organized for social or business purposes or for intelctuol impromqt, or for the promotion of sports, where the serving of such liquors is incidental to and not the major purpose of the club. The Clerk shaft refer the application to the Chief of Police for an investigation of whether the applicant has any criminal record, and a report thereon. The application shall also he referred to the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether said premises are in compliance with applicable ordinaecas and regulations. A public hearing shall then he held before the Council, 8t which time the application for 8 licanse shall be considered. The Council may accept or reject the licm~se application in its discretion upon completion of the public hearing, subject to the following criteria: (a) (b) (c) (d) (e) (t~ (g) (h) (i) No license shall he issued to any minor. No license shaft be issued to any applicant who does not have a primary possesscry property interest in the promises or location for the sale of non-intoxicating malt liquor. No license shah he issued to any person convicted of a violation of any law directly related to the sole, possession, rearmlecture or transportation of liquor or beer, subject to the provisions of Mimiasota Statutes Chapter 364. No license shah be issued to any corporation or partnership unless each shareholder and partner therein would be individua~y eligible and qualified for said license. No license shaft be issued to any applicant for the sale of non-intoxicating malt liquor on any premises also occupied by a previous liconsee who was convicted of a violation of this chapter or where a license has been revoked by the Council within the last six months. No license shah be issued to any beer manufacturer. No license shah be issued to any applicant for a location within 300 feet of any public school or church, unless such license has ben previously approved when no school or .church was so situated. Licenses shall only be issued to qualified corporations or organizations, or to United States citizens who are residents of the State of Minnesota. No license shall be issued to any persun who is not of good moral character. No license shall be issued to any person who is also the owner and holder of a federal Page 5 5.501(6) retail liquor dealers special tax stamp for the sale of intoxicating liquor at any place unless them has also been issued to such person a license to soil intoxicating liquor pursuant to the laws of Minnesota. Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: (a) (b) (c) (d) (e) (f) (g) No gambling, nor any gambling device prohibited by law shah he permitted by the licensoe in the licensed premises, except for charitable gambling and charitable gambling devices only to the extent specifically authorized by resolution of the Council. (h) All licensees under this section shall maintain the sanitation conditions prescribed by 5.301 that am applicable to the ~irving of beverages. (i) Aft licensees under this section shall allow the business premises to he inspected by police or health officials at any time during which the promises are open to the public for business. No licensee or his agent may sell or permit the sale of beer licensed to he sold under this section between 1:00 a.m. and 8:00 am. on the days of Monday through Saturday, nor between the hours of 1:00 a.m. and 12:00 noon on Sunday. No license or his agent or any other person shah consume or allow to he consulned on the licensed premises any heor between the hours of 1:30 a.m. and 8:00 a.m. No licensoe or his agent shall permit the consumption of intoxicating liquor on the licensed premises, or the use of soft chinks to he used for mixing with intoxicating hewages, unless said licensoe has on intoxicating liquor license. No club shall sell beer to persons other than rremhers and guests in the company of fTembers, No person under the age of nineteen shah he employed on a premises licensed to sell beer "on-sale", to draw or serve beer. No persc!n or customer, other than the licensoe and his employees, may remain on any licensed premises after 1:30 a.m. 'No license or his agent shaft serve beer to a minor. No license shah permit an employee to continue to work on the prms for a period of ten days upon a first conviction for a violation of any provisions described herein, and for a period of one year upon a second conviction. (k) No licensoe or his agent shah make or permit a sale of beer to a minor. Page 6 5.501(7} 5.501(8} 5.501(9) 5.501(10) 5.501(11) (I} No license shall pelTnit minors to remain on the premises unless the licenses shall derive no more than twenty percent (20%) of its gross revenues generated on the licensed premises from the sale of beer and (i) unless the licensee allows seating only at booths and tabks and unless the license has a minimum seating capacity for at least 1 O0 persons, or {ii) unless the premises are those of a bona fide club. The Council shall mandatorily suspend the license of any person for a period of ten days upon a finding by the Council of a violation of 5.501(8){e). In any place licensed for "on-sales" the non-intoxicating malt liquor sold shall be served and consumed at tables in the dining or refreshment room of the caf6, restaurant, hotel or club, and shall not be consumed or served at bars; I~rovided the same may be served at counters where food is regularly served and consumed. All windows in the front of any such place shall be of clear glass, and the view of the whole interior shall he unobstructed by screens, trimmings, curtains, booths or partitions from a point five fset above the sidewalk line. There shall he no partition, box, stall, screen, curtain or other device which shah obstruct the view of any part of said room from the general observation of persons in said room; provided, however, that partitions, subdivisions or panels not higher than forty-eight inches from the floor shall not be construed as in conflict with the foregoing; and provided, however, such license shah entitle the holder thereof to serve non-intoxicating malt liqucre in a separate room of such restaurant to banquets or dinners at which are present not less then six persons. "Bona fide clubs" which provide seating for fifty (50) or mere persons, either at tables or in spectator areas, are exempt from the requirements of Sectjan 5.501{6) to the extent that minors may remain on the premises with the permission of the licensee and exempt from the requirement of Section 5.501 (8). Every applicant and license shall provide insurance in accordance with Section 5.503(15). Section 5.501 (1 O) is not applied to licensees who by affidavit establish that: (a) They are on-sale non-intoxicating malt liquor licensees with sales of less than; 10,000.00 of non-intoxicating malt liquor for the preceding year, or (b) They are off-sab non-intoxicating malt liquor licenses with sales of less than $20,000.00 of non-intoXicating malt liquor sales for the preceding year. SHALL HEREAFTER BE REWRITTElil AID AMENDED TO READ AS FOLLOWS: Seeden: 1- 3.2 PERCENT MALT UOUORS (BEER) 5.501(1) License Required. No person, except the holder of intoxicating liquor license, wholesalers and Page 7 manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the City of Cobenbia Heights without first having received a license as hereinafter provided. Licenses shall be of three kinds: (1) Retag "On-Sale" 3.2 Beer; (2) Retail "Off-Sale" 3.2 Beer; and (3) Retail Temporary "On-Sale" 3.2 beer. 5.501 (:2) "On-Sale" 3.2 beer licenses may be granted only to bona fide clubs, bowling establishments, restaurants and hotels where food is prepared and served for consumption on the premises or to the City of Columbia Heights for municipal facilities and events. "On-sale" 3.2 beer licenses shall permit the sale of beer for consumption on the premises only. 5.501 (3~ "Off-sale" 3.2 beer licenses shall permit the sale of 3.2 beer at retail in the original package for consumption off the premises only. 5.501(4) "Temporary on-ale" 3.2 beer licenses.my be granted to clubs, charitable, religious, or nonprofit organizations, or to the City of Columbia Heights for municipal facilities and events only. "Temporary on-sale 3.2 beer licenses shag be subject to any special terms and conditions as the City Council may prescribe. No more than three four-day, four three-day, six two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per year to any one organization or for any one location, within a twelve-month period. No more than one temporary license to any one organization or for any one location, within any 30-day period. 5.501(5) Every application for a license to sefi beer shah be made on a form supplied by the City. Applications shall be filed with the Clerk. It shag be unlawful to make any false statement in an application. By submitting an application, the applicant consents to any and all investigations the City deems appropriate and waives any claims the applicant may have. Copies of the application shah be submitted to such other City departments as the City Council shag deem necessary for verification and investigation of the facts set forth in the application. 5.501 (6} Applications for beer license__s shall state the following: (a) Whether the applicant is a natural persan, partnership, corporation or other form of organization; (b) FuN legal name of spldicant and applicants spouse, place and date of birth, street residence address and length of time at that address of the apldicant and spplicant's spouse; and any other information deemed necessary by the City Council or ismb~ authority. (c) Three character refemncns. (d) The nature of any other business to be operated in conjunction with the sale of beer and whether the applicant is the owner or operator of such other business, and if so, the length of time in such business. (8) In the case of corporations, partnerships, and other organizations, such information relating to the identity of each officer, director and partner as required in 5.501 (6~b). Page 8 5.501 (7) In the case of temporary beer applications, the application shall include the requirements as stated in 5.501 (8~ as weft as the following information: (a) Name and address of club/church. (b} Full legal name of person in charge of event if not applicant, apouse's full legal name if applicabio; date of birth, residence street address and length of time at that address of person in charge and spouse; and any other information deemed necessary by the City Council or issuing authority. (c) Site plan of the area where sales will occur indicating the size, location and nature of the premises planned to be used aiong with a depiction of its relationship to the adjacent premises. (d} Certificate of Incorporation. (e) Statement from property owner granting permission to applicant for use of the premises on which the stated activity is proposed. (f) Executed signature of an officer of the club/church. 5.501 (8) All applications shall be referred to the Chief of Police. The Chief of Police or hi/her designee is empowered to conduct any and aH investigations to verify the infonnatian on the application, including ordering a computeriznd criminal history inquiry obtained through the Criminal Justice System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. An investigation fee as set by City Council resolution shall accompany each application. The application shall also be referrod to the Chief of the Fire Department, the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in comldiance with applicable ordinances and regulations. A poblic hearing shall then he held before the City CounciL at which time the application for a license shall he considered. Opportunity shall he given to any person to he heard for or against the granting of the license at a public hearing. The Council may accept or reject the license application in its diocmtion upon completion of the public bearing. 5.501{9l Each license shall be issad to tbe applicant(s) only and shall not he transferable to another holder. Each license shall be issued only for tbe premises described in tbe application. 5.501(10) For temporary on-sale licenses, if the event is postponed becauss of weather, tbe city manager or his dasignee has the authority to change tbe effective dates of the license, as long as the total mount of hours approved by tbe city council does not change. 5.501(1 I) No license shall be granted to any person: (a) Who is under 21 years of age. (b) Who has been convicted of a felony, or any law of this state or local ordinance relating to the manufacture, transportation or sale of 3.2 percent malt beer or of intoxicating liquors. Page 9 (c) For the sale of 3.2 percent malt liquor on any premises also occupied by a previous license who was convicted of a violation of this ordinance. (d) Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured. (e) Who is not a citizen of the United States or a resident olbn, or upon whom it is impractical to conduct a background and financial investigation due to the unavaHability of information. (f) Who is not of good moral character and repute. (g) Who is or during the period of this license becomes, the holder of a federal retail liquor dealer's special tax stomp for the sale of intoxicating liquor at such place. (h) Who is not the proprietor of the establishment for which the license is issued. In the case of a temporary beer license, no license shah he issued to any applicant who is unabb to demonstrate that the applicant has permission to use the premises proposed to he licensed on the date{s) for which the license is sought. (a) No license shall he issued to any apprlcant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. 5.501(12) Licenses granted pursuant to the provisions of this chapter shall he subject to the following conditions: (a) No gembring, nor any gombling device allowed that is prohibited by law. (b) All ices under this section shall allow the business premises to be inspected by police or health officials at any time. (c) No sole of 3.2 percent malt liquor (beer) may he made between 1:00 a.m. and 8:00 a.m. on the days of 'Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. (d) No license who is not also licensed to sail intoxicating liquor shah all or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating rquor. The presence of intoxicating liquors on the premises of such a rmensee shah be prima facie evidence of possession of intoxicating liquors forthe purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shah he prime facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance. (e) No persun under eighteen (18) years of age shall he employed on the premise& except that persons under eighteen (18) years of age may he employed as musicians, bus boys and kitchen help. (f) No person or customer, other than the license and his employees, may remain on any licensed premises aftor 1:30 a.m. Page 10 (g) No licensee or his agent shall serve beer or permit the sale of beer to any person under 21 years of age. (h) Every license shall be msponsibb for the conduct of his place of business and shah maintain conditions of sobriety and order. The act of any employan on the licensed premises authorized to sell beer there is deemed the act of the license as well, and the license shall be liable to all penalties provided by ordinance, statute, or regulation equally with the employee. (i) No licensee shah permit 18, 19 and 20 year olde to remain on the promises unless to perform work for the establishment including the sale or serving of alcoholic beverages, consume meals, and attend social functions that am held in a portion of the establishment wbem liquor is not sold. 5.501(13) No license shah be granted for sale on any prerf~es where a licesee has been convicted of any violation of this ordinance, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation. 5.501 (14) No "on-sale" license shah be granted for a bona fide club which has not been in operation and eligible to receive o license for at least one year immediately preceding the application for a license. 5.501(15) Each application for a license must be accompanied by the applicshie license and investigation fees payment in full. As stated in Section 5.103{5){a) "Fees shah net he prorated unkms specifically authorized heroin, or by Council resolution, and am not refundable for any mason, including license revocation, suspension, denial or termination of the licensed activity". The annual fee for an "on-sale" and "off-sale" license shall be as set by City Council resolution. No licene shall be issued for a temporary beer license unless the apllcant has first paid an application fee and a license fee in an emount set by resolution of the Council. In the absence of a resolution, the application fee shall be ,500 and the license fee shall he 8100 per day or portion thereof. 5.501(16) "On-sale" and "Off-sale" licenses shall expire on the last day of December in each year. Each such license shall be issued for a period of one year, except that if a portion of the rH:ense year has elapsed when the application is made, a license may be issued for the remainder of the year. "Temporary on-sale" licenses are only good for the dates, times and locations specifically stated on the license. 5.501(17) At the time of filing an application for any on-sale or off-sale 3.2 percent beer license, the applicant shall file with the Clerk proof of financial responsibtty for liability. The issuer or surety on any liability insurance policy or bond shall be duly. licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution. The license and the City shah be named as joint insured on the liability insurance pormy. The policy shah be effective for the entire license year. Proof of financial responsibility may be provided by supplying to the Clerk any of the following items: a. A Certificate that there is in effect for the license period an insurance policy providing at least ,50,000 of coverage because of bodily injury to any one person in any one occurrence, ;100,000 Page 11 because of bodily injury to two or more persons in any one 'occurrence, ;10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and ~ 100,000 for loss of means of support of two or more persons in any 0116 OCCUrrGIICG; or b. A bond of a surety company with minimorn coverage as provided in clause (a); or c. A certificate of the State Treasurer that the liensee has deposited with that office; 100,000 in cash or securities which may lega~y be pumhased by savings banks or for trust funds having a market value of; 100,000. 5.501 (18) Liability Insurance for Temporary On-Sale Licon,~es. These liems must provide the same insurance provided in 5.501{17). The location of the event and date of the event must be indicated on the Certificate of Insurance. 5.501 (19) Any liability insurance required by this section must provide that it may not be cancaled for: Any cause, except for nonpayment of premium, by uitber the insured or the insurer unless the cancaling party has first given thirty days' notice in writing to the issuing authority of intent to cancel the policy; and be Nonpayment of promhen unless the cancaling party has first given tan days' notice in writing to the issuing authority of intent to cancel the policy. 5.501(20) The operation of an on-sab, off-sale, or temporary on sale beer license without having on file at all times with the City the ~abtty insurance policy or other widen. of financial responsibility required herein shall be grounds for immediate revocation of the license. Notice of cance~ation of a current liquor liabifity policy serves as notice to the liensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage. 5.501(21) Every license shall be granted subject to the conditions and provisions of this ordinance and of other applicabb ordinances of the City or State law. 5,501 (22) Aft licensed premises shaft have the license posted in a conspicuous place at all times. 5,501(23) No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishfnent licensed to sell at retail contrary to the provisions of Minnesota State Statute 340A.308. No retail licensee and manufacturer or whobsaler of beer shall be parties to any exclusive purchase contract. No retail license shall receive my benefits contrary to law from a manufacturer or wheiesaier of beer and no such manufacturer or wholesjr shall confer any benefits contrary to law upon a retail licansee. 5.501(24) Any peace officer shall have the unqualified right to enter, inspect and search the promises of a license Page 12 during business hours without a search and seizure warrant and may, in the absence of a license to se~ intoxicating liquor, seize all intoxicating liquors found on the licensed premises. Business hours shah be deemed any time when licensee or employees am present on the premises. Refusal to permit such inspection is a violation of this ordinance and grounds for mvucation of ricerise. 5.501 (25) Any person violating any provision of this section shaft be guilty of a misdemeanor. SECTlOll 9: 5.509(1) 5.509(2) 5.509(31 Seedee 5,509 ef Oldinn- :a Ib. 853, City Cede ef 1977, pertaining to Single Event Club Beer Lieureas whidl :;~., aJbtly ads as febera, te wit: On-sale licenses for the sale of non-intoxicating malt liquor may be issued to bona fide clubs, as defined herein, for a singb want as set forth in this section. License applicants under this section shah include a statement providing the following: a. Name and address of club, b. Sketch of an area plan depicting the size, location and nature of the premises planned to be used along with a depiction of its relationship to adjacent premises. c. Statement of applicant's plan for policing the premises. d. Applicant's plan for preventing the sale of non-intoxicating malt liquor to operators of rides and concessions, if applicable, e. The true name of the person in ch&'ge. f. Place and date of birth of the person in charge. g. Residence strant address of the person in charge of the liquor operation and whether the person in charge of the iquor operation is married or singb. If married, the true name and place and date of birth and residence street address of the person in charge's spouse. h. Statement showing spplicant's plan for cleaning the premises. i. Executed .signature of an officar of the corporation. The Council may, at its option, require a license applicant to include a statement providing the fogowing: (a) (b) (c) (d) (e) (f) (g) Date of Incorporation of club. Certified copy of the Articles of Incorporation. Certifbd copy of the By-laws of the club, including therein a definition of the word "member". A list of the membership. A copy of the Charter, if any. List of corporate officers and Board of Directors. A copy of Resolution of the club appointing a person to be in full charge of liquor operation. Page 13 5.509(4) 5.509(5) 5.50t61 5.509(7) (h) (i) {j) (k) Description of off-street parking that is available. Zoning of land on which the proposed activity will take place, Statement showing that applicant has permission to use the promises on which the activity is proposed. Applicant's plan for preventing the sale of non-intoxicating malt liquor to operators of rides and concessions. Proof of insurance in accordance with 5.503(15). "Bona fide club" as used in this section is defined as any organization which meets the criteria of 5.501((3) of this code, 5.502(1), or is a church physically located with the City. The Clerk shall refer the application to th~ Chief of Police for an investigation of whether or not the applicant has any criminal record and report thereon. The application shall also be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether the said premises to be licensed are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the Council, at which time the application for a license shah be considered. The Council may accept or reject the license application in its discretion upon completion of the public hearing, subject to the following criteria: (a) No license shall be issued to any applicant who is unable to demonstrate that applicant has permission to use the premises proposed to be licensed on the date(s) for which the license is sought. (b) No license shah be issued to any club who has a member convicted of a violation of any law directly related to the sub, possession, manufacture or transportation of beer or liquor, subject to the provisions of Minnesota Statutes Chapter 364. (C) No license shall be issued ufdass the applicant shall have made adequate plans and provisions to keep the beer within the premises and to clean up the premises after conclusion of the event. (d) No license shah be issued unless the applicant has first paid an application fee, license- fee, and clean up deposit fee in an amount set by Resolution of the Council. In the absence of a Resolution, the application fee shall be ;500.00, the license fee shall be ~100.00 per day or portion thereof, and the clean-up deposit fee shaft be ~500.00. The clean-up deposit less the City's cost of clean-up and administration shall be returned to the applicant. Licenses granted pursuant to the provisions of this Chapter shall be subject to the following conditionr. Page 14 5.509(8) (a) No licensan or his agent may sell or permit the sab of beer licensed to be sold under this section between the hours of 1:00 a.m. and 8:00 a,m. on days Monday through Saturday, nor between the hours of 1:00 a.m. and 12:00 noon on Sunday. No licensee or'his agent or any other person shall consume or allow to he consumed on the licensed premises any beer between the hours of 1:30 a.m. and 8:00 a.m. Should the Council decide to additinmdly restrict the hours of sale in granting the license, no licensee or his agent may sell or permit the sale of beer at any time not specifically allowed in such (b) All licenses under this section shall allow the business premises to be inspected by police or health officials at any ti~e during which the premises am open to the public for business. (c) All licensees under this section shall maintain the sanitation conditions prescribed by 5,301 that are applicable to the sewing of beverages. {d) No person under the age of nineteen (19) years shall be employed on a premises licensed to sell ber "on-sale", to draw or serve beer. (8) No person or customer, other than the licensee and his employees, may remain on any licensed premises after one-half hour after closing. (f) No licensee or his agent shaft serve beer to a minor. (g) No license or his agent shall make or permit a sale of beer to a minor or to any obviously intoxicated persop. (h) No liceme or his agent shah permit or allow any person to take beer from the licensed premises without the permission of the Council. (i) No license or his agent shall serve beer in any glass or metal container. (j) When a beer license is granted in conjunction with an event at which a carnival is operating, no liconsee or his agent shah make any sale of beer to any person who operates any ride or concession at such camivai. Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of net morn than ~700.00 and imprisofvnent for not morn than ninety (90) days. IS HERBY REPEALED. Page 15 SECTIN 4: SNtiee 5.504 ef 0rdinalme lie. 853, City Cede ef 1977, pertaining te the Iiureiq ef Wine On-Sub wliidl cu:: a~:tly reads a~ fellewe te wit: 5.504(1) No person except wholesalers or manufacturers to the extent authorized under state license shall sell or offer for sale any wine without first having raved an on-aM wine license issued pursuant to the provisions of this chapter, or an intoxicating liquor license issued pursuant to this chapter. 5.50412) Definitions shall he as follows: (a) "Intoxicating liquor" and "liquor" means ethyl alcohol, distilled, fermented, spiritous, vinous, and malt beverages cont,aining in excess of 3.2% of alcohol by weight. (b) "Sale" and "self and "sold" means a~ barters for pecuniary gain, or all manner and means of furnishing wine in violation or evasion of law. (C) "Off-sale" means the sale of wine in original packages in retail stores for consumption off or away from the premises where sold. (d) "On-sale" means the sale of wine for consumption on the premises only. (e) "Package" or "original package" means any container or receptacle holding liquor, which container or receptacle is corked or sealed. (f) "Minor" is a person less than nineteen (19) years of age. (g) "Hotel" shaft he defined as provided in Section 5.503(1)(f). (h) "Intersst" shall be defined as provided in Section 5.503(I)(i). (i) The term, "on-sab wine license", maps a licerise authorizing the sale of wine and non- intoxicating malt liquor for consumption on the liceneed premises only in conjunction with the sale of food. (j) The term, "restaurant" when used in connection with "on-sale wine licenses" means an establishment, ether than a hotel, under the contrd of a single proprietor or manager, having appropriate facilities for and the primary Ixxlmse of the serving of meals propared on the licensed premises, and where, in consideration of payment thersforo, meab am regularly sewed at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests. Such establishment shall have facilities for seating not less than 75 guests at one time. At least eighty percent (80%) of annual gross receipts of the establishment must result from the sale of food. Page 16 5.504131 5.504(4) 5.50zU51 5.504(61 Such establishment shall net have a facility, the primary purpose of which is the sefting and serving of non-intoxicatiag malt liquor or wine, where persons purchase or consume or are served non-intoxicating malt liquor or wine at an elevated counter, commonly known as a bar. (k) "Wine" meg a beverage containing net more than fourteen percent (14%) of alcohol by volume and made by the fermantadon of grapes, grape juice, other finite or honey. Every application for a license shell be verified and'filed with the City Clerk. No license may be issued unless at the time of application the applicant shall have paid an investigation fee as the Council shaft set by resolution, the fee shal, I he $250.00. The Council may waive a portion of the fee upon a finding that the application for a license is caused by a mere corporate reorganization with none of the owners of five or mere percent interest holders changing. Provided, however, that 'such investigation fee shall he required because of a change in the ownership or control of a licensed corporation or because a person not previously listed in the original application shall seek to acquire or shall have acquired an interest of five percent or more of the ownership of the corporation. No investigation fee shall be charged simply because of the incorporation of an existing licensee without change of ownership, control and interest in the premises or license. At any time that an additional investigation is required because of an alteration, enlargement, or extension of premises previoudy licensed or a transfer from place to place, the licensee shaft pay an additional investigation fan of; 100.00. Should the City Council find that an investigation is required outside the State of Minnesota, the Council may require an investigation fee of up to ;2000.00 or such lesser SLIm as the Council may set by resolution. Upon completion of the investigation, the omount of such fee for an outside- thestate investigation not actually expanded, including staff costs, shall he refunded to the applicant. In addition to the information which may he required by the State Liquor Control Commissioner's form, the on-sale wine license application shall contain the information as provided in Section 5.503(4). All on-sale wine license applications shaft he referred to the Chief of Police for an investigation of whether the applicant has any criminal record, and a report thereon, and to such other City department as the City Manager shall direct for verification and investigation of the facts set forth in the application. The application shah also he referred to the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public heating shall then be held before the Council, at which time the applicstiou for a license shall he considered. The Council may accept or reject the license application in its discretion upon completion of the public hearing, subject to the following criteria: Page 17 (a) (b) (c) (d) (e) (f) (g) (h) (i) (k) No license shag be issued to any peran under nineteen (19) years of age. No license shaft be issued to any applicant who does not have a primary posseseory property interest in the premises or location for the sale of wine. No license shaft be issued to any person convicted of a violation of any law directly related to the sale, possession, manufacture or transportation of liquor, beer or wine, subject to the provisions of Minnesota Statutes Chapter 364. No license shall be issued to any corporation or partnership unless each shareholder and partner therein would be individu,aOy eligible and qualified for said license. No license sisaft be issued to any applicant for the sale of wine on any premises also occupied by a previous kensee who was convicted of a violation of this chapter or where a license has been revoked by the Council within the lest six months. No license shaft be issued to any wine or beer manufacturer. No license shall he granted for any hotel or restaurant building, the nearest point of which building structure is within 200 feet of the center of the main or front door of a church measured in a straight line. A church shaft have only one main or front door for the purposes of this subdivision. The erection of a church within a prohibited area or a change of location of a main or front door, after an originel application hes been granted, shaft not, in and of itself, render suc~ premises ineligible for renewal of the license; and no license shell be granted for any hotel or restaurant building, the nearest point of which measured in a straight line, is within 300 feet of a school building. Licenses shall only be issued to qualified corporations or organizations, or to United States citizens who are residents of the State of Minnesota. No license shall be issued to any person who is not of good moral character and repute. No license shall be issued to any persen who is also the owner and holder of a federal retell liquor dealers special tax stamp for the sale of intoxicating liquor at any place unless them has also been issted to such person a license to sell intoxicating liquor pursuant to the laws of Minnesota, No license shall be issued to any applicant which owns an interest in more than one establishment or business within the City of Columbia Heights for which an on-sale wine license has been issued. (I) No license shall be issued for premises other than a hotel or restaurant. Page 18 5.504(7) Application for the renewal of an existing on-sale wine license shah he made at least 60 days prior to the date of the expiration of the license. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an on-HIe license, and in any event prior to the time that the application is considered by the City Council, the applicant shall file with the City Clerk a statement prepared by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve-month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority. 5.504(81 If the application is by a natural person, it shall be signed and sworn to by such persons; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. 5.5~9l On-sale wine license fees shah he as fofiows: (a) The initial license fee shell be paid in full before the application for a license is accepted. Renewal license fees shah he paid in fu~ by December 20 preceding each calendar year. All fees shag be paid into the general fond of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the City Council, the license fen shall he refunded to the applicam. (b) The fan for an on-sab license granted after the cmncernent of the license year shall be prorated on a daily basis. (c) When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall he 90 days after approval of the license by the City CouocH or upon the date the building is ready for occupancy, whichever is sooner. (d) No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application. (8) No part of the fee paid for any license issued under this ordinance shall be refunded as a result of the suspension or revocation of a license under this ordinance. The City Council may in its judgment refund a pro rata portion of the fan paid for the unexpired portion of a license fen, when operation of the licensed business ceases not less than one month before the expiration of the license because of: Page 19 5.504(10) (i) Destruction or damage of the licensed premises by fire or other catastrophe, (ii) The licenme's illness. (Hi) The licenme's death. (iv) A change in the legal status of the municipality making it unlawful for a licensed business to continue. (f) Where a new application is filed p a result of incorporation by an existing licensse and the ownership control and interest in the license ore unchanged, no additional license fee will be required. (g) The annual license fee shall he st by resolution of the Council. In the absence of a resolution, the annual license fee shaft he ;2000.00. On-sale wine licenses granted pursuant to the provisions of this chapter shah be subject to the following conditions: (a) Every license shall he granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. (b) The license shall he posted in a conspicuous piece in the licensed establishment at all times. (c) Any police officer, building inspector, or any empioym so designated by the City Manager, shall have the unqualified right to enter, inspect, and march the licensed premises without a warrant during normal business hours and two hours thereafter if persons are observed upon the licensed premises. (d) Every license shah he responsibb for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the prsmisss. (e) No on-sale license shall sell wine off-sale. (f) No license shall he effective beyond the space named in the license for which it was granted. (g) No wine shall he sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by state law. Page 20 {h) No person under 19 yam of age shall sewe wine in any rooms constituting the place in which wine is sold at retail on sale. No person under 18 years of age shall he employed in any rooms constituting the place in which wine is sold at retail "on-sale", except that persons under 18 years of age may he employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel sewing food in rooms in which wine is sold at retail "on-sale". (i) No licensee shall seg, offer for sale, or keep for sale, wine from any original package which has been refilbd or partly refilled. No licansee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcohdic content while in the original package. Possession on the premises by the licensee of a~y wine in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was pu.rchased, shah be prime facie evince that the contents of the original package have been diluted, changed or tampered with. No licensee or person employed on tbe licensed premises shag apply for or possess a Federal Wholesale Liquor Deaier's special tax stomp or a federal gambling stamp. (k) No license shall keep ethyl alcohol or neutral epidts on the licensed promises or permit their use on the premises as a beverage or mixed with a beverage except for beverages licensed hereunder. The business records of the liceneon, including federal and state tax returns, shall he available for inspection by the City Manager, or other duly authorized representative of the City at ag reasonable times. (m) No licensee shah knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to he used as a resort for prostitutes. (n) No license shag keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed promlees; and he shall not permit any gambling therein. Provided, however, that charitable gambling and charitable gambl~ devices shag be permitted only to the extent .specifically authorized by resolution of the Council. (0) A licensed restaurant shah be conducted in such a manner that eighty percent (80%) or more of the annual gross receipts for a license year is attributable to or derived from the sewing of food. A hotel shah be condin-ted in such a manner that, of that part of the total annual gross receipts attributable to or derived from the sewing of food and wine, eighty percent (80%} or more of the annual gross receipts for a license year is the sewing of food. Page 21 5.504(11) 5.504(12) 5.504(13) No sale of wine far consumption on a licensed premises may be made (1) betwen 1:00 a.m. and 8:00 a.m. on the days of Tuesday through Saturday; (2) between 12:00 midnight and 8:00 a.m. on Mondays; {3) after 1:00 a.m. on Sundays; ar (4) between 8:00 p.m. on December 24 and 8:00 a.m. on December :25. No liconsee shah permit the consumption of wine upon licensed premises between the hours of 1:30 a.m. and 8:00 a.m, on days Tuesday through Saturday nar after 12:30 a.m. on Sunday. No sale of wine shall be made to or in guest rooms of hotels unless the rules of such hotel provide for the service of meals in guest rooms or onles the sale of such wine is made in the manner on sabs are required to be made or unless such sale accompanies and is incidental to the regular service of meals to guests therein or unless the rules of such hotel and the description, location, and number of such guest rooms are fully ~et out in the application for a license. Restrictions on purchase and Consumption am as follows: (a) No license, his agent, ar employee shall serve or dispense upon the licensed premises wine to any person under the age of 19 years; nor shah such licensoe, his agent, or employee permit any person under the age of 19 years to be furnished or consume wine on the licensed premises; nor shall such licensee, his agent, or employee permit any person under the age of 19 years to be delivered any wine. (b) No person under 19 years of age shah misrepresent his age for the purpose of obtaining wine nor shall be enter any premises licensed for the retail on-sale of wine for the purpose of purchasing ar having served ar delivered to him for consuming any such wine nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any wine. (c) No person under 19 years of age shall receive delivery of wine. (d) No person shall induce a person under the age of 19 years to purchase or procure or obtain wine. (e) Proof of age for purposes of consuming, purchasing, or possessing wine, the constenp.tion, sale, ar possession of which is regulated by age may only be established by a valid driver license or a current nonqualification certificate issued pursuant to Minnesota Statute, Section 171.07. (f) No person shah give, sell, prucum, or purchase wife to or for any person to whom the sale of wine is farbidden by law. (g) No person shah mix or prepare wine far con. sumptlon or consume in any public place not licensed in accordance with the ordinances of the City of Columbia Heights and State of Minnesota. Page 22 5.504(14) Every applicant and license shall provide insurance in accordance with Section 5.503(15). 5.504(15) The City Council may suspend or revoke any on-Hie wins license for the violation of any provision or condition of this ordinance or of any state law or federal law regulating the sale of wine, and shah revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shah revoke for failure to keep the insurance required by Section 2 14 in full force and effect. Except in the case of a suspension pending a hearing on revocation, mandatory revocation or suspension by the Council shag he preceded by written notice to the licensea and a public hearing. The notice shah give at bast ten days' no,rice of the time and place of the hearing and shall state the nature of the charges against the license. The Council may, without any notice, suspend any license pending a hearing on avocation for a period not exceeding 30 days. The notice may be sewed upon the license personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. 5.504(16) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fins of not more than Five Hundred Dollars (,500.00) and imprisonment for not more than 90 days. SHALL IIEIIEAFTER BE REWRITTEI AID AMEIDED TO READ AS FOLLOWS: Seetbll 4- On Sale Wine 5.504( 1 ) No person, except whobsalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, set or keep for sale any wine without first having received an on-ale wine ficense as provided in this section or an intoxicating liquor license. The term "on sale wins license" means a license authorizing the sale of wine and 3.2 malt liquor for consumption on the licensed premises only in conjunction with the sale of food. 5.504(2) "On-Sale Wins" licenses shaft be granted only to restaurants which are conducted in such a mannsr that at least sixty percent (60%) of the annual gross receipts of the establishment must be derived from or attributable to the sale ef food. Such establishment shall have facilities for seating not less than 75 guests at one time. A hotel shall be digilde for an on-sale wins license provided that, of that part of the total annual gross receipts attributable to or derived from the serving of food and wins, sixty percent (60%} or more of the annual gross receipts for a license year is the serving of fond, the dining area must seat a mildmum of 75 people at tables, and the hotel must have a minimum of 10 rooms. 5.504(3) A holder of an on-sale wins license who is in compfiance with all requirements of this section may sell intoxicating malt liquor {strong beer) on-sale without an additional license. Page 23 5.504(4} Only the sale of wine net exceeding 14 per cant alcohol by volume for consumption on the licensed premises in conjunction with the sale of food shah he permitted, 5,504(5} The number of wine licenses issued are unlimited and are not counted in the number of intoxicating liquor licenses allowed under State Statute. 5.504(6} Every application for a license to sell wine on-sale shall be made on a form supplied by the City. Applications shall be filed with the Clerk. It shall be unlawful to make any false statement in an application. By submitting an application, the applicant cc,.qsents to any and all ioveStigatione the City deems appropriate and waives my claims the applicant may have. Copies of the epiication shah he submitted to such other City departments as the City Council shall deem necessary for v,erification and investigation of the facts set forth in the application. 5.504(71 No ~cense will he issued unless at the time of application the applicant has paid the license fee in full and a non-refundable investigation fee as set by City Council mselution. In the absence of a resolution, the license fee shah be $2,000; where ag applicants are in-state, the investigation fee will he ~500; where any applicants are out of state, the investigation fee shaft he ;2,000. If the investigation fee for in-state or out of state applicants exceeds the minimum fee, the additional costs of the investigation wm he billed to the applicant{s). A new application shall he submitted and a license fee and investigation fee paid when there is a change in ownership or control of a licensed corporation. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. in any case, the investigation fan wi~ he non-refundable. The license fee for an on-sale license granted after the commencement of the license year shall he pro-rated on a monthly basis. All licenses shall expire on the last day of December of each year. 5.504(6} In addition to the information required on the State Liquor Control Cornmissioner's form, the on-sale wine license application shall contain the following information: (a) Type of license applicant seeks. (b) Whether the applicant is a natural person, corporation, partnership, or other form of organization. (c) Full legal name of applicant and applicants spouse, place and date of birth, street address of residence and length of time at that address of the applicant and applicant's spouse; and any other information deemed necessary by the City Council or issuing authority, (d) Whether the applicant has ever used or been known by a name other than his/her tree name, and, if so, what was such name or names and information concerning dates and places where used. (e) Name of business. (f) The nature of any other business to be operated in conjunction with the on-sale of wine and Page 24 whether the applicant is the owner or operate of such other business, and if so, the length of time in such business. (g) Street addresses at which applicant and current spouse have lined during the preceding ten years. (h) Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. (i) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding tan years. (j) Whether applicant or spouse has ener been convicted of any felony, crime, or violation of any ordinance other than traffic. If se, the applicant shall furnish information as to the time, place and offense for which convictions were had. (k) Whether applicant or spouse has ever been engaged as an employee or in operating a saloon, hotel restenfant, car§, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place, and length of time. (I) Whether applicant has ever been in military service. If so, applicant shall attach DDI214 form. (m) In the case of corporations, partnerships, or other form of organization, such information relating to the identity of each officer, director and partner as required in 5.503(9)(c). (n) !f the applicant is a corporation or other organization and is applying for an on sale license, the following wi~ be required: (i) Name and, if incorporated, the state of incorporation. (ii) A true copy of Certificate of Incorporation or other documentation of legal status. (o) Three character references located within the State of Minnesota. 5.504(lR A~ applications shaft be referred to the Chief of Police. The Chief of Police or his/her designan is empowered to conduct any and all investigations to verify the information on the application, including ordering a computoriznd criminal his-tory inquiry obtained through the Criminal Justice System and/or a driner's license history inquiry as recorded by the State Department of Public Safety an the applicant. The application shall also be referred to the Chief of the Fire Department, the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the City Council, at which time the application for a license shall be considered. Opportueity shall be given to any persen to be heard for or against the granting of the license at a public hearing. Page 25 The Council may accept or reject the license application in its discretion upon completion of the public hearing. 5.504(10) Each license shall be issued to the applicant(s) only and shall not be transferable to another holder. Each liclnse shall be issued only for the premises described in the application. 5.504(11) No license shall be granted to any persan: (a) (b) (c) (d) (8) (f) (g) {h) (i) (j) Wbe is less than 21 years of age. Who is not the proprietor of the establishment for which the license is issued. Who has been convicted of a felony or any vielati~n of law of this state or local ordinance relating to the manufacture, transportation or sale of beer, wine, or of intoxicating liquors. For the sale of wine on any premises also occupied by a previous license who was convicted of a violation of this ordinance or where a license has been revoked by the City Council. Who is a manufacturer of wine or beer. No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. Who is not a citizen of the United States or a resident albn, or upon when it is impractical to conduct a background and financial investigation due to the unavailabiHty of information. Who is not of good moral character and repute. Who is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place. No wine license shall be issued for premise other than a hotel or restaurant. 5.504(12) At the time application is made for a renewal of an on-sale license, the applicant shall file with the Clerk a statement prepared by a Certifbd Public Accountant that ms the total gross sabs and the total food sales of the mstouront for the twO.e-month period immediately preceding the date for flng renewal applications. 5.504(13) If the application is made by a natural persen, it shall be signed and swom to by such person; if by a corporation or other organization, by an authorized representative of the same. 5.504(14) 0n-sale wine license granted pursuant to the provisions of this section shall be subject to the following conditions: Page 26 (a) (b) (c) (d) (e) (f) (g) (h) The license shall be posted in a conspicuous place in the licensed establishment at all times. All licensees under this section shall allow the business promises to he inspected by police or health officials at any time; Every license shall he responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The oct of any employee on the licensed premises authorized to sell beer there is deemed the oct of the license as we!l, and the license shall he liabb to all penalties provided by ordinance, statute, or regulation equally with the employee.' No on-sale licensee shaft sefi wine off-sale. No license shall be effective beyond the spoce named in the license for which it was granted. No wine shah be sold or furnished or deiivored to any obviously intoxicated person, or to any person to whom sale is prohibited by state law. No license shall permit 18, 19 or 20 year old persons to remain on the premises unless to perform work for the establishment including the sab or serving of alceholic beverages, consume meals, and attend social functions that are held in a portion of the establishnant where liquor is not sold. No license shaft sell, offer for sale, or keep for sale, wine from any original package which has been refllkd or partly refilled. No lice ._f;e__ shall directly or through any other persen delete or in any manner tamper with the contents of any original pockage so as to change its composition or alcoholic content whl in the original pockage. Possession on the premises by the licensee of any wine in the original package differing in composition or alcoholic content in the liquor when received from the manufocturer or wheioseler from whom it was purchased, shah be prima focle evidence that the contents of the original package have been diluted, tampered with, or changed. No gambling allowed, nor any gembring device prohibited by law. 5.504(15) No sale of wine may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m.a.nd 12:00 noon on Sunday. 5.504(16) At the time of .filing an application for any on-sale wine license, the applicant shall file with the Clerk proof of financial responsibility fur liability. The issuer or surety on any ~ability insurance palicy or bond shall be duly Hconsed to do business in the State of Minnesota, and aH documents shall be approved as to content, form and execution. The license and the City shall be named as joint insured on the liability insurance policy. The policy shah be effective for the entire license year. Proof of financial responsibility may be provided by supplying to the Clerk any of the following items: Page 27 a. A Certificate that there is in effect for the license period an insurance policy providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, ~ 100,000 because of bodily injury to two or mare persons in any one occurrence, ~ 10,000 because of injury to or destruction of property of others in any one occurrence, ~50,000 for loss of means of support of any one person in any one occurrence, and tl 00,000 for loss of means of support of two or more persons in any one occurrence; or b. A bond of a surety company with mine coverages as provided in clause (a); or c. A certificate of the state treasurer that the licensee has deposited with that office; 100,000 in cash or securities which may legally he purchased by savings banks or for trust funds having a market value of; 100,000. The operation of a wins license without having on file at all times with the City the liabigty insurance policy or other widence of financial responsibility required herein shall be grounds for immediate revocation of the license. Notice of cancdlation of a currant liquor liability policy serves as notice to the licenee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will he revoked instantly upon the lapse in coverage. 5.504(17) Any ~ability insurance required by this section must provide that it may not he canceled for: (a) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given thirty days' notice in writing to the issuing authority of intent to cancel the policy; and (b) Nonpayment of premium unless the canceling party has first given ten days' notice in writing to the issuing authority of intent to cancel the policy. 5.504(18) The City Council may suspend or revoke any on-seio wine license for the videlion of any provision or condition of this ordinance or of any state law or federal law regulating the sale of wine, and shall revoke such license fer any wild violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke fer failure to keep the insurance required by 5.504(17 and 18) in full force and effect. 5.504(19) Nonmandatory mvucation or suspension by the Council shall he preceded by written notice to the licensee and a public hearing. The notice shall give at least ten days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period net exceeding 30 days. The notice may he served upon the licensee personaNy or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. 5.504(20) Any persen violating any provision of this ordinance shall he guilty of a misdemeanor, and upon conviction thereof, shall be punished as per State Statute. Page 28 SECTlllil 7: 5.507(1) 5.507(21 5.507(3) 5.507(4) 5.507(5} 5.507(6) 5.507(7) Seeden 5.567 ef Ordimaase lie. 853, City Cede ef 1977, mining te tim lineaN ef Sanrim/On-Sale Wine wldel earreedy reed, as feb te wit: Establishments to which on-sub licenses have been issued or hereafter may be issued, pursuant to Section 5.504 may serve wine between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food, provided that such establishment is in conformance with the following, to wit: (a) (b) (c) the Minnesota Clean Indoor Air Act; the licensing provisions of Section 5.504; the applicant is not in violation o.f any provision of this code. No person, firm or corporation shall sell or serve, directly or indirectly, wine pursuant to Section 5.507(1) without having first Obtained a special license pursuant to this section. A Sunday wine license may be issued only for a one (1) year period coinciding with the dates of applicant's other license, for a fee of ,200.00. If Minnesota Statute Section 340.14, Subd. 5(b) is mended to allow charging a fee in excess of ,200.00, the Council may, by resolution, charge a fee in excess thereof. Any license granted hemunder may be revoked for cause or for any violation of Section 5.504. The provisions of Minnesota Statute Section 340.112 shall apply to Sunday wine licenses. No license to serve wine on Sunday shah be granted under this chapter unless the applicant makes application pursuant to Section 5.504 of this Code. The provisions of Section 5.504(16) shall apply to any person, firm or corporation selling or serving beverages in violation of this section. SHALL NEIIEAFTER BE REPEALED. First Reading: Second Reading: Date of Passage: Offered by Seconded by: Roll Call: Patricia Muscovitz, Council Secretary Mayor, Gary L. Peterson Page 29 City of Columbia Heights Park and Recreation Commission June 28, 2000 THESE MINUTES HAVE NOT BEEN A F,P, OVED The meeting was called to order by Eileen Evans at 6:33 p.m. ROLL CALL Members present: Eileen Evans; Pat Cullen; Jerry Foss;Bob Ruettiman; Gary Mayer; Scott Niemeyer; Gary Peterson; Keith Windsehitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Members absent: Bruce Magnuson APPROVAL CONSENT AGENDA Motion by Foss, second by Niemeyer to approve the consent agenda. All ayes, motion carried. LETTERS AND REQUESTS REQUEST FOR USE OF MAIN HALL, LABELLE LOUNGE & KITCHEN / JOHN ROCKWELL. HITES FOOTBALL Membeva reviewed the letter from Mr. Rockwell in which he requests use of the Main Hall, LaBelle Lounge and kitchen for the first annual Columbia Heights Football Alumni Social on Friday, September 15, 2000, with the fee being waived. Members agreed that we should follow the new policy regarding fee-waived usage. Motion by Foss, second by Ruettimann to deny the fee-waived request and allow the usage with the group paying the $40 opening fee and $15 per hour for eustodial staff. All ayes, carried. OLD BUSINESS REVIEW PRESTEMON PARK PLAYGROUND EQUIPMENT The Public Works Director/City Engineer displayed plans for the playground equipment. at Prestemon. The installation of new playground equipment had been delayed pending the results of the DNR grant; however, the DNR program has been cut by the 2000 State legislature, so the city will not receive the grant monies that were applied for by the Public Works Department. Another grant will possibly be available in 2001. Staff has been receiving calls from residents regarding Prestemon Park. Staff intends to install age-oriented playground equipment. Each section would be separated by concrete walkways. There is $30,000 budgeted in 2000 for the Prestemon project. Parks crews have been building the base and curbing will be done soon. REVIEW PROCESS FOR PUBLIC INPUT ON PLAYGROUND EQUIPMENT SELECTION The Public Works Director/City Engineer advised members that he has been receiving input and meeting with individually with the residents near Prestemon Park regarding the playground PAGE TWO equipment project. This method for public comments is time intensive and has not achieved the desired input. Staff proposed one or two alternatives to effectively gather public input. Generally, invite vendors to produce a plan for the particular park, and then invite the neighborhood to select the playground equipment that will be installed. The meeting could be held prior to a Park and Recreation Commission meeting or staff could gather the input to report back to the commission. Members suggested that this be done at park buildings prior to a regular meeting. VOLUNTEER COACH FEE-WAIVED PROPOSAL The Recreation Director explained that we have had a shortage of volunteer coaches, so staff would like to waive their program fees to encourage more participation. Coaches would have the fee waived for their child in a house league or traveling program. The programs that do not qualify are Traveling Basketball, East River Hockey, and F~dley-Heights Soccer programs. Motion by Ruettimann, second by Cullen to adopt the volunteer coach fee-waived pwposal in which a maximum of two coaches per team would have their program fee waived providing they pass a background check and complete the season. All ayes, motion carried. MURZyN HALL REAR PARKING LOT The Public Works Director/City Engineer discussed the differences in the two possible repairs of the rear Murzyn Hall parking lot. We can either do a complete reconstruction with concrete out from the rear doorway, new curb and gutter included, or we can mill it and do a 2" overlay which will cost less, but also will not last as long. The price difference is $58,000. The Public Works Director/City Engineer does not recommend paving over the lot as it is now. Members asked why our crews cannot do some of the work. The Public Works Director/City Engineer explained that they don't have enough staff or time to do all the work in-house; however, he will check to see if some of the would could be done in-house. Members also wondered why this project would be paid for out of the Murzyn Hall budget. Keith explained that the two companies he contacted would mill from the building and slope the lot away from the rear doorway to help with drainage. Members discussed whether or not we should spend a large amount of money on this project when there is a chance we could someday build a new community center. The Recreation Director stated that we have $14,000 budgeted for parking lot maintenance, which would pay for the majority of the parking lot repair. Motion by Fuss, second by Cullen to repair the upper drive and upper lot with a mill and overlay, with Public Works helping to prepare bid specs and shoot elevations of the lot. All ayes, Ruettimann abstained, motion earfled. EVENT WAC,,ON RESERVATION POLICY AND APPLICATION Staff and members viewed the Event Wagon and its contents. Members reviewed the inventory list. The Event Wagon will be dropped off on a Friday and picked up the following Monday. NEW BUSINESS PAGE THREE REVIEW OF QUOTES FOR BANDSHELL REMOVAL The Public Works Director/City Engineer advised members that it will cost between $4,000 and $6,000 to remove the bandshell. It is not used very much, needs a lot of repairs, and costs quite a bit for electricity and maintenance. Motion by Foss, second by Niemeyer to recommend to the City Council that the bandshell be removed. All ayes, motion earfled. REPORTS RECRF4~TION DIRECTOR All youth and senior trips are filled. Many have waiting lists. Staff received good comments regarding the fireworks display of June 24, 2000. We received a $100 donation recently from James "Red" Nelson. The carnival people did not donate any money for the fireworks. The Lion's Club has indicated they will donate $1,000 for the fireworks; however, we have not yet received their check. Staff is considering having a $7,000 show next year. The softball tournament held during Jamboree went very well. Staff had to turn away approximately 20 teams due to lack of field space. Park Department crews did an excellent job of maintaining the fields during the tournament. PUBLIC WORKS DIRECTOR/CITY ENGINEER Crews have been working on the Prestemon Park playground project. The curbing will be completed on Friday, June 30. The project should be finished by the end of july. Members viewed a brochure on piertie shelters for the parks. Staff recommends we use a common look for all picnic shelters. The senior citizens have requested a picnic shelter in place of the tennis courts in Huset West. The issue of goose control will be discussed at a fixture work session. Some citizens want the geese managed, and some do not. Population counts are done at Silver Lake, La.Belle, and Clover Pond. MEMBERS Members reported a problem with dogs running loose in the parks. Dog owners have not been cleaning up after their pets. At the May meeting, we did not have a quorum. Members are asked to please contact the Recreation Department if they are unable to attend a meeting. The field sweeper/liner worked very well at the recent softball toumament. Motion by Foss, second by Niemeyer to adjourn. All ayes, motion carried. Meeting adjourned at 8:00 p.m. Janice McGhee-Fetzer, Park & Recreation Commission Secretary MinutesUune00 T,m ReindelL Ch~ir CITY OF COLUMBIA HEIGHTS Stephen Johnson 590 4OTH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 !-3878 (612) 782-2800 TDD 782-2806 Daniel Shuttuck PLANNING AND ZONIIIIG COMMISSION REGULAR MEETING- MINUTES July 11, 2000 The July 11, 2000 Planning and Zoning Commission meeting was called to order by at 7:00 p.m. by Chairperson Ramsdell. Members present were Shattuck, Johnsen, Yehle and Ramsdell. Commissioner Hanson was not present. Also present were Tim Johnson (City Planner), Kathryn Pepin (Secretary to the Planning and Zoning Commission), and Ken Anderson (Community Development Director). MOTlOB by Yehle, seconded by Shattuck, to approve the minutes from the meeting of June 6, 2000 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS Ae Public Hearing Conditional Use Permit Case #2000-0717 Olive Tree Deft Re: 3700 Central Ave. Columbia Heights, Mn. Mr. Johnson presented the request of the Olive Tree Dell for a Conditional Use Permit and Site Plan Review to allow for the current Olive Tree Grocery and Dell at 3700 Central Avenue N.E. above to provide seating as a restaurant at the current site. Information on the menu items and additional hours of operation have not yet been provided. He added that they are proposing 24 seats for dining. He informed the Commission that the surrounding property to the north and east is zoned as RB, Retail Business, and is used commercially. The property to the west is zoned as R-3 and is used residentially. The property to the south is in Minneapolis. Mr. Johnson stated that according to Section 9.112{2) of the Columbia Heights Zoning Ordinance, a Conditional Use Permit is required if the proposed use contains a restaurant, cain, tea roam, bar, prepared food outlets subject to Section 9,116{15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.1'03(63). He stated that the applicant is not proposing any physical changes to the exterior of the building. However, there will be sine interior modifications necessary to establish seating for twenty-four (24) persons, These improvements are subject to review and approval by the Building Official, Fire Department, and the Anoka County Health Department. Mr. Johnson stated that the Minimum Yard and Density Requirements are as follows: The floor-area-ratio within the "CBD' District shall not exceed 1.0. This requirement appears to be met after staff review, THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER i PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 2000 Page 2 Lots shall have a minimen frontage of forty (40) feet. This lot has approximately one hundred twelve (112) feet of frontage. This frontage meets ordinance requirements. Front Yard setback shall be fifteen (15) feet. The structure is not in compliance, but the structure is a legal non-conforming building. The rear yard setback shall he ten (1 O) feet, with the existing structure meeting this requirement. No side yard setback required. Lot width required is fifty (50) feet. The lot width i,s one hundred twelve (112) feet. No structure shall exceed three stories or thirty-five (35) feet in height. No exterior changes are planned. He stated that the building is in compliance. Mr. Johnson informed the Commission that the Zoning Ordinance requires that restaurants provide at least one space for each three seats based on capacity design per each thirty-five (35) square feet of gross floor area. According to the floor plan, there are 24 seats proposed for restaurant use. He noted that the proposed parking lot configuration identifies 23-plus spaces on-site, one of which is handicap accessible. However, he stated that the site plan submitted showing the parking lot layout will need to be adjusted to allow for a walkway or five foot area between the parking lot and the building. The front parking lot stalls shown on the site plan submitted need to be adjusted to allow for curbing and sidewalk access to the building. However, by reducing the available amount of parking space for sidewalk and pedestrian access, the vehicle access lane is also reduced to less than twenty (20) feet. There is currently no requirement in the Zoning Ordinance referring to a minimum access lane width. He felt that this could be problematic for large vehicles pulling in and out of the proposed spaces. Mr. Johnson added that landscaping of 200 square feet is also required for off-street parking areas that accommodate twenty-one (21) spaces or more in the Retail Business District. This landscaping could be provided if the parking stalls closest to Central Avenue were removed from the plan. This adjustment appears to be able to provide for enough stalls to meet parking requirements. The facilities for off-street loading are required to maintain a twenty-foot distance from cente~ine of the alley to first. floor foundation. The loading space proposed meats and exceeds this requirement. However, the loading space needs to he adjusted to meet the minimen 12 by 25 foot loading space requirement. The site plan appears to be able to accommodate this adjustment, but one space would need to be widened. Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. An enclosed dumpster area has been provided at the rear of the building. Mr. Johnson informed the Commission that the City Comprehensive Plan designates this area for commercial use. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the plan promotes the rehabilitation of existing PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 2000 Page 3 development land within the City. The proposal will not negatively impact any nearby residential areas and will be consistent with the City Comprehensive Plan. Discussion was held regarding the parking lot layout. Chairperson Ramsdell felt that the twenty foot area between parking spaces would be sufficient for circulation of traffic. He asked if staff had considered diagonal parking. Ken Anderson stated that with diegonal parking you would gain aisle width but that would create difficulty with one- way traffic and ingress and egress to the site, He added that he would like to see the width of drive aisles addressed in the new Zoning Code and that they be dependent upon the style of parking space design. Commissiener Shattuck asked Staff for the section of the Zoning Code that requires parking lot curbing and sidewalk area. He also inquired if landscaping could be provided anywhere on the site. Mr. Johnson stated that parking lot requirement could be found in Section 9.116(3)(e). Mr. Anderson stated that the landscaping was suggested in the front area of the site because the Retail Business Section of Zoning Ordinance requires a minimum of a fifteen foot front yard. At this site that fifteen foot front yard area could be utilized to fulfill the 200 square feet of landscape requirement. Commissioner Shattuck felt that the current arrangement of bumper curbs have served the purpose and intent of the ordinance thus far and felt that the same could be allowed for this proposed business. He suggested that the bumper curbs be set a minimum of five feet from the building to allow for room to keep vehicles from hitting the building. Chairperson Ramsdell opened the public hearing. Nancy King of 3717 Van Buren Street was present to inform the Commission of the problem with garbage in the area since someone removed the garbege container that was adjacent to the bus bench along 37~ Avenue and the "bus bench was moved into the sidewalk area so you can't even walk on the sidewalk". She further stated that the newspaper boxes that offer free papers are in the same location and these papers are often left on the bus bench and then blow around the area and cause problems. Mr. Anderson stated that he would check with the Public Works Department and Metro Transit to see who the garbage container belonged to and if.it could be reinstailed. Mohamed of the Olive Tree Dell and Grocery also stated that they would work with the City to have the garbage resolved either by providing a container or emptying the container periodically. Chairperson Ramsdell closed the public hearing as no one else was present to speak regarding this case. Metion by Yehle, seconded by Shattuck, to recommend to the City Council the approval of the Conditional Use Permit to allow the Olive Tree Grocery and Dell to provide seating as a restaurant, subject to the following conditions: PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 2000 Page 4 All required state and local codes, permits, licenses and inspections will be met and in full compliance. All screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance. Parking lot site plan shall be resubmitted and be in substantial compliance with the Zoning Ordinance before restaurant seating is allowed, including handicap parking stall. Landscaping of 200 square feet needs to be incorporated into the revised site plan. Loading areas shall meet ordinance requirements and be accessible. Voice Vote: All Ayes. Motion Passed, **THIS ITEM TO APPEAR ON THE JULY 24, 2000 CITY COUNCIL MEETING. Pu~ic Headng Vadance Case#2000-0718 Danny R. Hunter 4328 N.E. 2"a St. Columbia Heights, Mn Mr. Johnsen presented the request of Mr. Hunter for a 0.4 foot side yard setbeck variance to allow for the constructien of a second story addition and a 12 foot by 24 foot addition onto the rear of the house at 4328 N.E. Street. He stated that Section 9.108{4) of the Colombia Heights Zoning Ordinance requires that any part of a principal structure maintain a minimum five (5} foot setback from the side yard property line. He explained that the request is to allow for the new addition to encroach .4 feet into the five (5) foot setback in order to line up with the outside wall of the existing house. He informed the Commission that the surrounding property to the north, south, east and west is zoned R-2, One and Two Family Residential District and is used residsntially. There are three lots across the alley fronting on Main Street, and just south of this property which are zoned as R-3. Gauvitte Park also abuts the residential properties to the east. He explained that, according to Section 9. 108(4) of the Columbia Heights Zoning Ordinance, a variance is required for this addition in that it would encroach .4 feet into the five {5) foot required side yard setback area. The Minimum Yard requirements for the site are as follows: No structural building shall exceed three stories or 35 feet which ever is the lesser in height. This structure is less than 35 feet. A side yard abutting an adjacent parcel is five (5) feet. The existing house was built at 4.60 feet from the side yard property line at the closest point. The proposed addition would be a continuation of the existing house to the west, as the addition would be approximately 12 feet by 24 feet. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 2000 Page 5 The existing front yard setback is 17.0 feet from the property line. The zoning ordinance requires 25 feet, with the proposed addition not infringing on this setback. The other side yard setback is at twelve (12) feet including the proposed addition, with the requirement being five (5) feet. The rear yard setback is at approximately sixty-eight (68) feet, with the required setback being at least thirty (30) feet. Any lot less than 6,500 square feet may have a lot coverage of up to 35%. The lot coverage will be approximately 27% which meets this requiremeaL The primary purpose of the requested variance appears to be in matching with the setback of the existing structure on the north property line at approximately 4.6 feet. Mr. Johnson reminded the Commission that Section 9.105(3) (d) of the Zoning Ordinance states the following: "In recommending a variance, it shall he found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. Circumstances unique to the individual property in question need to be established. It was Mr. Johnson's opinion that, according to the definition of hardship provided in the Zoning Ordinance, it appears that there is no hardship shown as to why the applicants cannot meet the minimum five {5) foot setback requirement. It was his opinion that addition could be built so that a variance would not be necessary. He felt that there did not appear to be any legitimate reasons, in relation to variance standards, whereby staff could recommend approval of this request to the Commission. The proposed addition could be shortened up by a few inches and still meet requirements, but the new addition would probably jog a bit from the existing side walls. However, he stated that the common sense approach would be to match the addition up with the walls of the existing structure. This approach would entail allowing for the new addition including the second story to encroach a few inches into the setback. Mr. 'Johnson also cited Section 9.104(3)(j) of the Zoning Ordinance which addresses increasing the outside perimeter of non-conforming structures. This section would allow the addition as it will improve the livability of the structure provided a variance is obtained. Chairperson Ramsdell opened the public hearing. Dan Hunter of 4328 N.E. 2~ Street was present. Commissioner Shattuck asked Mr. Hunter what year his house was built. Mr. Hunter responded that the house was built in 1928 and it was built at a slight angle to the property line as shown by the survey he had submitted. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 2000 Page 6 Commissioner Shattuck suggested that the hardship would be the initial construction of the house not being properly located and constructed on the lot or the lack of setbacks and inspections in 1928. Commissioner Johnson asked Mr. Hunter if the rear porch was proposed to be removed. Mr. Hunter responded that the rear porch would be removed in place of the proposed addition. Metien by Ramsdell, seconded by Yehle, to recommend to the City Council the approval of the 0.4 side yard setback as it will not extend beyond the existing structure setback, Would increase the livability of the structure and would be in keeping with the spirit and intent of the ordinance. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE JULY 24, 2000 CITY COUNCIL AGENDA. C. Site Plan Review Mike Juaire Case #2000-0719 RE: 315 N.E. 44e Ave. 4417 University Ave. Mr. Anderson presented the request of Mike Juaire for a site plan approval to permit construction of a four unit, rental townhouse, multifamily building at 315 N.E. 44* Avenue. He informed the Commission that the property has been vacant for an extended period of time. The lot had a residential structure on site which was demolished in the Spring of 2000. In 1998 and 1999 a number of requests were submitted for City approvals, most notable was submitted by Casey's General Store, which was denied due to noise and traffic concerns. The owner has verbal agreement from the property owner to the north to sell the property and a purchase agreement has been prepared and forwarded for signature. After closing, the owner will separate the northernmost lot (40 ft. by 119 ft.) from this parcel to be combined with the parcel to the north for development of a similar townhouse project. The applicant has submitted a revised plan by fax on July 6, 2000 which is a change from the original site plan layout. The new plan shows a building footprint of 84 ft. by 48 ft. which includes four units of 28 ft. by 21 ft., each with an attached garage of 20 ft. by 20 ft. The original plan was 92 ft. by 44 ft. which did not meet required setback requirements. He added that both plans were provided for the Cemmissianers information.. He distributed revised floor plan layouts with elevation drawings. The units will have 1,176 sq. ft. of living space per unit on two floors of a split entry design. Mr. Anderson informed the Commission that the surrounding property on the north and south is zoned LB, Limited Business and is used residentially or is vacant. The property to the east and west of University Ave. and the frontage road is also used residentially. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 2000 Page 7 Section 9. 111 (1Xd) of the Zoning Ordinance specifies that this proposal is a permitted use in the LB District subject to the lot area per family provisions of Section 9.110(4)." He stated that the revised proposal meets or exceeds tl'e minimum yard and density requirements of the Zoning Ordinance as follows: Lot Width shall he at least 50 ft. The subject parcel meets this requirement; Minimum lot area shall be at least 6,000 sq. ft. T~ subject parcel meets this requirement with and without the proposed lot separation to the north. Front Yard Setback shall be 12 ft. The proposed building will front on 44e Avenue N.E. as currently proposed and exceeds this requirement. With the lot separation, the front yard will be fronting on the University Avenue frontage road and the proposal will also exceed this requirement. The Side Yard Setback shall be 15 ft. and the Side Street Yard shall not be less than 10 ft. or the height of the structure measured from the center of the public right-of-way, whichever is greater. The proposal will meet or exceed this requirement with a 20 ft. setback on the west property line. Rear Yard Setback shall be 20 ft. The subject parcel meets this requirement. Mr. Anderson stated that the parking requirements will be met as each unit includes a two stall attached garage which is 20 ft. by 20 ft. which is the minimum recommended size for a two stall garage. He informed the Commission that the 1992 City Comprehensive Plan designates this area as a future redevelopment area as a potential light rail transit development influence area.. However, development of light rail transit in the immediate future is not likely given fiscal and competitive constraints. The Land Use Plan shows this area for developmeet of a LRT station with medium density residential immediately to the north. One goal of the land use and redevelopment plan is to protect the nearby residential neighborhoods. In addition, the plan promotes the rehabilitation of existing development in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate aesthetic improvement to the former, vacant, residential use, therefore, the proposal my be considered to be consistent with that portion of the City Comprehensive Plan. He further stated that the new Comprehensive Plan designates this area as Transit Oriented Development. As such, "a higher percentage of service-oriented commercial/retail development will be necessary with high-density residential development providing the balance of the development". Permitting this development to go forward will likely necessitate construction of any transit development to the south side of this intersection or another of the identified sites along the corridor. Commissioner Yehle asked the applicant Mr. Juaire why the townhouses were proposed to be rental and not ownership. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 2000 Page 8 Mr. Juake stated that ownership requires a PUD and he wanted to proceed with the development as soon as possible. He stated that he has a long term plan to establish income property adding that he currently owns housing in Fridley, Moundsview and Brooklyn Park. He stated that this building is the first stage of his plan. After the lotsplit and combination of property to the north is completed, he will propose a second four unit building. Commissioner Yehle asked Mr. Juaire where the proposed rent will be set. Mr. Juaire responded that the rent will be approximately ;1,000 a month. Discussian was held regarding the exterior design of the prop, osed building in respect to the roof line and lack of windows to provide natural light, ventilation and visual aesthetics. Mr. Juaire stated that central air conditioning will be provided in all units and the lack of windows would provide privacy. Metin by Shattuck, seconded by Johnson, to approve the site plan request to allow a 84 ft. by 48 ft., four unit rental townhouse multifamily building at 315 N.E. 444 Avenue in the LB, Limited Business District. Voice Vote: All Ayes. Motion passed. STAFF REPORTS: A. Discussion was held regarding rescheduling the August 1, 2000 Planning and Zoning Commission meeting as it is scheduled for the some day as National Night Out. Motion by Ramsdell, seconded by Yehle, to reschedule the Planning and Zoning Commission meeting on August 8, 2000. Voice Vote: All Ayes. B. Mr. Anderson presented an update on a number of items in process within the City. He informed the Commission that the NEI proposal was presented to the City Council in June and was scheduled for a second reading on July 1 O, 2000 but was delayed to allow the PUD terms to be agreed to by NEI and the city. He presented an update of the proposed Puerto Vallerta Restaurant proposed at 3800 Central Avenue. He stated that the Comprehensive Plan was submitted to the Metropolitan Council on June 30, 2000 for their review. A meeting was held this day with the Joint Task Force of Colombia Heights and Fridley regarding requests for proposal for a Land Use Planning and Marketing Consultant adding that Tom Ramsdell was appointed Vice Chair of this Committee. Motion by Yehle, seconded by Johnson, to adjourn the meeting at 8:30 a.m. Voice Vote: All Ayes. Motion passed. athry~ Secretary to the Planning and Zoning Commission el-A-3 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY OEDA) REGULAR MEETING MINUTES OF JUNE 20, 2000 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruettimann at 6:32 p.m., Tuesday, June 20, 2000, in the Parkview Villa Community Room B, 965 404 Avenue N'E, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: PLEDGE OF ALLEGIANCE Robert Ruettimaun, Patricia Jindra, Marlaine Szurek, Gary Peterson, hlienne Wyckoff, and John Hunter Don G. Jolly Ken Anderson, Deputy ExecutiVe Director Randy Schumacher, Community Development Assistant Michelle Chalin, Parkview Villa Public Housing Administrator Anita Kitrock, Tempora~ Housing Administrator ADDITIONS/DELETIONS TO MEETING AGENDA CONSENT AGENDA A. Adopt the consent agenda items as listed below. 1) Approval of Minutes - regular meeting of May 16, 2000 Move to adopt the minutes of the May 16, 2000 regular meeting as presented in writing. 2) Financial Report and Payment of Bills for May, 2000. a. Financial Statement - May, 2000 b. Payment of Bfils - May, 2000 Move to approve Resolution 2000-08, Resolution of the Colum_hla Heights Economic Development Authority (EDA) approving the Financial statements for May, 2000 and approving payment of bills for May, 2000. 3) Agreement for Financial Advisory Services. Move to engage the services of EhlenE and Associates, Inc. as the EDA's financial advisor and authorize the completion of all necessary Tax Increment Cash Flow Projections, State Audit Reports, Compliance Reviews, and implementation of the Quick TIF Program. And furthermore, to authorize the President and Executive Director to enter into an agreement for such services. MOTION by Gary L. PetenEon, second by Pat lindra, to adopt the consent agenda item as listed above. All ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY B. MicheHe Challn, Parkview Villa Public Housing Administrator. Ms. Chalin gave a update of the Elevator Modernization Project. An inspection of the smaller elevator is scheduled for,Wednesday, June 14, 2000. The large elevator is scheduled to be shut down on Wednesday, June 21, 2000. The elevator will be up and running in October sometime. The upgraded smaller, elevator will serve the residents until the large elevator is complete and comes back in service. Annual unit inspections for the South building occurred on May 23, 2000. Four units failed the inspection and will be re-inspected at a later date. Of the ten units in the North building that did not pass the original inspection of April 17 and 18, 2 units did not pass the re-inspection. All of the units that did not pass inspection will again be inspected at a later date by the Fire Department. Ms. Chalin reported several internal moves have occurred. She is also trying to fill Unit #511 in addition to the three apartments that she has listed in the newspaper for rent, excluding the unit being used by Millar Elevator for their equipment. Four more vacant notices have been received. Currently, at Parkview Villa North they have 23 residents of Columbia Heights, and 24 non-residents occupying the units. The four-plex will have another opening in the next month or so. Ms. Chalin gave an update of the security issues. Leonard Olson of Sentry Communications submitted a proposal Economic Development Authority June 20, 2000 Page 2 for security cameras and other miscellaneous hardware of $2000 and a labor estimate of $4000. Brace Vogelsang of Tran~ Alarm will be submitting a proposal for the same items soon. She did receive a bid already of $400 to re- key the doors in the garage area. Ms. Chalin and her staff researched the actual cost of an internal move to be about $400. This cost would include painting, carpet cleaning, staff time, but does not include any major repairs to the unit. Currently, residents pay only $125 damage deposit Ms. Chalin also reported on the Adam's Pest Control and Tingreen Lawn Care service at Parkview Villa and Tyler Street. She reported that Adam's Pest Control was out on 5-30-2000 and Tingreen Lawn Care was out on 5-16-2000 to do the maintenance contract requirements. She will be returning to Parkview Villa the week of Monday, July 17, 2000. The week of July 10th she will be at seminar. Residents will have to page her for assistance for tltat week. No staff will be on-site that week. In discussion, Julienne Wyckoff reported that she has received many phone calls from residents that the geese are gone from the park outside of the Parkview Villa residents area park. Keyin Hansen, the Public Works Director said that they aren't trying to remove all of the geese at once, but, they will be moving a few at a time. CITIZENS FORUM TO ADDRESS EDA ON MATTERS NOT ON AGENDA-NONE. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS - None. PUBLIC flEARINGS - None. ITEMS FOR CONSIDERATION C. Other Resolutions - None. D. Bid Considerations. I) Agreement for Lawn Maintenance and Snow Removal Services. Ken Anderson reported that staff is asking for the EDA Board and the City Council take action to approve a private contnct agreement to provide the lawn maintenance and snow removal services for the City owned properties. In the past the EDA has used a company called Lawn .Maintenance and Snow Removal, Inc. and was done on a pay as you go plan. The agreement identifies a fee of $28.50 per person-hour for services. If the EDA Board approves this agreement, the staff would then present this agreement to the City Council on Monday, iune 26, 2000 for their approval. He provided a list of properties with the agreement. The City owns one of the properties and the EDA owns the balance. In discussion, President Ruettimann questioned if the staff had gone out for bids for the Lawn Maintenance and Sn6w Removal Agreement. Mr. Anderson reported that they had not. The City hall currently has a contnct agreement set up for this work with,Lawn Maintenance and Snow Removal, Inc. There has been no problems with their performance. The Public Works department does not have enough manpower to provide services to the EDA for these properties. President Ruettimann and Gary L. Peterson's understanding of the city policy is that we need to go out for bids. ' Gary L. Peterson responded that the City had awarded the connet for lawn maintenance to Lawn Maintenance and Snow Removal, Inc. based upon their equipment and performance. President Rueittmann would agree to this agreement if the City Council approves the agreement also. MOTION by Marlme Szurek, seconded by Sohn Hunter, to award the contract for lawn maintenance and snow removal services to Lawn Service and Snow Removal, Inc.; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All Ayes. MOTION CARRIED. Mr. Peterson questioned if the City still owns the property at 4216 Central Avenue NE? Mr. Anderson stated that the City does still own the property. Mr. Nedegaard was going to purchase the property but, has recently withdrawn Economic Developmere Authority Minutes June 20, 2000 Page 3 on the purchase of the property. The EDA's agreement with Mr. Nedegaard expired in April of this year. It will be reviewed before next month. Mr. Peterson felt that because the City has held hack on the sale of the Central Avenue location, that we should be reimbursed for the expenses for that land. Mr. Anderson and Randy Schumacher will meet with Mr. Nedegaard to discuss the agreement. E. Other Business 1 ) Status Report - Acquisition of Central Avenue Properties. Randy Schumacher gave a report to the EDA Board dealing with no~-conforming/blighted structures along Central Avenue. Presently, two owners are interested in selling their property to the City. Mr. Schumacher has received estimated market values for the properties. Two policies must be sent to Anoka County prior to formal offers being submitted to the property owners. One is a one to one repliCement plan and the other is a funding and acquisition of property. A historical review has also been completed. He expressed two concerns in the purchasing of these properties. One is the ability to negotiate a reasonable market value for the two properties; and 2) would be possible the relocation issues. . In discussion, President Ruedmann asked if there were any renters at these locations? Mr. Schumacher s~ated that there are people occupying the units which means that the EDA would have to a limited relocation liability. If that would be the case, the EDA would not be interested in the properly. John Hunter has worked with a couple of properties with relocation. He suggested that we see what the actual relocation fees would be. He worked with the NCDA to relocate a couple of units in the past. His experience was that there was a relocation fee based upon a percentage of the cost of the home. Randy Schumacher responded that if the unit is vacant for 90 days, then there would be not relocation fees involved. Wc would have to be concerned with meeting the Federal Requirements of relocation for residential structures. In addressing the issue of the redevelopment sites and the HUD requirements for commercial development, Mr. Anderson stated two points of interest to the board; 1) He did not believe that we have to actual, hire people that are low to moderate income but, the employer has to keep records of jobs that have been offered, and the people that are hired qualify for the low to moderate income; and 2) We need to look at the reporting requirements before we go ahead with the acquisition, so that we know what strings are attached with the purchase. Mr. Anderson's understanding during the time he has worked for the City of Columbia Heights was that wc are required to provide relocation fees but could put maximum limits on these costs. We need to fred out what our maximum relocation fees would be before we go ahead with the purchase of the properties. Dan Wilson has worked with the City in the past for relocating residents in these particular type of property transactions. Pres. Ruettimann requested that our Attorney look over any potential purchase agreements before the EDA Board considers executing same. Randy Schumacher stated that we also need to do the Environmental assessment prior to acquisition. 2) Seciion 8 Report. Ken Anderson reported that we have 37 Vouchers, 9 Certificates issued for a total of 46 which is an increase of one from last month. This makes our utilization at 92%. Last month we were at 90%. By October of ~ year all participants will be using housing choice vouchers. The Certificates are being fazed out. Staff is in the process of submitting some forms to HUD. We have hired a retired individual from Metro HRA to help staff get the program ready for the transition. Over the Memorial weekend a family emergency came up which forced her to tender her resignation. This Friday, lune 23, 2000, Kathy Kline from Metro HRA will be meeting with the Community Development Department to make an assessment of where the Section 8 program is at and what the EDA needs to do to get the program moved back to the Metro HRA. MOTION by Gary L. Peterson, Seconded by Marlaine Szurek to approve the Section 8 report as stated. All Ayes. MOTION CARRIED. Economic Development Authority June 20, 2000 Page 4 ADMINISTRATIVE REPORTS Report of the Deputy Executive Director Ken Anderson reported on the Transition Block Redevelopment staff has had meetings with EDA financial advisor Springsted, and the developer, Real Estate Equities. They still do not have a purchase agreement signed by all of the property owners. In regards to NEI, we have received from their.. attorney authorizing the City to commence rezoning of the property from an R-2 DisWict to an R-4 district. Mr. Anderson will be meeting with the City Attorney tomorrow to see if we are ready to go ahead with Council preliminary reviewal and approval of the PUD, as recommended by the Commission. Ken Anderson will be working with both Springsted and the developer over the next month to help formulate an agreement with the EDA Board. In discussion, President Ruerdmann suggested that we do need to come to a conclusion Mr. Anderson gave an update of the Transit Hub~ He met with Aaron Isaacs at the site on Monday and he said that they are about two weeks behind. The hub should be finished by the end of July. They would propose to reroute the bus that is currently stopping on Van Buren by the parking ramp over to the Transit Hub until mid-September when they do their route changes. So that by mid-September the Transit Hub will be in full service. City Planner- the City has made a offer for the new City Planner position. We will know by next week ffhe has excepted this offer and passed the drug testing and screening required for the position. Mr. Anderson then passed out a letter to Gary Peterson, Mayor that B. Report of the Executive Director. C. Committee/Other Reports. Pat Jindra reported that she met with the residents council. I) The software for Parkview Villa -what is the status of this program. The understanding is that if we don't get it entered, we will not be able to have our Public Housing Program at Parkview Villa. Randy Schumacher reported that the Nan Mc Kay software program is not installed. Currently, the Community Development Secretary has entered a total of 55 Family Reports and submitted them to HUD. All of the forms will be submitted to HUD by the end of the month. 2) Things are not getting done at Parkview Villa. Residents are moving to another apartment to get repairs done (clean carpet, paint, etc.). She asked if there was a limit in the resident agreement for how many times that they can move. Ken Anderson responded that he did not believe that there was anything in the agreement. A couple of residents reported that they have moved into their units and cleaned them their : selves. The north side of the building units do not have carpets in them a resident reported. Pat Baker reported that approximately in 1995 there was a Laotian family that came in and painted the apartments and painted poorly. 3) The residents would like to see more maintenance people hired to maintain the complex. Pat Jindra met with Shirley Barnes, Crest View Corporation to see if more help could be hired. Ms. Barnes stated that she could not have the Bakers work overtime due to the funds available. One resident reported that a lot of the residents are moving to another aparnnent because of the smells to the backside of the building. Donna Hams stated that she lives on the fn'st floor and she h~ars the noise of the trucks and garage macks. Mel Coilova, City Building Official was present and was asked if this is correct. Mel Coilova reported that yes there is noise and garbage smells but there basically isn't anything that can be done about these problems except the use of enclosed garbage dumpsters. Pres. Ruettimann asked Mr. Coilova to get with the Public Works Department to see when they inspect the alleyways behind Parkview Villa and report on it next month. Economic Development Authority June 20, 2000 Page 5 Pres. Ruettimann requested that Pat Jindra meet with Cheryl Bakken, Community Development Secretary to draf~ up some minutes for records on the meeting that Pat had with the residents of Parkview Villa. He also requested that Pat get a 6 month record of how many people moved, how many units were painted in the transition, and how many were incoming new tenters. Pat Jindra will meet with the residents once a month and report any issues at the EDA Board meeting. In other discussion, Mr. Hunter reported that he had attended the Police Picnic for the City residents with 132 people participating. Mr. Ruettimann reported that there were 2 apatiment complexes for sale across from the Post office. The price for the units was $159,000 which was vex~J reasonable. When he called the realtor she responded that she had already sold the units. He asked the realtor to call Ken Anderson whenever she would have any more units for sale, as the City would be interested in purchasing them. Mr. Anderson reported that he had not received a call from the realtor yet. " MEETI1NGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, ,luly 18, 2000 in Community Room B at Parkview Villa. MOTION by Donald G. Jolly, seconded by Pat lindra, to adjourn the meeting at 7:5(5 p.m. All ayes. MOTION CARRIED. Respectthlly submitted, Cheryl Bakken Recording Secretary H:~EDAminutes\ mtg6-20-2000