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Home My WebLink AboutDecember 12, 2005 Regular CITY OF COLUMBIA HEIGHTS ADM1N1STRA T10N Mavor GUlY L. Peterson COUllcillllelllbers Robert A. Williams Bruce Nawroc/d Tammera Ericsoll Diehm Bruce Kelzenberg City Manal!er Walter R. Felzst 5~~ 40th Aven~e N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 VIsa Our WebSlle at: WWIV.Ci. co/u11lbia-heights.1111l.us " The following is the agenda for the regular meeting' ofthe City Council to be held at 7:00 p.m. on Monday, December 12,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 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, accommodatioh 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 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDERJROLL CALL/INVOCATION Invocatio:Q. by Peter Law - United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the ag~nda preparation deadline.) '" i 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) ProClamations - none B) Presentations 1) Jesse McConnick, Fire Prevention Poster Contest Winner C) Introduction of New Employees - none D) Recognition - none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted C),S part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. ) A) MOTION: Move to approve the Consent Agenda items 'as follows: 1) Approve the minutes ofthe November 28,2005 regular City Council meeting p6 MOTION: Move to approve the minutes of the November 28,2005 regular City Council meeting as ~~~ . 2) Approve the minutes of the December 5, 2005 City Council Truth in Taxation meeting P26 MOTION: Move to approve the minutes ofthe December 5, 2005 City Council Truth in Taxation' meeting as presented. 3) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept minutes of the November 2,2005 Economic Development Authority meeting. P30 b) MOTION: Accept minutes ofthe December 6,2005 Planning & Zoning COlmnission meeting; 'P35 City Council Agenda December 12, 2005 Page 2 of5 4) Adopt the 2007 Murzyn Hall rental rates, as outlined by the Park and Recreation COlmnission P52 Move to adopt the 2007 Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of November 22,2005. 5) Approve agreement with Rapid Graphics & Mailing for printing, publishing, and distributing the City newsletter at $18,620 for four publications in 2006 P54 MOTION: Move to enter into an agreement with Rapid Graphics & Mailing for printing, publishing, and distributing the City newsletter based upon their proposal of a yearly cost of $18,620 for four publications in 2006; and furthennore to authorize the Mayor and City Manager to enter into an agreement for the same. 6) Adopt Resolution 2'005-100 being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. ' P57 MOTION: Move to waive the reading of Resolution No. 2005-100, there being ample copies available to the public. MOTION: Move to adopt Resolution 2005-100 being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. 7) Approve designation of the Sun Focus News as the official City newspaper for 2006 p60 MOTION: Move to designate the Sun Focus News as the official City newspaper for 2006 and authorize the Mayor and City Manager to enter into an agreement with the Sun Focus News for required publications. 8) Establish a Public Hearing to consider alley lighting P62 MOTION: Move to establish January 9,2006, at approximately 7:00 p.m. as a Public Hearing for consideration of alley lighting between 7th Street and Washington Street, from 45th Avenue to 46th Avenue. 9) Adopt Resolution No. 2005-99, being a Resolution accepting the Assistance to Firefighters Grant award in the an10unt of $55,225 for the purchase of an air compressor system, gear racks and pOliable generators with accessories. p65 MOTION: Move to waive the reading of Resolution No. 2005-99, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-99, being a Resolution accepting the Assistance to Firefighters Grant award in the amount of $55,225 for the purchase of an air compressor system, gear racks and portable generators with accessories ' 10) Authorize the purchase of a new compressor system from Alex Air Apparatus, Inc. in the amount of $39,390 MOTION: Move to authorize the purchase of a new compressor system from Alex Air Apparatus, Inc. of Alexanchia, MN based on their low, qualified, responsible bid in the amount of$39,390, with funds to be appropriated from 439-42200-5180; and furthennore, to authorize the Mayor and City Manager to enter into an agreement for the same. p67 11) Approve easement agreement between the City of Columbia Heights and Gilbert and Kim Becker for pennanent and temporary easements to the City and an access easement to 3901 Jefferson St. MOTION: Move to approve the easement agreement between the City of Columbia Heights and Gilbert and Kim Becker for pennanent and temporary easements to the City and an access easement to 3901 Jefferson Street. P73 P.2 City Council Agenda December 12, 2005 Page 3 of 5 12) Approve the items listed for rental housing license applications for December 12,2005 p89 MOTION: Move to approve the items listed for rental housing license applications for December 12, 2005 13) Approve Business License Applications P93 MOTION: Move to approve the items as listed on the business license agenda for December 12, 2005 as presented. 14) Atlprove Payment of Bills P96 MOTION: Move to approve payment ofthe bills out of the proper funds as listed in the attached check register covering Check Number 115122 through 115328 in the amount of$3,667,917.55. 6. PUBLIC HEARINGS A) Close the public hearing regarding the revocation or suspension ofthe rental license at 4524 Monroe Street NE in that an extension oftime has been granted. P105 MOTION: Move to close the public hearing regarding the revocation or suspension ofthe rental license held by Julie Marsh regarding rental property at 4524 Monroe Street NE in that an extension of time has b~en granted. B) Approve reissue of rental housing license at 666-668 47Y2 Avenue MOTION: Move to issue a rental-housing license to David Decker to operate the rental property located at 666-668 4 7lh. Avenue in that the provisions of the residential maintenance code have been complied with. P106 C) Approve reissue of rental housing license at 660-662 47th Y2 Avenue P 1 07 MOTION: Move to issue a rental-housing license to David Decker to operate the rental property located at 660-662 4 7lh. Avenue in that the provisions of the residential maintenance code have been complied with. D) Adopt Resolution No. 2005-101, being a Resolution for Rental Housing License Revocation at 3849 Central Avenue NE. P 1 08 MOTION: Move to waive the reading of Resolution No. 2005-101, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-101. Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Atiicle IV, Section 5A.408(A) ofthe rental license held by F.C. Celtic, LLC regarding rental property at 3849 Central Avenue NE. E) Adopt Resolution No. 2005-102, being a Resolution for Rental Housing License Revocation at 4534 Madison Street NE. MOTION: Move to waive the reading of Resolution No. 2005-102, there being ample copies available to the public. P 111 MOTION: Move to adopt Resolution No. 2005-102, Resolution ofthe City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Atiicle IV, Section 5A.408(A) ofthe rental license held by Luis Sinchi regarding rental property at 4534 Madison Street NE. 7. ITEMS FOR CONSIDERATION P.3 City Council Agenda December 12, 2005 Page 4 of 5 A) Other Ordinances and Resolutions 1) Adopt Ordinance #1501- to amend the City Code 6.801 Violations regarding Exterior Improvement Compliance P 11 4 MOTION: Move to waive the reading of Ordinance No. 1501, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1501, being an Ordinance amending Ordinance No. 1490, City Code of 2005 Exterior Improvement Compliance. 2) First reading of Ordinance No. 1502, being an Ordinance amending R-2, One and Two Family Residential District P 11 7 MOTION: Move to waive the reading of Ordinance No. 1502, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1502, amending the zoning text as it relates to the R-2, One and Two Family Residential District, for Monday, January 9,2006, at approximately 7:00 pm in the City Council Chambers. 3) First reading of Ordinance No. 1503, being an Ordinance amending the GB, General Business District P 1 32 MOTION: Move to waive the reading of Ordinance No. 1503, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1503, amending the zoning text as it relates to the GB, General Business District, for Monday, January 9,2006 at approximately 7:00 p.m. in the City Council Chambers. B) Bid Considerations -none C) Other Business 1) Adopt Resolution No. 2005-97 being a Resolution reclassifying and designating fund balances for a cOlmnunity Center and Adopt Resolution 2005-98 being a resolution designating funds for P 156 Sheffield/ Heritage Heights Redevelopment and COlmnunity Development staffmg. MOTION: Move to waive the reading of Resolution No. 2005-97, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-97 being a Resolution reclassifying and designating fund balances for a cOlmnunity center. MOTION: Move to waive the reading of Resolution No. 2005-98, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-98 being a resolution designating funds for Sheffield/Heritage Heights Redevelopment and Community Development staffing. 2) Adopt Resolution No. 2005-96, being a resolution adopting a budget for 2006, setting the City, Library and EDA levY at $6,347,537 and approving the HRA levY of$161,366. P163 MOTION: Move to waive the reading of Resolution No. 2005-96, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-96, being a resolution adopting a budget for 2006, setting the City, Library and EDA levy at $~.417,537 and approving the HRA levy of$161,366. City Council Agenda December 12, 2005 Page 5 of 5 8. ADMINISTRATIVE REPORTS A) RepOli ofthe City Manager B) Report ofthe City Attorney 9. CITIZENS FORUM At this time, citizens have an oppOliunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT ,~~4-;L Walter R. F ehst, City Manager WF /pvm P.5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 28, 2005 5-A-1 "n~,~ ~:' ('~ ~7 r~.,ffl i i\ ~ i ~ T' e 0 u !i ~ N".;,:; "'".tV tit... I It ~ U n E ;"..1 ~ ~..= 1~.~ J."1 /;\ \/ [:~.~ t\ ~ f"'\ "-~" ' ,'-'j 1"'" i1'~ i', , t.,,; I i ""'.1'" ,= I'H . td "(ot:=.! ~ t.",;, {........ !b ; "~ !n r"" :;:.::'r/;:\ \. ~'.f .~,.. r,I".I- I The following are the minutes of the regular meeting of the City Council held at 7:00 p.m. on Monday, November 28,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERlROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Pastor Dan Thompson, Assembly of God Church, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Walt Fehst, City Manager, stated the revised agenda included resolution numbers for the public hearings. PROCLAMA TIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Mayor Peterson indicated that Columbia Heights lost one of our beloved citizens, Bernard Szymczak who passed away on Friday. Peterson read the obituary. Nawrocki spoke of Mr. Szymczak's history of volunteering in Columbia Heights and his brother's death in Poland during WWII. CONSENT AGENDA Fehst took Councilmembers through the Consent Agenda. 1) Approve City Council Meeting Minutes for November 14, 2005 regular City Council meeting Motion to approve the minutes ofthe November 14, 2005 regular City Council meeting as presented. 2) Accept Boards and Commissi~ns Meeting Minutes a) Motion to accept minutes of the October 20, 2005 Charter Commission meeting. b) Motion to accept minutes of the October 26, 2005 Park and Recreation Commission meeting. c) Motion to accept minutes of the November 1, 2005 Library Board meeting. d) Motion to accept minutes ofthe November 7,2005 Traffic Commission meeting. 3) Establish Executive Session meeting date for Monday, December 5, 2005, in Conference Room 1, immediately following the Truth and Taxation Hearing - Removed 4) Adopt Resolution No. 200$-79, being a Resolution establishing Senior Citizen eligibility standards for refuse, sewage disposal and water supply utility rates. Fehst stated this standard has been increased by four percent. Nawrocki asked if people have to reapply each year. Bill Elrite, Finance Director, indicated they do need to apply each year. Motion to waive the reading of Resolution No. 2005-79, there being ample copies available to the public. Motion to adopt Resolution No. 2005-79, being a Resolution establishing Senior Citizen eligibility standards for refuse, sewage disposal and water supply utility rates. P.6 City Council Minutes November 28, 2005 Page 2 of 20 RESOLUTION NO. 2005 - 79 RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizens for Refuse Service, Disposal, and Water Supply; and WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $25,200 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 2006. 5) Adopt Resolution No. 2005-82, being a Resolution to accept 2005 gifts received bv the City of Columbia Heights. Fehst stated this resolution is brought forward to comply with State Statute. Nawrocki stated this is an audit requirement. He indicated that gifts were to be accepted by the Council before the funds could be used. Jim Hoeft, City Attorney, stated it would be covered by the General Fund and replaced upon acceptance. Motion to waive the reading of Resolution No. 2005-82, there being ample copies available to the public. Motion to adopt Resolution No. 2005-82, being a Resolution to accept 2005 gifts received by the City of Columbia Heights. RESOLUTION NO. 2005-82 ACCEPT 2005 GIFTS TO THE CITY OF COLUMBIA HEIGHTS WHEREAS, The City Of Columbia Heights has received the following gifts; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City Of Columbia Heights accepts the these gifts, subject to the donor-prescribed terms listed below: DATE DONOR 2/25/05 NORLING/JOYCE SUBTOTAL FUND 412 eAPIT AL IMPROVMENTS-P ARKS 8/11/05 6/6/05 9/13/05 9/13/05 9/29/05 3/21/05 3/11/05 3/11/05 5/9/05 3/11/05 3/11/05 8/8/05 4/25/05 10/18/05 11/14/05 6/15/05 6/15/05 4/5/05 4/6/05 SUBTOTAL CENTERPOINT ENERGY KREMER & DAVIS, INC. MAXTON/MARY & ROBERT ANONYMOUS COLUMBIA HEIGHTS ATHLETIC BOOSTERS MIDWEST BOOKHUNTERS FRIENDS OF COLUMBIA HEIGHTS LIBRARY FRIENDS OF COLUMBIA HEIGHTS LIBRARY THE FLANARY GROUP, INC. FRIENDS OF COLUMBIA HEIGHTS LIBRARY FRIENDS OF COLUMBIA HEIGHTS LIBRARY ANONYMOUS SHIKADERlAMANDA COLUMBIA HEIGHTS POST 230 COLUMBIA HEIGHTS POST 230 FIRST LUTHERAN CHURCH FIRST LUTHERAN CHURCH ATTENDEES AT FUNDRAISER CHIODO/DIANA & PETER FUND 881 CONTRIBUTED PROJ - GENERAL P.7 AMOUNT PURPOSE 570.00 PARK BENCH , 570.00 500.00 COMMUNITY DEVELOPMENT-INTERN 50.00 FIRE DEPT ACTIVITIES 100.00 FIRE DEPT ACTIVITIES 100.00 FIRE DEPT-OPEN HOUSE 500.00 FIRE DEPT-OPEN HOUSE 300.00 LIBRARY-ADULT BOOKS 100.00 LIBRARY-ADULT READING CLUB PRIZES 1 ,500.00 LIBRARY-ADULT SPOKEN WORD CDs 100.00 LIBRARY-AMERICAN GIRL PROGRAM 200.00 LIBRARY-BILINGUAL JUVENILE BOOKS 200.00 LIBRARY-BILINGUAL JUVENILE DVDs 22,122.36 LIBRARY-CAPITAL IMPROVEMENTS 10.00 LIBRARY-PROGRAMS AND SERVICES 130.00 PARKVIEW VILLA RESIDENTS COUNCIL 130.00 PARKVIEW VILLA RESIDENTS COUNCIL 450.00 POLICE DEPT ACTIVITIES 100.00 POLICE DEPT ACTIVITIES 1,177.10 POLICE-CIVILIAN EMERG RESP TEAM 79.00 UNSPECIFIED 27,848.46 City Council Minutes November 28, 2005 Page 3 of 20 4/12/05 AMERICAN LEGION 6/23/05 COLUMBIA HEIGHTS LIONS CLUB 6/23/05 NORTHEAST BANK 6/23/05 COLUMBIA HEIGHTS POST NO 230 6/23/05 FIRST COMMUNITY CREDIT UNION 6/23/05 THE KORDIAK COMPANY 6/23/05 CREST VIEW LUTHERAN HOME 6/23/05 AMERICAN LEGION 6/1/05 COLUMBIA HEIGHTS POST 230 2/7/05 SPORTS STAR PHOTOGRAPHY 10/11/05 NATIONAL RECREATION & PARK 2/17/05 THE KORDIAK COMPANY 2/17/05 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 2/22/05 NORTHEAST BANK 3/15/05 AMERICAN LEGION - 5/24/05 COLUMBIA HEIGHTS POST 230 5/25/05 COLUMBIA HEIGHTS LIONS CLUB 5/27/05 WASHBURN-MCREAVY 7/18/05 SLUMBERLAND SUBTOTAL FUND 883 CONTRIBUTED PROJ- RECREATION TOTAL OF ALL FUNDS 300.00 DINNER THEATRE 1,000.00 FIREWORKS 100.00 FIREWORKS 1,000.00 FIREWORKS 150.00 FIREWORKS 20.00 FIREWORKS 50.00 FIREWORKS 1,000.00 FIREWORKS 350.00 JAMBOREE 884.68 RECREATION 100.00 RECREATION 25.00 SENIOR PROGRAM 1,000.00 SENIOR PROGRAM 200.00 SENIOR PROGRAM 300.00 SENIOR PROGRAM 200.00 SENIOR PROGRAM 50.00 SENIOR PROGRAM 100.00 SENIOR PROGRAM 150.00 YOUTH ATHLETICS 6,829.68 35,248.14 6) Adopt Resolution 2005-83, being a Resolution to amend Resolution 97-34 in regard to use of building pennit fees. - Removed. 7) Approve transfer of funds from General Fund to Police Dept. Budget to reimburse overtime fund Motion to transfer $1,034 received for Unique Thrift Stores and $3,137.25 received from Columbia Heights School District - a total of $4,171.25, from the General Fund to the Police Department 2005 budget under line #1020 Police Overtime. 8) Adopt Resolution No. 2005-81, being a Resolution establishing Senior Citizens or Retired & Disabled Persons Hardship Special Assessment Deferral Motion to waive the reading of Resolution No. 2005-81, there being ample copies_available to the public. Motion to adopt Resolution No. 2005-81, being a resolution establishing a new maximum income of$25,200 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. RESOLUTION NO. 2005-81 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Whereas, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for detemlining the existence of a hardship and for detennining the existence of a disability. NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. P.8 City Council Minutes November 28, 2005 Page 4 of 20 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same de[mition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and. does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. 7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 8. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 9. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $25,200. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. 9) Approve installation of stop signs on Madison Street at 43rd Avenue Motion to install stop signs on Madison Street at 43rd Avenue, stopping traffic on Madison Street, based on a recommendation of the Traffic Commission and City Staff. 10) Authorize Feasibility Report for addition of Prest em on Park ball field lighting - Removed 11) Approve the Building Official Service contract with the City of New Brighton - Removed 12) Approve Business License Applications Motion to approve the items as listed on th1.=> ~~lsiness license agenda for November 28, 2005 as City Council Minutes November 28, 2005 Page 5 of 20 presented regarding the new licenses for 2005 and the renewals for 2006. 13) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register coveting Check Number 115003 through 115121 in the amount of$I,054,972.25. Williams asked if information from items number four and eight are in the newsletter. Pehst stated they were. Motion by Williams, second by Diehm, to approve the Consent Agenda items, with the exception of items #3, 6, 10, and 11. Upon vote: All ayes. Motion carried. 3. Establish Executive Session meeting date for Monday, December 5, 2005, in Conference Room 1, iImnediately following the Truth and Taxation Hearing. Nawrocki stated that he indicated at the last meetiIlg that you must recess to an executive session from a regular meeting, and then come back to the meeting to adjourn. The guidelines covered at the last meeting confinned this. He stated he is not against the executive session, but does not want it handled contrary to the law. Pehst stated those are self-regulations, and this is not against the law. Motion by Williams, second by Kelzenberg, to establish an Executive Session meeting date for Monday, December 5,2005, in Conference Room 1, immediately following the Truth and Taxation Hearing. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. 6. Adopt Resolution 2005-83, being a Resolution to amend Resolution 97-34 in regard to use of building permit fees. Pehst stated that in 1997 when the City Council adopted the Building Code Pee Schedule they set aside twenty percent of the funds in a special fund to abate nuisances, which has been used on many occasions. Three years ago the Statute changed to disallow the use of these fees. Nawrocki stated that he tried to obtain information to justify our fees, and now finds there will be an additional twenty percent, which is contrary to Statute. Pehst stated that 90 percent ofthe cities use these fees, and they are not development fees. They are about one to one and one half percent ofthe project. Nawrocki stated this not an increase in the fee, but an increase in the cost of providing the service. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-83, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-83, being a Resolution to amend Resolution 97-34 in regard to the use of building pennit fees. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2005-83 AMEND RESOLUTION 97-34 IN REGARD TO THE USE OF BUILDING PERMIT FEES WHEREAS, The City Council of the City of Columbia Heights passed Resolution 97-34 on May 12, 1997, and; WHEREAS Resolution 97-34, in part, requires setting aside 20% of building pennit fees in a special redevelopment fund designated to pay for inspet'tirm activities and/or non-inspection activities (a.k.a. "The Abatement Fund"), and; P. 1 0 City Council Minutes November 28,2005 Page 6 of 20 WHEREAS, the Minnesota State legislature subsequently revised Minnesota Statute 462.353 subdivision 4 (effective January 1,2002) to require municipalities to adopt management and accounting procedures to ensure that building permit fees are maintained and used only for inspection activities; NOW THEREFORE BE IT RESOLVED that the requirement within Resolution 97-34 to set-aside 20% of building permit fees in a special redevelopment fund designated to pay for inspection activities and/or non- inspection activities (a.k.a. "The Abatement Fund") is discontinued, effective January 1, 2006. 10. Authorize Feasibility Report for addition of Prest em on Park ball field lighting Kevin Hansen, Public Works Director, stated that in discussions by the Park and Recreation Commission of athletic fields and development of Huset Park, they are optimistically looking at the feasibility of lighting costs for Prestemon field, what it would take to get power there, and how to pay for it. At this time a feasibility report is requested. The results would be brought back to the City Council sometime in January. Nawrocki stated this should be a budget consideration. When discussed previously, one field at Huset was being taken out of service forever, but we are now told it will be back in service. He stated his is not sure how many athletic fields we should have. Nawrocki stated concern for the neighbors with this type of field lighting. He indicated that funds would be better used to bring the wading pools back to required standards and questioned the status of that project. Williams questioned the cost for this report. Hansen stated there would be no cost, but some help may be required to determine lighting spread patterns at that point in the process. Motion by Williams, second by Diehm, to authorize the preparation of a Feasibility Report for the addition of athletic field lighting at Prestemon Park. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. Hansen stated that the wading pools would require a formal bid process to meet the needs required by the State and County. He has meet with a contractor working on the Minneapolis pools and received a courtesy estimate. This infonnation will be brought to the City Council in January. 11. Approve the Building Official Service contract with the City of New Brighton Nawrocki referred to an email and newspaper article in which a New Brighton couple sued their contractor and the City citing poor work and shoddy inspections. He questioned if this person had done any inspections for our City. Fehst stated this agreement is for backup service and the agreement holds each city harmless. Nawrocki stated that this leaves the homeowner with no recourse. Fehst asked the City Attorney to address liability. Hoeft indicated that generally cities are immune from liability in inspection services. In New Brighton the property owners had to deal with the contractor on their own. Fehst stated the need to be sure we have service for our residents. Our Building Official, Lany Pepin, does a marvelous job and is very diligent. Williams reminded everyone that newspapers sometimes get infonnation mixed up. Motion by Williams, second by Kelzenberg, to approve the Building Official Service Contract between the City of Columbia Heights and the City of New BIighton; and furthermore, to authoIize the Mayor and City Manager to enter into an agreement for the same. Peterson gave some background on instances with stucco, where the City has not been responsible, but no one is sure what causes the problem, even though contractors follow the State requirements. This has put a lot of builders out of business. P.ll City Council Minutes November 28,2005 Page 7 of 20 Diehm indicated that this agreement should be approved, while directing staff to obtain additional infonnation. Motion to amend by Nawrocki, second by Kelzenberg, to authorize this agreement after filliher investigation by the City Manager of the cited court case. Upon vote: All ayes. Motion carried. Upon vote of the original motion with amendment. All ayes. Motion carried. Fehst stated he would contact the New Brighton City Manager to discuss the situation and report back to the City Council. He indicated that we received good service from them and felt no cause to be concerned. Reconsider Motion by Williams, second by Diehm to reconsider consent agenda item #12 - Business License Applications. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to approve the items as listed on the business license agenda for November 28, 2005 as presented regarding the new licenses for 2005 and the renewals for 2006. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2005-85, being a Resolution for Rental Housing License Revocation at 1231-33 40th AvenueNE. Fire Chief Gary Gornlan stated the owner has not turned in a completed license application. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Hearing. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2005-85, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2005-85, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) ofthe rental license held by Tahner Caraway III regarding rental property at 1231-33 40th Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-85 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Talmer Caraway III (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1231-33 40th Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 8,2005 of an public hearing to be held on November 28,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 15,2005, inspection office staffp. 121 letter requesting the owner of the property to re- City Council Minutes November 28,2005 Page 8 of 20 license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 8, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to re-license the relltallicense for the property, failure to submit the application and the fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6376 is hereby revoked, 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. B) Adopt Resolution No. 2005-86, being a Resolution for Rental Housing License Revocation at 4338 2nd Street NE. GOlman stated this revocation is for failure to submit an application and schedule an inspection. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Hearing. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-86 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-86, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Nala Properties regarding rental property at 4338 2nd Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-86 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Nala Properties (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4338 2nd Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 10, 2005 of an public hearing to be held on November 28, 2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 24,2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 10, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by celiified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found tCP.1' 3' to-wit: City Council Minutes November 28,2005 Page 9 of 20 a. Failure to submit a rental license application. b. Failure to schedule a relicensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4338 is hereby revoked; 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. C) Adopt Resolution No. 2005-87, being a Resolution for Rental Housing License Revocation at 584 38th Avenue NE. Gorman stated this revocation is for failure to submit an application and schedule an inspection. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Hearing. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2005-87, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Diehm, second by Kelzenberg, to adopt Resolution No. 2005-87, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Teddynold Mendes regarding rental property at 584 38th Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-87 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Teddynold Mendes (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 584 38th Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 10, 2005 of an public hearing to be held on November 28,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, . the City Council ofthe City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 24, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 10, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to submit a rental license application. b. Failure to schedule a license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder <p 14bed herein and identified by license number U584 is hereby revoked; . City Council Minutes November 28, 2005 Page 10 of20 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. D) Adopt Resolution No. 2005-88, being a Resolution for Rental Housing License Revocation at 1815-1741 st Avenue NE. G011TIan stated the revocation is for unfinished extedor items. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Healing. Motion by WillialTIs, second by Diehm, to waive the reading of Resolution No. 2005-88, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-88, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article N, Section 5AA08(A) of the rental license held by Angela Jolmson regal'ding rental property at 1815-17 41 st Avenue NE. Upon vote: All ayes. Motion carried. Nawrocki stated his appreciation for the violation issues being listed in the resolutions. RESOLUTION 2005-88 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Angela Johnson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1815-181741 st Avenue NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 31, 2005 of an public hearing to be held on November 28, 2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: . FINDINGS OF FACT 1. That on September 15,2005, inspectors for the City of Columbia Heights, inspected the property described above and noted nine violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 31, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted eight violations remained uncorrected. A statement of cause was mailed via certilled mail to the owner at the address listed on the rental housing license application. 3. That on November 21, 2005, inspectors for the City of Columbia Heights performed a [mal inspection and noted that seven violations remained uncorrected. 4. That based upon said records of the Enforcement OffIce, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a) Failure to correct RMC violations. The violations are as follows; i. Shall repair the garage soffit and fascia that has rotted wood. ii. Shall stucco over the boarded up windows on the west side of the house, to match the rest of the house. iii. Shall repair the stucco on the house that has fallen off iv. Shall replace the missing service garage door. v. Shall replace the damaged wood trim on the overhead garage door. vi. Shall repair the damaged stucco on the east side of the garage vii. Shall reseal the driveway cracks, where grass/weeds are coming up. 5. That all parties, including the License Holder ancp.15JCcupants or tenants, have been given the appropriate City Council Minutes November 28, 2005 Page II of20 notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6723 is hereby revoked. 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 ofposting of tIlis Order revoking the license as held by License Holder. E) Adopt Resolution No. 2005-89, being a Resolution for Rental Housing License Revocation at 212- 214 42nd Avenue NE. Gonnan stated this revocation is for unfInished exterior items. A ten day extension was granted, but no additional work was completed. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Heariilg. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2005-89, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-89, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Asad Khan regarding rental property at 212-214 42nd Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-89 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Asad Khan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 212-214 420d Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 27,2005 of an public hearing to be held on November 28,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of tIle City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 8, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted seven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 19, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted six violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on October 17, 2005 the owner called and requested and was granted an extension to fmish tIle items tIlat were written up. 4. That on October 27, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted six violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 5. That on November 8, 2005, inspectors for the City of Columbia Heights performed a fmal inspection and noted tIlat six violations remained uncorrected. 6. That based upon said records of the Enforcement Office, the following conditions and violations of fue City's Residential Maintenance Code were found to exist, to-wit: a) Failure to correct RMC violations. The violations are as follows; i. Shall sod the.bare areas of the front yard P.16 City Council Minutes November 28,2005 Page 12 of20 11. Shall stain/seal/paint the bare wood on the service door to the garage lll. Shall cut/trim the scrub growth around the property, around the house, around the fence, around the garage iv. Shall remove the large pile of branches from behind the garage v. Shall replace the missing metal fascia board on the west peak of the house. vi. Shall remove the dead tree (tree stump) from the front yard. Remove to below ground level. 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, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7324 is hereby revoked. 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. F) Adopt Resolution No. 2005-90, being a Resolution for Rental Housing License Revocation at 4524 Monroe Street NE. Gonnan stated the revocation is for exterior violations, and driveway disrepair. The owner was told to contact the City for a time extension in writing, but did not do so. Mayor Peterson opened the Public Hearing. Terry Marsh, 4524 Monroe Street, admitted he did not apply for an extension, but had indicated he had questions about water run off from the required driveway and was waiting for a return call from the inspection department. When he received notification ofthis hearing, he decided to attend the meeting. He would also like to put up a fence. Gorman stated he was not aware of the request for a return call. Peterson suggested this be tabled to the December Council meeting. Mayor Peterson closed the Public Hearing. Motion by Williams, second by Kelzenberg, to table Resolution No. 2005-90 for Rental Housing License Revocation at 4524 Monroe Street NE to December 12. Upon vote: All ayes. Motion carried. G) Adopt Resolution No. 2005-91, being a Resolution for Rental Housing License Revocation at 660- 662 4 ih -1 /2 Avenue NE. Gorman stated that the next two property are together. The properties have been sold and we have not heard from the new owner. Diehm questioned the license process if the property is sold during the licensing period. Hoeft stated that if the new owner does not appear to apply for a rental license, we do not know it has sold and the license stays in effect until the renewal is sent out. Technically, the license does not transfer to the new owner. Nawrocki asked if are we licensing the property or the owner. Hoeft stated that we are licensing the owner to rent that property. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Hearing. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2005-91, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to WI? Resolution No. 2005-91, Resolution ofthe City Council Minutes November 28, 2005 Page 13 of 20 City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section 5A.408(A) of the rental license held by David Decker regarding rental prope1iy at 660-662 4ih -1/2 Avenue NE. Upon vote: All ayes. Motion carded. RESOLUTION 2005-91 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by David Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 660-662 47-1/2 Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 10,2005 of an public hearing to be held on November 28,2005. Now, therefore, in accordance with the foregoing, and all ordin\lllces and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1) That on October 24,2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2) That on November 10,2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3) 1;hat based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: 4) Failure to submit a rental license application. 5) Failure to schedule a license inspection. 6) 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, Chapter SA, Article ill 5A.306 and SA.39~(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number T7206A is hereby revoked; 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 Holdet. H) Adopt Resolution No. 2005-92, being a Resolution for Rental Housing License Revocation at 666- 668 47-112 Avenue NE. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Heming. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2005-92, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2005-92, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by David Decker regarding rental propeliy at 666-668 47-1/2 Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-92 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by David Decker (Hereinafter "License Holder"). P.18 City Council Minutes November 28,2005 Page 14 of20 Whereas, license holder is the legal owner of the reai property located at 666-668 47-1/2 Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 10, 2005 of an public hearing to be held on November 28,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT . 1. That on October 24,2005, inspection office staff sent a letterrequesting the new owner ofthe property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 10, 2005, inspection office staff reviewed the property file and noted that theproperty . remained unliGensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: . a. Failure to submit a rental license application. b. Failure to schedule a license inspection. 4. That all parties, induding 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, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number T7206 is hereby revoked; 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 thefrrst day of posting of this order revoking the license as held by License Holder. I) Adopt Resolution No. 2005-93, being a Resolution for Rental Housing License Revocation at 4550 Madison Street NE. Gonnanstated revocation is for violations in common areas and exterior items. This is a four- plex. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Hearing. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-93, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-93, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Artide IV, Section 5A.408(A) ofthe rental license held by Catalina Peralta regarding rental property at 4550 Madison Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-93 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Catalina Peralta (Hereinafter "License Holder"). Whereas, license holder is the legal owner cif the real property located at 4550 Madison Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 1, 2005 of an public hearing to be held on November 28, 2005. P.19 City Council Minutes November 28,2005 Page 15 of20 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1) That on September 14, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2) That on November 1, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted five violations remained uncon'ected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3) That on November 22, 2005, inspectors for the City of Columbia Heights performed a fmal inspection and noted that five violations remained uncorrected. 4) That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: 5) Failure to correct RMC violations. The violations are as follows; 6) Shall repair the door closer for the rear door on the unit, so that it closes and latches under its own power. 7) Shall install a screen on northwest bedroom window of the unit 8) Shall install a minimum 2A1OBC sized fITe extinguisher in the building hallway. 9) Shall install screens on all units from May 1 to Sept. 30 10) Shall repair the building entrance door on the north side. 11) 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, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number PF7219 is hereby reyoked. . 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. J) Adopt Resolution No. 2005-94, being a Resolution for Rental Housing License Revocation at 4410 Central Avenue NE. Gorman stated this revocation is for failure to submit license application and fees. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Hearing. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-94, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-94, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Nate Williams regarding rental property at 4410 Central Avenue NE. Upon vote: All ayes. Motion carried. Kelzenberg stated tins property was cited earlier in the year for not cutting the grass, and it was never cut again during the year. Fehst stated that was close to the end of the cutting season, but there would nonnally have been follow up. Peterson stated this has been a problem property. RESOLUTION 2005-94 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Nate Williams (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4410 Central Avenue NE, Columbia Heights, Minnesota, . P.20 City Council Minutes November 28, 2005 Page 16 of20 Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting forth the c:auses and reasons for the proposed Council action contained herein was given to the License Holder on November 8, 2005 of an public hearing to be held on November 28, 2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 15,2005, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 8, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to re-license the rental license for the property, failure to submit the application and the fees. 4. That all parti~s, 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, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6866 is hereby revoked, 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. K) Adopt Resolution No. 2005-95, being a Resolution for Abatement at 4540 Tyler Street NE Gonnan stated this property is vacant. Violations are on the exterior and the request is for abatement so removal may begin this fall. There are window and screen items that may need to be done from the interior. Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson closed the Public Hearing. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No.2005-95, there being ample copies available to the p,ublic. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-95, a resolution of the City Council of the City of Columbia Heights declaring the property at 4540 Tyler Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Diehm questioned the process to get a revoked license reinstated. G011TIan stated they must meet the repair requirements, reapply for the license, and pay the re-license fee. Diehm asked if they are non-confonning if they can not reapply. Gorman stated they would not be able to reapply if the property were vacant for six months. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Ordinance #1501- to amend the City Code 6.801 Violations regarding Exterior Improvement Compliance Fehst stated the purpose of the Ordinance is for more restrictive parameters to complete exterior improvements by limiting the building pennit to 180 days. This is to assure sufficient progress on projects. This ordinance is similar to that of Shoreview and Plymouth. Fehst stated that the ordinance includes exterior and finP.2 hde completion within 180 days of a city issued City Council Minutes November 28, 2005 Page 17 of20 . building pennit, and significant progress with 90 days as deemed by the Building Official. Williams asked if this would solve the situation on Cleveland. Fehststated the question there is who owns the property, which we are researching. Hoeft stated this Ordinance would have allowed the Building Official more initial contact on the project. Hoeft gave the background of finding and contacting everyone involved with this property, which shall be notified when an abatement hearing date is scheduled. We want to make sure everyone involved is notified. Nawrocki questioned when the abatement process would begin. Hoeft indicated there is still infonnation to obtain from the Secretary of State's office and notices must be sent ten days prior to the hearing. Possible dates are December 12, 2005 or January 9,2006. Fehst stated 'that there has been a dramatic amount of cleanup to the outside of the building, but we still intend to proceed with the abatement. Nawrocki asked what this Ordinance would do to existing pennits. Hoeft stated that the 90 day significant progress rule would apply. Motion by Nawrocki, second by Williams, to waive the reading of Ordinance No. 1501, there being mnple copies available to the public. Upon vote: All ayes. Motion carried. MotionNawrocki, second by Willimns, to set the second reading of Ordinance No: 1501 for Monday, December 12, 2005 beginning at approximately 7:00 p.m. in the City Council chmnbers. Upon vote: All ayes. Motion carried. 2) Adopt Resolution No. 2005-84, authorizing and directing condemnation of certain property for public road purposes in connection with the Grand Central Lofts redevelopment site. Fehs1'stated that negdtiations have stalled on the road purpose property for Grand Central Lofts. An agreement was reached with the owner ofthe property, but not with the owner of the restaurant. Our contract with Nedegaard states ifthey can not agree on reasonable circumstances, similar to Savers, Council would be asked to provide a resolution. Motion by Nawrocki, second by Williams, to waive the Teading of Resolution No. 2005-84, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2005-84, authorizing and directing condemnation of certain property for public road purposes in connection with the Grand Central Lofts redevelopment site. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2005-84 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR ROAD PURPOSES WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the City; and WHEREAS, the City Council fmds that it is necessary, convenient, desirable, for a public purpose, in the best interests of the City and will promote the general health, welfare and safety of the community for the City to acquire easements encumbering the Subject Propertp. 2 21escribed in Exhibit A for street purposes; and City Council Minutes November 28,2005 Page 18 of20 WHEREAS, the City Council fmds that the funding and construction schedule for the construction of street improvements within and upon the Subject Property makes it necessary to acquire title to and possession of the proposed easements encumbering the Subject Property prior to the fIling of the fmal report of the condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: 1. It is necessary that a permanent easement for street purposes and a temporary construction easement encumbering the Subject Property be acquired by the City as described in Exhibit A attached hereto through the exercise of the power of eminent domain if counsel for the City in this matter is unable to obtain such easements through voluntary negotiations. 2. The law fIrm of Kennedy & Graven, Chartered is hereby authorized and directed to take all steps necessary to acquire said easements on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. ~ 117.042, prior to issuance of an award of damages by Court-Appointed Commissioners. 3. The City Manager is authorized to determine the amount of just compensation for the taking of said easements encumbering the Subject Property for tlle purpose of presenting an offer to the owner of the Subject Property pursuant to Minn. Stat. ~ 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. ~ 117.042. Other Business Snowplowing Ordinance Discussion Fehst referred to the annual Public Works, Police, and Fire Department meeting on snow plowing. Again, there will be no overnight parking from November 1 to March 31 and dUling snowfalls over three inches. Columbia Heights crews do a good job of keeping our streets clean. Fehst suggested examining the odd/even process of parking or posting problem streets. It would be too late to implement this year, but should be discussed for the future. Nawrocki stated this policy is not new, and results in no parking during certain hours ofthe night. It allows streets to be cleaned prior to residents leaving for work in the morning. Parking on odd or even days complicates the issue. Workers have the authority now to post streets as necessary. Fehst stated that additional posting and towing might result in telephone calls to City Council members. Nawrocki asked that the Council be notified of what streets were posted. Fehst stated this could be included in the weekly "Green Sheet". Williams questioned how new residents are notified of the 2 a.m. to 6 a.m. parking restriction. Fehst stated there are 19 signs posted in our city, it is on our web site, and in our city newsletter. Hoeft stated that the city is in notification compliance with State Statute. Peterson indicated this is included in our new resident packets, and suggested Councilmembers have some available to hand out. Hoeft stated that the Police Department also places notification flyers on vehicles. Peterson indicated that a motion was not needed to allow Public Works crews to post streets as necessary to remove a heavy snowfall and make the streets passable for our fire vehicles. ADMINISTRATIVE REPORTS Report ofthe City Manager . 3841 3rd Street: (discussed last meeting) there are now even more cars in the fenced area. . 4141 Jefferson: Someone is storing cars at this propeliy. . The December Planning and Zoning meetinQ: will include a public heating on the current auto lot and duplex moratOliums. First readings P. 2 3dinances would be December 12. City Council Minutes November 28,2005 Page 19 of20 · Truth and taxation meeting will be December 5 at 7 :00 p.m. · He will meet tomon-ow with the Mayor, Community Development Director and representatives of the YMCA, to discuss a community center concept. Since the school referendum passed, the stated intention ofthe majority of the Council would be to build gyms. Staffwill work at this as Council directs. · The budget is the major concern for the next several weeks. Williams suggested scheduling a meeting with the School Board. Diehm suggested meeting after the first of the year. Nawrocki stated he received his Truth in Taxation notice with an eight percent increase. On the Anoka County web site, for the average Columbia Heights home, we are a little on the high side, and now with the school district referendum it will be even higher. Report of the City Attorney - none CITIZENS FORUM - none COUNCIL CORNER Nawrocki · The City newsletter has infonnation on low income and senior utility rates. · Attended the LMC and Metro Municipalities joint meeting re: transportation long-range plans, insurance, and iImninent domain on November 17. · Wednesday is the Public Officials meeting. Suggested Streetar speak on ilmninent domain. . AMM Policies and Session Law summaries available. . Infonnation on Fire Department liabilities issues available. Fehst stated that Streetar would speak in Rochester on imminent domain. He suggested a resolution asking our Legislators to take a guarded position on this issue. Kelzenberg . Hoped that everyone had a good Thanksgiving. . Wished all a good holiday season. . Reminded everyone to mail early. Diehm . Get involved in our cOlmnunity. · Support our local school activities: Attend a choir conceli, or band concert. . Check out our school's web sites. . Support our cOlmnunity. Williams . COlmnended his colleagues for a nice meeting. · Impressed with development in the old industrial area. Encouraged citizens to dlive past the area. . Wished everyone a Men-y Christmas and Happy New Year. Peterson . Most of the Electric Steel building is demolished, letting in a lot oflight from the west. It is very exciting. . The Kick Off Party was a huge success. Vern Gagne and the Vikings Cheerleaders were present. There will be an excess of$7,000 donated to tlp.2'4~tivity fund. City Council Minutes November 28,2005 Page 20 of 20 · Don't forget SACCA this holiday season. They need help - give money, time,or food items. . The CERT program graduated their 4th class and held a training exercise in the Public Works yard, but he was not notified. There were 20 Fridley CERT volunteers. . Don't take life too seriously - do a random act of kindness. ADJOURNMENT Mayor Peterson adjoumed the meeting at 9:35 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.25 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL TRUTH IN TAXATION HEARING DECEMBER 5, 2005 5-A-) ~f' ~,.J ~;::' (;:~ !.,: r,v.lI11 r, \,i'! rr E' ~,'" L$!\ V ~~' u ~ n~'1...r.". h, "' ,..> i =,,.p i r,t'\\ 1>-" !r\J C'l.'"~~ Pr" r,' f~~ h,! b [nJ P R (n \! F~' n ~ \l l R fi.,) bbS'~ H ~ ~ u . 'oJ' ~ ,",..~".", The following are the minutes for the Truth in Taxation Hearing of the City Council held at 7:00 p.m. on Monday, December 5, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 1. Call Truth in Taxation Hearing to Order - Roll Call Present: Peterson, Williams, Nawrocki, Diehm, Kelzenberg 2. Pledge of Allegiance - recited 3. Presentation of 2006 Budget and Tax Levy Infonnation a. Walt Fehst, City Manager, indicated that the budget review began in August of2005. He described the budget process and the three year objective. The il1itial reading was for an overall 4.4% increase. This has resulted in property tax increases varying from one to eight percent. F ehst described budget cuts that were replaced last year and recommended add backs this year in the police, fire and library budgets. ' b. William J. Elrite, Finance Director, narrated a power point presentation on the 2006 budget recommendation. He stated copies were available on the table in the rear of the room for members of the audience. The power point presentation included: a) Budgetary funds revenue by source - taxes, utility sales, liquor, fines, licenses and pennits, govel11mental revenue, charges for services, TIF and HRA Levy and miscellaneous b) Budgetary funds expenditures by functional area: administration, recreation, public works, police, liquor, library, general govel11ment, fire, finance, cOlmnunity development, and debt service c) Sources of general fund, library fund and EDA revenue - taxes, transfers and non revenue, intergovel11mental, charges for services, and other d) General fund, library, and EDA expenditures by classification - personal services, contingencies and transfers, capital outlay, other services and charges, and supplies e) General fund by percent of total- police, public works, and fire are the largest f) History oflocal goVel11111ent aid in Columbia Heights -loss of govel11ment aid is $4,962,530 since 2003. g) Property taxes 2004-2007 - this began with a plan to deal with the significant loss of goVel11111ent aid. This table was a breakdown of the levies and general fund h) Breakdown of property taxes and where they go - for the years 2005 and 2006. Fehst and Nawrocld referenced the change in school taxfunding. i) Property tax history from 1997 to 2006 on five selected properties. This was based on the infonnation sent out by the County and does not include the school referendum increase. j) Tax levies payable 2003-2006 - tIus infonnation was on a variety of market value homes k) Cumulative LGA lost - this compared certified LGA and LGA lost 1) LGA and Tax Levy history - with the effect on taxes. We have still not replaced the revenue that we were at in the 2003 budget. m) Tax suppOlied budgets, general fund, library fund, EDA fund - The budget is P.26 City Council Minutes December 5, 2005 Page 2 of 4 still down from four years ago, and we have absorbed inflation and the cost of living, while maintaining services. n) Cost savings from 2003 to 2007 - Our net budget reduction over four year is approximately $300,000. 0) What will $50 a month buy? - property taxes on an average home will be $50 a month. This compmison shows what $50 a month will buy relative to city serVIces. Nawrocki felt this document unduly emphasized the loss of LGA on our budget and did not show HRA Levy infonnation. There was a time when we did not receive state aid. Nawrocki stated that this infonnation does not show the surplus funds we have. LGA was also taxpayer money, so they are not getting relief. There are parts ofthe budget that can fluctuate yearly, such as employee compensation. When we reduced personnel, the job still got done. We have surplus funds. He referred to the property tax listing in the Anoka County newspaper. Nawrocki stated he researched what a median value home in our cOlmnunit'j would pay if placed in another communit'j. He stated his personal property tax went up 8.6 percent in city tax. c. Presentation by staff on department needs - Tom Johnson, Chief of Police Jolmson described the need for an additional Police Officer to assist the Anoka/Hennepin Drug Task Force. He listed the 2004 and 2005 incidents the Task Force were involved with in our city. Johnson detailed the extensive problems associated with the growing use of methmnphetamines in our area. Nawrocki agreed there is an increasing problem with meth, but his understanding was that the County Task Force was to deal with it. They are negating the property tax resource he and regrets that, but at this point we don't have much choice. Bob Streetar, COlmnunity Development Director Streetar stated that the City Council has established certain goals. He pointed out the development in the old industrial park. The ElectIical Steel building is now demolished. 23 units in the phase one development are now sold. The city has received $3 million in grants and we have applied for an additional $1 million grant. Also, 21 units sold have been sold at Grand Central Lofts. The Council has looked at additional redevelopment south of the Heritage Heights neighborhood. A study is being conducted and a neighborhood group will begin to meet in Janumy. Streetar pointed out that people want other things to happen in the city, such as development at 39th and Central. A city tour is being considered for December 17th. There is a development agreement for 40th and University and possible development for the Apacha Theatre area next year. Streetar stated that he gave a presentation to the League of Minnesota Cities on our industrial park redevelopment last Friday and they were amazed at the challenges we m'e overcoming. d. Walt Fehst, City Manager Budget Presentation SUlmnation Fehst stated that the City Council has discussed dedicating some ofthe fund balance to the development of Grid 8, the Heritage Heights area. A resolution will also be prepm'ed to protect some of the fund balance for three gyms, possibly at the NEI site or Murzyn Hall; possibly in connection with the schools or an outside agency such as the YMCA. Fehst handed out the Citizens League Report on property taxes. Columbia Heights was 163rd of 168 cities for the median household property tax. Our median tax value went fi'om $147,000 to $156,000. P.27 City Council Minutes December 5, 2005 Page 3 of 4 Fehst listed details from the report. He refelTed to the effective tax rate. Columbia Heights had a high increase in our market value, which is a good thing. Nawrocki stated that numbers can be manipulated and gave examples of value differences. Fehst stated that Columbia Heights has the best tax value. Nawrocki stated his concern is for seniors living on social security. Streetar stated that if taxes lise more than 12 percent there is a tax break available and another break available for eligible seniors. Anyone wanting infonnation on these programs can contact him. Streetar explained how the Citizens League determines their numbers. Fehst indicated that the new housing developments would affect the overall market values. e. Public Comments Mayor Peterson opened the Public Hearing. Harold Hoium, 4315 5th Street NE, stated that hidden funds were available to cover needed costs. He refened to the abatement of his property. Joyce Myers, 4931 Jackson Street, also refened to the abatement of her propeliy and the injustice of the system. Troy Neurauter, 4954 7th Street, stated that residents want quality services, which they realize cost money and may require that taxes be raised or to decide which services are critical. He indicated that Fire and Police services are very critical, especially with additional housing being build. The citizens of this city aren't getting the services they deserve. If you keep residents happy they will tell their friends who will move here too, but if you are on the news for problems and section 8 housing you will lose residents. Nawrocki asked Neurauter how he would evaluate the services ofthe city. Neurauter stated that the people hired are trying to do the best they can, but when they do not have the best tool,. equipment, or training to do the work, you can not do the best job. Peterson stated that we have many ofthe best services around, and he would not accept criticism of our Police or Fire Departments. Lee Stauch, 1155 Khyber Lane, stated that our Police and Fire Departments give good service, and most of our streets are taken care of - our service is above average. Jeff Diehm, 5125 St. Moritz Drive, stated he watches the Council meetings and does not like the theme of negativity and wants it to change. The cuts in budget have been endured. He stated he came to this cOlmnunity ii-om California and they deal with many of the same issues. Diehm applauded the last meeting when everyone worked together. He stated the other meetings insult him. Our greatest savings is in our real estate and our homes, and the value is outpacing our taxes. Diehm applauded Streetar for the development that is under way. He stated that when he first came to the cOlmnunity there was no change happening, but now people see Columbia Heights as a desirable cOlmnunity with things happening. He applauded staff for maintaining and improving the level of service in the face of budget reductions. Diehm indicated that fund surpluses should go to improve parts of the city that hOlTify neighbors and areas that need to have something done. Diehm stated that he was willing to endure the tax increase to his home, as he knows it is not due to wasteful spending. He stated that P.28 City Council Minutes December 5, 2005 Page 4 of 4 he does not see waste or fluff. He indicated the definition of a Patliot is a person that loves their countly and is willing to saclifice for their country. We can say the same for our city. We will ultimately all benefit from saclificing for our community. Williams stated police, fire, and public works services are essential to our city. Protection is essential to our city. He stated he is all for the 25th officer. We must continue to redevelop our city. He stated his beliefthat as a small city we must work with our school district. We have been very careful how we spend our citizen's money. While he has been on the City Council home values have doubled. f. Adiournment of Tmth in Taxation Hearing Mayor Peterson adjourned the Tmth in Taxation hearing for Council members to enter an Executive Session for the purpose to discuss labor negotiation issues at 8:35 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.29 ECONOMIC DEVELOPlVIENT AUTHORITY (EDA) SPECIAL MEETING MINUTES NOVEMBER 2, 2005 5-.1-\ -3-Q CALL TO ORDERlROLL CALL President, Murzyn, Jr. called the meeting to order at 7:04 p.m. Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams~ Bruce Nawrocki, Tammera Ericson Diehm, Gary L. Peterson and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes Financial Report and Payment of Bills Nawrocki asked what account #201-42400 is usedfor. Streetar stated under account 42400 it is inspections, licenses, some of his time, and cher 's, all of Jeff, Larry and Shelley's time, under 46310 is his, randy, kirsten and cher 's time, and that some of cher 's and his comes from Parkview Villa budget also. Nawrocki asked if anyone's time comes from CDBG. Streetar stated it is an account to transfer funds receivedfrom Anoka County and then goes into the redevelopment project account. Nawrocki asked what the checkfor Dahlgren Shardlow and Uban was for. Streetar stated it was for Jennifer Haskamp and Perry Thorvig's time in the interim ofhiring afull time planner. Motion by Ericson Diehm, second by Williams, to adopt the consent agenda items as listed. All ayes. Motion Carried. DISCUSSION ITEM A. 39th & Central Redevelopment Streetar stated this discussion item is to update the EDA on the redevelopment of the 39th and Central Avenue block, as well as request directionfor the next steps. The City Council established in January 2002 that this area was a top redevelopment goal. The project area includes the Burger King, Mady's Retail Center, Bowling Alley, and Columbia Heights Rental properties. The planning process done by Dahlgren, Shardlow and Uban (DSU) included two components: 1) to solicit residents and businesses feedback on the redevelopment area; and 2) was to prepare four possible redevelopment concepts for the project area. All three of the properties have completed a Phase one environmental assessment, which is a historical review of the property to determine the likelihood of contamination. The Burger King property is contaminated primarily with construction debris and household garbage. There is a high probability that similar contamination extends south to the Mady's and Columbia Heights Rental properties also. Staff has applied to DEED for a grant to pay for the Phase II environmental assessment, which determines the extent of contamination and the most efficient method of remediation and costs associated with it will be completed in January or February of 2006. The cost of this investigation is approximately $62,745. Any costs not covered by the grant will be covered by funds the City P.30 Economic Development Authority Meeting Minutes November 2, 2005 Page 2 of5 required the Nath Companies escrow for investigation and clean up at the time Burger King was acquired The owners ofboth Mady's and Columbia Heights Rental have agreed to permit a phase II investigation of their property. A Tax Increment Financing eligibility assessment was preformed on all three properties to determine if conditions exist to establish a TIF district and it was determined that all three were blighted and subsequently qualifY for a 25-year redevelopment TIF district to be developed The pIctures in the packet of the Gateway Project in Shoreview, Silver Lake Village Project in St. Anthony, Golden Valley Town Square in Golden Valley, Excelsior and Grand in St. Louis Park and the Pines and Woodlake Center in Richfield all are successful redevelopment in-fill projects staffwould like to arrange a tour sometime this monthfor the board John Slack, DSU, stated they have some history in the area and are also working with the City afHilltop. Streetar asked ifhe had any idea when we could see the Hi/hop redevelopment concept. Slack stated the plan was presented last week and could get the documents to him. Two public hearings were held at the Library on May 16th and 19th, where residents and businesses providedfeedback regarding the area between 37'h & 42nd Avenues along Central Avenue. Four of the top components for Negatives, Vision, Opportunities, and Issues that were discussed were: The Negatives were: a) competition from Apache businesses; b) safety; c) poor buildingfar;ade; and d) blighted buildings. The Visions were: a) vibrant business mix; b) a re-energized community with youngfamilies andfamily-focused areas such as parks and a community center; c) a viable retail and small business area through increased tax base and employment opportunities; and d) maintainedold look in the area, reinforce character, and continuity along the street front. The Opportunities were: a) bring residents into the business district; b) attract people from outside of the community; c) needfamily restaurants/cojJee shops/American type restaurants; and d) practical stores/trendy restaurant/American type restaurant. In addition, four redevelopment concepts were prepared representing some possibilities for redevelopment, such as Urban Row townhomes, Flats, Townhomes, and Senior Rental units at market rate. All of these concepts are in the City's Comprehensive Plan Goals, which are to strengthen the image of the community, preserve and enhance the existing viable commercial areas, advocating high quality development and redevelopment within the community, providing a variety of life cycle housing opportunities and employment opportunities. Streetar asked Commissioners Nawrocki and Peterson if they had any comments to add, as they were at the meetings. Nawrocki stated most of the people at the meeting were business owners and that out of 35 people no one finding stands out. Streetar stated what that says is the people that came, care and are concerned Nawrocki stated he was very surprised to here they want parking infront as years ago it was determined parking in the rear was much safer. Slack stated in urban areas they are making parking for shopping more safe and that he is a member of a group involved in working on ideas to promote people to walk and exercise more, thus moving the parking spaces a little farther away from the business promotes better health. Slack stated in Concept A it defines boundaries, one main access into the site, they looked at a pedestrian connection, sidewalks, enforcing connection to a public parking ramp, which is P.31 Economic Development Authority Meeting Minutes November 2,2005 Page 3 of5 under utilized, felt there was a need for senior rental, especially as it is close to the clinic, churches, shopping mall, and drug store, provides access into the development, parking behind and along Central Avenue, some small businesses, offices, small restaurants, creates an amenity for the development~ shared parkingfrom both the side and behind the theatre, creating a new front door for the church and parking area thqt is shared, urban rowhouse models along the road, which utilizes the space currently unused behind the rental building, and incorporated a community garden. Slack stated in Concept B it is essentially the same, except they moved the housing forward and created a green space for residents behind the building, as they had concerns about parking on Gould and would possibly close off access to Gould, but still obtaining access for fire and police, and emphasizes shared parking. Nawrocki stated with this concept you are essentially eliminating an entrance to the bank and the parking ramp, which comes off of Gould Peterson asked when you come west on Gould could you get through to the bank Slack stated that is one of the things the concepts bring up, for discussion. Slack stated in Concept C he wanted to focus on continuing the street access through the site, for vehicles, it has generous sidewalks and boulevards, created more shared parking opportunities with the church and apartment building, and tends to open up the site and allow for more residents components. Slack stated in Concept D it is a long term concept, with buildingfronts along Central, expanded the road connection with a long term commitment, looks at the church and parking lot set back, shows urban townhome flats enhancing the corner, works around the apartments, brings in the road connection, and creates shared parking. Murzyn asked what would we do with the church. Fehst stated it was a small church, with less than 100 members and there is another church in town that is looking to move, maybe they would consider moving to that location, it would certainly be something staff could look into. Peterson stated we should take out the apartments, not the church, as the apartment building has problems. Streetar stated when he met with the church members, they stated they wanted to see senior rental housing and had been talking about an expansion for youth, to their building. Loren Brueggemann, Sherman and Associates, stated as a developer, Concept C gives him the most interest, with more entrances, you could possibly add another row of urban townhomes, in his mind he sees the businesses need people, the homes have real urban appeal, with attached garages, greenery, walkways, it would be very appealing to the mid-range baby boomers. Between now and 2010, what we call the normal household of the 2 adults, I child demographics will decline by 80,000 units over the entire United States, and the non- . traditional household will increase by twelve million units, which is single adults, single adults with children, persons living as room mates, which likes to walk, has a tendency to have two homesteads, senior rental would be a good choice. He could also see some two-story houses, with two or four units connected The idea today is to go into the housing market with P.32 Economic Development Authority Meeting Minutes November 2, 2005 Page 4 of5 diffirent varieties of housing to attract all types of resident interests. Streetar stated there are two things staff would like the boards feedback on: 1) staff could arrange a tour sometime in November to a couple developments that are already established, if the board is interested; and 2) at this point staff would like to .get direction to pursue developers. .~' . Streetar stated he has talked to Gene Mady, which was very cooperative and would like to see a redevelopment in 12 months on the site. The owners of the Columbia Heights Rental went before City Council for approval to build a new facility behind White Castle, which was approved They have since sent a letter to Council members stating they would like to stay where they are at, which brings up three issues: 1) the property is non-conforming, meaning they would not be able to stay at that site and expand; 2) they have a lot of outdoor storage that isn't allowed, and 3) they have been good to work with, made a decision to move once before, which is a better decision than trying to stay where they are at. Fehst stated one of their main problems was that they bought two acres and really only need one, so maybe we could help them out somehow. Streetar stated he has sent commercial companies to them, but nothing has developed Williams asked if the garden area in Concept C is appealing to people, are they for sale and how many. Slack stated they felt the need to provide community gardens, which are extremely popular and there would be 20 homes, lOon each side for sale. Murzyn stated if we got proposals for developing the site, those developers would do a market study to see what we should put there. Streetar stated if you wanted to go that route: 1) we would take these concepts as an idea to see what the board is most interested in; and 2) talk about what the community needs, as we know there is a need for senior rental housing and commercial, but felt it was important that who ever the EDA decides to work with, has a record of success. Murzyn asked if the board would like to set up a date to take a tour. Fehst stated it would be good to look at something after the last budget meeting on December 1 ih, but if they wanted to go sometime sooner, that would be okay too. It was determined to set up the tour for Saturday, December 17th from lOam to 1pm. Streetar stated staffwould make the arrangements. Murzyn asked ifwe should direct staff to prepare thingsfor proposals. Nawrocki stated he was against more housing, would like to see more jobs created and wants to go on the tour first. Peterson stated there would be more commercial in two of the big buildings with this project. ", Peterson asked to have developers look at the apartments in that areafor possible redevelopment in the future. P.33 Economic Development Authority Meeting Minutes November 2, 2005 Page 5 of5 ADMINISTRATIVE REPORTS Apache Theater Streetar stated he has recently talked to Gerry Herringer, who is working with a developer for the site, but hasn't had time to start any real plans yet. Industrial Park Schumacher stated we are a couple of weeks behind schedule, there are three crews working currently, a fourth crew will be starting tomorrow, the plan is to put the first layer of blacktop on the round-a-bout and down to 5th Avenue, they have two pads started, 16 permits have been pulledfor the first two buildings, they will try to work as much as they can before winter, 50 % of the pads are completed, the pilings are complete, a manufactured wall will be going up next week. Phase 11- has received a lot of good response from DEED and Met Council after the groundbreaking, all of the out buildings have been removed, the back side of the foundry has started coming down. Phase 111- submitted the grant yesterday for the Grief Brothers property at $1. 886 million, which we are hoping to hear by the end of December if we have received the funding, there is a City webcam that can be accessed through our City website, that was purchased usingfundsfrom the L T. Department. 49th & Central Redevelopment Update Streetar stated Anderson Builders has been working with owners of LaCaberna, Car Wash and Taco Bell. Staff would like to have Anderson come to the EDA meeting in December to update the board on the redevelopment site. Other Businesses Williams reminded the board that they have committed to working on a Community Center with gyms if the school levy passes next week. ADJOURNMENT Motion by Kelzenberg, second by Williams to adjourn the meeting at 8:49 pm. Respectfully submitted, ~"/ //1~// , . J .J ~ c...,(.-.-. I'''' ,_", _...._. ,J.:J..,t......_ s !'- . ...~-d..'.' ~ "" (..y Cheryl Bakken Community Development Secretary H: \ED Arninutes2005\ 11-2-2005 .. P.34 PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING DECEMBER 6, 2005 7:00 PM N O-r '-I e+- Ar)p6'6\.J~d .. 5~A-5- b The meeting was called to order at 7:00 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Shelley Hanson (Secretary) and Tami Ericson Diehm (Council Liaison). Other Council members in attendance for the presentation on the agenda items were: Motion by Peterson, seconded by Thompson, to approve the minutes fi'om the meeting of November 1, 2005. All ayes. MOTION PASSED. PUBLIC HEARINGS Case #2005-1204 ZONING AMENDMENT Relating to R-2, One and Two Family Residential District APPLICANT: City of Columbia. Heights PREPARED BY: Jeff Sargent, City Planner BACKGROUND: Due to recent events related to the construction of new duplexes in neighborhoods primarily comprised of single-family homes, the City Council and Planning Commission directed staff to review the zoning regulations governing duplexes. Specifically, the City Council and Planning Commission have expressed concerns over duplexes located in predominately single-family neighborhoods and the scale or size of duplexes being constructed compared to the character of the sUlTounding neighborhood. Patrick Smith, a former Columbia Heights City Planner, did some research regarding duplexes within the city limits and addressed his conclusions in a memo submitted to the City Council on May 17, 2005. The memo stated that based on rental licenses, there are approximately 354 duplexes located in the City of Columbia Heights. Staff also compared Columbia Heights to 12 similarly developed cities, and concluded that Columbia Heights has the highest percentage of dwelling units that are duplexes, at 6.7%. This is well over the average of2.3% for the other 12 cities. It was also discovered that Columbia Heights has the second smallest minimum lot size requirement for duplexes at 8,400 square feet, compared to the average lot size for duplexes in the other cities at 12,130 square feet. With this information, it can be interpreted that the City of Columbia Heights has an over-abundance of duplexes, on fairly small pieces of property. When duplexes are constructed on smaller 101.s, it causes a crowding effect, especially when they are located adjacent to single-family residences. In order to help appease this problem, Staffhas recommended that the ordinance be amended establishing a new zoning district specifically for duplex uses. P.35 PLANNING & ZONING COMMISSION MINUTES PAGE 2 DECEMBER 6, 2005 ANALYSIS: The formation of a new zoning district, along with the text amendment requiring a larger minimum lot size for duplexes and twin homes will cause some non-conformity. The existing duplexes will be affected in one of two ways. All current duplexes will be zoned to the R-2B zoning District, which would require a minimum lot size of 5,100 square feet for those duplexes and twin homes constructed prior to January 1, 2005 and 12,000 square feet for those duplexes and twin homes constructed after January 1, 2005. (Please note: the members wanted the dates changed to January 1, 2006). The only duplexes or twin homes that would become legally non-conforming would be those duplexes and twin homes constructed prior to January 1, 2005 (2006) that had a lot size of less than 5,100 square feet. All proposed duplexes and twinhomes would be allowed in either the R-2A or R-2B Districts through a Conditional Use Permit. Any newly constructed duplexes must be located on a property of at least 12,000 square feet. CONSISTENCY WITH COMPREHENSIVE PLAN: There are two pertinent housing goals stated in the City's Comprehensive Plan regarding duplexes and single-family neighborhoods. First, the City will "provide a variety of life-cycle housing opportunities within the community". Second, the City will "promote and preserve the single-family housing stock as the community's strongest asset". An implementation strategy for the second goal is that the City will identify non-conforming uses within residential districts and take actions to bring them into compliance. NON-CONFORMING USES: Non-conforming uses may continue indefinitely unless the nonconformity or occupancy is discontinued for a period of more than one year, or the nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In addition, . current regulations do not allow non-conforming uses, including duplexes, to expand. FINDINGS OF FACT: The City Council shall make each of the following findings before granting approval of a request to amend the City Code. They are as follows: a) The amendment is consistent with the comprehensive plan. There are two pertinent housing goals stated in the City's Comprehensive Plan regarding duplexes and single-family neighborhoods. First, the City will "provide a variety of life-cycle housing opportunities within the community". Second, the City will "promote and preserve the single-family housing stock as the community's strongest asset". These proposed amendments would be consistent with the Comprehensive Plan P.36 PLANNING & ZONING COMMISSION MINUTES PAGE 3 DECEMBER 6, 2005 b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The City of Columbia Heights is proposing these City Code amendments because stafffeels that they are beneficial to the community. City staff has received numerous complaints and questions regarding duplexes and twin homes, which the City hopes these Code amendments would help alleviate. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning clas'sification. The properties that will be rezoned will be rezoned to a zoning classification specific to the properties in question. Therefore, the existing use of the properties and the zoning classifications of property within the general area of the property in question would be compatible. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification The trend in this case has been to construct duplexes and twin homes in predominantly single- family districts. The proposed amendments will help protect the single-family housing stock by requiring new duplexes and twin homes to obtain a Conditional Use Permit prior to construction. RECOMMENDATION: Staffrecornmends rezoning originally constructed duplexes to R-2B and the rest of R-2 to R-2A. Duplexes should be permitted in both R-2B and R-2A as Conditional Uses. Minimum lot size for R-2A should be 12,000 square feet. Minimum lot sizes for R-2B should be 5,100 square feet for lots existing on January 1, 2006, or 12,000 square feet for lots established after January 1, 2006. Questions by Members: Szurek asked whether twin homes would be allowed in the proposed R-2A district with a minimum of 12,000 sq. ft. if a Conditional Use Permit were granted. Planner Sargent told her, yes, they would be allowed. She asked if this would discourage huge twin homes being built next to smaller single family homes. Sargent explained he could not guarantee it would discourage people from doing that, but with the requirement of the Conditional Use Permit, the Commission and City Council would be able to determine if the proposed structure would be acceptable or not. P.37 PLANNING & ZONING COMMISSION MINUTES PAGE 4 DECEMBER 6, 2005 Fiorendino asked if existing double bungalows need to apply for Conditional Use Permits, or ifthey would be grandfathered in. Planner Sargent explained that owners of existing doubles or twin homes will not need to do anything. Conditional Use Permits will only be required on construction of new doubles or twin homes. Szurek questioned whether non-conforming structures would be allowed to rebuild if destroyed more than 50%. She was told that since State Stahltes changed a couple of years ago, owners are allowed to rebuild if they apply for the building permit within 180 days. Peterson questioned the dates in the staff report using January 1, 2005 as the determining point. He felt it would be more appropriate to use January 1,2006. Even though the moratorium has been in place for most ofthe year, and no structures were built, the other members agreed this would'be more appropriate. Peterson also asked what the average lot size of single family properties in Columbia Heights was. Sargent explained this varies throughout the city and minimum requirements vary depending on the zoning district the property is in. The minimum single family lot is 6,500 sq. ft. So the newly proposed lot size of 12,000 sq. ft. for doubles or twin homes would be essentially the same as two single family lots. This should help ensure the structure blends into the neighborhood better. Peterson then asked if the minimum sq. ft. requirements for R3 and R-4 districts should also be increased. Planner Sargent explained that there are areas where we want denser housing to exist, so he felt the lot size requirements for these zoning districts were acceptable as is. Fiorendino confirmed that any existing doubles or twin homes will be re-zoned to the R-2B zoning classification. Planner Sargent then reviewed the Ordinance enclosed in the agenda packets that will amend the Zoning Ordinance to reflect these recommended changes. Public Hearing was opened: No one spoke on this issue. Public Hearing was closed. P.38 PLANNING & ZONING COMMISSION MINUTES PAGE 5 DECEMBER 6, 2005 Motion by Peterson, Seconded by Schmitt, that the Planning Commission recommends the City Council approve the text amendments outlined in the attached draft ordinance, and the rezoning of those properties pertaining to the matter. All ayes. MOTION PASSED. ORDINANCENO.XXXX BEING AN ORDINANCE AMENDING THIS CITY CODE AT SECTION 9.107 (C)(44)(a-c), AND SECTION 9.109 (C), (F)(1-4) The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code is hereby amended to read: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards: (44) Two-family and Twinhome Dwellings (a) Street-facing garage doors must be recessed behind either the front fa<;ade of the living area portion of the dwelling or a covered porch (measuring at least six feet by eight feet) by at least five feet. (b) If located on a corner lot, each unit of the duplex or twinhome shall have its address and entrance oriented to a separate street frontage. (c) Vehicle access to a lot must be from an alley if the lot abuts an alley. Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code is hereby amended to read: ~ 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: . P.39 PAGE 6 R-l ~ R-2A R-2B R-3 R-4 Minimum Lot Area Single Familv Dwelling 8,400 sq. ft. e: '''"I'' ". 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. , Two-Family and Twinhome 8, 100 sq. ft. 12,000 sq. ft. Existing on 8,400 sq. ft. 8,400 sq. ft. Dwelling 9,000 sq. ft. January 1,2005- 5,100 sq. ft. Established after January 1, 2005- 12,000 sq. ft. Multiple Family Dwelling 10,000 sq. ft. 10,000 Sq. ft. Non-residential Structure 8,400 sq. ft. e: e"" "'- 6,500 sq. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 Sq. ft. , Lot Area Per Dwelling Unit Multiple Family Dwelling Efficiency e: e"" "'- 1,200 sq. ft. 800 SQ. ft. , One bedroom 1,::!00 sq. ft. 1,800 sq. ft. 1,000 sq. ft. Two bedroom u-.r, 1"- 2,000 sq. ft. 1,200 sq. ft. , Three bedroom 2,500 sq. ft. 1,500 sq. ft. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Minimum Lot Width 70 feet W-feet 60 feet 60 feet 70 feet 70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet ~ 25 feet 25 feet 30 feet 15 feet Side Yard 7 feet* ~ 5 feet* 5 feet* 20 feet 10 feet Corner Side Yard 12 feet +G-feet 10 feet 10 feet 30 feet 15 feet Rear Yard 20% oflot 20% of lot 20% of lot 20% of lot depth 30 feet 15 feet depth ~ depth Non-residential Building Setbacks Front Yard 25 feet ~ 25 feet 25 feet 30 feet 15 feet Side Yard 40 feet ~ 30 feet 30 feet 25 feet 10 feet Corner Side Yard 12 feet +G-feet 10 feet 10 feet 30 feet 15 feet Rear Yard 40 feet ~ 30 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding 25 feet ~ 25 feet 25 feet 30 feet 30 feet dri ves/pads) Side Yard 3 feet Meet 3 feet 3 feet 3 feet 3 feet Corner Side Yard 3 feet Meet 3 feet 3 feet 3 feet 3 feet I Rear Yard 3 feet Meet 3 feet 3 feet 3 feet 3 feet , Multiple Familv Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Corner Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks Front Yard 25 feet ~ 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet +G-feet 10 feet 10 feet 10 feet 10 feet Comer Side Yard 25 feet ~ 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet +G-feet I 0 feet 10 feet 10 feet 10 feet Maximum Height Residential structures 28 feet ~ 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet ~ 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 PAD PLANNING & ZONING COMMISSION MINUTES PAGE 7 DECEMBER 6, 2005 Chapter 9, Article I, Section 9.109 (F) of the Columbia Heights City Code is hereby amended to read: (F) R-2A and R-2B, ~ Two Family Residential District. 1) Pwpose. The purpose of the R-2A and R-2B ~ Two Family Residence Districts is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-2A and R-2B~, Two 8ffi.gle Family Residential Districts: a) Single-family dwelling, detached. b) T',vo family dwelling. c) Tv/inhome dv/slling. d) State licensed residential care facility serving 6 or fewer persons. e) Licensed day care facility serving 12 or fewer persons. f) Licensed group family day care facility serving 14 or fewer children. g) Public parks and playgrounds. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-2A and R-2B ~, Two Family Residential Districts, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Two-family dwelling . b) Twinhome dwelling c) Religious facility/place of worship. d) Convent or monastery, when accessory to a religious facility. e) School, public or private, K-12. f) Government office. g) Government protective service facility. h) Golf course. i) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. 4) Permitted AccessOlY Uses. Except as specifically limited herein, the following accessory uses shall be in the R-2A and R-2B ~, Two Family Residential Districts: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting ofrooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 F.+41is Chapter. PLANNING & ZONING COMMISSION MINUTES PAGE 8 DECEMBER 6, 2005 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 ,2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk This matter will go before the City Council at the December 12, 2005 meeting for the first reading. CASE #2005-1205 ZONING AMENDMENT for the General Business District Auto Dealerships City of Columbia Heights APPLICANT: Prepared by: Jeff Sargent BACKGROUND: At the February 1, 2005 Planning Commission meeting, the Planning Commission questioned if used car lots were an appropriate use along Central Avenue and University Avenue. The Zoning Ordinance currently permits used automobile businesses in the General Business District, and prohibits used automobile businesses in the Central Business and Limited Business Districts. Prior to any zoning ordinance amendments, the Planning Commission and staff believed it to be prudent to adopt an emergency ordinance prohibiting the expansion or establishment of motor vehicles sales and/or lease in the General Business District. On August 12, 2005, the City Council adopted th~ emergency ordinance. This ordinance expires on February 14, 2006, and could be renewed for up to an additional 6 months through August 14,2006. Planner Sargent reviewed the affected areas of concern on the map with the Commission members. P.42 PLANNING & ZONING COMMISION MINUTES PAGE 9 ANALYSIS: It is important to continue to allow the sale of used cars within the city, but to allow them only as a component of a new car dealership. Staff recommends that it would be in the best interest of the city to locate all new car lots away from Central Avenue, which was also consistent with the intent of the moratorium imposed on used car lots. Staff recommends establishing a new zoning district, which replaces the GB, General Business District along University Avenue, with a district that would allow for sale of new and used cars (GB-A, General Business-Automotive). One major change would be the requirement for a Conditional Use Permit (CUP) for any newly established new car dealership in the GB-A District. The new district would also prohibit any used car lot to be created as its own separate entity, or as part of any business other than a new car dealership. However, new car dealerships would be allowed to sell used cars if the used car component of the dealership consisted orno more than 30% of the total outdoor display area pertaining to for-sale vehicles. The display area would be defined as the number of parking stalls dedicated towards the sale of vehicles, excluding the parking stalls required for off-street parking for customers and employees. Requiring a CUP for all new cat dealerships would enable the city to ensure that the dealership would meet all City Code requirements at the time of application, as well as continual code compliance throughout the life of the business. In addition to the creation of a new zoning district, new and used auto sales would be removed as a permitted or conditional use from the current GB zoning district, prohibiting a new car dealership to be established along Central Avenue. CONSISTENCY WITH COMPREHENSIVE PLAN: Two goals of the Comprehensive Plan are to "enhance the image and viability of the University Avenue corridor" and to "enhance the image and viability of the Central Avenue corridor". In addition, the Comprehensive Plan states, "The City will facilitate the enhancement and partial redevelopment of the University and Central Avenue corridors in a manner that is compatible with and supportive of transit and transit-related land use patterns". FINDINGS OF FACT: The City Council shall make the following [mdings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. Two goals of the Comprehensive Plan are to "enhance the image and viability of the University Avenue corridor" and to "enhance the image and viability of the Central Avenue corridor". In addition, the Comprehensive Plan states, "The City will facilitate the enhancement and partial redevelopment of the University and Central Avenue corridors in a manner that is compatible with and supportive of transit and transit-related land use patterns n. The proposed text amendments will be consistent with the intent of the Comprehensive Plan. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The City has received complaints regarding properties used solely as used car dealerships. The proposed text amendments would benefit the public by limiting the areas in which new car lots could be located, and imposing conditions upon new car lots that are establis~1ed. P.43 PLANNING & ZONING COMMISSION MINUTES PAGElO DECEMBER 6, 2005 c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The newly created zoning district, GB-A, General Business-Automotive, is specific to new car dealerships through a Conditional Use Permit. The existing use of the GB District along University Avenue and the proposed zoning classification would therefore be compatible. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The City has discovered several used car lots being established in areas that would not normally be suited for such a use, but zoned appropriately for them. The intent of the text amendments is to help alleviate these situations and establish a zoning district in which new car dealerships can be located. RECOMMENDATION: Staff recommends rezoning those parcels along University Avenue from GB, General Business, to GB-A, General Business-Automotive. New and used car lots will be Conditional Uses in the GB-A District and will no longer be permitted uses in the GB District. Questions from members: Szurek stated the intent is to provide the option of new car dealerships in the newly created GB-A district. Used car sales would be allowed ifit is in conjunction with a new car dealership and it meets the necessary criteria. However, "stand alone" used car lots would not be allowed in this area. Thompson noted that there are no requirements for side yard setbacks or screening in the General Business District. He asked if this was correct, and whether any should be required. Planner Sargent explained that setbacks and screening are only required between residential and commercial properties. Fiorendino clarified that GB-A will allow auto sales and that the regular GB District will not allow them at all. He asked whether any car dealerships have expressed an interest to build in our city. Planner Sargent stated that as of now, no one has expressed such interest. Schmitt stated she is aware that we get a lot of requests from people who want to sell cars from various small sites throughout the City. And the Commission and the City Council directed staff to establish some criteria to ensure we didn't have our main corridors lined with this type of business. Peterson brought up the fact that since we have several automotive service garages and automotive retail stores, that maybe used car lots are good for these other businesses. He felt it is something to take into consideration. P.44 PLANNING & ZONING COMMISSION MINUTES PAGE 11 DECEMBER 6, 2005 Planner Sargent stated that this amendment may result in some non-conforming uses, but that ifthe current owners continue to license their businesses as such, they will be grandfathered in, and allowed to continue operating their used car sales business. Public Hearing was opened: James Trapp and Glenn Mischke owners of5101 University Ave NE were present. Mr. Trapp stated that if the Ordinance were changed to allow only new car dealerships, that it would put small business owners out of business. He said that he has owned this property for 25+ years and it is not large enough to be a new car dealership, nor is any site in the proposed new zone GB-A. He agrees that used car lots should be restricted to size, number of vehicles displayed and signage, but to prohibit them from existing at all is not right. Mr. Trapp explained to the Commission that used car sales have been done at this site for many years. The tenant who is in the process of vacating the site let his used vehicle sales license lapse. He did not renew it for 2005, and then the moratorium was put in effect. Therefore, Mr. Trapp and Mr. Mischke are now unable to get a license to operate this type of business at this site. Had the license been issued for 2005, they would have been grandfathered in. Ifhe cannot obtain a license, he feels this building will be empty for quite a while as he doesn't have a lot of optional uses for this site. Szurek explained it was not the City COlillcil's intent to hurt them as owners ofthis site, but that it is also not the City's fault that the tenant let the license lapse and that they, as owners, were not aware of this. Peterson asked if they should be directed to go to the City Council and plead their case. Planner Sargent explained they may go before the City Council, but the current moratorium does not expire until February 14, 2006, and it could be extended for another six months until August 14,2006. If the Council takes no action on the proposed ordinance, they will not be able to get a license until the moratorium lapses. And ifthe proposed Ordinance is adopted to amend the Zoning Ordinance they will never be allowed to operate that type of business at the site in the future. Szurek explained that the proposed change to the Zoning Ordinance is meant to clean up Central Avenue and protect University Avenue from having car sales taking place on small sites or residential properties. Sargent also stated that the City wanted some control over these businesses and by requiring Conditional Use Permits to operate will enable the City to put whatever restrictions on them as they see necessary. Public Hearing is closed. Motion by Schmitt, seconded by Fiorendino, that the Planning Commission recommends 'that the City Council approve, the text amendments as outlined in the attached draft ordinance and approve the rezoning of those properties affected, as indicated on the attached zoning map. Thompson, Fiorendino, Szurek, and Schmitt-aye Peterson-nay. MOTION PASSED. P.4S PLANNING & ZONING COMMISSION MINUTES PAGE 12 DECEMBER 6, 2005 ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING THIS CITY CODE AT SECTION 9.103,9.110 (C), (F)(1-4), AND SECTION 9.107 (C) The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 ofthe Columbia Heights City Code is hereby amended to read: ~ 9.103 Definitions. Auto and Truck Sales Lot, Used: Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. .l.4zltol1tobile, Used: .(.A...ny secondhand, previously olvned passenger vehicle, car, or truck. Chapter 9, Article I, Section 9.110 (C) of the Columbia Heights City Code is hereby amended to read: ~ 9.110 COMMERCIAL DISTRICTS (C) Lot dimension, height, and bulk requirements, Lot area, setback, height and lot coverage requirements for uses in the commercial districts shall be as specified in the following table: LB GB GB-A CBD Minimum Lot Area 6,000 sa. ft. 6,000 sq. ft. 6,000 SQ. ft. Minimum Lot Width 50 ft. 40 ft. 40 ft. 20 ft. Minimum Lot Depth Lot area per dwelling unit Single-family dwelling 6,500 sa. ft. Multiple-family dwelling Efficiency 1,200 sa. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1 ,800 sq. ft. Two bedroom 2,000 sa. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sa. ft. 400 sq. ft. Congregate living units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sa. ft. Hospital 600 sq. ft. Building Setback Requirements Nonresidential/mixed-use front yard none Residential front yard 5 ft. Front yard 15 ft. 15 ft. none Side yard 15 ft. none none none Corner side vard 10ft. 15 ft. 15 ft. 1 ft. Rear yard 20 ft. 20 ft. 20 ft. ID ft. Parking Setback Requirements Front yard 12 ft. 15 ft. 15 ft. 1 ft. . Side yard 5 ft. 5 ft. 5 ft. none Corner side yard 12 ft. 15 ft. 15 ft. 1 ft. Rear vard 5 ft. 5 ft. 5 ft. 5 ft. Maximum Height 35 ft. 35 [t. 35 ft. Maximum Lot Coverage Floor area ratio 1.0 1.0 6.0 P.46 PLANNING & ZONING COMMISSION MINUTES PAGE 13 DECEMBER 6, 2005 Chapter 9, Article I, Section 9.110 (E) ofthe Columbia Heights City Code is hereby amended to read: (E) GB, General Business 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District. a) b) c) d) e) f) g) h) i) j) k) 1) m) n) 0) p) q) r) s) t) u) v) w) x) y) z) aa) bb) cc) dd) ee) ff) gg) hh) ii) jj) kk) 11) mm) Community Center. Government office. Government protective service facility. Public park and/or playground. Recreational facility, indoor. Recreational facility, outdoor. School, vocational or business. School, performing/visual/martial arts. Auditorium/place of assembly. Automobile convenience facility. Automobile repair, minor. Automobile sales/rental. Banquet Hall. Billiards Hall. Bowling Alley. Car wash. Clinic, medical or dental. Clinic, veterinary. Daycare facility, adult or child. Financial institution. Food service, convenience (fast food). Food service, limited (coffee shop/deli). Food service, full service (restaurant/nightclub). Funeral home. Greenhouse/garden center. Health or fitness club. Hotel/motel. Laboratory, medical. Liquor store, off-sale. Museum or gi,tllery. Office. Recreational ~/ehicle sales. Retail sales. Service, professional. Shopping Center. Studio, professional. Studio, radio and television. Theater, live performance. Theater, movie. P.47 PLANNING & ZONING COMMISSION MINUTES PAGE 14 DECEMBER 6, 2005 Chapter 9, Article I, Section 9.110 (F) of the Columbia Heights City Code is hereby amended to read: (F) GB-A, General Business-Auto Oriented District 1) Purpose. The purpose of the GB-A, General Business-Auto Oriented District is to provide appropriate locations for general retail sales, services and other commercial developments, specifically New Automobile Dealerships that benefit from their proximity to other commercial uses and University Avenue. These areas are located along University Avenue and are accessible primarily by automobile. 2) Permitted Uses. Except as specifically limited herein, the "following uses are permitted within the GB-A, General Business-Auto Oriented District. a) b) c) d) e) 1) g) h) i) j) k) I) m) a) b) c) d) e) 1) g) h) i) j) k) I) m) n) 0) p) q) r) Community Center. Government office. Government protective service facility. Public park and/or playground. Recreational facility, indoor. Recreational facility, outdoor. School, vocational or business. School, performing/visual/martial arts. Auditorium/place of assembly. Automobile convenience facility. Automobile repair, minor. Banquet Hall. Billiards Hall. Bowling Alley. Car wash. Clinic, medical or dental. Clinic, veterinary. Daycare facility, adult or child. Financial institution. Food service, convenience (fast food). Food service, limited (coffee shop/deli). Food service, full service (restaurant/nightclub). Funeral home. Greenhouse/garden center. Health or fitness club. Hotel/motel. Laboratory, medical. Liquor store, off-sale. Museum or gallery. Office. Retail sales. P.4S PLANNING & ZONING COMMISSION MINUTES PAGE 15 DECEMBER 6, 2005 s) Service, professional. t) Shopping Center. u) Studio, professional. v) Studio, radio and television. w) Theater, live performance. x) Theater, movie 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB-A, General Business-Auto Oriented District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: . a) Government maintenance facility. b) Arcade. c) Automobile sales/rental, new and used. d) Recreational vehicle sales, new or used. e) Firearms dealer/Shooting range. 1) Hospital. g) Outdoor sales or display. h) Outdoor storage. i) Parking Ramp. j) Assembly, manufacturing and/or processing. k) Printing and/or publishing. I) Consignment/Secondhand store. m) Club or lodge. n) Currency exchange. 0) Pawnshop. p) Drop-in facility. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB-A, General Business-Auto Oriented District: a) Private garages, parking spaces and loading areas. b) Accessory buildings. c) Landscaping and other horticultural uses. d) Incidental repair or processing necessary to conduct the permitted p~incipal nse, provided the accessory use does not exceed 30% of the floor area of the building. e) Temporary construction buildings. 1) Signs as regulated by Section 6 of this Chapter. P.49 PLANNING & ZONING COMMISSION MINUTES PAGE 16 DECEMBER 6, 2005 Chapter 9, Article T, Section 9.110 (G) ofthe Columbia Heights City Code is hereby amended to read: tF:) (G) CBD, Central Business District Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code is hereby amended to read: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards. Automobile Sales/Rental, New and/or Used a) The use shall be served by a major collector or higher classification or roadway. b) A used car lot shall be solely accessory to a new automobile dealership. A used car lot as a stand-alone business is prohibited. c) Outdoor vehicle display for used cars shall be limited to thirty percent (30%) of the total outdoor display area. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off-street parking spaces needed for the public and employees. d) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. e) Outdoor vehicle display areas within the public right-of-way are prohibited. f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. h) Music or amplified sounds shall not be audible from adjacent residential properties. i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. j) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. P.SO PLANNING & ZONING COMMISSION MINUTES PAGE 17 DECEMBER 6, 2005 Section 2: TIns ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 ,2005 Offered by: Seconded by; Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Tills item will go before the City Council at the December 12, 2005 meeting for the first reading. NEW BUSINESS None lVIISCELLANEOUS Szurek requested that during 2006 the Commission look at how the City handles and enforces the property maintenance code. The Fire Dept goes through a long process in bringing properties into compliance. She would like to streamline the process and get owners to do repairs more quickly and support staff in their efforts. She would also like to see how the City could possibly reduce the amount of rental properties, especially in single family homes. And she would like to see how the City could encourage residents to keep their properties in better repair and yards cleaned up in general. Motion by Schmitt, seconded by Fiorendino to adjourn the meeting at 8:00pm. Respectfully submitted, Shelley Hanson Secretary P.51 CITY COUNCIL LETTER Meeting of: December 12, 2005 AGENDA SECTION: NO: 5 ~ A ~ L( ORIGINATING DEPT.: Recreation CITY MANAGER APPROVAL /"/j /. ~~ ~' .' -/ "I v-- BY: ;/A;:~{Jjr?I/ ,r'r / ITEM: Establish J olm P. Murzyn Hall rental rates for 2007 NO: BY: Keith Windschitl Recreation Director DATE: 12/6/05 BACKGROUND The Columbia Heights Park: and Recreation Commission lU1animously approved the 2007 Murzyn Hall rental rates at their meeting on November 22,2005. Staff has recOlllillended rental rates for 2007 be increased. Rentals for the main hall, kitchen and the lounge will increase by $100.00 on Saturday and $80.00 on Friday. Staff feels that Saturday rentals have been very popular and that an increase will bring in additional revenue for the hall. Staff has also reconunended a $5.00 increase for the C02 system to cover a projected increase in cost of the product. A Friday decorating fee has also been included which will allow renters the ability to decorate the hall on Friday for a Saturday event for a fee of $150.00, if the facility is available 2 weeks prior to the rental date. A copy of the proposed rental rates for 2007 is attached. RECOMMENDED MOTION: Move to adopt the 2007 Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of November 22,2005. COUNCIL ACTION: P.52 ADMIN\CC07RA TE JOHN P. MURZYN HALL RENTAL RATES Rentals in 2006 will pay the 2006 rate, and rentals in 2007 will pay the 2007 rate. RENTAL INFORMA TlON 2006 RA TES 2007 RA TES (Sun - Fri) (Saturday) (Sun - Fri) (Saturday) Hail/Kitchen/LaBelle Lounge $800.00 $1,000.00 $880.00 $1,100.00 Hall $675.00 $705.00 $675.00 $775.00 Kitchen $115.00 $120.00 $115.00 $130.00 LaBelle LounQe $200.00 $210.00 $200.00 $230.00 Gauvitte Room $170.00 $175.00 $170.00 $190.00 Prestemon Room $170.00 $175.00 $170.00 $190.00 Edgemoor Room $170.00 $175.00 $170.00 $190.00 Keyes Room $170.00 $175.00 $170.00 $190.00 Youth Lounge $170.00 $175.00 $170.00 $190.00 Maithaire/McKenna Room $240.00 $250.00 $240.00 $275.00 Senior Center $240.00 $250.00 $240.00 $275.00 Down Payment (non-refundable) $500/$100 $500/$100 $500/$100 $500/$100 Damage Deposit $250.00 $250.00 $250.00 $250.00 Security Deposit $100.00 $100.00 $100.00 $100.00 CSO per hour $22.00 $22.00 $22.00 $22.00 Pre-Mix Deposit $100.00 $100.00 $100.00 $100.00 Pre-Mix per canister $25.00 $25.00 $25.00 $25.00 Early Entry Fee* $60.00 $60.00 $60.00 $60.00 Custodial CharQe per hour $20.00 $20.00 $20.00 $20.00 C02 System UsaQe Fee** $20.00 $20.00 $25.00 $25.00 Events LastinQ 2 hours or less 50% 50% 50% 50% Events Lastinq 4 hours or less 25% 25% 25% 25% Heights Resident Discount*** 25% 25% 25% 25% IAudioNisual equipment rental $25.00 $25.00 $25.00 $25.00 * Subject to approval by Recreation Director and/or Park & Recreation Commission. ** For use of C02 system to tap kegs of beer. Fee waived if renter purchases pre-mix from the City or the Lion's Club provides bartending services. *** Columbia Heights Resident discount is exclusively limited to the renter or their parents, providing one is a Columbia Heights resident. Linen and Napkin rental is available upon request. 2006 Prices are as follows: White or Ivory Linens $6.00 per hall table (60" rounds and 8' x 2 1/2' banquet tables) $3.00 per bar table $ .50 per napkin (various colors available) Linen and Napkin rentals will need to be placed 2 weeks prior to your rental date. Tax additional. For any Saturday rental you may decorate on the Friday before your event from 10:00 am - 4:30 pm for a $150.00 fee. This reservation can only be made if the date is available 2 weeks prior to your rental. P.53 CITY COUNCIL LETTER Meeting of: December 12, 2005 AGENDA SECTION: Consent S - Pt '5 ORIGINATING DEPT.: CITY MANAGER NO: Recreation , APPROVAL ITEM: Award 2006 Heights Happenings City BY: Keith Windschit11~ BY: M/ltJ#w/- Newsletter Recreation Director NO: DATE: December 6, 2005 BACKGROUND: For the past four years the Recreation Depaliment has been working with Rapid Graphics located in Columbia Heights to print alld mail the City newsletter. Rapid Graphics has submitted the lowest bid for the past few years. Rapid Graphics has been very helpful and "villing to work vvith us to produce the best quality newsletter that we can for the lowest possible price. Rapid Graphics has indicated that they would honor the Sallie pricing from 2005 for 2006. This pricing has not changed for the past two yeal"s. CONCLUSION: Staffis recommending that we award the low responsible quote of $4,655.00 per qUalier for the printing, publishing, alld distributing of the City newsletter to Rapid Graphics. The yeal"ly cost for a 24 page newsletter would be $18,620.00. Our cost for 2004 and 2005 was $18,620.00 with Rapid Graphics. A total of $19,000.00 has been budgeted in account 101-45050-3440 for printing and mailing City newsletters. RECOMMENDED MOTION: Move to enter into an agreement with Rapid Graphics"& Mailing for printing, publishing, and distributing the City newsletter based upon their proposal of a yeal"ly cost of $18,620 for four publications in 2006; alld Mihermore to authorize the Mayor alld City Mallager to enter into an agreement for the Sallle. COUNCIL ACTION: Htshappn \CC- N ewsletter06 P.54 . FA:K COYE'R PAGE :. il , ". i RAPID GRAPHICS , & MA'UNG'NC. 40 16 ge~.tral Avenue Northeast · MinneapfJlis", Minnesota 55421 ' (763) 78,1-6931 .:Fnx: (763) 781-2704 Brflqil' rgm4tJ16@co~ctlSt, net Date: !&i- ,~ -t?d-- Pa,tges to follow:, ' " ," I /, ,'" - ,'z' J, .' ,'r' , ' ~'/~ "'I I. ..1 ....;. 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[I a . // . l? . &t/~(tJ() P.56 . Z"d . J d~v:vO 90 90 oaa CITY COUNCIL LETTER . MEETING OF: DECEMBER 12, 2005 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: 5 -A-Co FINANCE APPROVAL , ITEM: DESIGNATING DEPOSITORIES FOR BY: JOSEPH KLOIBER BYj/$$~~ FUNDS OF THE CITY OF COLUMBIA HEIGHTS DATE: DECEMBER 7,2005 NO: Each year the council passes a resolution designating depositories for dIy funds and foi:--M-~-----~-~- investment purposes. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the city must be located in the State of Minnesota, and all investments must comply with authorized investments as set forth in Minnesota statutes. The resolution also contains a section covering access to city safe deposit boxes. Although the City's major banking transactions are conducted through Northeast Banlc, the City of Columbia Heights does maintain two accolUlts at Wells Fargo Bank of Minnesota, N.A. in Minneapolis. One of these Wells Fargo accounts is used solely for processing payroll transactions and the other is limited to certain credit card and ACH payments. In addition, the City has a bond escrow account with U.S. Banlc, as required by one of the City's bond agreements. It is staff's recommendation that we maintain the relationship with Wells Fargo as they provide a very reliable, efficient, and cost-effective solution for our electronic banking needs, and that we continue to maintain all of our general checking and other banlcing needs with Northeast Banlc in Columbia Heights, other than the required escrow account with U.S. Bank. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-100 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-100 being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. JPK CoullcilLetter _ Res2005 _100 .doc Attachment COUNCIL ACTION: P.57 RESOLUTION NO. 2005-100 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Banle, Wells Fargo Banle of Minnesota, N.A., and U.S. Banle are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banles shall be signed by the following: Mayor City Manager Clerk- Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Banle, Wells Fargo Bank of Mi1ll1esota, N.A., and U.S. Bank are designated depositories ofthe corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Clerk-Treasurer and that Northeast Bank, Wells Fargo Banle of Milmesota, N.A., and U.S. Banle shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly celiified to or filed with the Banlcs by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re- discounts and bon-owings by or on behalf of this corporation with said banles prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. P.SS BE IT FURTHER RESOLVED, that any ban1e or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Milmesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of anyone of the following named City employees are required for access to safe deposit boxes: Finance Director City Manager Assistant Finance Director Information Systems Director Infoffilation Systems Technician Passed this _ day of ,2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 0412032COUNCIL P.59 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: ~-A-I FINANCE APPROVAL ITEM: DESIGNATING AN OFFICIAL BY: WILLIAM ELRITE BY:/r//{j NEWSPAPER FOR 2006 It r~" 7~/~- DATE: DECEMBER 2,2005 NO: MEETING OF: December 12. 2005 Each year the City Council designates an official newspaper for publishing of legal notices and other required publications. State statutes require the newspaper to be published at least twice monthly. Statutes also 1-i1TIit the a..111ount the newspaper can charge, to the rate paid by cOIl1iliercial users. Based on this, there are three newspapers serving Columbia Heights that meet the criteria: Sun Focus News, the Northeaster and the Star Tribune. Based on rates charged to commercial customers, Sun Focus News is the least expensive alternative. The Star TIibune's 2006 rate will be $4.75 per line for legal notices. The Northeaster did not submit rate information. The following is a compaIison of the 2005 rates to the 2006 rates for the Sun Focus News: One Column Width: Per line, first insertion Per line, subsequent insertion 0.99 0.55 0.99 ($9.90 per col. inch) 0.55 ($ 5.50 per col. inch) The Sun Focus News has not increased their rates for 2006. RECOMMENDED MOTION: Move to designate Sun Focus News as the official City newspaper for 2006 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. WE:sms 041203 I COUNClL COUNCIL ACTION: P.60 November 15, 2005 ne-wspapers City of Columbia Heights City Council 590 40th Avenue NE Columbia Heights, MN 55421 Dear City Council Members: Ths Sun-Focus vvould like to be considered for designation as the legal nevvspaper for the City of Columbia Heights for the year 2006. All published legal notices are posted on our website (www.mnSun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-FoGus is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chanc(3 of being seen and read. Despite rising costs of operating our newspapers, there will be no rate increase during the calendar year 2006. Our legal prices will remain the same. The rate structure for legals effective January 1, 2006 will be: 1 column width: $ .99 per line - per insertion ($9.90 per col. inch) $ .55 per line - subsequent insertions ($5.50 per col. inch) There are 10 lines per inch. Our columns are 11 picas 10 points wide Because price comparisons between newspapers are difficult due to differences in column width, font size, etc.,.we would be happy to provide a price quote on an e-mailed submission. Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 11 :00 a.m. the Monday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legal department is legals@mnsun.com. We still accept notices on disk, faxed or through the maiL If you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952-392-6829. Thank you for considering the Sun-Focus as the official newspaper for your community. S~incer~ . .. .. .. t. ,_ '" ~.: ' .' .:; . +, .-. '._. " .i ,1 Jeffrey Coolman Vice Pr?sidentand. GroppPubJish,.sr... ...; " .1: 10917 VALLEY Vmw ROAD 0 EDEN PRAmm 0 Mllp,61oTA 55344 0 952-829.0797 0 FAX: 952.941-3588 CITY COUNCIL LETTER Meeting of: 12/12/05 AGENDA SECTION: CONSENT 5'A-g ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS U/~; ITEM: ESTABLISH A PUBLIC HEARING TO BY: K.H""e~ BY: ,/' V ,j..l:' /J.J' CONSIDER ALLEY LIGHTING DATE: 12/6/0- DATE: Background: Staff is requesting the City Council establish a Public Hearing date for formal consideration of assessing an alley light to benefited properties, as requested by petition. The proposed light is located in the alley between 7U1 Street and Washington Street, from 45lh Avenue to 46th Avenue. The petition is for one 100watt HPS light to be installed on an existing pole between 4504 and 4512 Washington Street. There will be 13 parcels included in the assessment. Ofthese 13 parcels, 9 property owners signed the petition in favor of installing the alley light. Recommended Motion: Move to establish January 9, 2006, 7:00 p.m. as a Public Hearing for consideration of alley lighting between 7th Street and Washington Street, from 45th Avenue to 46th Avenue. KH:jb I COUNCIL ACTION: P.62 ~... t35~. ...1.... -462t~--.-r~ ~~=I~~~-~-~~ 4615 4622 4611 II 4605 . .1 4601 4616 4612 4600 U II II 4558 4554 4550 4544 4536 4532 4528 4522 4518 4510 4506 4629 - 4621 4617 -~ 4607 J: I- \ 4603 CD 4557 4553 4545 4541 4537 4531 4525 4515 4634 ::.:=-- 4630 4622 .f,::I.. 0') o o 4558 4550 4542 4536 4532 4522 4514 4512 4617 4624 4611 4605 4601 4610 4606 4600 550 560 4551 4550 4545 4542 4541 t;:4540 4537 <94538 4533 --' >-4534 4529 UJ ~530 4527 4525 ftA524 4521 in ~4518 4517 ..... m ~512 4513 4509 4504 4505 4502 4501 I 4500 455 455 453 45 45 45 451 45 45 45 60 Columbia Heights A$S~$$M~NT AR~A MAP LEGEND: o WATER ~ PARKS ;I LIMITS_A o PARCELS Q ---1 I ----I I I I I, r- _I II '-.1 L J 1 I I 1 inch = 150 feet J I Map Date: 11/23/2005 I I Data Date: March 2005 Sources: River's Edge GIS, LLC. 4&-T 4557 4553 4549 I ~ 4545 VJ I 4537 4533 4529 4525 4517 4513 4507 114506 I \ ~ I~II 4510 o 0"1 4501 1\ 4500 \ ~ 1\ 4500 45TH AVE JYnghtA~-~e~cJJLLC.A A~,) I _ \ 4459 \ l AAJ:\R l _ I ~~~~ IJ ~~~~ \ _ k 60 Z 462 o ----- I- 461 C) Z I 461 - J: I 460 UJ !cC I 460 ~ ::7/'~. .dJ ...."...~. /. ft.~' ../ PETITION ALLEY LIGHT LOCATION: Between 4504 and 4512 Washington Street We the undersigned petition the City Council of Columbia Heights to assess for one Xcel Energy 100-watt HPS street light. The light will be installed in the alley on the pole between 4504 and 4512 Washington Street. We understand that the cost of the light will automatically be added to the utility statement. The current cost is $1.00 per property per month, or $3.00 per property per quarter. This cost will increase with increases in the electric rate. DO NOT INSTALL LIGHT N~ / ADDRESS ~.u C/Pll'~ '/StJ'l-7cKS/71{ c:f)~~ ~ ~vL tJS'/3 71.:LJ'r/1/ clJC\AJ ~ ~,~-;(i j [{ 50<; '7.~D/t _S .-\jl/~6" (~ f.h u~tJ // 450J '7 Sf/Vc '- r3~{)~ 1IJv~fs11 ,.' .~~/C Y ~ / /~ ~ '~ --- 4 ~ _~. ==-- ~02 W,uh~,IJe-)o e,{\{\ rlra\" ,}- 'li-h ~i, f\).f ~ f BevJt 'tj-~ L.\5L<), -'4~ ~\ IV ,1;-, ~ '~'7 .", tJ /"' / 1lI~. . . ,---:r1~ /").z~ '"" ~A ~<./ 117-1'> -, -/ _ _ ~I!L/ - )( . . v ~ "I', , )~ ~ 45/ J--fc(*'- Ltk,-.f'h~N ~f\ . /" c ~ J\, ../.1 !~~. is;;1> ,,1; '\" -'"> Q"VP"~vvG J1'fl,,:<0' /' , i \ !j ff '''l(' ~lilI1,- ,I ~H.. {:;i>,~lf./L} . ' I _ VVI.--j i j h_A../ I ,_-..A"l \. ., IJ-.-' XXf)/'-.,., ~ I .. J' ' ~. V'I ,\1." l L \ j ,po (! t/V-" "'.-' _ i' " \, '\I j, -...., '_ \j'\ I ' " " ....~ .....j:' d,... ... ... INSTALL LIGHT v ~. , :f j \r""~""""-' -/""',," L ,F- '-/ ": '\- '\\ , , '":. r.... , ; i I: \ 1," I, )~g, \\ ~ O;,t ,.' 1'7'~" \j~,\ t:-: <\;" " \it \~\~\ P.64 CITY COUNCIL LETTER Meeting of December 12,2005 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY b-A~ot Fire MANAGER NO: APPROVAL ITEM: Accept Firefighters Grant BY: Gary Gorman (3cZ.- BY:~~ ~ of $55,225 NO: DATE: December 12, 2005 DATE: Background: In April of 2005 the Columbia Heights Fire Department applied for an Assistance to Firefighters Grant (AFG) in the anlount of $68,250 for the purchase of a high-pressure air compressor system, gear racks, and portable generators with accessories. The Fire Department was awarded $55,225 towards the purchase of the above-mentioned items. Analysis/Conclusions: This resolution accepts the grant award in the amount $55,225. A stipulation ofthe grant is the Grantee pays 95% ofthe costs of each item with the City share being 5%. The City portion of each purchase will come from the excess PERA Capitol Equipment fund. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-99, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to adopt Resolution 2005-99, accepting the Assistance to Firefighters Grant award in the amount of $55,225 for the purchase of an air compressor system, gear racks and portable generators with accessories. COUNCIL ACTION: P.65 RESOLUTION NO. 2005-99 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 2005 ASSISTANCE TO FIREFIGHTERS GRANT AWARD WHEREAS, the Federal Fire Protection Act of 1974 authorizes the Department of Homeland Security's Office of Domestic Preparedness to carry out the activities of the Assistance to Firefighters Grant (AFG) Program; and WHEREAS, the purpose of the AFG program is to award one-year grants directly to fire departments to enhance their abilities with respect to fire and fire related hazards; and WHEREAS, The Columbia Heights Fire Department applied for a $68,250.00 grant for the purchase of a new air compressor system, gear racks, and pOliable generators with accessories; and WHEREAS, The Columbia Heights Fire Department was awarded $55,225 towards the purchase ofthe above mentioned items with the Grantee paying 95 percent and the City paying five percent of the cost. NOW, THEREFORE BE IT RESOLVED that the Columbia Heights Fire Department accepts the Assistance to Firefighters Grant in the amount of $55,225 for the purchase of a high pressure air compressor system, gear racks, and pOliable generators with accessones. I certify that the above resolution was adopted by the City Council of the City of Columbia Heights on this 28th day of November 2005 Offered by: Seconded by: Roll Call: Mary Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.66 CITY COUNCIL LETTER AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL ,!; -A-l 0 NO: J ITEM: Purchase Compressor BY: Gary Gorman ~ BY: i4Mif/ system NO: DATE: December 12,2005 DATE: Meeting of December12, 2005 - Background: In 2004 the Fire Department purchased new Self Contained Breathing Apparatus (SCBA). The new SCBA uses high-pressure air bottles instead oflow-pressure bottles of our previous units. The current compressor system, which was purchased in 1992, cannot fill our SCBA bottles to the OSHA required pressures. Secondly, new NFP A standards require all bottles being filled under pressure to be place in a containment vessel during filling. Our current system does not meet this requirement. Analysis/Conclusions: Due to age and the inadequacies of our current system, replacement is needed. An application was made to FEMA through the Assistance to Firefighters Grant for a new compressor. The City Council accepted the grant award with the passage of Resolution 2005-99. One pali of the award was a grant for up to $40,000.00 toward the purchase of a new compressor system. I have received three bids for a new Bauer high-pressure compressor system. The system includes a compressor with three filling containment vessels, four new cascade bottles and a storage rack. in the station. Also included in the bid is a containment fill station with three cascade bottles to replace our mobile fill station on Rescue One. The bids are as follows: COMPRESSOR BIDS COMPANY Alex Air Apparatus, Inc. Crow River Marketing N olih Central Air BID AMOUNT $39,390.00 $40,450.00 $42,099.00 The City's share of the cost is 5% of the total and will be paid for using Capitol Equipment funds. The cost breakdown, using the low bid from Alex Air Apparatus, is as follows: AFG (95%) City Share (5%) TOTAL $37,420.50 $ 1,969.50 $39,390.00 RECOMMENDED MOTION: Move to award the purchase of a new compressor system to Alex Air Apparatus, Inc of Alexandria, MN, based upon their low, qualified, responsible bid in the amount of $39,390.00, with funds to be appropriated from 439-42200-5180 and fulihennore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: P.67 Alex Air Apparatus, Inc. 11897 Co. Rd. 87 SE Alexandria, MN 56308 Phone: 320-763-7803; 800-264-2320 Fax: 320-763-9077; 800-204-8682 PRICE l.lUU DATE SALES REP. QUOTE NO. PAGE 10-SeD-05 Pete Osowski Unicus-16b 1 CUSTOMER NAME ATTENTION: Columbia Heights Fire Denartment Gary Gorman jI.DDP.ESS PHONE 555 Mill St. NE CITY, STATE, ZIP CODE FAX Columbia Heig-hts, MN 55421 763-706-3651 Garv email: ~arv.~orman(iiici.columbia-hei~hts.mn.us ITEM QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 1 1 mVTI0H-E3 Bauer 6000 PSI Mini Verticus compressor $18,197.00 $18,197.00 2 1 CFSII-3S/DF/TM/CSCD/RF/REG Bauer fill station $8,678.00 $8,678.00 Relief valve set to fill 4500 PSI SCBA bottles 3 1 CFSII-IM Bauer sing-Ie fill containment for mobile unit. $3,283.00 $3,283.00 4 7 6000 PSI DOT storag-e cylinders. Includes tank fitting-s $850.00 $5,950.00 5 2 RCK-0037 storag-e racks for storag-e cylinders $391.00 $782.00 6 1 Install remote fill line from fill station to wall by mobile $1,000.00 $1,000.00 truck. Customer supplies hose from wall to truck. Pricing good to 10/15/05. After add 4%. Replace current tubing- with 6000 PSI rated tubing-. Basic installation, start-up, and training- is included at no extra charl!:e. Customer to supply electrical hook-up bv Qualified electrican. 2 1 Shippiriji- is estimated and charg-ed at cost. $1,500.00 $1,500.00 TAX: TOTAL: $39,390.00 Shipping: Pre-paid and Charged Back TERMS: NET 30 Days Upon Credit Approval OFFER VALID FOR 30 DAYS FROM DATE OF QUOTE Signed: Pete Osowski Phone 952-240-1263 FAX 952-361-9999 Email alexairchaska@netscape.net P.68 ,)Jl/87/2005 13:28 3213-587-2659 JERRY HAYDEN CROW RIVER MARKET'NG 609 JUUL RD. HtrrCHINSON MN. 65350 PH: :320-284-7096 FAX: 820-587-2669 To: COLUMBIA HEIGHTS FIRE DEPT. From: JEMY HAYDEN Date seat: OCTOMBER 7.2005 Number 01 PAge. Including cover paGel 1 ATl': GARY GORMAN PHONE: FAX: 7.,-708-3651 1 ~vTl0H~3 BAUER 60l)(J PSI. M.IN. VERTICUS COMPREesoR 1 CFSII-3S IDFITMlcSCD/RFI BAUER FlU. STAllON 1 CFCU.1M BAUER SINGLE FIll FOR MOBILe lNIIIT. 7 8000 Psi DOT CYUNDERS WITH TANK FITT1I'4G8. 2 RCK.o037 STORAGE RACKS FOR CYLINDERS. 1 INSTALL REMOTE FILL LINE FROM FIll STATION TO WALL (Hose NOT INCWDED} 1 INSTALlAnON START UP AND TRAINING IS INCWDeo 1 FREIGHT ESTIMAteD CUSTOMER TO SUPPLY ELECTRICAN FOR ELECTRICAL HOOK UP. QUOTA' 1007D6.,JH VALID FOR 30 DAYS. JERRY HAYDEN TOTAL P.69 .18.a:oo.Oo $S.75O.oo $3.480.00 $6,250.00 $800.00 ",200.00 HlC $1,500.00 t4O,AlSo.oo PAGE 01 INI .VERTICUS 5000/6000 PSIG THREE AND FOUR STAGE DESIGNS P.70 SCBA FILL STATIONS SYSTEM COMPONENTS COMPRESSORS @ :i :i P.7l 1. ACCESSORIES SYSTEM COMPONENTS m P.72 CITY COUNCIL LETTER Meeting of: 12/12/05 AGENDA SECTION: CONSENT 5-A-l\ ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: A/#f ITEM: EASEMENT AGREEMENT FOR A BY: K.HanSen~ PERMANMENT EASEMENT FOR ROADWAY, UTILITY DATE: 12/8/05 DATE: . AND DRAINAGE PROPOSED WITH GILBERT AND KIM BECKER OF 3901 JEFFERSON ST. N.E. Background: On July 25,2005 the City Council authorized the construction of the Huset Parkway from 37th Avenue west of 5th Street to Jefferson Street. The new parkway is a critical roadway component of the overall Industrial Redevelopment Plan. Construction plans were prepared by the consulting firm of SEH with City staff providing construction management and administrative services. Analysis & Conclusions Through preparation of the bidding plan documents, it was determined that the roundabout alignment will require a small permanent easement from the northeast corner of 39th and Jefferson Street. As this easement would not interfere with construction of the roundabout and was considered minor in nature, staff negotiated its acquisition during construction. Drawing' l' depicts the small permanent easement of 150 fe which is shown at the SW comer of 390 1 Jefferson. The drawing also shows a temporary easement for construction purposes along the south perimeter and west perimeter of 3901 Jefferson Street. Due to the introduction of the roundabout with its required directional medians, it is necessary to change the access to the loading dock from the south (existing) to the north (post construction) for continued use by 3901 Jefferson Street. To facilitate this, an agreement has been prepared and is attached. The agreement spells out under items 2.03 a-e specific work items to facilitate the loading dock access change, with the work completed by the City. The Agreement also provides an access easement from the City to 3901 Jefferson Street allowing use of the Huset Park parking lot for delivery vehicles to delivery on the north side of the loading dock. Recommended Motion: Move to approve the easement agreement between the City of Columbia Heights and Gilbert & Kim Becker for permanent and temporary easements to the City and an access easement to 3901 Jefferson Street. KH:jb Attachment: Drawing 1 Agreement with attachments I COUNCIL ACTION: P.73 ..... llr ilt HJ ~ III SEH ..1 ~ N I ..... I . . I . . .': . ..... I ..... ~ I ." M- .., :r I C1l ..... ['l : :". ;;0 ..... ..c' :r I ..':." 0 I T J . . :E J 0 '< . . :;' C1l E:l L. {) ::::: ~..( M- 0 :r -.. C1l '- :;;:[T1 . ::::J s=~ C1l (fJ o ~Z m(fJ --j o ;;0 n [T1 ^[T1 I .........:j 30.02_-:::::.__ I I -- .... J 19.~ " ....: ':', '\ I I I I ....--~ E~ L. {) C: ~,{ ~? :if. o lD the SW cor of Lot 16, Block 1 --7 I I Note: No Boundory Survey work was performed as to the precise location of this tract. PHONE: (651) 490-2000 3535 VADNAIS CENTER DR. ST. PAUL, MN 55110 432 N89'46'15"E //(30.00 / \ (fJ o g (A o~ lo~ ofTi' .Lu in .IV) "i- N "1- -" <:,,' t 1/ :::!: (.~ to, :..:., :..::.............:... :::~ {) L.lJ ~\:i E~ j /...~ ~..~ E:: ; c: ~"l"~" :::'~ . ... ....... :'. :'.::-.::.. ..... :..~ : .: : .: :... ...... ..:...... ~v~ ~ 1",~ ~".I E:: :':\ Fi () L. ~ :::'; a line 0.9 feet distant Sly (measured at right angles) from. the Nly line of Block 1. 0.9 FORMER MINNEAPOUS- & SAULT STE. MARIE RAILWAY the Nly line of Block 1. ,'.:::..::U: :::'i tJ E:~ ;) ~ ...../ ~ ~:~ ~ {) ~".J () ::. E1 L. ():::: < :" (fJ1 gl N ClJ' ~ ;;rl 8 ~ l NO CD. 0 '" :to + / ~ ~ ~1~{;';;?, ./' + :::;c:--S8 '52'04"W 161.84---~ +/ --::r-+ ~ ~ T~ + + 1+ + + + + + + + + + + + + + + + + + + + 3 9 ci::~ (: J' :..! ['./1 n 1/:... [. [ C [ C; H ''1'' :;':'; ~ ~ :::) o g"P; .0 I'llD _/I / -" . ..' . ... ....... .. ....... .... ........... . :..~ : .: : .: :... ...... :::!: (':: ..:..:.' :..::......... ":". N89'59 19' E 149.64 rm ~ V//~ FILE NO, ACOLHT0403.00 DATE 9/2/05 the S. line af Block 1 0 lD ':::', {':.. u:u :..: ...... ..... : : : . . ...... .. ..... :'. ". i :.. :'.:: ::.. :.... .: :...: '::..::... ~6J .,-- Permanent roadway, draina~e and utility easement (150 square feet) Access Easement (6.314.70 square feet) Temporary Construction Easement (4,498.84 square feet) EASEMENT SKETCH ,74 #635 39TH A VENUE COLUMBIA HEIGHTS, MN EXHIBIT NO, A AGREEMENT THIS AGREEMENT is entered into this _ day of November, 2005, by and between GILBERT L. BECKER and KIM M. BECKER ("Owners") and CITY OF COLUMBIA HEIGHTS ("City"). I. RECITALS 1.01 Owners are the owners in fee simple of the real estate located at 3901 Jefferson -_ ~treet N.E., Columbia Heights, Minnesota which is legally described on Exhibit A attached hereto C;Owners' Propert'j"). 1.02 The City is the owner in fee 'simple of the real estate which is located immediately north of and abutting the Owners' Property and is legally described on Exhibit B attached hereto ("City Property" or "Grantors' Property"). City wishes to reconstruct Jefferson Street adjacent to the Property ('ithe Project") and has concluded that it must acquire a temporary easement from Owners, encumbering the Property in the form which is attached hereto as Exhibit C ("Temporary Easement") and a permanent easement in the form which is attached hereto as Exhibit D ("Permanent Easement"). 1.03 Owners have been accessing their loading dock on the Owners' Property from Jefferson Street and have requested that City grant Owners a permanent easement burdening the City in the form attached hereto as Exhibit E ("City Easement"). 1.04 City has requested Owners to grant the Temporary Easement and the Permanent Easement to City and Owners have requested that the City grant to them the City Easement. 1.05 City and Owners are each willing to grant the requested easements in accordance with the provisions of this Agreement. II. AGREEMENT 2.01 The foregoing recitals are a part of this Agreement. 2.02 City will defend, indemn.ifY and hold the Owners harmless from any taking by the Columbia Heights Economic Development Authority ("EDA") pursuant to the eminent domain proceedings filed by the EDA in Anoka County District Court, Court File No. C5-05-1678, the Notice of Lis Pendens for which was incorrectly recorded by the Anoka County Recorder against the title of the Owners' Property. City represents that EDA has already attempted to secure correction of the County Recorder's mistake and will make further attempts to assure that this has been done. RJL-267941v2 CL205-28 1 P.75 a. City will construct a four foot 7 inch by 12 foot addition to the north end of Owners' existing loading dock. b. City will remove the present passage door and install a new passage door which swings the opposite direction of the present passage door. c. City will relocate the stairway from the--ground to the dock to a location acceptable to the Owners and City. d. City will remove existing blacktop west of Owners' existing building and replant the area with grass arid landscaping (bushes). e. All such work shall be completed at City expense and in accordance with the state building code. 2.04 For the term of the Access Easement, City will permit Grantees to store snow in the southerly 15 feet of Grantor's property. 2.05 Upon execution of this Agreement on behalf of Owners and City, this Agreement, including the provisions of the Temporary Easement, shall be effective. 2.06 Upon execution of this Agreement and City Council approval, (a) City shall execute and deliver the City Easement to Owners in recordable form, and (b) Owners shall execute and deliver the Permanent Easement to City in recordable form. 2.07 This Agreement shall be enforceable against and accrue to the benefit of the heirs, administrators, successors and assigns of the parties hereto. 2.08 This Agreement shall be construed in accordance with the provisions of Minnesota law. O~RS ~.. J1fJb Gilbert 1. Becker K~~ Kim M. Becker CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor And Walt Fehst, City Manager RJL.267941v2 CL20S-28 ..., P.76 EXHIBIT A Legal Description of Owners' Property All of those parts of Lots 12, 13, 14, 15 and 16 in Block 1, 2nd Subdivision of Block F, Columbia Heights Annex, lying Southerly of a line running parallel with and 0.9 feet distant Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd Subdivision of Block F, Columbia Heights Annex (Abstract). According to the map or plat thereof on file and of record in the Office of the County Recorder in and for Anoka County, Minnesota. (p.I.N. #35-30-24-43-0068) RJL-267941 v2 CL205-28 A-I P.77 EXHIBIT B Legal Description of City Property That part of Block F, COLUMBIA HEIGHTS ANNEX, lying easterly of Jefferson Street, as currently laid out and traveled and lying northerly of the plat of 2nd SUBDIVISION OF BLOCK F, COLUMBIA HEIGHTS ANNEX; and that part of said Block F, formerly known as the MiImeapolis Sault Ste. Marie Railway across said Block F; and that part of Lot 16, Block l, said plat of 2nd SUBDIVISION OF BLOCK F, COLUMBIA HEIGHTS ANNEX lying Northerly ofa line running parallel with and 0.9 feet Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd SUBDIVISION OF BLOCK F, COLUMBIA HEIGHTS ANNEX, Anoka County, Minnesota. RJL-267941v2 CL205-28 B-1 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT THIS INSTRUMENT is made by Gilbert L. Becker and Kim M. Becker, husband and wife, Grantors, in favor of the City of Columbia Heights, a Minnesota municipal corporation, Grantee. Recitals A. Grantors are the fee owners of the following described property in Anoka County, Minnesota (the "Property"): All of those parts of Lots 12, 13, 14, 15 and 16 in Block 1, 2nd Subdivision of Block F, Columbia Heights Annex, lying Southerly of a line running parallel with and 0.9 feet distant Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd Subdivision of Block F, Columbia Heights Annex (Abstract). According to the map or plat thereof on :file and of record in the Office of the County Recorder in and for Anoka County, Minnesota. (p.I.N. #35-30-24-43-0068) B. Grantors desire to grant to the Grantee an easement, according to the terms and conditions contained herein. Term of Easement 1. Grant of Easement. For good and valuable consideration, receipt and sufficiency of which are acknowledged by Grantors, Grantors grant and convey to the Grantee the following easement which is depicted on Exhibit A attached hereto: A temporary easement for construction purposes over, under, across and upon that part of the above-described parcel which lies within the following described area: Commencing at the southwest corner of said Lot 16, Block 1; then on an assumed bearing of North 89 degrees 59 minutes 19 seconds East along the south line of said Block 1, a distance of 30.00 feet to the point of beginning; thence continuing North 89 degrees 59 minutes 19 seconds East along said south line, a distance of 149.64 feet; thence North, 18.09 feet; thence South 89 degrees 52 minutes 04 seconds West, 161.84 feet; thence North 0 degrees 20 minutes 05 seconds West, 71.83 feet; thence North 12 degrees 24 minutes 35 seconds East, 7.71 feet to a point of intersection with a line being 0.90 feet distant southerly, as measured at right angles thereto, and parallel with the northerly line of said Block 1; thence southwesterly 19.86 feet, more or less, along said parallel line to the west line of said Block 1; thence South 0 degrees 28 minutes 41 seconds East, along said west line, a distance of 86.36 feet RJL-267941v2 CL205-28 C-1 P.79 more or less, to a point in said west line of Block 1, distant 10.00 feet northerly from said southwest comer of Lot 16, as measured along said west line; thence South 71 degrees 37 minutes 25 seconds East, 31.70 feet to the point of beginning. Said temporary easement containing 4,499 square feet (0.1 03 acres) more or less. ("Easement Tract") 2. Scope of Easement. The above-described easement includes the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein including the right to enter the Easement Tract for purposes of constructing, operating, maintaining, altering, repairi_ng, replacing, and/or removi..1J.g facilities or improvements, including but not limited to the right to grade, street, cut, trim, or remove trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or assigns. Grantor, its successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind within the Easement Tract or within the term of this Easement, either above or below the surface, or stockpile soils, construction debris, or construction equipment or change the grade thereof, without the express written permission of the Grantee. 3. Warranty of Title. The Grantors warrant that they are the fee owners of the Property and that they have the right, title and capacity to convey the easement herein to the Grantee. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Tract or Property prior to the date of this instrument 5. Binding Effect. The terns and conditions of this instrument shall run with the land and be binding on the Grantors, their heirs, successors and assigns. 6. Term. The easement granted herein shall expire on December 31, 2006, unless sooner terminated in writing by Grantee. STATE DEED TAX DUE HEREON: NONE RJL-26794I v2 CL205-28 C-2 P.80 Dated this ~ day of JJ'tc-c.-W\btJ ,2005. By: JJJ1;{;1 ~ Gilbert 1. ecker, rantor ,j::, . ~7J1~ Ii ,J- Kim M. Becker, Grantor --" By: S TATE OF MINNESOTA COUNTY OF iJ;J()t(/t The foregoing instrument was acknowledged before me this f'~ day of ~ 2005, by Gilbert 1. Becker and Kim M. Becker, husband and wife, Grantors } ss. SHARON R. SHEDLOV Notary Dublir , Mlnfl8:iota My Commission Expires January 31, 2010 L ;(. 1luw- Notary Public . , THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 RJL-267941 v2 CL205-28 C-3 P.81 EXHIBIT D PERMANENT ROADWAY, DRAINAGE AND UTILITY EASEMENT THIS lNSTRUMENT is made by Gilbert L. Becker and Kim M. Becker, husband and wife, Grantors, in favor of the City of Columbia Heights, a Minnesota municipal corporation, Grantee. Recitals A. Grantors represent that they are the OWl1ers in fee sinlple of the following described property in Anoka County, Minnesota (the "Property"): All of those parts of Lots 12, 13, 14, 15 and 16 in Block 1, 2nd Subdivision of Block F, Columbia Heights Annex, lying Southerly of a line running parallel with and 0.9 feet distant Semtherly (measured at right angles) from the Northerly line of said Block 1, 2nd Subdivision of Block F, Columbia Heights Annex (Abstract). According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. (pJ.N. #35-30-24-43-0068) B. Grantors desire to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt and sufficiency of which are acknowledged by Grantors, Grantors grant and convey to the Grantee the following easement which is depicted on Exhibit A attached hereto: A perpetual easement for roadway, drainage and utility purposes over, under, across and upon that part of the above-described parcel which lies within the following described area: Beginning at the southwest comer of said Lot 16, Block 1; thence on an assumed bearing of North 89 degrees 59 minutes 19 seconds East along the south line of said Block 1, a distance of 30.00 feet; thence North 71 degrees 37 minutes 25 seconds West, 31.70 feet to a point in the west line of said Block 1, distant 10.00 feet northerly from said southwest comer of Lot 16, as measured along said west line; thence South 0 degrees 28 minutes 41 seconds East, along said west line, a distance of 10.00 feet to the point of beginning ("Easement Tract"). Said Permanent easement containing 150 square feet (0.003 acres) more or less. R1L-267941 v2 CL205-28 D-l P.82 2. Scope of Easement. The above-described easement includes the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein including the right to enter the Easement Tract for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing facilities or improvements, including but not limited to the right to grade, street, cut, trim, or remove trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or assigns. Grantor, its successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind within the Easement Tract, either above or below the smface, or stockpile soils, co:nstruction debris, or construction equipment or change the grade thereof, without the express written permission of the Grantee. 3. Warranty of Title. The Grantors warrant that they are the fee simple owners ofthe Property and that they have the right, title and capacity to convey the easement herein to the Grantee. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Tract or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run. with the land and be binding on the Grantors, their heirs, successors and assigns for the benefit of Grantee, its successors and assigns. STATE DEED TAX DUE HEREON: NONE RJL-267941v2 CLZ05-28 D-2 P.83 Dated this A day of Ll t C (!...pl/L he&'2 005 . STATE OF MINNESOTA } ss. J 0QT Th T'T'V ry), /L fo.} '" K /' v Ul'l J. J. vr '7 (7. 'r By: . By: J -. J A, 1 J /) .- .U~CT~ Gilbert L. Becker, Grantor ... ~ ~ c;1J. tJ Kim M. Becker, Grantor The foregoing instrument was acknowledged before me this % -Ij,. day of [)~, 2005, by Gilbert L. Becker and Kim M. Becker, husband and wife, Grantors. SHARON R. SHEDLOV Notary Public Minnesota My Commission Expires January 31. 2010 THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 RJL-26794! v2 CL205-28 D-3 P.84 ~ If x:2L.L&v- otary Public ( EXHIBIT E PERMANENT ACCESS EASEMENT THIS INSTRUMENT is made by City of Columbia Heights, a Minnesota municipal corporation, Grantor, in favor of Gilbert L. Becker and Kim M. Becker, husband and wife, Grantees. Recitals A Grantor represents that it is the ovmer hi fee shu.ple of tile follo\ving described propewj in Anoka County, Minnesota ("Grantor's Property"): That part of Block F, COLUMBIA HEIGHTS ANNEX, lying easterly of Jefferson Street, as currently laid out and traveled and lying northerly of the plat of 2nd SUBDMSION OF BLOCK F, COLUMBIA HEIGHTS ANNEX; and that part of said Block F, formerly known as the Minneapolis and Sault Ste. Marie Railway across said Block F; and that part of Lot 16, Block 1, said plat of 2nd SUBDIVISION OF BLOCK F, COLUMBIA HEIGHTS ANNEX lying Northerly of a line running parallel with the 0.9 feet Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd SUBDNISION OF BLOCK F, COLUMBIA ~IGHTS ANNEX. Abstract. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. B. Grantees are the owners in fee simple ofthe following described property in Anoka County, Minnesota ("Grantees' Property"). All of those parts of Lots 12, 13, 14, 15 and 16 in Block 1, 2nd Subdivision of Block F, Columbia Heights Annex, lying Southerly of a line running parallel with and 0.9 feet distant Southerly (measured at right angles) from the Northerly line of said Block 1, 2nd Subdivision of Block F, Columbia Heights Annex (Abstract). According to the map or plat thereof on file and of record in the Office of the County Recorder in and for Anoka County, Minnesota. (p.I.N. #35-30-24-43-0068) C. Grantor desires to grant to the Grantees an easement for the benefit of the Grantees Property, according to the terms and conditions contained herein. RJL-267941 v2 CL205-28 E-I P.8S Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt and sufficiency of which are acknowledged by Grantor, Grantor grants and conveys to the Grantees the following easement which is depicted on Exhibit A attached hereto: A perpetual easement for access purposes over, under, across and upon that part of the above-described parcel which lies within the following described area: Commencing at the southwest comer of said Lot 16, Block 1; thence North o degrees 28 minutes 41 seconds West (for the purpose of this description the south line of said Block 1 is assll..'11ed to have a befu-ing on 1'-.JoIJ1 89 degrees 59 mL~utes 19 seconds East) along the west line of said Block 1, a distance of 96.36 feet more or less to a point of intersection with a line being 0.90 feet distant southerly, as measured at right angles thereto, and parallel with the northerly line of said Block 1, and said point being the point of beginning; thence continuing North 0 degrees 28 minutes 41 seconds West, along said west line a distance of 0.90 feet to the northwest comer of said Block 1; then North 0 degrees 13 minutes 45 seconds West, along the east right-of-way line of Jefferson Street, a distance of 210.1 0 feet; thence North 89 degrees 46 minutes 15 seconds East, 30.00 feet; thence South 0 degrees 13 minutes 45 seconds East, 209.99 feet to a point of intersection with said line being 0.90 feet distant southerly, as measured at right angles thereto, and parallel with the northerly line of said Block 1; thence southwesterly 30.02 feet, more or less, along said parallel line to the point of beginning. ("Easement Tract") Said permanent access easement containing 6,315 square feet (0.145 acres) more or less. 2. Scope of Easement. The above-described easement includes the rights of Grantees, their heirs, successors, assigns, contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein including the right to enter the Easement Tract for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing an asphalt or cement driveway, including but not limited to the right to grade, cut, trim, or remove trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement and access rights of the Grantees, their heirs, successors or assigns. Grantor, its successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind within the Easement Tract, either above or below the surface, or stockpile soils, construction debris, or construction equipment or change the grade thereof, without the express written permission of the Grantees. 3. Warranty of Title. The Grantor warrants that it is the fee simple owner of the Property and that it has the right, title and capacity to convey the easement herein to the Grantees. 4. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns for the benefit of the Grantees, their successors and assigns as owners of the Grantees Property. RJL-267941v2 CL205-28 E-2 P.86 5. Limitations. Notwithstanding any provision of this Agreement to the contrary, (a) This easement shall terminate upon the demolition of the building now located upon the Grantees Property. (b) Grantees' use of this easement, including parking or storage, shall be limited to the hours of 6:00 o'clock a.m. through 6:00 p.m. on Monday through Friday (except legal holidays). STATE DEED TAX DUE HEREON: NONE RJL-267941 v2 CL20S-28 E-3 P.87 Dated this _ day of ,2005. CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation, Grantor By: Gary Peterson, Mayor By: \X/alter Fehst, City. rV1allager STATE OF MINNESOTA COUNTY OF } ss The foregoing instrument was aclmowledged before me this _ day of , 2005, by Gary Peterson, Mayor, and Walter Fehst, City Manager, of City of Columbia Heights, a Minnesota municipal corporation, Grantor, who did say that they were authorized to execute the foregoing instrument on behalf of said corporation. Notary Public THIS INSlRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 RJL-26794Iv2 CL205-28 E-4 F.88 CITY COUNCIL LETTER Meeting of December 12, 2005 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY b"f\-\L.. Fire MANAGER NO: APPROVAL ITEM: Approval of Rental BY: Gary Gorman BY4~ Housing License NO: Applications DATE: December 8, 2005 DATE: - Approval of the attached list of rental housing license applications in that they have met the requirements of the Housing Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for December 12,2005. COUNCIL ACTION: P.89 Occupany J.D. t0050 10054 10073 30109 30175 30177 30180 30184 30186 30500 20283 10038 10139 34012 12163 30030 20025 20097 12031 12007 10026 10008 20261 30053 20148 12011 20058 10007 20295 20106 10040 20102 12055 W420 ~4006 ~0204 12203 0075 ~0171 ~0181 :0?45 ~/06/2005 Property Owner Name Gilbert-Bradshaw, L.L.C. MOC 2000 Tasks Unlimited Lodges Northeast Seniors Housing Bryant, LLC Bryant, LLC Lynde Investment Company, LLP Lynde Investment Company, LLP Lynde Investment Company, LLP A.C.C.A.P. Mostafa Abdel-Kerim Jim Adams John Andrews Alan Avery Carl Berg Vance Blahnik Clifford Boyum Anthony Brown Thomas Brownrigg Aernie Burns Ricardo Cadman Heather Callier Charles Chen Lester Chies Harold Clark Roger Collins Katherine Crosby Marilyn Oalseth Marilyn Dalseth Ryan Oiekow Bruce Ebner Steven Efterfeld Delanza Elliot Dan Erickson Lori Fitzpatrick Gerry Gerechi James Graham Wilson Guachichulca Mike Herr Mike Herr Aaron Holmbeck P.90 10:59 Property Address 1121 39TH AVE 3820 Tyler Street 1479 LINCOLN TER 3850 Stinson Boulevard 3806 Stinson Boulevard 3816 Stinson Boulevard 4715 UNIVERSITY AVE 5131 UNIVERSITY AVE 5141 UNIVERSITY AVE 3932 CENTRAL AVE 3801 PIERCE ST 838 41ST AVE 4344 MA.D!SON ST 4201 MONROE ST 4209 WASHINGTON ST 647 37TH AVE 4855 5TH ST 4056 5TH ST 4008 CLEVELAND ST 4212 WASHINGTON ST 3947 ARTHUR ST 4033 ARTHUR ST 120743 1/2 AVE 980 44TH AVE 4512 WASHINGTON ST 1077 POLK CIR 1162 CHEERY LN 4607 PIERCE ST 4612 POLK ST 204 42NO AVE 3928 CENTRAL AVE 1100 39TH AVE 1124 45TH AVE 4701 5TH ST 626 40TH AVE 3742 3RD ST 4409 MONROE ST 4951 MADISON ST 4650 WASHINGTON ST 4654 WASHINGTON ST 4038 MADISON ST D..,nn of Occupany I.D. 20136 20129 30009 30011 30013 10119 20134 10035 10085 12044 3401 0- 12167 10024 30024 20180 20050 10084 30012 20301 20117 20034 20035 20038 20039 10016 30035 12050 10032 10161 12064 20320 10146 12205 20115 20149 30147 20177 10058 10132 12043- 30064 2/06/2005 Property Owner Name Keith Hoof Joe Hoyle Michael Juaire Michael Juaire Michael Juiare TIMOTHY KLEIN Buntou Kegan Gina Kilgore Gina Kilgore Susan Kinch Matt Kleinjan Elizabeth Klenert Bradley, Andrea Koltes Margaret Kortas Kenneth Koster Howard Lapides Jeffrey Larsen David Lasky Brian LeMon Ping Luu-Wang Rose Maciaszek Rose Maciaszek Rose Maciaszek Rose Maciaszek Marcea Mariani Robert Mikulak Kathleen Mills Marlin Moske Bernie Nelson James Nelson Carly Nelson James Norling Robert Odden Ismael Orner Ernesto Payan Terry Pease Kelly Phillips Marlene PhillipsNavreck Lauri Picotte Sandra Powell Michael Prokopiuk 10:59 F.91 Property Address 4040 CLEVELAND ST 627 51ST AVE 4301 3RD ST 4255 3RD ST 4241 3RD ST 4171 3RD ST 1116 45TH AVE 4753 UPLAND CRST 4542 HEIGHTS DR 1221 CIRCLE TERRACE BLVD 1733 37TH AVE 4957 Tyler Street 1221 43RD AVE 4308 4TH ST 5152 WASHINGTON ST 4657 5TH ST 80849 1/2 AVE 4318 3RD ST 4344 Quincy Street 121445 1/2 AVE 4401 JACKSON ST 4407 JACKSON ST 4400 VAN BUREN ST 4404 VAN BUREN ST 4007 MAl N ST 228 40TH AVE 1129 CHEERY LN 1012 GOULD AVE 3911 ULYSSES ST 1745 37TH AVE 1301 CIRCLE TERRACE BLVD 4516 MADISON ST 120342 1/2 AVE 133643 1/2 AVE 4519 Taylor Street 3925 3RD ST 4533 WASHINGTON ST 1827 41ST AVE 4409 ARTHUR ST 4456 WASHINGTON ST 3853 EDGEMOOR PL P::lm~ r; Occupany 1.0. 10148 12165 20318 10109 12136 10083 20101 20135 30112 30132 20185 10153 20160 10093 20020 20406 12148 10017 12185 20018- 30004 20019 12068 20333 20071 20072 20073 10154 20007 20095 12004 12186 20277 20043 10081 30161 2/06/2005 Property Owner Name Segundo Ramon John Ranweiler Mahmoud Rifai Theodore Risk Patsy Sandsness Peter Sax Nelia Schaff Maumer Sekizovic Maumer Sekizovic Maumer Sekizovic Riaz Shad Kristi Shoop Mike Sowers Leland Stauch Leland Stauch Audrey Stauch Gary Stockwell Richard Stueland Joseph Sturdevant Stacy Stutelberg Kiros Tesfaye Thomas Therrien Janene Unke-Hanson John Utke Stanley Van Blaricom Stanley Van Blaricom Stanley Van Blaricom Terry Vanatta Robert Vandeveer Larry Wakeman Kimberly Wegener Weston Wiggins Ronald Wilcox Gregory Wilson James Woods Myong Yi 10:59 P.92 Property Address 1131 40TH AVE 4648 Taylor Street 1069 POLK PL 501 40TH AVE 121443 1/2 AVE 4131 JEFFERSON ST 1203 CHEERY LN 4635 UNIVERSITY AVE 4357 Tyler Place 970 44TH AVE 4641 Taylor Street 1415 39TH AVE 1272 CIRCLE TERRACE BLVD 4311 Royce Street 4545 FILLMORE ST 4556 FILLMORE ST 683 51ST AVE 1035 45TH AVE 1043 POLK PL 218 42ND AVE 543 40TH AVE 633 51ST AVE 4357 7TH ST 3849 JACKSON ST 4507 Taylor Street 4513 Taylor Street 4529 Taylor Street 4748 7TH ST 4636 Taylor Street 4606 4TH ST 5250 WASHINGTON ST 4144 MADISON ST 4512 MONROE ST 1324 CIRCLE TERRACE BLVD 4254 2ND ST 4546 Tyler Street Paqe ~ CITY COUNCIL LETTER Meeting of: December 12, 2005 AGENDA SECTION: ~ -A - I ] ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: Dec. 8, 200~~, BY:,~~ BACKGROUND/ANALYSIS Attached is the business license agenda for the December 12,2005 City Council meeting. This agenda consists of applications for. Contractor licenses for 2006 . Also included on the agenda are the renewals of business licenses for calendar year 2006 as attached. Please note that the Beer License for the 500 Club is being renewed. You have been made aware of an issue the Building Official is trying to resolve with the owner regarding the construction of his deck approximately two years ago that was constructed without a permit. You received copies of a letter that was sent this week to the owner regarding this matter. I am attaching another copy ofthe letter for your information only. 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. Ifnot submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for December 12,2005 as presented. COUNCIL ACTION: P.93 TO CITY COUNCIL December 12, 2005 *Signed Waiver Form Accompanied Application ****LICENSES FOR 2006**** BLDG CONTRACTOR LICENSES * AI's One Hour Htg & AC 3041 Aldrich Ave So. Mpls $60.00 *Otsego Heating & AC 7829 Palmgren Ave NE, Otsego $60.00 DJ's Heating & AC 6060 Labeaux Ave NE, Albertville $60.00 *South-townRefrig. 6325 Sandburg Rd #800, GoI.Val $60.00 * Golden Valley Htg 5182 West Broadway, Crystal $60.00 *Centraire Htg 7402 Washington Ave, Ed Pro $60.00 * Advanced Energy Serv 3650 Annapolis Ln, Plymouth $60.00 *Forced Air/Wenzel Htg 4131 Old Sibley Mem Hwy, Eagan $60.00 *Neil Heating PO Box 29292, Mpls $60.00 *PRS I\-1echanical PO Box 68111, Mpls $60.00 *NasseffMechanical 1225 Wabasha S1. S1. Paul $60.00 *MH Plumbing & Htg 6725 27th Ave NW, Isanti $60.00 *Pete's Water & Sewer 800 Lowry Ave, Mpls $60.00 *p & D Mechanical 462941 st Ave No, Robbinsdale $60.00 * AI's Master Plumbing 4031 Aldrich Ave So, Mpls $60.00 * A Top Notch Tree Service 5505 No. Hwy 169; Plymouth $60.00 *S & S Tree Spec. 405 Hardman Ave, So. S1. Paul $60.00 *Northeast Tree Inc 2527 Jackson St NE, Mpls $60.00 *Lawrence Sign 945 Pierce Butler Rte, St Paul $60.00 *Signcrafters 7775 Main St, Mpls $60.00 Graphic House Inc 2901 Packer Dr, Wausau, WI $60.00 *Quality Refrigeration 6237 Penn Ave So. Richfield $60.00 *MN Petroleum Serv 682 39th Ave NE, CH $60.00 *Village Green Landscapes 956 Prosperity Ave, St Paul $60.00 *LeRoux Excavating 2104 64th St, Wht Bear Lake $60.00 *Wellington Windows 3938 Meadowbrook Rd, S1. Louis Pk $60.00 *McGough Construction 2737 Fairview Ave No, Roseville $60.00 *Cortonwood Construction 9240 Cottonwood Ln N, Maple Gr $60.00 *Ryland Homes 7600 Executive Dr, Eden Pr $60.00 POL,FIRE,BLDG,ZA ON SALE BEER 500 Club 500 40th Avenue NE (Subject to Police approval) $400.00 POL,FIRE,BLDG,ZA LIQUOR/SUNDAY LIQUOR *Star Central 4005 Central Ave, CoI. Hts *Mady's Bowl 3919 Central Ave, CoI. Hts $8200.00 $6700.00 POL,FIRE,BLDG,ZA WINE/BEER *Puerta Del Sol 3800 Central Ave $2400.00 POLICE CIGARETTE SALES *Oasis Market 4001 University Ave $300 P.94 CITY OF COLUMBIA HEIGHTS " 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www.ci.columbia-hei[?hts.mn.us December 7, 2005 500 Club 500 40th Avenue NE Columbia Heights, MN 55421 To Paul Knudsen Dear Paul, On June 20, 2005 I sent you a letter indicating our records show that you were never issued a permit to constmct the deck, or roof over the deck, on the property at 500 40th Avenue. Again I reiterate that any structure for commercial use requires submittal of a permit application and plans, elevations, and details of how it will be constructed. Please submit an application for a building permit, plans of the deck and roof for my review. The review by the Building Official and City Planner is for building code and City of Columbia Heights ordinance compliance. If in compliance with the building code, including the Minnesota Accessibility Code Chapter 1341 requirements, and City of Columbia Heights ordinances, a permit will be issued. Contrary to what you may have been told by previous city staff, the building code was in effect at the time of construction and requires compliance. I expect compliance with this request by December 21,2005. Failure to comply with this request will force me to require removal ofthe structure. Tfyou have any questions please contact me at (763)706-3677 or call (763)706-3678 to schedule an appointment. Yours truly, 3f~K~ Lawrence R. Pepin, Building Official #2379 City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 larry. pepin(@,ci.columbia-heights.mn. us CC Bob Streetar, Community Development Director Walt Fehst, City Manager City Council LRP/lrp P.9S THE CITY OF,COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THl u~~...; OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICE:S EQUAL OPPORTUNITY EMPLOYER 5- A-ll{ CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: Dec~;v 12, 2005 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLillABIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed jn the attached check register covering Check Number JJC; 1~2- in the amount of$ ~,(p~ lOfI1. Ss . through l\?1U These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended fot payment. P.96 ACS FINANCIAL SYSTEM 12/08/2005 17:41:22 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title.......12/12/2005 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date. . . . . . . . . . . . . . . . . . Source Codes................ Journal Entry Dates......... Journal Entry Ids........... Check Number..... ........... proj ect . . . . . . . . . . . . . . . . . . . . . Venaor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order........ ...... Bank..................... ".. i~'lcher .................... . .eased Date............... 1.0 :ared Date. . . . . . . . . . . . . . . . "'1 thru thru thru thru 115122 thru 115328 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI 066 10 CP SP Y Y ACS FINANCIAL SYSTEM 12/08/2005 17 BANK VENDOR Check History 12/12/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT AARP ACE ICE COMPANY ADAMS /KEONDRA AMERICAN BOTTLING COMPAN ANOKA COUNTY ATTORNEY BELLBOY CORPORATION CHISAGO LAKES DISTRIBUTI CLAUSEN/CAROL COCA-COLA BOTTLING MIDWE DUGDALE/MARY EAST SIDE BEVERAGE CO ESCHELON FARNER-BOCKEN G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. KIWI KAI IMPORTS KOUGH/TOM KUETHER DIST. CO. MARK VII DIST. MENARDS CASHWAY LUMBER-F MINNESOTA GREEN EXPO MN DEPT OF ADMINISTRATIO MORE DISTRIBUTING, INC NEXTEL COMMUNICATIONS PETTY CASH - KAREN MOELL PETTY CASH - LIZ BRAY PETTY CASH - MARY DUGDAL PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS SAEFKE/DEANNA SCRIBNER/SUSAN SPECIALTY WINES & BEVERA STATE OF MINN-DEPT OF FI TAUTGES, REDPATH, & CO., TDS METROCOM TWIN CITIES TITANS VERIZON WIRELESS WINE MERCHANTS WORLD CLASS WINE XCEL ENERGY (N S P) JOHNSON/THOMAS M WELLS FARGO BANK NORTHEAST BANK ASNAKE/SEBLE ~ \.0 00 115122 115123 115124 115125 115126 115127 115128 115129 115130 115131 115132 115133 115134 115135 115136 115137 115138 115139 115140 115141 115142 115143 115144 115145 115146 115147 115148 115149 115150 115151 115152 115153 115154 115155 115156 115157 115158 115159 115160 115161 115162 115163 115164 115165 115166 115167 115168 AMOUNT 300.00 159.72 165.00 406.31 144.80 1,714.00 4,765.25 11.00 2,198.80 391. 39 48,013 .07 152.56 3,372.72 106.92 69.81 37,855.35 3,265.40 45,146.50 1,721.31 250.00 36,039.90 24,401. 34 231.23 95.00 459.50 81.00 418.22 143.45 27.35 164.57 8,093.61 29,000.13 20.58 140.25 562.01 72.40 458.00 535.11 29.71 43.37 2,566.14 397.00 14,788.76 3.00.00 5,673.44 2,400,000.00 50.00 ACS FINANCIAL SYSTEM 12/08/2005 17 BANK VENDOR Check History 12/12/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK CHECKING ACCOUNT CHISAGO LAKES DISTRIBUTI COCA-COLA BOTTLING MIDWE COOKE CO/J P DERKSEN/ARLENE DEX MEDIA EAST LLC DUGDALE/MARY GRIGGS-COOPER & CO HAMAN/LEONA HOHENSTEINS INC HOME DEPOT #2802 JOHNSON/EVELYN KAEHN/LINDA KIWI KAI IMPORTS KLIMEK/HARRY LASSER/JAMES MENARDS CASHWAY LUMBER-F METRO CALL - ATT MESSAGIN NAWROCKI/BRUCE NEEDHAM DISTRIBUTING CO NELSON/MARY JANE NEXTEL COMMUNICATIONS OFFICE DEPOT OLSON/KELLY J PETERSON/JOANNE PETTY CASH - JOANNE BAKE PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS SCHMIDT/JEANINE M SOLBRO/SCOTT TUBBS/MARSHA URBAN LAND INSTITUTE VERIZON WIRELESS WINDSCHITL/KEITH WINES SPECTATOR WRESSELL/HELEN CITY OF COLUMBIA HEIGHTS ACE HARDWARE ALEX HYDROSEEDING AMERICAN ENGINEERING TES AMERICAN LIBRARY ASSOC AMERICAN WATER WORKS ASS AMERIPRIDE ANOKA COUNTY HIGHWAY DEP ANOKA COUNTY LIBRARY ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. ASTLE FORD INTERNATIONAL ~ 1.0 1.0 115169 115170 115171 115172 115173 115174 115175 115176 115177 115178 115179 115180 115181 115182 115183 115184 115185 115186 115187 115188 115189 115190 115191 115192 115193 115194 115195 115196 115197 115198 115199 115200 115201 115202 115203 115204 115205 115206 115207 115208 115209 115210 115211 115212 115213 115214 115215 AMOUNT 712.75 279.20 49.89 500.00 162.60 95.00 20,279.90 31. 00 4,174.17 116.86 31.00 1,350.00 317.00 600.00 500.00 257.77 127.53 281.19 160.50 31. 00 175.92 25.27 18.13 11. 34 78.48 3,090.23 1,635.88 14.48 222.20 75.81 10.00 33.44 46.60 49.95 31. 00 257,845.31 47.90 1,800.00 1,725.00 88.50 450.00 108.12 110.00 759.26 597.63 2,816.74 43.59 ACS FINANCIAL SYSTEM 12/08/2005 17 BANK VENDOR Check History 12/12/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK CHECKING ACCOUNT ATOMSPHERE PRODUCTS INC BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNHART/NORM BAUER BUILT TIRE & BATTE BIFF'S,INC. BLUEMELS TREE SERVICE BOOK WHOLESALERS INC BOYER TRUCK PARTS BRODART BRYAN ROCK PRODUCTS, INC BUETOW AND ASSOCIATES IN CAMDEN PET HOSPITAL, INC CHAMPLAIN PLANNING PRESS CINTAS FIRST AID-SAFETY CLARK PRODUCTS INC CLASSIC CATERING COLUMBIA PARK MEDICAL GR COMMISSIONER OF TRANSPOR D ROCK CENTER DAHLGREN SHARDLOW & UBAN DAKOTA COUNTY RECEIVING DANKA DAVIES WATER EQUIPMENT C DEMCO, INC. DNR ENTERPRISES DOYLE LOCK SUPPLY DU ALL SERVICE CONTRACTO EMERGENCY AUTOMOTIVE TEC FIDELITY SERVICES INC FLEX COMPENSATION, INC FRATTALONE COMPANIES INC G & K SERVICES GALE GROUP/THE GENUINE PARTS/NAPA AUTO GIS RANGERS GROVE NURSERY HARBOR FREIGHT TOOLS HEIGHTS ELECTRIC INC. HEIGHTS-NORTHEAST WELDIN HOME DEPOT #2802 HORNADY MANUFACTURING CO HOUCHEN BINDERY LTD INTEGRATED LOSS CONTROL ISANTI COUNTY EQUIPMENT J H LARSON ELECTRIC COMP JINDRA/PATRICIA ~ ...... o o 115216 115217 115218 115219 115220 115221 115222 115223 115224 115225 115226 115227 115228 115229 115230 115231 115232 115233 115234 115235 115236 115237 115238 115239 115240 115241 115242 115243 115244 115245 115246 115247 115248 115249 115250 115251 115252 115253 115254 115255 115256 115257 115258 115259 115260 115261 115262 AMOUNT 71. 50 3,580.06 858.47 25.00 136.72 410.33 28,854.04 141. 00 162.07 98.13 2,046.87 1,241. 64 680.00 67.50 147.49 324.95 2,374.81 852.00 60.00 2,211. 21 4,480.10 60.00 43.48 1,722.67 262.57 669.56 17.85 55,177.78 324.53 4,884.61 178.50 341,517.02 1,871.07 297.20 759.70 5,982.10 1,804.90 17.03 370.00 115.00 217.54 126.24 139.20 638.00 61. 09 88.65 105.00 ACS FINANCIAL SYSTEM 12/08/2005 17 BANK VENDOR Check History 12/12/2005 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK CHECKING ACCOUNT JUSTICE PLANNING & MGMT 115263 175.00 KEEP INC/THE 115264 25.00 KENNEDY & GRAVEN 115265 1,520.35 KUSSMAUL ELECTRONICS INC 115266 46.41 LOADER/REBECCA 115267 316.81 LOWRY CENTRAL BOWLERS 115268 115.78 LUBE-TECH 115269 435.75 MAC QUEEN EQUIPMENT CO. 115270 293.25 MASTER ELECTRIC CO, INC 115271 290.00 MAYER DISTRIBUTING/LUBES 115272 363.48 MCCLELLAN SALES 115273 74.50 MEDICS TRAINING INC 115274 300.00 MENARDS CASHWAY LUMBER-F 115275 739.88 METRO FIRE 115276 13 .33 MIDWAY FORD 115277 86.43 MIDWEST ASPHALT CO. 115278 515.86 MIDWEST LOCK & SAFE 115279 164.94 MINITEX - ATTN MARY GARC 115280 216.00 MINNEAPOLIS SAW CO. 115281 1,313.09 MINNESOTA COACHES 115282 1,406.18 MINNESOTA DEPARTMENT OF 115283 8,252.00 MN CHIEFS OF POLICE ASSO 115284 1,163.94 ~ MN DEPT OF ADMINISTRATIO 115285 37.00 J-l. MN FALL MAINTENANCE EXPO 115286 25.00 0 MN REC & PK ASSOC - MRP 115287 160.00 J-l. MORRELL & MORRELL INC 115288 367.35 MTI DISTRIBUTING 115289 46.85 MURZYN JR/DONALD J 115290 70.00 O'GARA/ANDREW 115291 45.00 OFFICE DEPOT 115292 650.03 ONE-CALL CONCEPT-GOPHER 115293 333.05 ORIENTAL TRADING COMPANY 115294 85.25 PEPIN, LAWRENCE 115295 40.50 PEPSI-COLA-7 UP 115296 631. 00 PETE'S WATER & SEWER INC 115297 11,560.00 PRO GRAPHICS 115298 12.65 PROSOURCE TECHNOLOGIES I 115299 42,348.30 QUALITY RESTORATION SERV 115300 32,155.14 QUILL 115301 48.92 RAPID GRAPHICS & MAILING 115302 4,566.00 RAPIT PRINTING - NEW BRI 115303 106.90 RECORDED BOOKS 115304 62.77 ROYAL TIRE 115305 217.70 SERVICE LIGHTING 115306 74.37 SHORT ELLIOT HENDRICKSON 115307 1,583.87 ST JOSEPH'S EQUIPMENT 115308 509.68 STANWAY EXCAVATING 115309 809.40 ACS FINANCIAL SYSTEM 12/08/2005 17 BANK VENDOR Check History 12/12/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 BANK CHECKING ACCOUNT STAPLES BUSINESS ADVANTA STENGLEIN/JAMES STREICHER'S GUN'S INCjDO SUN PUBLICATION TERMINIX INTERNATIONAL TKDA, INC TRANS-ALARM INC TROPHIES BY LINDA UNITED RENTALS UPSTART- DIVISION OF HIG VECTOR INTERNET SERVICES VEIT COMPANY VERIZON WIRELESS WERNER ELECTRIC SUPPLY C WHEELER LANDSCAPE WW GRAINGER, INC ZEP MANUFACTURING COMPAN ZIEGLER INC 10,000 LAKES CHAPTER EDU ~ ...... o N 115310 115311 115312 115313 115314 115315 115316 115317 115318 115319 115320 115321 115322 115323 115324 115325 115326 115327 115328 AMOUNT 168.45 200.00 439.93 126.23 106.50 219.40 261.76 152.03 81.72 108.96 240.00 106,062.37 138.10 60.31 1,402.41 132.62 125.85 210.90 60.00 3,667,917.55 *** ACS FINANCIAL SYSTEM 12/08/2005 17 BANK VENDOR REPORT TOTALS: ;0 f-' o W Check History 12/12/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 6 AMOUNT 3 I 667 I 9.1 7 . 55 RECORDS PRINTED - 001025 ACS FINANCIAL SYSTEM 12/08/2005 17:41:24 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 203 212 240 261 265 401 411 415 420 481 601 602 603 604 609 651 652 701 720 >-01 ;.....~ 0" ~.~ DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND PARKVIEW VILLA NORTH STATE AID MAINTENANCE LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP CAPITAL IMPROVEMENTS CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT ANOKA JLEC:POLICE COMPTR EQP WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER CONSTRUCTION FUND SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN ESCROW INVESTMENT TRUST FLEX BENEFIT TRUST FUND 79,601. 96 676.82 458.00 931.73 9,164.47 27.35 788.78 29,849.23 1,305.68 427,141.88 135,352.96 1,071.11 11,410.01 1,802.46 367.35 115.14 284,335.40 9,258.07 2,529.69 7,839.63 436.60 250.00 63.44 253,516.63 2,400,000.00 9,623.16 3,667,917.55 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 3,667,917.55 3,667,917.55 CITY COUNCIL LETTER Meeting of December 12,2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY CD l\ Fire MANAGER NO: APPROVAL ITEM: Close hearing - Rental BY: Gary Gorman BYtA;{f/- I-- License Revocation NO: DATE: December 7,2005 DATE: The matter of the revocation of the license to operate a rental unites) within the City of Columbia Heights against Julie Marsh regarding rental property at 4524 Mom-oe Street NE. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of November 28, 2005 and was continued to the meeting of December 12,2005. The public hearing on this property may now be closed in that the owner has applied for and has been granted time extensions to COlTect the violations on the property. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Julie Marsh regarding rental property at 4524 Monroe Street NE in that an extension of time has been granted. COUNCIL ACTION: P.lOS CITY COUNCIL LETTER Meeting of December 12,2005 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY toE> Fire MANAGER NO: APPROVAL ITEM: Reissue 666-668 4ih_ BY: Gary Gorman BY: J//II~ 1/2 Avenue NO: DATE: December 7, 2005 DATE: The matter of the revocation of the license to operate a rental unite s) within the City of Columbia Heights against David Decker regarding rental property at 666-668 4 ih -112 Avenue for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to David Decker to operate the rental property located at 666-668 47th -112 Avenue in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: P.I06 CITY COUNCIL LETTER Meeting of December 12, 2005 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY ~C- Fire MANAGER NO: APPROVAL ITEM: Reinstate 660-662 4 ih - BY: Gary Gorman BY:~~ 1/2 Avenue NO: DATE: December 7, 2005 DATE: - The matter of the revocation ofthe license to operate a rental unite s) within the City of Columbia Heights against David Decker regarding rental property at 660-662 4ih -1/2 Avenue for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to David Decker to operate the rental property located at 660-662 4 ih -1/2 Avenue in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: P.I07 CITY COUNCIL LETTER Meeting of December 12, 2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: LoD ITEM Adopt Resolution For Revocation BY: Gary Gorman BY: . DATE: December 8, 2005 DATE: Res. #2005-101 NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against F.C. Celtic LLC regarding rental propeliy at 3849- 51 Central Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-101, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-101, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthe rental license held by F.C. Celtic LLC regarding rental property at 3849- 51 Central Avenue NE. COUNCIL ACTION: P.I08 RESOLUTION 2005-101 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) ofthat ceIiainresidential rental license held by F.C. Celtic (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propeIiy located at 3849-51 Central Avenue NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Miele IV, Section 5AA08(B), written notice setting foIih the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 17, 2005 of an public hearing to be held on December 12,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City COlmcil of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 21, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 12, 2005, inspectors for the City of Columbia Heights, reinspected the propeIiy and noted seven violations remained uncorrected. A statement of cause was mailed via ceIiified mail to the owner at the address listed on the rental housing license application. 3. That on December 8, 2005, inspectors for the City of Columbia Heights performed a final inspection and noted that seven violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations ofthe City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; 1. Unit #202 11. Shall provide unit with a working smoke detector....State Statute 299F .362 111. Shall repair the living room ceiling that has been damaged by water. IV. Shall repair the roof leak causing the water damage in Unit #202 v. Unit #201 VI. Shall repair the water that is leaking around the electrical panel in the unit Vll. Shall repair the water leaking around the south side windows. V111. Shall repair the kitchen ceiling that is water stained IX. Shall repair the leaking roof on the building. P.I09 5. 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, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7214 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy ofthis 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 oftms Order revoking the license as held by License Holder. Passed this day of 2005 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.IIO CITY COUNCIL LETTER Meeting of December 12,2005 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY toS Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:vf#d- Revocation DATE: December 8, 2005 DATE: I NO: Res. # 2005-102 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Luis Sinchi regarding rental property at 4534 Madison Street NE for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-102 , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-102, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Luis Sinchi regarding rental property at 4534 Madison Street NE. COUNCIL ACTION: P.lll RESOLUTION 2005-102 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthat certain residential rental license held by Luis Sinchi (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4534 Madison Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 10, 2005 of an public hearing to be held on December 12,2005. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights malces the following: FINDINGS OF FACT 1. That on October 3, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 10, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on December 5, 2005, inspectors for the City of Columbia Heights performed a final inspection and noted that two violations remained lillcorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall have all fire extinguishers in the building serviced by an approved company. 11. Shall remove all/any storage in the hallways, bikes, lawn chairs, charco!. NO STORAGE OF ANY KIND CAN BE IN THE HALLWAYS. 5. 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, Chapter 5A, Aliicle III 5A.306 and 5A.303(A). P.112 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7005 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2005 Offered by: Second by: Roll Call: Mayor Gary 1. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.113 COLUMBIA HEIGHTS - CITY COUNCIL LETTER AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGERS Reso lutions/Ordinances 7A '\ Community Development APPROVAL NO: BY: Lawrence R. Pepin uf# - Ad,?/, ITEM: Adopt Ordinance #1501 Amending BY: tt~iif/;{r:21 Building Code adoption portion of the DATE: 12/07/2005 DATE: City Code 6.801 Violations NO: Meeting of: December 12, 2005 The City receives numerous complaints each year from residents tired of looking at neighbors unfInished construction projects where homeowners or contractors began construction improvements to their property but never fully completed the work or delayed completion beyond a reasonable time. In some cases staff found that although a building permit was issued, the homeowner or contractor either ran out of funds during the construction or encountered additional expenses due to unforeseen circumstances. In other cases, homeowners have simply worked at their own pace extending their timeline for completion indefinitely. The Minnesota Building Code 1300.0120 subpart 11 Expiration states: "Every permit issued shall become invalid unless the work authorized by the permit is commenced within 180 days after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of 180 days after the time the work is commenced." The code makes no provisions regarding when the exterior of the project must be completed. The proposed ordinance requires that the exterior of all structures located within the City of Columbia Heights be completed within six months for residential and 12 months for commercial from the time of permit issuance. The Building Official is recommending anlending Chapter 6 Subsection 6.801 of the City Code based upon language used by the Cities of Shoreview and Plymouth in their city codes. The advantages of adopting this ordinance are to limit the negative aesthetic impact on the community for exterior construction projects, second, to limit the exposure to the elements of the unprotected building materials. This frees up the time of the Building Official for other inspections or investigations. When complaints from neighboring residents are registered, the Building Official investigates them and attempts to work with the property owners to develop a timeline by which the exterior portions of their projects can be completed within the parameters of the ordinance. Although the proposed ordinance may not resolve all cases, it will serve as an additional enforcement tool used to encourage those who may deliberately and reluctantly choose not to complete the exterior portion of their improvement project within a reasonable period of time. In addition, individuals who submit applications for building permits would be informed of the new ordinance provision at the time of permit issuance. Discussion at the work session on November 21 requested that the permit holder be required to show significant progress, as deemed by the Building Official, within the first 90 days to assure completion by the 180 day requirement. Violations of this Ordinance will fall under the penalties of the City Code. MOTION: Move to waive the reading of Ordinance #1501, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1501, being an Ordinance amending Ordinance No. 1490, City Code of 2005 Exterior Improvement Compliance. COUNCIL ACTION: P.114 ORDINANCE 1501 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 EXTERIOR IMPROVEMENT COMPLIANCE The City of Columbia Heights does ordain: Chapter 6, Article VIII, Section 6.801 of the Columbia Heights City Code, which currently reads to wit: S 6.801 VIOLATIONS. (A) No person, finn, or corporation shall engage in any building or construction nor shall any person having a superior possessory interest in or owning real estate allow any building or construction to occur upon such real estate within the city without having first obtained a pennit therefor pursuant to the provisions of this chapter. (B) No person, finn, or corporation shall engage in any building or construction nor shall any person having a superior possessory interest in or owning real estate allow any building or construction to occur upon such real estate within the city except in confonnance with the standards for work perfonned and materials contained in this chapter. (C) No person, finn, or corporation engaging in building or construction or having any superior possessory interest in or owning real estate which is the site of such building or construction within the city shall refuse to allow an inspection by the Building Official or his agent or designated representative. (D) No person, finn or corporation owning or having a superior possessOlY interest in real estate within the city shall maintain any building or condition not in confonnance with the provisions of this code. (E) No person, finn, or corporation engaging in any building or construction or owning or having a superior possessOlY interest in the site of such building or construction shall refuse to comply with a lawful order of the Building Official or his agent or designated representative under this chapter. (F) No person, finn, or corporation shall construct, or cause to be constructed or erected within the city any fence or swnmning pool without first having secured a pelmit therefor from the Building Official. (G) No person, firm, or corporation owning or having a superior possessOlY interest in real estate on which a fence or swilmning pool exists shall allow such fence or swnnming pool to be other than in a condition of reasonable repair and shall not allow such fence or swimming pool to become or remain in a condition of disrepair or danger. Is thereby amended to read as follows: S 6.801 VIOLATIONS. (A) . No person, finn, or corporation shall engage in any building or construction nor shall any person having a superior possessory interest in or owning real estate allow any building or construction to occur upon such real estate within the city without having first obtained a pennit therefor pursuant to the provisions of this chapter. (B) No person, finn, or corporation shall engage in any building or construction nor shall any person having a superior possessory interest in or owning real estate allow any building or construction to occur upon such real estate within the city except in confonnance with the standards for work perfonned and materials contained nl this chapter. (C) No person, finn, or corporation engaging in building or construction or having any superior possessory interest in or owning real estate which is the site of such building or construction within the city shall refuse to allow an inspection by the Building Official or his agent or designated representative. (D) No person, fmn or corporation owning or having a superior possessory interest in real estate within the city shall maintain any building or condition not in conformance with the provisions of this code. (E) No person, firm, or corporation engaging in any building or construction or owning or having a superior possessory interest in the site of such building or construction shall refuse to comply with a lawful order of the Building Official or his agent or designated representative under this chapter. (F) No person, finn, or corporation shall construct, or cause to be constructed or erected within the city any fence or swnmning pool without first having slP. 115 a pennit therefor from the Building Official. (G) No person, fin11, or corporation owning or having a supetior possessory interest in real estate on which a fence or swimming pool exists shall allow such fence or swimming pool to be other than in a condition of reasonable repair and shall not allow such fence or Swillli11ing pool to become or remain in a condition of disrepair or danger. (H) All extetior improvements of a structure, or pOliion thereof, including final grading to single family dwellings, multiple family dwelling of twelve (12) units or less or any structure accessOlY to a residential use shall be completed in accordance with City-approved plans within one hundred eighty (180) days after the date the City issued the building permit. Significant progress, as deemed by the Building Official, shall be shown within the first ninety (90) days. (1) All extetior improvements of a structure, or portion thereof, including final grading to multiple family dwellings of more than (12) units or any cormnercial, industtial, office, institutional or non-residential structure shall be completed in accordance with City-approved plans within one (1) year after the date the City issued the building pennit. (J) In all cases, the compliance deadline for extetior improvements shall be upheld unless a wtitten request for an extension is submitted and approved by the Building Official. An extension may only be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion ortne buildil1.g project. EXfullples would include a flood, fire, tornado, loss of job, prolonged illness or accident. The decision of the Building Official may be appealed to the Planning Commission, who acts as the Board of Appeals. This Ordinance shall be in full force and effect 30 days after its passage. First Reading: Second Reading: Date of Passage: November 28,2005 Offered by: Seconded by: RollCall: Ayes: Nays: Mayor Gary L. Peterson Attest: Pamcia Muscovitz, CMC Deputy City Clerk/Council Secretary P.116 COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S Other Ordinances and Resolutions l A '2. Community Development APPROVAL NO: /. ITEM: Ordinance 1502, Zoning TextAmendmentto BY: Jeff Sargent, City Planner JS . .~;!~l BY. ~, ~Q '/ ?/1 the R-2, One and Two Family Residential District DATE: December 8, 2005 Meeting of: December 12, 2005 BACKGROUND: Due to recent events related to the construction of new duplexes in neighborhoods primarily comprised of single-family homes, the City Council and Planning Commission directed staff to review the zoning regulations goveming duplexes. Specifically, the City Council and Plalming Commission have expressed concerns over duplexes located in predominately single-family neighborhoods and the scale or size of duplexes being constructed compared to the character of the surrounding neighborhood. City Staff conducted a study and discovered that there are approximately 354 duplexes located in the City of Columbia Heights. Staff also compared Columbia Heights to 12 sinlilarly developed cities, alld concluded that Columbia Heights has the highest percentage of dwelling units that are duplexes, at 6.7%. This is well over the average of 2.3% for the other 12 cities. It was also discovered that Columbia Heights has the second smallest minimum lot size requirement for duplexes at 8,400 square feet, compared to the average lot size for duplexes in the other cities at 12,130 sqUal'e feet. With this information, it Call be interpreted that the City of Columbia Heights has an over-abundance of duplexes, on fairly small pieces of property. When duplexes are constructed on smaller lots, it causes a crowding effect, especially when they are located adjacent to single-family residences. In order to help appease this problem, Staff has recommended that the ordinance be alnended establishing a new zoning district specifically for duplex uses. Staff proposes rezoning originally constructed duplexes in the R-2 District to R-2B and th~ remainder ofR-2 to R- 2A. Duplexes should be permitted in both R-2B alld R-2A as Conditional Uses. Minimum lot size for R-2A should be 12,000 square feet. Minimum lot sizes for R-2B should be 5,100 square feet for duplex uses existing on JallUary 1,2005, or 12,000 square feet for lots established after January 1, 2005. RECOMMENDATION: The' Plarming alld Zoning Commission recommends the City Council establish a 2nd Reading ofOrditlallCe 1502, for Monday, January 9, 2006, at approxiInately 7:00 pm itl City Council Chambers. RECOMMENDED MOTION: Move to waive the readitlg of Ordinance No. 1502, there being ample copies available to the public. Move to establish a second reading of Ordinance No. 1502, amenditlgthe text as it relates to the R-2, One and Two Family Residential District, for Monday, January 9,2006, at approxitnately 7:00 pm in the City Council Chalnbers. Attachments: Draft Ordinance, P+ Z Memo, Proposed Zoning Map COUNCIL ACTION: P.117 DRAFT ORDINANCE NO. 1502 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R-2, ONE AND TWO F AMIL Y RESIDENTIAL DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards: (44) Two-family and Twinhome Dwellings (a) Street-facing garage doors must be recessed behind either the front fa~ade of the living area portion of the dwelling or a covered porch (measuring at least six feet by eight feet) by at least five feet. (b) If located on a corner lot, each unit of the duplex or twinhome shall have its address and entrance oriented to a separate street frontage. (c) Vehicle access to a lot must be from an alley if the lot abuts an alley. Chapter 9, Article I, Section 9.109 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: R-1 R-2- R-2A R-2B R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. Two-Family and Twinhome 8, 100 sq. ft. 12,000 sq. ft. Existing on 8,400 sq. ft. 8,400 sq. ft. Dwellings January 1, 2005 - 5,100 sq. ft. Establsihed after January 1, 2005 - 12,000 sq. ft. Multiple Family Dwelling 10,000 sq. ft. 10,000 sq. ft. P.118 Non-residential Structure 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Multiple Family Dwelling Efficiency c. "f\f\ .f+ 1,200 Sq. ft. 800 sq. ft. , One bedroom A ,., f\f\ .f+ 1,800 sq. ft. 1,000 sq. ft. , Two bedroom 1,500 sq. ft. 2,000 sq. ft. 1,200 sq. ft Three bedroom 2,500 Sq. ft. 1,500 sq. ft. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Mininmm Lot Width @-feet 60 feet 60 feet 70 feet 70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard U-feet 25 feet 25 feet 30 feet 15 feet Side Yard ~ 5 feet* 5 feet* 20 feet 10 feet Comer Side Yard -l-Q-feet 10 feet 10 feet 30 feet 15 feet Rear Yard 20% oflot 20% of lot 20% of lot 30 feet 15 feet ~ depth depth Non-residential Building Setbacks Front Yard ~ 25 feet 25 feet 30 feet 15 feet Side Yard W-feet 30 feet 30 feet 25 feet 10 feet Comer Side Yard -l-Q-feet 10 feet 10 feet 30 feet 15 feet Rear Yard W-feet 30 feet 30 feet 25 feet 10 feet Single and Two Family Parking . Setbacks Front Yard (Excluding drives/pads) U-feet 25 feet 25 feet 30 feet 30 feet Side Yard J...feet 3 feet 3 feet 3 feet 3 feet Comer Side Yard J-.:feet 3 feet 3 feet 3 feet 3 feet Rear Yard J-feet 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Comer Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks Front Yard ~ 25 feet 25 feet 30 feet 30 feet Side Yard -Ul-feet 10 feet 10 feet 10 feet 10 feet Comer Side Yard U-feet 25 feet 25 feet 30 feet 30 feet Rear Yard -l-Q-feet 10 feet 10 feet 10 feet 10 feet Maximum Height Residential structures ~ 28 feet 28 feet 35 feet 35 feet .. N on-residential structures ~ 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 * The.side yard setback for structures in excess of two (2) storeis shall be increased to 10 feet. P.119 Chapter 9, Article I, Section 9.109 (F) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.109 RESIDENTIAL DISTRICTS (F) R-2A and R-2B, R-2, Two Family Residential District. 1) Purpose. The purpose of the R-2A and R-2B R-;!. Two Family Residence District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-2A and R-2B R-;!., Two-Family Residential District: a) Single-family dwelling, detached. b) TVlO family dvt'elling. c) T\vinhome dV/elling. d) State licensed residential care facility serving 6 or fewer persons. e) Licensed day care facility serving 12 or fewer persons. f) Licensed group family day care facility serving 14 or fewer children. g) Public parks and playgrounds. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-2A and R-2B R-;!., Two Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Two-family dwelling b) Twinhome dwelling c) Religious facility/place of worship. d) Convent or monastery, when accessory to a religious facility. e) School, public or private, K-12. f) Government office. g) Government protective service facility. h) Golf course. i) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-2A and R-2B R-;!., Two Family Residential District: a) Private garages, carports and parking spaces. P.120 b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other hOliicultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. Section 2: TIns ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 ,2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk P.121 ORDINANCE NO. 1502 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R-2, ONE AND TWO FAMILY RESIDENTIAL DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, shall be amended to include: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. standards: The follo\:vinQ: uses are subiect to specific de"relopment ~ ~ ~ ~ (44) Two-family and Twinhome Dwellings (a) Street-facing garage doors must be recessed behind either the front fa~ade of the living area portion ofthe dwelling or a covered porch (measuring at least six feet by eight feet) by at least five feet. (b) If located on a comer lot, each unit of the duplex or twinhome shall have its address and entrance oriented to a separate street frontage. (c) Vehicle access to a lot must be from an alley if the lot abuts an alley. Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code, which currently reads to wit: ~ 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: R-1 R-2 R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. Two-Family and Twinhome 8,400 sq. ft. 8,400 sq. ft. 8,400 sq. ft. Dwelling 9,000 sq. ft. Multiole Family Dwelling 10,000 sq. ft. 10,000 sa. ft. Non-residential Structure 8,400 sq. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Multiple Family Dwelling Efficiency 6,500 sq. ft. 1,200 sq. ft. 800 sq. ft. One bedroom 4,200 sq. ft. 1,800 sq. ft. 1,000 sq. ft. Two bedroom 4,500 sq. ft. 2,000 sq. ft. 1,200 sa. ft. Three bedroom 2,500 sq. ft. 1,500 sa. ft. Additional bedroom 400 sq. ft. 200 sa. ft. Congregate Living Units 400 sq. ft. 400 sa. ft. Minimum Lot Width 70 feet 60 feet 70 feet 70 ft. P.122 Minimum Lot Depth , Residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 7 feet* 5 feet* 20 feet 10 feet Corner Side Yard 12 feet 10 feet 30 feet 15 feet Rear Yard 20% of lot 20% of lot 30 feet 15 feet depth depth Non-residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 40 feet 30 feet 25 feet 10 feet Corner Side Yard 12 feet 10 feet 30 feet 15 feet Rear Yard 40 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/pads) 25 feet 25 feet 30 feet 30 feet c:..:I...v........1 3 feet 3 feet ., .r.......+ "J .c.......... 1.,)1U~ ~ a.l U J J.tiCL J J.\:;OL Corner Side Yard 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Corner Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks Front Yard 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet 10 feet 10 feet Corner Side Yard 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 10 feet Maximum Height Residential structures 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 Is thereby amended to read as follows: ~ 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: R-l R-2A R-2B R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. Two-Family and Twinhome 12,000 sq. ft. Existing on 8,400 sq. ft. 8,400 sq. ft. Dwelling January 1,2005 - 5,100 sq. ft. Established after January 1, 2005 - 12,000 sq. ft. Multiple Family Dwelling 10,000 sq. ft. 10,000 sq. ft. Non-residential Structure 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Multiple Family Dwelling Efficiency 1,200 sq. ft. 800 sq. ft. P.l23 One bedroom 1,800 so. ft. 1,000 sq. ft. Two bedroom 2,000 so. ft. 1,200 sq. ft. Three bedroom 2,500 so. ft. 1,500 sq. ft. Additional bedroom 400 so. ft. 200 sq. ft. Congregate Living Units 400 so. ft. 400 sq. ft. Minimum Lot Width 70 feet 60 feet 60 feet 70 feet 70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet 25 feet 25 feet 30 feet 15 feet Side Yard 7 feet* 5 feet* 5 feet* 20 feet 10 feet Comer Side Yard 12 feet 10 feet 10 feet 30 feet 15 feet Rear Yard 20% of lot 20% of lot 20% of lot depth 30 feet 15 feet depth depth Non-residential Building Setbacks Front Yard 25 feet 25 feet 25 feet 30 feet 15 feet Side Yard 40 feet 30 feel 30 feet '"'~ ","__.4- 1 n ,c.........+ ~J It;;t;L IV lC:C:t. Corner Side Yard 12 feet 10 feet 10 feet 30 feet 15 feet Rear Yard 40 feet 30 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/pads) 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Corner Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Corner Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks Front Yard 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet 10 feet 10 feet 10 feet Corner Side Yard 25 feet 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Height Residential structures 28 feet 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 Chapter 9, Article I, Section 9.109 (F) of the Columbia Heights City Code, which currently reads to wit: ~ 9.109 RESIDENTIAL DISTRICTS (F) R-2, Two Family Residential District. 1) Purpose. The purpose of the R-2 Two Family Residence District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. P.124 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-2, Single-Family Residential District: a) Single-family dwelling, detached. b) Two-family dwelling. c) Twinhome dwelling. d) State licensed residential care facility serving 6 or fewer persons. e) Licensed day care facility serving 12 or fewer persons. f) Licensed group family day care facility serving 14 or fewer children. g) Public parks and playgrounds. 3) Conditional Uses. Except as specifically limited herein, the following uses may be nll~'we;J ~~ -1-1-."" D " 'T'nv~ TIn~~ly De"~de~-I-~nl n:s....:n-l- m.1-.:~~-I- -I-~ -I-1-.~ _~~nln-l-:~~" "e-l- +~.,.j-1-. uuv - U.1U LUC. .1~-~, .1 V V .1.muu .l~ ".1 -UUU! JJ! LUvL, "UUJvvL LV LUv .1ve;U!UUVU"" L .1V.1LU for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Religious facility/place of worship. b) Convent or monastery, when accessory to a religious facility. c) School, public or private, K-12. d) Government office. e) Government protective service facility. f) . Golf course. g) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-2, Two Family Residential District: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. Is thereby amended to read as follows: ~ 9.109 RESIDENTIAL DISTRICTS (F) R-2A and R-2B, Two Family Residential District. P.125 1) Purpose. The purpose of the R-2A and R-2B Two Family Residence District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-2A and R-2B Two-Family Residential District: a) Single-family dwelling, detached. b) State licensed residential care facility serving 6 or fewer persons. c) Licensed day care facility serving 12 or fewer persons. d) Licensed group family day care facility serving 14 or fewer children. PI Pnhl,l' n!'lrlrc !'l1,r1 nl!'lvm"rl11nrlc ""'J .... -............- y...............1Io..u -........,.,... .t"....'l.+.TO..l,'U'~................ 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-2A and R-2B, Two Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Two-family dwelling b) Twinhome dwelling c) Religious facility/place of worship. d) Convent or monastery, when accessory to a religious facility. e) School, public or private, K-12. f) Government office. g) Government protective service facility. h) Golf course. i) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-2A and R-2B, Two Family Residential District: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other hOliicultura1 uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. P.126 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: , 2005 ,2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk P.127 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-1204 DATE: November 23, 2005 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to the R_? nnA ::mrl T\Aln l='::Imil\l RAc:irlAnti::l1 nic:trid .... -, -..- .......- . ..-. -"1"'1 . ...--.--............. -.-....-.. PREPARED BY: Jeff Sargent, City Planner BACKGROUND: Due to recent events related to the construction of new duplexes in neighborhoods primarily comprised of single-family homes, the City Council and Planning Commission directed staff to review the zoning regulations governing duplexes. Specifically, the City Council and Planning Commission have expressed concerns over duplexes located in predominately single-family neighborhoods and the scale or size of duplexes being constructed compared to the character of the surrounding neighborhood. Patrick Smith, a former Columbia Heights City Planner, did some research regarding duplexes within the city limits and addressed his conclusions in a memo submitted to the City Council on May 17, 2005. The memo stated that based on rental licenses, there are approximately 354 duplexes located in the City of Columbia Heights. Staff also compared Columbia Heights to 12 similarly developed cities, and concluded that Columbia Heights has the highest percentage of dwelling units that are duplexes, at 6.7%. This is well over the average of 2.3% for the other 12 cities. It was also discovered that Columbia Heights has the second smallest minimum lot size requirement for duplexes at 8,400 square feet, compared to the average lot size for duplexes in the other cities at 12,130 square feet. With this information, it can be interpreted that the City of Columbia Heights has an over-abundance of duplexes, on fairly small pieces of property. When duplexes are constructed on smaller lots, it causes a crowding effect, especially when they are located adjacent to single-family residences. In order to help appease this problem, Staff has recommended that the ordinance be amended establishing a new zoning district specifically for duplex uses. P.12S City of Columbia Heights Planning Commission Text Amendment R-2 District November 23, 2005 Case # 2005-1204 ANALYSIS: The formation of a new zoning district, along with the text amendment requiring a larger minimum lot size for duplexes and twin homes will cause some non- conformity. The existing duplexes will be affected in one of two ways. All current duplexes will be zoned to the R-2B zoning District, which would require a minimum lot size of 5,100 square feet for those duplexes and twin homes constructed prior to January 1,2005 and 12,000 square feet for those duplexes and twin homes constructed after January 1, 2005. The only duplexes or twin homes that would become legally non- conforming would be those duplexes and twin homes constructed prior to January 1, 2005 that had a lot size of less than 5,100 square feet. All proposed duplexes and twinhomes would be allowed in either the R-2A or R-28 Districts through a Conditional Use Permit. Any newly constructed duplex must be located on a property of at least 12,000 square feet. CONSISTENCY WITH COMPREHENSIVE PLAN: There are two pertinent housing goals stated in the City's Comprehensive Plan regarding duplexes and single-family neighborhoods. First, the City will"provide a variety of life-cycle housing opportunities within the community". Second, the City will "promote and preserve the single-family housing stock as the community's strongest asset". An implementation strategy for the second goal is that the City will identify non-conforming uses within residential districts and take actions to bring them into compliance. NON-CONFORMING USES: Non-conforming uses may continue indefinitely unless the nonconformity or occupancy is discontinued for a period of more than one year, or the nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In addition, current regulations do not allow non-conforming Llses, including duplexes, to expand. FINDINGS OF FACT: The City Council shall make each of the following findings before granting approval of a request to amend the City Code. They are as follows: a) The amendment is consistent with the comprehensive plan. There are two pertinent housing goals stated in the City's Comprehensive Plan regarding duplexes and single-family neighborhoods. First, the City will "provide a variety of life-cycle housing opportunities within the community". Second, the City will "promote and preserve the single-family housing stock as the community's strongest asset". These proposed amendments would be consistent with the Comprehensive Plan. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. P.129 Page 2 City of Columbia Heights Planning Commission Text Amendment R-2 District November 23, 2005 Case # 2005-1204 The City of Columbia Heights is proposing these City Code amendments because staff feels that they are beneficial to the community. City staff has received numerous complaints and questions regarding duplexes and twin homes, which the City hopes these Code amendments would help alleviate. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The properlies that will be rezoned will be rezoned to a zoning classification specific to the properlies in question. Therefore, the existing use of the properlies and the zoning classifications of properly within the general area of the properly in question would be compatible. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification The trend in this case has been to construct duplexes and twin homes in predominantly single-family districts. The proposed amendments will help protect the single-family housing stock by requiring new duplexes and twin homes to obtain a Conditional Use Permit prior to construction. RECOMMENDATION: Staff recommends rezoning originally constructed duplexes to R-2B and the rest of R-2 to R-2A. Duplexes should be permitted in both R-2B and R-2A as Conditional Uses. Minimum lot size for R-2A should be 12,000 square feet. . Minimum lot sizes for R-2B should be 5,100 square feet for lots existing on January 1, 2005, or 12,000 square feet for lots established after January 1, 2005. Motion: The Planning Commission recommends that the City Council approve the text amendments outline in the attached draft ordinance, arid the rezoning of those properties pertaining to the matter. Attachments: · Draft Ordinance · Proposed Zoning Map P.130 Page 3 = I r-=11--gl'ti ~ GTYOCl'RmccY , 'T I UJJ:Jj4f] E ~I= '3 -1wClv'~ u ~+_. lJ:HI+R ~. I~ '. 1'<1 .JIEi};1filti{ij-'~~~ /..-'71 .~ I~~E ",~ d.iSII/s:::19:J::;<C)<:) :n ,IT ! '--l'-, ~ ~ &a~ ~(\(j 1 'run ~~Df_."'1 ! ~ml',',','\lt: R~ "i=J=J 'i'i~1 ~ I C3 '-' I'iT1TJ1TlIIIIIII =< = 3 >7TT1TI II _ ==l ;-< - - 1-t- i:: '~ 18= u 1 . 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I FnmityRuidentinl ~~tri:~ District B ~:;~ ~'~~: ond Two ~:;:~ =;~d;:ti,,1 n"tri" .---:'"'I R-W ~ One Il11d TW,fl Rcsidcntil'l Du~\:t ~ R.] . Multiple FlII1l~Y Rcridcntial nistrid ~ R-4. Multiple FlUJuly Commcrcilll: . . 'lieu Dirlric,t c:J LB. L~~C;:~~linm ~lst.nd = ~~ ~cncrn1 Bustncu Dutrict Mi::l:cd: MJ"cd Use District IIIIiIIIliIMXn. . InduJtrial: . , d tril1lDlstnct c:::J I. In usd trial Diltrid t::::!I-2.Inllli ~:Right'or.W"Y Non.CityLllnd: ~CityQfHilltop TOTALS: 69.24 mp.p"k, , Limits r---l WatcrFcnturn . Netty '--' N Parcel Lmes .t;lfO'lDaI~ lIJJl! ba::!.1lmu,' "~;Ular:~ft;u,dMtI:J~m:1l':~;tyCJC<'ltJ.mh/Q V01 z-mmiZ WS"I", ~1l ajll,,:; CCllUlltlS aJ:m. Imp 1:dJ!!;lI;r:ldftr ~;:;;.~"!;:.~;;;::.": "",;:;;:;;:;::~,'(,q';"W;;;:;:;,::;;;t" ~:~;;:X,";~I~; dmll:l"d t:> 1),,, CCfflm=ty DcpiJr.mmt. thfI/la.'lr;Dtr.l: ...j=V.'J~~4 r.whl"" IJu1ll OIllllopllillll ~o:r~;nt lWVlN lW~hllmllll'~ ~illi:~':~f:..~::I11IW~1fw ;nt}.m~ ::'::=:, ~;~~:~~~:~::';:E:~F.lV!gW =~~a;;g:: mOO,1 -COlf\ml~ ~~;~f'CDIW;~~:~:t ~epr.mer! ~=:~~epartment (O-lS,Dlvm~nl SiWlIlWro: Acres: %ofTotn1: 511J8 i;:~~~: 658.28 3.07% 60.24 777% l~~:~~ 1:36% 25.92 1, 12% L 13% 26.11 3 .59% 8US 21.55 .9l% HiS.61 5.02% 9.74 0.42% 5:ll.01 12..46% 69.32 2.9B% 2363.25 ~ -I r II CITY OF ~~ fRJDLEY @~ '" .mH - \ II L-L \ ~."' 1Wi( "'~, " ...' L- If !ll! :if!!; I--l COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S Other Ordinances and Resolutions LA~ Community Development APPROVAL NO: d5 ~~ j ~"" ITEM: Ordinance 1503, Zoning Text Amendmentto BY: Jeff Sargent, City Planner BY: ",,;:t . fd..' t- the GB, General Business District DATE: December 8, 2005 ~ fl~' ~~7J~,W Meeting of: December 12,2005 BACKGROUND: Atthe February 1,2005 Planning Commission meeting, the Platming Commission questioned if used car lots were an appropriate use along Central Avenue and University A venue. The Zoning Ordinance currently permits used automobile businesses in the General Business District, and prohibits used automobile businesses in the Central Business and Limited Business Districts. ANALYSIS: It is importatlt to continue to allow the sale of used cars within the city, but to allow them only as a component of a new car dealership. Staff recommends that it would be in the best interest of the city to locate all new car lots away from Central Avenue, which was also consistent with the intent of the moratorium imposed on used car lots. Staff proposes establishing a new zoning district, which replaces the GB, General Business District along University Avenue, with a district that would allow for sale of new atld used cars CGB-A, General Business-Automotive). One major change would be the requirement for a Conditional Use Permit (CUP) for any newly established new car dealership in the GB-A District. The new district would also prohibit any used car lot to be created as its own separate entity, or as part of atlY business other than a new car dealership. However, new car dealerships would be allowed to sell used cars if the used car component of the dealership consisted of no more than 30% of the total outdoor display area pertaining to for-sale vehicles. The display area would be defmed as the number of parking stalls dedicated towards the sale of vehicles, excluding the parking stalls required for off-street parking for customers atld employees. Requiring a CUP for all new car dealerships would enable the city to ensure thatthe dealership would meet all City Code requirements at the time of application, as well as continual code compliance throughout the life of the business. RECOMMENDATION: The Planning atld Zoning Commission recommends the City Council establish a 2nd Reading of Ordinance 1503, for Monday, January 9,2006, at approximately 7:00 pm in City Council Chambers. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1503, there being ample copies available to the public. Move to establish a second reading of Ordinance No. 1503, amending the text as it relates to the GB, General Business District, for Monday, January 9,2006, at approximately 7:00 pm in the City Council Chambers. Attachments: Draft Ordinance, P+Z Memo, Proposed Zoning Map COUNCIL ACTION: P.132 DRAFT ORDINANCE NO. 1503 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO THE GB, GENERAL BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 Definitions. Auto and Truck Sales Lot, Used: Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. Automobile, Used: Any secondhand, previously owned passenger vehicle, car, or truck. Chapter 9, Article I, Section 9.110 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS. (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the commercial districts shall be as specified in the following table. LB GB GB-A CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. 6,000 SQ. ft. Minimum Lot Width 50 ft. 40 ft. 40 ft. 20 ft. Minimum Lot Depth Lot area per dwelling unit Single-family dwelling 6,500 sq. ft. Multiple-family dwelling Efficiency 1,200 sa. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate living units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sa. ft. Hospital 600 sa. ft. Building Setback Requirements Nonresidential/mixed-use front yard none Residential front yard 5 ft. P.133 Front yard 15 ft. 15 ft. none Side yard 15 ft. none none none Corner side yard 10 ft. 15 ft. 15 ft. 1 ft. Rear yard 20 ft. 20 ft. 20 ft. 10 ft. Parking Setback Requirements Front yard 12 ft. 15 ft. 15 ft. 1 ft. Side yard 5 ft. 5 ft. 5 ft. none Corner side yard 12 ft. 15 ft. 15 ft. 1 ft. Rear yard 5 ft. 5 ft. 5 ft. 5 ft. Maximum Height 35 ft. 35 ft. 35 ft. Maximum Lot Coverage Floor area ratio 11.0 1.0 6.0 Chapter 9, Article I, Section 9.110 (E) of the Cohunbia Heights City Code, is proposed to include the following additions and deletions. ~9.110 COMMERCIAL DISTRICTS (E) GB, General Business 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District. a) Community Center. b) Government office. c) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. f) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. 1) }..utomo bile sales/rental. m) Banquet Hall. n) Billiards Hall. 0) Bowling Alley. p) Car wash. q) Clinic, medical or dental. r) Clinic, veterinary. s) Daycare facility, adult or child. t) Financial institution. u) Food service, convenience (fast food). v) Food service, limited (coffee shop/deli). w) Food service, full service (restaurant/nightclub). x) Funeral home. P.134 y) Greenhouse/garden center. z) Health or fitness club. aa) Hotel/motel. bb) Laboratory, medical. cc) Liquor store, off-sale. dd) Museum or gallery. ee) Office. ff) Recreational yehicle sales. gg) Retail sales. hh) Service, professional. ii) Shopping Center. jj) Studio, professional. kk) Stu.dio, radio and television. 11) Theater, live performance. mm) Theater, movie. Chapter 9, Article I, Section 9.110 (F) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS F) GB-A, General Business-Auto Oriented District 1) Purpose. The purpose of the GB-A, General Business-Automotive District is to provide appropriate locations for general retail sales, services and other commercial developments, specifically New Automobile Dealerships that benefit from their proximity to other commercial uses and University Avenue. These areas are located along University Avenue and are accessible primarily by automobile. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB-A, General Business-Automotive District. a) Community Center. b) Government office. c) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. f) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. I) Banquet Hall. P.135 m) Billiards Hall. n) Bowling Alley. 0) Car wash. p) Clinic, medical or dental. q) Clinic, veterinary. r) Daycare facility, adult or child. s) Financial institution. t) Food service, convenience (fast food). u) Food service, limited (coffee shop/deli). v) Food service, full service (restaurant/nightclub). w) Funeral home. x) Greenhouse/garden center. y) Health or fitness club. z) Hotel/motel. aa) Laboratory, medical. bb) Liquor store, off-sale. cc) Museum or gallery. dd) Office. ee) Retail sales. ff) Service, professional. gg) Shopping Center. hh) Studio, professional. ii) Studio, radio and television. jj) Theater, live performance. kk) Theater, movie 2) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB-A, General Business-Automotive District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards: a) Government maintenance facility. b) Arcade. c) Automobile sales/rental, new and used. d) Recreational vehicle sales, new or used. e) Firearms dealer/Shooting range. f) Hospital. g) Outdoor sales or display. h) Outdoor storage. i) Parking Ramp. j) Assembly, manufacturing and/or processing. k) Printing and/or publishing. I) Consignment/Secondhand store. m) Club or lodge. n) Currency exchange. P.136 0) Pawnshop. p) Drop-in facility. 3) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB-A, General Business-Automotive District: a) Private garages, parking spaces and loading areas. b) Accessory buildings. c) Landscaping and other horticultural uses. d) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does Iiot exceed 30% of the floor area of the building. e) Temporary construction buildings. f) Signs as regulated by Section 6 of this Chapter. Chapter 9, Article I, Section 9.110 (G) of the Cohunbia Heights City, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS EB (G) CBD, Central Business District Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards. (6) Automobile Sales/Rental, New and/or Used. a) The use shall be served by a major collector or higher classification or roadway. b) A used car lot shall be solely accessory to a new automobile dealership. A used car lot as a stand-alone business is prohibited. c) Outdoor vehicle display for used cars shall be limited to thirty percent (30%) of the total outdoor display area. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off-street parking spaces needed for the public and employees. d) Outdoor vehicle display areas shall meet the setback requirements for a P.137 principal structure in the zoning district in which the use is located. e) Outdoor vehicle display areas within the public right-of-way are prohibited. f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. g) Outdoor vehicle display shall be within a designated area that is hard- surfaced. h) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. i) Music or amplified sounds shall not be audible from adjacent residential properties. j) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. k) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 1) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 ,2005 Offered by: Seconded by: Roll Call: P.138 Attest: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson P.139 ORDINANCE NO. 1503 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO THE GB, GENERAL BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, shall be amended to include: ~ 9.103 Definitions. Auto and Truck Sales Lot, Used: Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. Automobile, Used: Any secondhand, previously owned passenger vehicle, car, or truck. Chapter 9, Article I, Section 9.110 (C) ofthe Columbia Heights City Code, which currently reads to wit: ~ 9.110 COMMERCIAL DISTRICTS. (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the commercial districts shall be as specified in the following table. LB GB CBD Minimum Lot Area 6,000 sq. ft. 6,000 sa. ft. Minimum Lot Width 50 ft. 40 ft. 20 ft. Minimum Lot Depth Lot area per dwelling unit Single-family dwelling 6,500 sq. ft. Multiple-family dwelling Efficiency 1,200 sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate living units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sq. ft. Hospital 600 sq. ft. Building Setback Reauirements Nonresidential/mixed-use front yard none Residential front yard 5 ft. Front yard 15 ft. none Side yard 15 ft. none none P.140 Corner side yard 10 ft. 15 ft. 1 ft. Rear yard 20 ft. 20 ft. 10 ft. Parking Setback Requirements Front yard 12 ft. 15 ft. 1 ft. Side yard 5 ft. 5 ft. none Corner side yard 12 ft. 15 ft. 1 ft. Rear yard 5 ft. 5 ft. 5 ft. Maximum Height 35 ft. 35 ft. Maximum Lot Coverage Floor area ratio 1 6 Is thereby amended to read as follows: ~ 9.110 CO:MJ.\.ffiRCIAL DISTRICTS (C) Lot dimension, height, and bulk requirements, Lot area, setback, height and lot coverage requirements for uses in the commercial districts shall be as specified in the following table: LB GB GB-A CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 50 ft. 40 ft. 40 ft. 20 ft. Minimum Lot Depth Lot area per dwelling unit Single-family dwelling 6,500 sq. ft. Multiple-family dwelling Efficiency 1,200 sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate living units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sq. ft. Hospital 600 sq. ft. Building Setback Requirements Nonresidential/mixed-use front yard none Residential front yard 5 ft. Front yard 15 ft. 15 ft. none Side yard 15 ft. none none none Comer side yard 10 ft. 15 ft. 15 ft. 1 ft. Rear yard 20 ft. 20 ft. 20 ft. 10 ft. Parking Setback Requirements Front yard 12 ft. 15 ft. 15 ft. 1 ft. Side yard 5 ft. 5 ft. 5 ft. none Corner side yard 12 ft. 15 ft. 15 ft. 1 ft. Rear yard 5 ft. 5 ft. 5 ft. 5 ft. Maximum Height 35 ft. 35 ft. 35 ft. Maximum Lot Coverage Floor area ratio 1.0 1.0 6.0 P.141 Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code, which cUlTently reads to wit: ~ 9.110 COMMERCIAL DISTRICTS (B) GB, General Business 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District. a) Community Center. b) Government office. c) Government protective service facility. d) Public parle and/or playground. e) Recreational facility, indoor. f) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. le) Automobile repair, minor. 1) . Automobile sales/rental. m) Banquet Hall. n) Billiards Hall. 0) Bowling Alley. p) Car wash. q) Clinic, medical or dental. r) Clinic, veterinary. s) Daycare facility, adult or child. t) Financial institution. u) Food service, convenience (fast food). v) Food service, limited (coffee shop/deli). w) Food service, full service (restaurant/nightclub). x) Funeral home. y) Greenhouse/garden center. z) Health or fitness club. aa) Hotel/motel. bb) Laboratory, medical. cc) Liquor store, off-sale. dd) Museum or gallery. ee) Office. ff) Recreational vehicle sales. gg) Retail sales. hh) Service, professional. P.142 ii) Shopping Center. jj) Studio, professional. Ide) Studio, radio and television. ll) Theater, live perfonnance. mm) Theater, movie. Is thereby amended to read as follows: ~ 9.110 COMMERCIAL DISTRICTS (E) GB, General Business T\ ""J Pern2itted Uses. "P"Vno'M.+ an C'I......'O'I""l~-hran lly 1;..........;+0.r1 l-.o.....e~~ ..LIL\..\..I'""'1.1" .:J ~'p\.",.,..~.1.l\..l'l1.l .U.J..lJ.ILCiU 11Ci.L -111., permitted within the GB, General Business District. a) Community Center. b) Government office. c) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. f) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. 1) Banquet Hall. m) Billiards Hall. n) Bowling Alley. 0) Car wash. p) Clinic, medical or dental. q) Clinic, veterinary. r) Daycare facility, adult or child. s) Financial institution. t) Food service, convenience (fast food). u) Food service, limited (coffee shop/deli). v) Food service, full service (restaurant/nightclub). w) Funeral home. x) Greenhouse/garden center. y) Health or fitness club. z) Hotel/motel. aa) Laboratory, medical. bb) Liquor store, off-sale. cc) Museum or gallery. dd) Office. P.143 the followhlg uses are ee) Retail sales. ff) Service, professional. gg) Shopping Center. hh) Studio, professional. ii) Studio, radio and television. jj) Theater, live performance. kk) Theater, movie. Chapter 9, Article I, Section 9.110 (F) of the Columbia Heights City Code, which currently reads to wit: ~ 9.110 COMMERCIAL DISTRICTS (F) CBD, Central Business District 1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed when located above a first floor commercial use. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District. a) Multiple-family residential, when located above a first floor commercial use. b) Community Center. c) Government offices. d) Government protective services facility. e) Public parks and/or playgrounds. f) Recreational facility, indoor. g) Recreational facility, outdoor. h) School, vocational or business. i) School, performing/visual/martial arts. j) Auditorium! place of assembly. k) Banquet hall. 1) Billiards hall. m) Bowling alley. n) Clinic, medical or dental. 0) Clinic, veterinary. p) Licensed daycare facility, adult or child. q) Financial institution. r) Food service, convenience (fast food). s) Food service, limited (coffee shop/deli). t) Food service, full service (restaurant/nightclub). u) Health or fitness center. v) Hotel or motel. P.144 w) Laboratory, medical. x) Liquor store, off-sale. y) Museum or gallery. z) Office. aa) Retail sales. bb) Service, professional. cc) Studio, professional. dd) Studio, radio or television. ee) Theater, live performance. ff) Theater, movie. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in S 9.104, Administration and Enforcement, and the regulations for specific uses set fOlih in S 9.107, Specific Development Standards: a) Government maintenance facility. b) Arcade. c) Automobile repair, minor. d) Outdoor sales and/or display. e) Outdoor storage. f) Parking ramp. g) Club or lodge. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the CBD, Central Business District: a) Private garages, parking spaces and loading areas. b) Landscaping and other horticultural uses. c) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30%'ofthe floor area. d) Temporary construction buildings. e) Signs as regulated by S 9.106. 5) Off-street parking. The CBD, Central Business District, shall be considered an off- street parking district in which off-street parking is not required for nomesidential land uses. Residential uses, including those in mixed-use buildings, shall meet the parking requirements of S 9.106. Is thereby amended to read as follows: ~ 9.110 COMMERCIAL DISTRICTS F) GB-A, General Business-Auto Oriented District P.145 1) Purpose. The purpose of the GB-A, General Business-Automotive District is to provide appropriate locations for general retail sales, services and other commercial developments, specifically New Automobile Dealerships that benefit from their proximity to other commercial uses and University Avenue. These areas are located along University Avenue and are accessible primarily by automobile. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB-A, General Business-Automotvie District. a) Community Center. b) Government office. c) Government protective service facility. ;1\ Dnhl~,.... ......n....lr "..."dfn.... 'f"'\ln-C:Tn-I"'n"'"t"lrl U) ~ UU~H", jJuu'\. UU V~ jJ~U'y 5~VUHU. e) Recreational facility, indoor. f) Recreational facility, outdoor. g) School, vocational or business. h) School, perfonning/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. 1) Banquet Hall. m) Billiards Hall. n) Bowling Alley. 0) Car wash. p) Clinic, medical or dental. q) Clinic, veterinary. r) Daycare facility, adult or child. s) Financial institution. t) Food service, convenience (fast food). u) Food service, limited (coffee shop/deli). v) Food service, full service-(restaurant/nightclub). w) Funeral home. x) Greenhouse/garden center. y) Health or fitness club. z) Hotel/motel. aa) Laboratory, medical. bb) Liquor store, off-sale. cc) Museum or gallery. dd) Office. ee) Retail sales. ff) Service, professional. gg) Shopping Center. hh) Studio, professional. ii) Studio, radio and television. jj) Theater, live performance. P.146 kk) Theater, movie 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB-A, General Business-Automotive District, subject to the regulations set forth for conditional uses in S 9.104, Administration and Enforcement, and the regulations for specific uses set fOlih in S 9.107, Specific Development Standards: a) Government maintenance facility. b) Arcade. c) Automobile sales/rental, new and used. d) Recreational vehicle sales, new or used. e) Firearms dealer/Shooting range. f) Hospital. g) Outdoor sales or display. h) Outdoor storage. i) Parking Ramp. j) Assembly, manufacturing and/or processing. k) Printing and/or publishing. 1) Consignment/Secondhand store. m) Club or lodge. n) Currency exchange. 0) Pawnshop. p) Drop-in facility. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB-A, General Business-Auto Oriented District: a) Private garages, parking spaces and loading areas. b) Accessory buildings. c) Landscaping and other horticultural uses. d) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area of the building. e) Temporary construction buildings. f) Signs as regulated by Section 6 of this Chapter. Chapter 9, Article I, Section 9.110 (G) of the Columbia Heights City shall be amended to add the following: ~ 9.110 COMMERCIAL DISTRICTS (G) CBD, Central Business District P.147 1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed when located above a first floor commercial use. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District. a) Multiple-family residential, when located above a first floor commercial use. b) Community Center. c) Government offices. d) Government protective services facility. e) Public parks and/or playgrounds. f) Recreational facility, indoor. g) Recreational facility, outdoor. h) School, vocational or business. i) School, performing/visual/martial arts. j) Auditorium! place of assembly. k) Banquet hall. 1) Billiards hall. m) Bowling alley. n) Clinic, medical or dental. 0) Clinic, veterinary. p) Licensed daycare facility, adult or child. q) Financial institution. r) Food service, convenience (fast food). s) Food service, limited (coffee shop/deli). t) Food service, full service (restaurant/nightclub). u) Health or fitness center. v) Hotel or motel. w) Laboratory, medical. x) Liquor store, off-sale. y) Museum or gallery. z) Office. aa) Retail sales. bb) Service, professional. cc) Studio, professional. dd) Studio, radio or television. ee) Theater, live performance. ff) Theater, movie. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in 9 9.104, Administration and Enforcement, and the regulations for specific uses set forth in 9 9.107, Specific Development Standards: P.148 h) Government maintenance facility. i) Arcade. j) Automobile repair, minor. k) Outdoor sales and/or display. 1) Outdoor storage. m) Parking ramp. n) Club or lodge. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the CBD, Central Business District: f) Private garages, parking spaces and loading areas. g) Landscaping and other horticultural uses. h) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. i) Temporary construction buildings. j) Signs as regulated by 99.106. 5) Off-street parking. The CBD, Central Business District, shall be considered an off- street parking district in which off-street parking is not required for nonresidential land uses. Residential uses, including those in mixed-use buildings, shall meet the parking requirements of 99.106. Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, which currently reads to wit: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses ate subject to specific development standards. (6) Automobile Sales/Rental. a) The use shall be served by a major collector or higher classification or roadway. b) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. c) Outdoor vehicle display areas within the public right-of-way are prohibited. d) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. e) Outdoor vehicle display shall be within a designated area that is hard-surfaced. P.149 f) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. g) Music or amplified sounds shall not be audible from adjacent residential properties. h) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. j) Fuel pu..rnps for the pmpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Is thereby amended to read as follows: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards. (6) Automobile Sales/Rental. a) The use shall be served by a major collector or higher classification or roadway. b) A used car lot shall be solely accessory to a new automobile dealership. A used car lot as a stand-alone business is prohibited. c) Outdoor vehicle display for used cars shall be limited to thirty percent (30%) of the total outdoor display area. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off- street parking spaces needed for the public and employees. d) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. e) Outdoor vehicle display areas within the public right-of-way are prohibited. f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. P.150 g) Outdoor vehicle display shall be within a designated area that is hard-surfaced. h) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. i) Music or amplified sounds shall not be audible from adjacent residential properties. j) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. k) ...A.Jl appropriate tra..'1sition area bet'vveen the use aIld adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 1) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tarrIes shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 , 2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk P.1Sl CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-1205 DATE: November 23, 2005 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to the GB, General Business District PREPARED BY: Jeff Sargent, City Planner BACKGROUND: At the February 1, 2005 Planning Commission meeting, the Planning Commission questioned if used car lots were an appropriate use along Central Avenue and University Avenue. The Zoning Ordinance currently permits used automobile businesses in the General Business District, and prohibits used automobile businesses in the Central Business and Limited Business Districts. Prior to any zoning ordinance amendments, the Planning Commission and staff believed it to be prudent to adopt an emergency ordinance prohibiting the expansion or establishment of motor vehicles sales and/or lease in the General Business District. On August 12, 2005, the City Council adopted the emergency ordinance. This ordinance expires on February 14, 2006, and could be renewed for up to an additional 6 months through August 14, 2006. ANALYSIS: It is important to continue to allow the sale of used cars within the city, but to allow them only as a component of a new car dealership. Staff recommends that it would be in the best interest of the city to locate all new car lots away from Central Avenue, which was also consistent with the intent of the moratorium imposed on used car lots. Staff recommends establishing a new zoning district, which replaces the GB, General Business District along University Avenue, with a district that would allow for sale of new and used cars (GB-A, General Business-Automotive). One major change would be the requirement for a Conditional Use Permit (CUP) for any newly established new car dealership in the GB-A District. The new district would also prohibit any used car lot to be created as its own separate entity, or as part of any business other than a new car dealership. However, new car dea'lerships would be allowed to sell used cars if the used car component of the dealership consisted of no more than 30% of the total outdoor display area pertaining to for-sale vehicles. The display area would be defined as the number of parking stalls dedicated towards the sale of vehicles, excluding the P.152 City of Columbia Heights Planning Commission Text Amendment, GB District November 23, 2005 Case # 2005-1205 parking stalls required for off-street parking for customers and employees. Requiring a CUP for all new car dealerships would enable the city to ensure that the dealership would meet all City Code requirements at the time of application, as well as continual code compliance throughout the life of the business. In addition to the creation of a new zoning district, new and used auto sales would be removed as a permitted or conditional use from the current GB zoning district, prohibiting a new car dealership to be established along Central Avenue. CONSISTENCY WITH COMPREHENSIVE PLAN: Two goals of the Comprehensive Plan are to "enhance the image and viability of the University Avenue corridor" and to "enhance the image and viability of the Centrai Avenue corridor". in addition, the Comprehensive Plan states, "The City will facilitate the enhancement and partial redevelopment of the University and Central Avenue corridors in a manner that is compatible with and supportive of transit and transit-related land use patterns". FINDINGS OF FACT: The City Council shall make the following findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. Two goals of the Comprehensive Plan are to "enhance the image and viability of the University A venue corridor" and to "enhance the image and viability of the Central Avenue corridor". In addition, the Comprehensive Plan states, "The City will facilitate the enhancement and parlial redevelopment of the University and Central A venue corridors in a manner that is compatible with and supporlive of transit and transit-related land use patterns". The proposed text amendments will be consistent with the intent of the Comprehensive Plan. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The City has received complaints regarding properlies used solely as used car dealerships. The proposed text amendments would benefit the public by limiting the areas in which new car lots could be located, and imposing conditions upon new car lots that are established. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The newly created zoning district, GB-A, General Business-Automotive, is specific to new car dealerships through a Conditional Use Permit. The existing P.153 Page 2 City of Columbia Heights Planning Commission Text Amendment, GB District November 23, 2005 Case # 2005-1205 use of the GB District along University Avenue and the proposed zoning classification would therefore be compatible. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The City has discovered several used car lots being established in areas that would not normally be suited for such a use, but zoned appropriately for them. The intent of the text amendments is to help alleviate these situations and estabiish a zoning district in which new car dealerships can be located. RECOMMENDATION: Staff recommends rezoning those parcels along University Avenue from GB, General Business, to GB-A, General Business-Automotive. New and used car lots will be Conditional Uses in the GB-A District and will no longer be permitted uses in the GB District. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance and approve the rezoning of those properties affected, as indicated on the attached zoning map. Attachments . Draft Ordinance . Proposed Zoning Map P.154 Page 3 (9 Acres: % of Total: 51258 22.06% 71852 30.92% 180.66 7.77% 32.55 1.36% 25.92 1.12% 26.11 IJ3% 84.95 359% 21.55 0.91% 116.62 5,02% 9.74 0.42% 522.01 22.46% 69.32 2.98% 2363.25 100.00% ~am ~ 3~~ ~ ~' .' I O~f31 ~- I:: ~,.,,",,",,:~ I:: g r ~ ClTY OF FRIDLEY ffi ~ './ A 7;';111 1 \llJ 11II , /.... \. \ I I I~I I I I J ~ ...::o~c.::";" '\. I ,- nIrTn 11'''1 eM 1[J]];m~m_lj .Ia,jffilg::~:{'~:~~ ~ ~11~lmllmml-rl.;;1 ,I~~~::?~~-"" l(! ~" ~'I_I'",H Illrtdw, r::m' ,. '~_M\'I1l\:XI[//;/'/\r;' 1"# l1li11 ~ "=1= II I ''';111 I::J~/ '_ ~ , 1-. ~ ...r:::L... H~ /,// ,p::; ~= j:: ~E=t3 ;;;; ~;y- H III IIII11 T ') ~ =. =1 >- ~ ~' '..., ~-1- ~ ;;;; 8;: "rri'fr' rTTilTll rrITm ri:i .-!-~F= ~"i- // ' . ~ z I~F ~~ ;Z2:;"~ " - :. I_IE i:;.; i I M NNEAPOLIS ,..J Cl ;:;: (V\ A TERWORKS) '"' '"' o 6 ~ _~.f >- , I~ - ~l _I~I .... _ ~J ~.~. :~, ,I I J J I Ii': I , ~;:}S" ., I. :: - :~ III :I,II~III . ~_;~IL11Ili~~:-" ~ CITY OF III'..: ;': I' 'I -'II;I;llgJ~'Dr.'~'..; . ~~'lIln~~J' ~ FRIDLEY ~ ~ I . . ,"!' ' ' , YA . ::Ill S( C l;; I: i: ... ::Ii :II a;> ~.;: I!l >'" ;::::I~'H ;"~':tl~ "~'!IOlIIII""""I(]]l:!!'IIl,,.,1 ~I~~ ~/1 ~~'~'_, -J 6 ...~, : """,' ", '/>}>~%~~ '1 ~WA ~ A ~IEE: ~ % ';77"_ __~ ~ ~ ~ /7/::?j7~ ~//~, ~A ~ ~ ~ -.:;;r I~ ~ mm 'FiJj'i-;::r" I~~/~ ~/q 1 1 ,Y~ W~ ~~ ~l ~l~ ~m ~I I~ "" -"~ - ~~C- ~~'II- t A '" ,,,,,,,,,,,-:~~::~,I:I:IP ~~I~~.:~~Ugj UE1m" ,f ~ . ''''''''! il"'FIl ! i · tIT . im illl ~ Qtyof COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT PURPOSED ZONING DISTRICT GB/ A LEGEND C Parcels to be Rezoned Zoning Designations: Residential: ~ c::J R-2 - One andTwo Family Residential District ~ R.3 . Multiple Family Residential District ~ R-4 - Multiple: Fwuily Rc:sidrur..hd DistriLt CUIlIIII~cial: [=:J LB -LirnitedBusineS5District IiI!Iil!!l CBD. Cenlrnl Business District _ GB. General Business District c::J OBI A - Gt:!ltrul Busim:ssI Automutive: Disuict Mixed: IiI!Iil!!l MXD. Mixed Use District Industrial: c:::J I - ludustrial District c:J 1-2 - Industrial District Public: ~ Right.or.way NUll-City Laud: ~ City ofHilltop TOTALS: IZZI p. Parks ~ WnterFealures 69.24 N Parcel Lines NCity Limits L.egeMdOltl'Dlcarrlarl,2O'J5 Dw:Julml!r; 11le ;;J:;nm.g .D.;SlgnatlOns foun:!. all !}IlS map are a graplllcal representatIon afthe cxm12ntsofth2 Cj~ ofCclumblu He/ght:: ZJnlng o-dmwu:e. Tl11S edItIon afthl:; map l.Tdc:;rglledfor rhe purposes ofet/I!lllg alld correctlon. AJlq=Ut)fl;; WIll..Cmlrlg Ihl! ':lJIlIIW Ul.IfI.ihuuld b" Jlr~ctLd tv rhe Cbmnlllmty I:evelaprrll:m Departmrll!. Ordl1uW:/J Dal/J: AI/gila 12, J974 R..noj~:mD,]I#; JQ1W.V)JJO,I/)/)/ Rmlflcll DaUl; 1/200J - Ccmmlllll!Y D/Jv,/cpnunJ. DrpGtT1Il/JrU. R.nUlf &n~cll DaUl; ]/200/ - Bnpnunng D'par~nt&,",m R..n;mm Dab;; J/200/ - Mm Pan:/J/ Qlwrali' R.vj~cn DaUl: J/2000- CcII/Jnl//lU)' !Jrv,lcpnqrU. DrpGl1m'rU. RRlUlf 11I\1lt1ClI Doh: J/2001 - C:muml1lll)1 Drwlcpl1ltull. A1partRJurll JIm-if SOUl'C:CS: CityofColumbinHeighcso ConununityDc:velopnu:ntDepllrima1t Engineering DepBrtmat (O.I.S.Diviiioo) l5Ignature: N 1\fnp Compilation f)aie: J.\'larch3,1998 J\fap Upd,lte Dat~: AugU:il ~-L ~OU5 1 inch equals 1,083 feet o 390 780 1,560 lii.~",,~-, 'r""""'__.......4i~"""""'",~m~""'II..~ Feet CITY COUNCIL LETTER AGENDA SECTION: ITEMS FOR ORIGINATING DEPT: CITY MANAGER CONSIDERATION FINANCE APPROV AL NO: Ie l ITEM: RESOLUTION RECLASSIFYING AND BY: WILLIAM ELRITE BY~k- DESIGNATING FUND BALANCES FOR A I;t. I' v'/i"?L---- COMMUNITY CENTER AND RESOLUTION DESIGNATING FUNDS FOR SHEFFIELD DATE: DECEMBER 2, 2005 REDEVELOPMENT AND COMMUNITY DEVELOPMENT STAFFING NO: MEETING OF: DECEMBER 12. 2005 During the 2006 budget review process the City Council discussed designating specific funding for a community center from various undesignated fund balances. There were also discussions related to designating the 2004 increase to the General Fund fund balance and a portion of the projected 2005 increase to the General Fund fund balance to redevelopment in the Sheffield/Heritage Heights area as well as designating the excess building permit and development fee revenues to fund the additional community development position that was filled on September 12, 2005. Attached is a spreadsheet showing the status of fund balances in the City as of December 31, 2004. Also attached is a memo from the Finance Director dated June 24,2005 explaining the $716,000 increase to the General Fund fund balance. In addition to this, it is projected that for 2005 we will have an increase to the General Fund fund balance in excess of $200,000. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-97 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-97 being a resolution reclassifying and designating fund balances for a community center. RECOMI\1ENDED MOTION: Move to waive the reading of Resolution 2005-98 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-98 being a resolution designating funds for Sheffield/Heritage Heights Redevelopment and Community Development staffing. WE:sms 0512023COUNCIL Attachments TnT120505.pdf 0506241CM.pdf Res2005-97.pdf Res2005-98.pdf COUNCIL ACTION: P.156 RESOLUTION NO. 2005-97 RESOLUTION RECLASSIFYING AND DESIGNATING FUND BALANCES FOR A COMMUNITY CENTER WHEREAS, the City of Columbia Heights has accumulated fund balances in the General Fund, special revenue funds, and capital funds for the purpose of umding ulture expenditures; and WHEREAS, the City Council has determined that there is a need for a cOlmnunity center in Columbia Heights; and WHEREAS, it is the intent ofthe City Council to provide umding for a cOlmnunity center: NOW, THEREFORE, BE IT RESOLVED that a COlmnunity Center Capital Building fhnd be established and funds be transfened fi..om the following funds to the COlmnunity Center Capital Building fund effective January 1, 2006. From Amount Capital Equipment TV Fund Liquor Fund Four-Cities Bond Fund Capital Improvement General Government Buildings Fund Capital Improvement Parks Fund Insurance Fund Flexible Benefit Tmst Fund 250,000 500,000 90,000 1,800,000 500,000 735,000 25.000 $3,900,000 NOW, THEREFORE, BE IT FURTHER RESOLVED that the fund balance in the newly established COlmnutlity Center Capital Building fund be appropliated for expenses related to a cOlmnunity center. Passed this day of ,2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk P.157 City of Columbia Heights 12/31/2004 Fund Balance Analysis Restriction Designated Note Fund Balance for Working Cash Cash Fund Fund Description PerCAFR Capital Balance Available 1 101 General Fund 4,140,110 3,743,344 3,895,759 152,415 1 201 Communitv Development Fund 111 ,354 123,825 123,825 1 204 Economic Development Auth 78,049 118,581 118,581 1 225 Cable Television 12,296 - - 1 226 Special Proiect Revenue 36,995 61,164 61,164 1 235 Rental Housina 53,290 52,874 52,874 1 240 Library 15,845 12,585 44,606 32,021 1 609 Liquor 3,292,927 1,500,000 2,053,045 553,045 !~!'lt?~~{ti!m~~~~!liltil~.!~t~Mi li~l(~ri~ll~~~ ~~~w~~!~glj ~~~4it~~l!1 ~.1trO:f!~I~p},~ 2 270 DARE Project 27,185 27,475 27,475 2 390 4 Cities Bonds 694,283 93,167 93,167 2 401 Capital Improvements 35,748 36,748 36,748 2 410 Sheffield Redevelopment 213,133 213,133 213,133 2 411 Capital Imp General Gov Bldas 3,373,534 3,347,694 3,347,694 2 420 Capital Improvement Development 1,506,010 198,745 198,745 2 430 Infrastructure Fund 144,598 51,463 51,463 2 431 Capital Eo Replacement-General 4,759,114 4,722,490 4,722,490 2 434 Capital Eq Replacement-Garaae 34,490 34,238 34,238 2 436 Capital Eq Replacement-Liquor 28,695 28,473 28,473 2 437 Capital Eq Replacement-Data Pro 29,305 29,078 29,078 2 450 Capital Buildinq Librarv 200,000 198,397 198,397 2 701 Central Garaae 366,817 271,827 271,827 2 720 Data Processina 636,333 722,557 722,557 2 881 Contributed Proiects-Recreation 124,130 124,130 124,130 2 883 Contributed Projects-General 23,622 23,622 23,622 2 884 Insurance 1,113,343 1,026,082 1,026,082 2 887 Flex Benefit Fund 41 ,243 46,953 46,953 Total City Council Control Restrictions 13,351,583 0 11,196,272 11,196,272 3 213 Parkview Villa South 125,622 168,377 168,377 3 265 Confiscated/F orfeited Property 14,337 14,337 14,337 3 412 Capital Improvement Parks 1,013,178 955,595 955,595 3 414 Capital Improvements PVVS 25,544 19,922 19,922 3 415 Capital Improvement PIR 87,765 193,509 193,509 3 432 Capital Eq Replacement-Sewer 490,828 487,060 487,060 3 433 Capital Eq Replacement-Water 373,027 10,129 10,129 3 438 Capital Eq Replacement-Storm Sewer 25,051 607 607 3 439 Capital Eq Replacement-Fire 351,624 347,379 347,379 3 440 Capital Eq Cable TV 317,479 292,702 292,702 3 601 Water Utilitv 4,267,407 210,526 210;526 3 602 Sewer Utilitv 4,097,574 229,439 229,439 3 603 Refuse Fund 436,780 187,101 187,101 3 604 Storm Sewer Fund 1,086,531 376 376 3 631 Water Fund Debt Service (1,400,824\ 251,077 251,077 P.ISS City of Columbia Heights 12/31/2004 Fund Balance Analysis Restriction Designated Note Fund Balance for Working Cash Cash Fund Fund Description Per CAFR Capital Balance Available 3 632 Sewer Fund Debt Service (20,647 5,236 5,236 3 643 Storm Sewer Fund Debt Service (727,517 116,680 116,680 3 651 Water Construction Fund (520,590 - - 3 652 Sewer Construction Fund 942,594 140,701 140,701 3 653 Storm Sewer Construction Fund 179,720 1,803 1,803 3 890 Compensated Absences 16,658 599,624 599,624 3 212/402 State Aid Maintenance/Constr (136,821 - 3 290/405 Downtown Parking Ramp Maint 228,183 227,572 227,572 1l~~1 ~iEg~lf!lt~lIl~~~!e$tr~tfIfiY~~~\;~ ~~~~11!~Zf~(~ ~~Y~~J ~~~I~ .1l~~71~~ 4 202 Anoka County CDBG (29,636 - 4 203 Parkview Villa North 507,830 590,467 590,467 4 250 CHASE 53,579 53,076 53,076 4 261 Twentv-First CenturY Grant 14,348 12,317 12,317 4 276 Local Law Enforce Block Grant 3,464 3,365 3,365 4 299 Business Revolvina Loan Fund 369,999 306,217 306,217 4 350 GO Tax Incr Refundina Bonds 2004A 35,435 35,432 35,432 4 370/379 TIF: Scattered Site HousinQ 10,132 17,033 17,033 4 376 Tax Increment Bonds 118,243 81,260 81,260 4 377 Sheffield TIF Redevelopment (434,473) 34,358 34,358 4 378 TIF: Medtronics 277 ,236 275,562 275,562 4 382 Capital Appreciation Bonds 1990 2,683,997 2,666,721 2,666,721 4 385 Multi-Use Redevelopment Plan (36,096) - - 4 386/407 TIF: District #2 (2,296) - - 4 387 GO Improvement Bonds 1999A 584,944 580,737 580,737 4 388 GO Improvmnt/Revenue Bonds 2003A 342,121 342,121 342,121 4 389 TIF: R8: Transition Block Redev 57,325 57,227 57,227 4 880 Permit Surcharae Fund - 91,163 91,163 4 885 Escrow Fund - 35,874 35,874 TOTAL FUNDS 36,922,104 5,255,929 27,188,808 21,932,879 Note: Some available fund balances may have limitations on them by the nature of the fund. For example, Street State Aid Funds can only be used for those streets eligible for State Aid. Other similar restrictions apply to some of the other funds. These funds are at the discretion of the Council with no restrictions. 2 These funds have some restrictions but most of these are controlled by the Council. [I These funds have some outside restrictions and the Council's use of these funds is limited. I These funds have rigid restrictions by outside sources limiting their use to specific purposes. P.159 RESOLUTION NO. 2005-98 RESOLUTION DESIGNATING FUNDS FOR SHEFFIELD REDEVELOPMENT AND COMMUNITY DEVELOPMENT STAFFING WHEREAS, the City Council of the City of Columbia Heights encourages and supports redevelopment of the city; and WHEREAS, the City Council has detennined a need for redevelopment in the Sheffield!Heritage Heights neighborhood; and WHEREAS, the General Fund fund balance increased in 2004 by $716,878 due to increased revenue and under expending; and WHEREAS, it is projected that the General Fund fund balance will increase by over $200,000 in 2005; and WHEREAS, the City Council is committed to redevelopment in the SheffieldlHeritage Heights neighborhood and to providing staffing for ongoing redevelopment: NOW, THEREFORE, BE IT RESOLVED that $180,000 be transfelTed from the General Fund undesignated fund balance to fund 420 Capital Improvements Community Development for the ongoing funding ofthe Community Development Specialist and $700,000 be transferred to fund 410 Sheffield/Heritage Heights Development for ongoing redevelopment in the Sheffield/Heritage Heights neighborhood. Passed this day of ,2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk P.160 CITY OF COLUMBIA HEIGHTS DATE: JUNE 24, 2005 TO: WALT FEHST CITY MANAGER FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: 2004 YEAR-END RESULTS (page 1 of2) Attached is a copy of our 2004 Comprehensive Annual Financial Rep01i. 2004 was a very trying year as the City lost $352,096 in local government aid and faced the potential of losing an additional $880,000 in local government aid in the ulture. However, under your leadership and guidance, division and department heads put f01ih every eff01i to curtail all non-essential operating expenses, implemented a hiring u-eeze, and a freeze on out of town travel, conferences, and training activities. Although this was a considerable hardship on all staff, it brought 2004 to a close with some record savings. First, on the revenue side, revenue for 2004 was up by $294,631 over the budget. One of the three primary areas where we saw significant revenue increases over the budgeted amount was in license and pennits by $183,219. In the area of police fines, revenue exceeded budget by $55,282. Investment earnings were up by $22,372. The remaining increase of $33,758 in revenue was attributable to small increases in several other revenue line items. On the expense side, the freeze on filling personnel vacancies caused some setback in services and a burden on other staff but resulted in a direct savings to the budget of $331,406. This combined with the contingency savings of $97,820 resulted in a total under-budget for personnel of $429,226. One time, at the peale of the freeze, the City was operating with 15 positions either eliIninated or not filled. In addition to this, the freeze on training, conferences, out of town travel, and reducing other purchases amounted to $35,149. The net result of this, a $294,631 increase in revenue combined with a $464,375 reduction in expenditures resulted in a one-time increase to fund balance of $716,878. I reference this as a one-time increase as there were several occurrences in 2004 that are not likely to repeat. In 2005 we should TUn closer to the actual budget by year-end as the hiring freeze has been lifted and virtually all budgeted positions have been filled or are in the process of being filled. In addition to this, the freeze on training, conferences, and seminars has been removed, and we did not include a contingency budget in 2005. With all of this, it is safe to project that 2005 will see a very minor increase in fund balance. In smmnary, there are two remaining points. First, this increase to the General fund balance brings our reserves closer to the 50% ratio of reserves to budget that Moody's had recommended we establish in order to obtain a better consideration for improving our bond rating. The second P.161 Page Two item is that I separately submitted a memo to you recOlmnendillg consideration of dedicating the additional permit revenue to om Capital Development fund to help insme that there are adequate funds for staffing to insure the continued development and redevelopment of the City. The [mal note is that we have tentatively scheduled Monday, August 1, as the date for the auditors to meet with the City Council to review the Audit Management Letter and Comprehensive Annual Financial Report. In planning this, it would be nice if the council made a decision whether they want the auditor to provide an overview of the report, which would take approximately one hour, or if they want a detailed page-by-page analysis that would take 4-6 hours. In the past there have been various desires regarding the depth of the review that the auditor should provide. It would be beneficial if we could let the auditor know up front the depth ofthe review that the majority ofthe council would like. Thank you. WE:sms 0506241ADM P.162 CITY COUNCIL LETTER AGENDA SECTION: ITEMS FOR CONSIDERATION NO: I C l- ITEM: BEING A RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2006, SETTING THE CITY LEVY, APPROVING THE HRA LEVY, AND CANCELLING THE SCHEDULED BOND LEVY NO: MEETING OF: DECEMBER 12, 2005 ORIGINATING DEPT: CITY MANAGER FINANCE APPROVAL BY: WILLIAM ELRITE LA/tt./..-- DATE: DECEMBER 2,2005 On December 5,2005 the City Council held a Truth in Taxation budget hearing. At the hearing staff presented a more detailed presentation to residents regarding the proposed budget and the effect it would have on various departments. The attached resolution is a result of the infoffilation provided in the City Manager's proposed budget as discussed with the City Council at various work sessions and as presented at the Truth in Taxation hearing. The resolution that the City Council adopted on September 12, 2005 setting a proposed budget and proposed levy included contingency budget of $110,791 in the General Fund and $4,877 in the Library Fund for potential add-backs. This was part of the City Manager's recommended levy. The attached resolution also includes a paragraph indicating that the City has adequate funds to make all bond payments in 2006 and that a bond levy is not required. This paragraph is required by the County of Anoka to be included in our resolution simply as clarification that we do have adequate bond funding. The proposed budget resolution includes three add-backs to the budget and one correction for a Public Works position that was inadvertently deleted from the budget document. The add-backs amount to $20,110 for the Library to add back supplies, programs, and building improvements that have been deleted from the Library budget over the last five years. The second add-back is for $9,000 in the Fire Department to restore the weekend paid, on-call, Sleep-in Program. The third add-back is the 25th officer in the Police Department to be assigned to the Anoka-Hennepin County Narcotics Task Force. The final item is a correction in the Public Works budget. The budget submitted by Public Works reduced the Maintenance III position to a regular maintenance employee, which is a cost savings of approximately $8,000 per year. In assembling the budget document, the Maintenance III position was removed but not replaced with a regular maintenance worker. The total cost of these add-backs is $115,547. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-96 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-96 being a resolution adopting a budget for 2006, setting the City, Library and EDA levy at $6,347,537 and approving the HRA levy of$161,366. WE:sms 0512021 COUNCIL Attachment Resolution200S-96.p df I COUNCIL ACTION: Addbacks.pdf P.163 RESOLUTION 2005-96 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2006, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2006 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library Expense 8,410,751 815,185 246,331 123,161 204,228 656,631 DARE Project 5,375 156,932 2,365,000 277,861 1,615,000 524,014 6,804,682 6,212,361 2,068,862 1,548,249 1,377,165 312,544 268,840 2,060,496 36,053,668 Infrastructure Capital Improvement Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt SeNice Fund Total Expense Including Interfund Transfers Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2006: General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvements Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt SeNice Fund P. 1 64 Total Revenue Including Interfuna I ransfers Revenue 8,410,751 815,185 246,331 123,161 204,228 656,631 5,375 156,932 2,365,000 277,861 1,615,000 524,014 6,804,682 6,212,361 2,068,862 1,548,249 1,377,165 312,544 268,840 2,060,496 36,053,668 RESOLUTION 2005-96 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2006, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. Section C. The following sums of money are levied for the current year, collectable in 2006, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 5,784,253 Estimated Library Levy 478,319 Estimated EDA Fund Levy Total 84,965 6,347,537 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2006 in the amount of $161,366. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2006 that is higher than the tax rate calculated for the city for taxes levied in 2004, collectable in 2005. BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2006 Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in 2006. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this ------------------- day of ----------------- Offered By: Seconded By: RollCall: Ayes: Nays: Mayor Gary Peterson Patricia Muscovitz, Deputy City Clerk, CMC P.165 City of Columbia Heights Budget Cuts and Add Backs Prepared 11/16/2005 Summary of add backs Li bra r rams and Bid 1m rovements 20,110 I Fire Deoartment Paid on Call Sleep In program. To cover during peak times when additional help is needed. 9,000 Police Department 25th Officer (Anoka Hennepin Cty Narcotics Task Force) The cost is based on filling the I position March 1, 2006 51,570 Public Works Reduce one vacant Maintenance III position to a regular maintenance employee. The cost is based on filling the position April 1, 2006. Note: This was intended to be included in the regular budget. However, do to a clerical error the reduced cost was not included in the budget. This reduction saves over $8,000 per vear. 34,868 Total Add Backs Contingency budget for add backs General Fund Library Fund Total Bud eted Contin Unused Contin enc 115,548 110,791 4,877 115,668 120 P.166 7,500,000 6,500,000 5,500,000 4,500,000 ;0 I-' 0\ '-l 3,500,000 2,500,000 1,500,000 500,000 LGA and Tax Levy History [~ . LGA 0 Tax Levy I 2003 2004 2005 2006 2003 2004 2005 2006 -- LGA 2,651,999 1,603,203 1,058,473 1,028,487 -- Tax Levy 4,817,984 5,447,260 6,102,537 6,347 ,5~17 Total 7,469,983 7,050,463 7,161,010 7 ,376,0~~4 -- 13 ~ ,..... 0\ 00 14 Total Tax Supported Budgets Genleral Fund, Library Fund, EDA Fund 9,700,000 9,450,000 9,200,000 8,950,000 8,700,000 8,450,000 8,200,000 7,950,000 , , ,...---... . . - , . " 2003 2004 2005 2006 2007 ~ f-' 0\ \0 . Cost Savings from 2003 to 2007 Total tax (Reduction) suppported I or Increase Year General Fund Library EDA !.evy budgets to budget Budget History . Budget Prior to LGA Cuts 2003 8,899,512 679,700 140,:569 9,719,781 Adopted Budget reduced from 2003 2004 8,232,617 631 ,271 84 ~!965 8,948,853 (770,928) Adopted 2005 budget 2005 8,318,543 636,521 84,B65 9,040,029 91,176 Proposed 2006 budget 2006 8,426,104 636,521 84,B65 9,147,590 107,561 Implement a 3 % budget increase 2007 8,678,887 655,617 87,514 9,422,018 274,428 Net budget reduction over 4 years Projected 2007 Budget compared to 2003 Budget (297,763) I 15