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HomeMy WebLinkAboutOctober 9, 2006 Regular590 40th Avenue N.E.. Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 Visit Our Website at: www.ci.cohunbia- heights.nut.us ADMINISTRATION Mayor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg City Mangier Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, October 9, 2006 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, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763 -706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Bob Lyndes, Crest View Senior Community 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) != 9 Z114 fi► E"I li [IJZM 9 11-101.1 of09 W411 Y to) ZM9 1 0 A) Proclamations 1) October 2006 Polish- American Heritage Month 2) Toastmasters Month- 82nd Anniversary B) Presentations - none C) Introduction of New Employees - none D) Recognition/Information 1) Sister City Committee — Lomianki Children's Hospital Fundraiser, Dorothy Penate 2) Recreation Department — Activity Fund donations, Keith Windschid & Liz Bray 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council meeting minutes a) MOTION: Move to approve the minutes of the September 25, 2006 regular City Council meeting as presented. b) MOTION: Move to approve the minutes of the October 2, 2006 Huset Parkway Street Improvement Special Assessment Levy Hearing c) MOTION: Move to approve the minutes of the October 2, 2006 Zone 1 A Seal Coating Special Assessment Levy Hearing d) MOTION: Move to approve the minutes of the October 2, 2006 Zone 7B and I Street Rehabilitation Special Assessment Levy Hearing City Council Agenda October 9, 2006 Page 2 of 6 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept the minutes of the September 5, 2006 Library Board of Trustees meeting. b) MOTION: Accept the minutes of the October 3, 2006 Planning and Zoning Commission meeting. 3) Establish Work Session meeting date for Monday, October 16, 2006, beginning at 7:00 p.m. in Conference Room 1. MOTION: Move to establish a Work Session meeting date for Monday, October 16, 2006 beginning at 7:00 p.m. in Conference Room 1. 4) Approval of premises permit application Class B for Boosters to conduct charitable ag mbling MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for the Columbia Heights Athletic boosters Club in conjunction with activities at Star Central, 4005 Central Avenue NE, Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty -day notice to the local governing body 5) Adopt Resolution No. 2006 -174, being a Resolution ordering - preparation of Feasibility Report for Zones 1 B, 2 and 3 Street Rehabilitation Program MOTION: Move to waive the reading of Resolution No. 2006 -174, there being ample copies available for the public. MOTION: Motion: Move to adopt Resolution No. 2006 -174, being a Resolution ordering the preparation of a Feasibility Report for Zones 1B, 2 and 3 Street Rehabilitation Program. 6) Adopt Resolution No. 2006 -175, being a Resolution ordering preparation of Feasibility Report for Zone 7 Seal Coat Program MOTION: Move to waive the reading of Resolution No. 2006 -175, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 2006- 175, being a Resolution ordering the preparation of a Feasibility Report for Zone 7 Seal Coat Street Rehabilitation Program, Project #0701. 7) Approve Final Payment for Seal Coat Project #0601 MOTION: Move to accept the work for 2006 Seal Coat, City Project #0601 and, authorize final payment of $2,466.40 to Allied Blacktop company of Maple Grove, Minnesota. 8) Award of floor coating for main garage floor of Municipal Service Center MOTION: Move to award the garage floor coating project to the Doctor Floorcoat Company in the amount of $25,080.00 based upon their low qualified responsible bid with funds to be appropriated from 701 - 49950 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 9) Adopt Resolutions, levying the assessments for miscellaneous projects and delinquent utility accounts. MOTION: Move to waive the reading of Resolutions No. 2006 -191, 2006 -171, 2006 -172, and 2006- 173 there being ample copies available to the public. MOTION: Move to adopt Resolution 2006 -191 being a resolution to Certify Petition and Waiver Assessments, Resolution 2006 -171 being a resolution for Assessment for Abatements Project No. 2006 -SP -49 -002, Resolution 2006 -172 being a resolution for Assessment for Abatements Project City Council Agenda October 9, 2006 Page 3 of 6 No. 2006 -SP -49 -001, and Resolution 2006 -173 being a resolution for Certification of Delinquent Utility and Miscellaneous Charges certifying assessments to Anoka County for collection with the property taxes payable in 2007. 10) Approve the items listed for rental housing license applications for October 9, 2006 MOTION: Move to approve the items listed for rental housing license applications for October 9, 2006. 11) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 9, 2006 as presented. 12) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118710 through 118899 in the amount of $992,873.31. 6. PUBLIC HEARINGS A) Adopt Ordinance No. 1514, being an Ordinance providing for the issuance and sale of approximately $4,430,000 General Obligation Improvement/Utility Revenue Bonds, Series 2006A MOTION: Move to waive the reading of Ordinance No. 1514, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1514 being an ordinance providing for the issuance and sale of approximately $4,430,000 in General Obligation Improvement and Utility Revenue Bonds, Series 2006A. B) Adopt Ordinance No. 1512, being an Ordinance changing the street name of sections of 39th Avenue and Jefferson Street to Huset Parkway and changing the street name of Madison Place to Jefferson Street MOTION: Move to waive the reading of Ordinance No. 1512, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1512, being an Ordinance changing the street name of 39th Avenue from 5th Street to Jefferson Street from 39th Avenue to 40th Avenue to Huset Parkway and changing the street name of Madison Place to Jefferson Street. C) Adopt Emergency Ordinance No. 1518, being an interim Ordinance protecting the planning process and regulating Class "A" Liquor Licenses. MOTION: Move to waive the reading of Emergency Ordinance No. 1518, there being ample copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1518, being an Interim Ordinance for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating establishments requiring a Class "A" liquor license in the city. D) Adopt Resolution No. 2006 -176, being a Resolution for Rental Housing License Revocation at 4905 5th Street MOTION: Move to waive the reading of Resolution No. 2006 -176, there being ample copies available to the public. City Council Agenda October 9, 2006 Page 4 of 6 MOTION: Move to adopt Resolution No. 2006 -176, 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 As- Siddiq Enterprises regarding rental property at 4905 5th Street N.E. E) 3t Resolution No. 2006 -177, being a MOTION: Move to waive the reading of Resolution No. 2006 -177, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -177, 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 Bob Landucci regarding rental property at 3810 -12 3rd Street N.E. F) Adopt Resolution No. 2006 -178, being a Resolution for abatement of violations at 4148 Quincy Avenue MOTION: Move to waive the reading of Resolution No. 2006 -178, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -178, a resolution of the City Council of the City of Columbia Heights declaring the property at 4148 Quincy Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. G) Adopt Resolution No. 2006 -179, being a Resolution for abatement of violations at 1611 37th Avenue MOTION: Move to waive the reading of Resolution No. 2007 -179, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -179, a resolution of the City Council of the City of Columbia Heights declaring the property at 1611 37th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. H) Adopt Resolution No. 2006 -180, being a Resolution for abatement of violations at 3717 Reservoir Boulevard MOTION: Move to waive the reading of Resolution No. 2006 -180, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -180, a resolution of the City Council of the City of Columbia Heights declaring the property at 3717 Reservoir Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. I) Adopt Resolution No. 2006 -181, being a Resolution for abatement of violations at 3828 Quinces MOTION: Move to waive the reading of Resolution No. 2006 -181, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -181, a resolution of the City Council of the City of Columbia Heights declaring the property at 3828 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. J) Adopt Resolution No. 2006 -182, being a Resolution for abatement of violations at 3931 Jackson Street MOTION: Move to waive the reading of Resolution No. 2006 -182, there being ample copies available to the public. City Council Agenda October 9, 2006 Page 5 of 6 MOTION: Move to adopt Resolution No. 2006 -182, a resolution of the City Council of the City of Columbia Heights declaring the property at 3931 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. K) Adopt Resolution No. 2006 -183, being a Resolution for abatement of violations at 4006 4th Street MOTION: Move to waive the reading of Resolution No. 2006 -183, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -183, a resolution of the City Council of the City of Columbia Heights declaring the property at 4006 4th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. L) Adopt Resolution No. 2006 -184, being a Resolution for abatement of violations at 4064 Reservoir Boulevard MOTION: Move to waive the reading of Resolution No. 2006 -184, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -184, a resolution of the City Council of the City of Columbia Heights declaring the property at 4064 Reservoir Boulevard N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. M) Adopt Resolution No. 2006 -185, being a Resolution for abatement of violations at 4108 Quincy Street MOTION: Move to waive the reading of Resolution No. 2006 -185, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -185, a resolution of the City Council of the City of Columbia Heights declaring the property at 4108 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. N) Adopt Resolution No. 2006 -186, being a Resolution for abatement of violations at 4409 Van Buren Street MOTION: Move to waive the reading of Resolution No. 2006 -186, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -186, a resolution of the City Council of the City of Columbia Heights declaring the property at 4409 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. O) Adopt Resolution No. 2006 -188, being a Resolution for abatement of violations at 4949 Jackson Street MOTION: Move to waive the reading of Resolution No. 2006 -188, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006 -188, a resolution of the City Council of the City of Columbia Heights declaring the property at 4949 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First reading of Ordinance No. 1515, ZoningL Amendment as it relates to the GB, General Business District and Auto Lots City Council Agenda October 9, 2006 Page 6 of 6 MOTION: Move to waive the reading of Ordinance No. 1515, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1515 for Monday, October 23, 2006 at approximately 7:00 p.m. in the City Council Chambers. 2) First reading of Ordinance No. 1516, Zoning Amendment as it relates to Correctional Residential Care Facilities MOTION: Move to waive the reading of Ordinance No. 1516, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1516 for Monday, October 23, 2006 at approximately 7:00 p.m. in the City Council Chambers. 3) First reading of Ordinance No. 1517, Zoning Amendment as it relates to Swimming Pools and Portable Pools MOTION: Move to waive the reading of Ordinance No. 1517, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1517 for Monday, October 23, 2006 at approximately 7:00 p.m. in the City Council Chambers. B) Bid Considerations -none C) Other Business 1) Allocate additional funds for Charter Commission dissemination of information on ballot issue. MOTION: Move to allocate $2,500 maximum in additional funds for the Charter Commission for their process of disseminating information on the ballot issue of dividing the city into four wards and adding two additional councilmembers. The additional funds would be used to mail residents a one- time informational sheet on the issue, and to place one one - quarter page display ad during October. 2) Authorize additional financial assistance for property assessments related to street rehab MOTION: Move to authorize additional financial assistance for property assessments related to the City Street Rehabilitation Program administered through GMAC, with funding in 2006 from the Water Tower Antenna fund. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, 6ty Manager WF /pvm LIFFAIM PROCLAMATION OCTOBER - 2 0 0 6 - POLISH - AMERICAN HERITAGE MONTH WHEREAS, October is Polish - American Heritage Month, a national celebration of Polish Heritage. The Polish American Heritage Month Committee, founded in Philadelphia, Pennsylvania, to bring attention to the contributions of Poles and Polish Americans to the United States and world history, is celebrating their Twenty -Fifth Anniversary. In 2006, Poland is observing the 215th Anniversary of their Constitution. WHEREAS, the City of Columbia Heights has many residents who take pride in their Polish heritage and traditions. WHEREAS, our Columbia Heights, MN /Lomianki, Poland, Sister Cities International, Committee is observing their Fifteenth Anniversary of this special and unique relationship. This year one of our new city streets has been named Lomianki Lane. WHEREAS, we are proud of the accomplishments of our members who have diligently worked on many successful civic, educational, cultural and humanitarian activities during these fifteen years. We have had representatives at past Global Conferences, including the 50th Anniversary of Sister Cities in Washington, DC, in July 2006. WHEREAS, special activities this month include: Benefit Dinner, Silent Auction, and International Shop on October 15th for the Children's Hospital in Lomianki; donation of Sister Cities International's 501h Anniversary Book to the Columbia Heights Public Library; informative displays at the Library and showcases at City Hall and Murzyn Hall; and presentation of appreciation plaques to several organizations and businesses as recognition for their past and current cooperation. WHEREAS, visits and travels to Lomianki and other areas of Poland have enhanced our appreciation of Polish history and culture. Our bonds of international friendship with Lomianki are strengthened by sharing mutual ideals of Pride, Patriotism and Peace. NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary L. Peterson, Mayor of the City of Columbia Heights, Minnesota, do hereby designate October as: POLISH AMERICAN HERITAGE MONTH in Columbia Heights, Minnesota Mayor Gary L. Peterson Whereas, The vision of the Toastmasters International organization is to empower people to achieve their full potential and realize their dreams; and Whereas, Toastmasters International is the world's leading organization devoted to communication, public speaking and leadership skills, and has over 211,000 members in 90 countries; and Whereas, Since the Toastmasters organization began in 1924, more than four million men and women have benefited from its communication and leadership programs; and Whereas, Members of Toastmasters benefit from improved communication skills, constructive evaluations, better meeting facilitation skills, leadership skills, and increased self - confidence as an added dividend; and Whereas, The mission of a Toastmasters club is to provide a mutually supportive and positive learning environment in which every member has the opportunity to develop communication and leadership skills, which in turn foster self - confidence and personal growth; and Now, Therefore, I, Gary L. Peterson, Mayor of the City of Columbia Heights do hereby proclaim October 2006 as Toastmasters Month in the City of Columbia Heights I call upon all citizens to join us in celebrating the 82nd anniversary of Toastmasters International. Mayor Gary L. Peterson OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS THESE MINUTES HAVE CITY COUNCIL MEETING NOT BEEN APPROVED, SEPTEMBER 25, 2006 CALL TO ORDER/ROLL CALL /INVOCATION Rev. Dave Briley, Oak Hill Baptist, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Mayor Peterson removed items for rental revocation of 4639 Washington and abatement of 4559 Washington Street, as they have come into compliance. PROCLAMATIONS PRESENTATIONS RECOGNITIONS AND GUESTS Proclamation - October 14`h 2006 as Columbia Park Medical Group Day Mayor Peterson read the Proclamation and presented it to Dr. Roman Zownirowycz, Facility Medical Director and Holly James, Clinic Manager. Dr. Zownirowycz thanked the Council for this opportunity and stated his pleasure to be part of this community. Mayor Peterson stated our pride to have them in the City of Columbia Heights. Introduction of New Employees - Dana Weigman, Adult Services Librarian Becky Loader, Library Director introduced Dana Weigman. She listed her background and stated that Dana worked for the Library for the past two years as a supervisor. Ms. Weigman stated her pleasure to work for the City of Columbia Heights. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda. 1) Approve City Council Meeting Minutes for September 2006 regular and Canvas City Council meetings Motion to approve the minutes of the September 11, 2006 regular City Council meeting as presented. Nawrocki corrected page #31 — Northstar project, should indicate it was the Anoka County portion of the Northstar budget. Motion to approve the minutes of the September 15, 2006 Primary Canvas City Council meeting as presented. Nawrocki indicated that the resolution should be part of the minutes. 2) Reschedule the Library budget meeting to Wednesday, October 25, 2006 at 6:30 p.m. Motion to reschedule the Library budget meeting to Wednesday, October 25, 2006 at Murzyn Hall, beginning at 6:30 p.m. Nawrocki stated that we were to set more budget meetings. Only scheduling one -half hour is ludicrous, especially if there is a power point presentation given. We need more time on these budgets. City Council Minutes September 25, 2006 Page 2 of 14 3) Accept U.S. Dept. of Justice COPS 2006 Secure our Schools Grant - removed 4) Approve transfer of State of MN Operation Nite funds from General Fund to Police OT Fund. Motion to transfer $1,200, the total amount of money received from the State of Minnesota for our efforts in Operation Nite Cap program from the general fund to the Police Department 2006 budget line #1020 overtime. 5) First Reading of Ordinance No. 1514, being an Ordinance providing for the issuance and sale of approximately $4,430,000 General Obligation Improvement/Utility Revenue Bonds, Series 2006A - removed 6) Approve Special Assessment System Conversion - removed 7) Adopt Resolution 2006 -165, being a Resolution establishing amounts of assessments to be levied Nawrocki questioned where the city portion would come from. Kathy Young, Assistant City Engineer, indicated the infrastructure fund and general state aid utility funds. Nawrocki questioned the amount of state aid. Staff will forward that information. Motion to waive the reading of Resolution 2006 -165, there being ample copies available to the public. Motion to adopt Resolution 2006 -165 being a Resolution establishing amount of City share and amount of Special Assessments on projects to be levied. RESOLUTION NO. 2006-165 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 28`" day of August, 2006, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2006, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: Project Est. City Portion Assessed Portion Est. Total Zone 7B &lA Street Construction $458,442 $857,337 $1,315,779 Zone 7B & I General, State Aid, And Utility Funds $482,721 - $482,721 Zone IA Street Sealcoat, Project 0601 $33,629 $64,375 $98,004 Huset Parkway, Project 0404 $1,265,063 $1,677,460 $2,942,523 8) Adopt Resolution No. 2006 -166, being a Resolution accepting bids and awarding 2006 Storm Sewer Improvements removed 9) Approve the items listed for rental housing license applications for September 25, 2006 Motion to approve the items listed for rental housing license applications for September 25, 2006. 10) Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 25, 2006 as presented. 11) Approve Payment of Bills City Council Minutes September 25, 2006 Page 3 of 14 Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118549 through 118709 in the amount of $975,782.88. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda with the exception of items 3, 5, 6, and 8. Upon vote: All ayes. Motion carried. #3 Accept U.S. Dept. of Justice COPS 2006 Secure our Schools Grant. Police Chief Tom Johnson stated this is by request of the School District, but must be applied for by a police department. The grant would allow the purchase of proximity readers for the elementary schools and security cameras in the gymnasiums. This is felt to be a necessity for investigations. There are currently proximity readers at the high school and middle school. This would allow our officers and firefighters access when necessary. The matching funds will be provided by the School District. We will only be writing the grant. Nicole Hovie, School District representative, was present to answer questions. Nawrocki stated this is important information to get to the public. Hovie thanked Chief Johnson for the City's support to obtain this grant. Peterson thanked the School District and Police Department for their efforts to make the community safer, and Sergeant Rodgers for writing the grant. Motion by Nawrocki, second by Williams, to authorize the Mayor and the Chief of Police to accept the U.S. Department of Justice, COPS 2006 Secure Our Schools grant in the amount of $51,598, with the 50 per cent match of $51,598 to be paid by the Columbia Heights School District. Upon vote: All ayes. Motion carried. #5 First Reading of Ordinance No. 1514, being an Ordinance providing for the issuance and sale of approx. $4,430,000 General Obligation Improvement/Utility Revenue Bonds, Series 2006A - Nawrocki questioned why we are not taking bids for this. Mark Ruff, Ehlers and Associates Financial Consultant, stated that the City would take these bids in November. This is the required first reading, there will be a public hearing at the second reading, followed by a 30 day reply period. Nawrocki stated that the motion indicates a specific date but then refers to "other date as specified ". Ruff stated that the Ordinance reads a specific date but that phrase allows, if necessary, to begin the process again while still meeting the Charter requirements. Nawrocki questioned where the funds would go. Fehst read the list. Nawrocki asked why there are funds requested for 2004. Ruff stated that assessment hearings for Zone 7A were after the last bond issue, and that they are funded internally until the next bond issue. Nawrocki questioned the total assessments in 2004. Ruff stated they were over $1,000,000, but there were prepayments that lower the amount. Fehst continued to read the list. Nawrocki questioned if the $650,000 is less the prepays. Fehst stated yes. Nawrocki indicated that other residents pay for this water and storm sewer portion through their taxes. Fehst stated that is also true for tax increment. Nawrocki asked who would pay the $1.5 million assessment. Fehst stated the developer. Ruff stated that when the units are built the assessment would be paid off. Nawrocki indicated that the water tower rehab is for next year and has not been budgeted yet. Fehst stated they are repairs that need to be done. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1514, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki referred to the bond payoff sheet. Ruff stated it lists the principal and interest payments, special assessments, State aid and TIF. Nawrocki asked how the $1.5 million to be paid by the seller is factored in. Ruff stated that a portion is related to the Huset Parkway assessment. It is projected to be a five -year payoff. City Council Minutes September 25, 2006 Page 4 of 14 Motion by Diehm, second by Kelzenberg, to schedule October 9, 2006 at approximately 7:00 p.m. in City Council Chambers for the 2"d reading of Ordinance No. 1514 being an ordinance providing for the issuance and sale of approximately $4,430,000 in General Obligation Improvement and Utility Revenue Bonds, Series 2006A. Upon vote: All ayes. Motion carried. #6 Approve Special Assessment System Conversion Nawrocki questioned if this was budgeted for this year. Fehst described the financial benefits to be a savings of $16,000 a year for an initial cost of $25,000. Nawrocki asked when the system would be in use. Bill Elrite, Finance Director, stated that the current system is licensed through April 2007. We would want the new program in place prior to that. Motion by Diehm, second by Williams, to authorize the City Manager to enter into an agreement with Alto Consulting and Training to provide conversion for a Special Assessment system at a cost not to exceed $24,750. Upon vote: All ayes. Motion carried. #8 Adopt Resolution No. 2006 -166, being a Resolution accepting bids and awarding 2006 Storm Sewer Improvements Nawrocki questioned this relative to the Nedegaard project. Fehst stated this is not related to that project. The expense was from storm sewers and covers. Motion by Diehm, second by Williams, to waive the reading of Resolution 2006 -166, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006 -166, accepting bids and awarding the 2006 Storm Sewer Improvements, Municipal Project #0405, S.A.P. 113 - 010 -12, and S.P. 0207 -84, to New Look Contracting of Elk River, MN, based upon their low, qualified, responsible total bid in the amount of $120,147.75 with funds to be appropriated from Fund 402- 50405 -5130; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006 -166 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2006 STORM SEWER IMPROVEMENTS, CITY PROJECT No. 0405 STATE AID PROJECT 113 - 010 -12, STATE PROJECT 0207 -84 TO NEW LOOK CONTRACTING WHEREAS, pursuant to an advertisement for bids for City Project No. 0405, 2006 Storm Sewer Improvements, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL New Look Contracting, Inc. $120,147.75 Thomas and Sons Construction, Inc $122,237.40 Frattalone Companies, Inc. $142,788.00 G.L. Contracting, Inc. $162,301.50 W.B. Miller, Inc. $163,700.40 Dave Perkins Contracting, Inc. $196,025.00 WHEREAS, it appears that New Look Contracting, Inc., 19696 County Road 72, Elk River, Minnesota 55330 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with New Look Contracting, Inc. in the name of the City of Columbia Heights, for the 2006 Storm Sewer Improvements, City Project No. 0405, S.A.P. 113- 010-12 and S.P. 0207 -84, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their City Council Minutes September 25, 2006 Page 5 of 14 bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project #0405 shall be funded with Mn/DOT Cooperative Agreement Grant and State Aid Maintenance Funds. PUBLIC HEARINGS A) Close the tabled public hearing for rental license revocation at 1207 -09 Circle Terrace Blvd. Mayor Peterson closed the public hearing regarding the revocation or suspension of the rental license held by Deer Meadow Holdings regarding rental property at 1207 -09 Circle Terrace Boulevard N.E. in that the owner has corrected the violations. Upon vote: All ayes. Motion carried. B) Adopt Resolution No. 2006 -157 being a Resolution for Rental Housing License Revocation at 666 -668 47 % Avenue Fire Chief Gary Gonnan stated this revocation is for retaining wall disrepair, dead brush, tall weeds and no scheduled inspection. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution No. 2006 -157, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006 -157, 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 Christopher and Tracy Decker regarding rental property at 666 -668 47 -1/2 Avenue N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006 -157 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 Christopher and Tracy Decker (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 666 -668 47 -1/2 Avenue N.E., 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 August 29, 2006 of an public hearing to be held on September 25, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 18, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted three 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 August 29, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on September 18, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 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 retaining wall that is next to the 672 address that is rotted, loose and unsafe. ii. Shall remove the dead bush from the front of the property. iii. Shall cut/trim/tall grass weeds in the back. b. Failure to schedule a interior /exterior rental license renewal inspection. City Council Minutes September 25, 2006 Page 6 of 14 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 F7819A 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) Public hearing for rental license revocation at 4639 -41 Washington Street N.E. Removed D) Abatement public hearing at 4559 Washington Street — Removed D) Adopt Resolution No. 2006 -160, declaring property at 4440 Jefferson Street a nuisance and approving abatement of violations Gorman asked to close this hearing as the property has come into compliance. Mayor Peterson closed the hearing. Nawrocki questioned a broken piece of sidewalk at this location that has been damaged all summer. Fehst stated that is possibly part of the miscellaneous concrete work. Young stated that it is on the list to be repaired this fall. E) Adopt Resolution No. 2006 -161 declaring property at 4147 Washington Street a nuisance and approving abatement of violations Gorman stated this property also came into compliance today. Mayor Peterson closed the hearing. Nawrocki stated that repair work is needed in the alley. F) Adopt Resolution No. 2006 -162, declaring property at 4418 7th Street a nuisance and approving abatement of violations Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006 -162, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006 -162, a resolution of the City Council of the City of Columbia Heights declaring the property at 4418 7th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006 -162 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Joseph Clason (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4418 7th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 31, 2006 City Council Minutes September 25, 2006 Page 7 of 14 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 18, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 31, 2006, inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 18, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall paint any bare wood trim on the garage. B. Shall seed/sod/landscape bare area next to driveway in the rear. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4418 7th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4418 7th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. G) Adopt Resolution No. 2006 -163, declaring property at 4915 7th Street a nuisance and approving abatement of violations Gorman stated there are three outdoor violations on this property. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006 -163, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006 -163, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 7th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006 -163 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jean Peterson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4915 7th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 29, 2006 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 City Council Minutes September 25, 2006 Page 8 of 14 1. That on July 20, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 29, 2006, inspectors reinspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 13, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove outside storage from property including pallets and mattress along south side of garage. B. Remove scrub growth and tall weeds from along fence and house. C. Repair wooden fence on the south side of the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4915 7`h Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4915 7`h Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. H) Adopt Resolution No. 2006 -164 declaring property at 4124 5th Street a nuisance and approving abatement of violations Gorman stated this property is missing a garage door window. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006 -164, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006 -164, a resolution of the City Council of the City of Columbia Heights declaring the property at 4124 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki stated that 4410 is being cleaned up today. Gorman stated the family is doing the work on Fairway Drive. RESOLUTION 2006 -164 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article Il, of City Code, of the property owned by Debra Paulson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4124 5`h Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 31, 2006 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 City Council Minutes September 25, 2006 Page 9 of 14 1. That on July 26, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 31, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 18, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: a. Shall replace the missing garage door window. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4124 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4124 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Ordinance No. 1513, being an ordinance pertaining to tobacco regulations. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1513, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Diehm asked Police Chief Tom Johnson to give a description of this ordinance. Chief Johnson stated that the Finance Director was asked why Sarna's Tobacco was exempt from our ordinance allowing self - service sales. Upon checking it was discovered they did have self serve, which does not comply with City Code. They owners explained that they were following State Statute. Johnson stated that this ordinance would match State law. The owners have agreed to not allow anyone under 18 years of age in the store. They did fail a compliance check last year. Johnson stated fines were imposed upon the clerk and the business. Peterson stated that St. Anthony also follows State Statute. He indicated that he saw two young people removed from that store. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1513, being an ordinance amending Chapter 5, Sections 5.306, 5.307 and 5.308 of the City Code of the City of Columbia Heights pertaining to tobacco regulations. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1513 BEING AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 5.306, 5.307 AND 5.308 OF THE CITY CODE OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO "TOBACCO REGULATIONS" The City of Columbia Heights does ordain: Chapter 5, Sections 5.306, 5.307 and 5.308, of the Code of Ordinances of the City of Columbia Heights shall read as follows, to wit: § 5.306 PROHIBITED SALES. It shall be a violation of this article for any person, or employee or responsible party, to sell or offer to sell any tobacco, tobacco product, or tobacco related device: City Council Minutes September 25, 2006 Page 10 of 14 (A) To any person under the age of 18 years. (B) By means of any type of vending machine. (C) By means of self - service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee, or the licensee's employee, and the customer. This subdivision shall not apply to retail stores which derive at least ninety percent (90 %) of their revenue from tobacco and tobacco related products and which cannot be entered at any time by persons younger than 18 years of age. (D) By means of loosies as defined in § 5.302. (E) Containing opium, morphine, jimpson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (F) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. (Ord. 1371, passed 5- 11 -98) Penalty, see § 5.313 § 5.307 VENDING MACHINES. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. (Ord. 1371, passed 5- 11 -98) Penalty, see § 5.313 § 5.308 SELF - SERVICE SALES. It shall be unlawful for a licensee under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this article is adopted shall comply with this section within 90 days following the effective date of this article. This subdivision shall not apply to retail stores which derive at least eighty percent (80 %) of their revenue from tobacco and tobacco related products and which cannot be entered at any time by persons younge r than 18 years of age. 2) Adopt Resolution No. 2006 -167, being a Resolution to deny a Conditional Use Permit for Outdoor Storage at 4849 Central Avenue Jeff Sargent, City Planner, stated this item was tabled at the last Council meeting for consideration of material types for the enclosure /screening. Sargent stated that the owner requested a 16 foot cyclone fence to screen a semi - trailer. Sargent feels that this would not follow the intent of our code. Therefore, the recommendation is to deny the conditional use permit. Nawrocki stated that he commented at the last meeting about trash on the outside of their container and there is still trash there and in the back, and the alley behind the building was blocked with shelving. This would be a problem for the fire department. Diehm stated her pleasure that staff looked into this further. We have tried to build a great development in that area and want businesses in the area to work to make the area better. Peterson stated he has continually witnessed poor conditions at this site and stated that the owner of this business has not worked with the developer on two different occasions. He suggested they build another building rather than have outdoor storage. City Council Minutes September 25, 2006 Page 1 1 of 14 Sargent stated he also addressed concerns on the south side of the building to the owner. The owner claims that is part of the everyday storage. He was told that was in violation of the ordinance and would be cited if not cleaned up. David Van Buckle, District Manager for Savers in Minneapolis, indicated that the carts are for daily use to bring in supplies. Regarding outdoor storage, he indicated that the trailer is for recycling purposes and the fence would cover the trailers except for the tops. Peterson stated that the track record around the area and the owner's behavior should not be rewarded. Diehm congratulated their recycling efforts, but suggested using another entrance where people would not be allowed to dump items. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2006 -167, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Nawrocki, to adopt Resolution No. 2006 -167, denying a conditional use permit for outdoor storage for the business located at 4849 Central Avenue. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006 -167 RESOLUTION OF DENIAL FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SAVERS, INC. WHEREAS, a proposal (Case # 2006 -0901) has been submitted by Savers, Inc. to the City Council requesting a Conditional Use Permit for outdoor storage from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4849 Central Avenue LEGAL DESCRIPTION: On File at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.112 (D)(2), to allow outdoor storage in the MXD, Mixed -Use District. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 6, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council does accept and shall adopt the following findings of the Planning Commission: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Outdoor storage is specifically listed as a Conditional Use in GB, General Business District in the City of Columbia Heights. The MXD District allows all Conditional Uses that are listed within each commercially zoned district. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The intent of the Comprehensive Plan is met in this case. The land is designated for Transit - Oriented Development. This type of commercial use is consistent with the types of commercial uses in a transit - oriented development. (c) The use will not impose hazards or disturbing influences on neighboring properties. The outdoor storage will not be satisfactorily screened from adjacent properties, thus would impose negative influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for outdoor storage for the proposed CUP would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. City Council Minutes September 25, 2006 Page 12 of 14 The outdoor storage will not be satisfactorily screened from adjacent properties, and is not designed in a manner that is compatible with the appearance of the existing or intended character off the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 4849 Central Avenue meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The nature of outdoor storage does not and will not generate an excess of traffic, and will not create traffic congestion. Measures will be taken to ensure that on -site circulation is provided. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The outdoor storage will not be satisfactorily screened from adjacent properties, and will cause a negative effect with other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The proposed use will comply with all other applicable regulations for the district. FURTHER, BE IT RESOLVED, that said variance requests are denied based on the following: 1. The use is not designed in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 2. The use is not adequately screened from adjacent properties. ADMINISTRATIVE REPORTS Report of the City Manager • Referred to an article in the September 4 Star Tribune on the Nedegaard redevelopment site in Columbia Heights. It was a great article and positive for our city. • Meet with inner ring cities to work with other suburbs and with student councils in a social event to promote our welfare; discuss depleting our revenue source, inability to acquire land, and tax classifications. Referred to the current small difference between homestead and non - homestead properties. Now when people are unable to sell their homes, they rent them. There will be a follow up meeting at the end of November. Suggested Councilmembers attend. He discussed wireless networking with Minneapolis. He referred to legislative discussions with these cities and the importance that our voice be heard. • The AMM and Association of Metropolitan School Districts will meet for a candidates forum at New Brighton City Hall on October 26 for House District 50A and 50B at 7:00 p.m. Invited Councilmembers to attend. • Referred Homeland security training, that Councilmembers are required to attend, on Thursday morning, or the training is available online. We need to confirm to the State our compliance to receive federal funds. Nawrocki • Questioned the status of the study on utility rate increases. • A resident indicated concern to him regarding the Waggemon property. Fehst stated staff met with them and discussed parking and property conditions. A maintenance code for the industrial and commercial areas may be considered. Some of the vehicles are old and in bad shape. • Where is the auto lot sales ordinance at; referenced the University car lot. Fehst stated that was brought to Council for review and we continue to work on it. • 3841 3rd Street - cars and junk in the yard on the north side of the building. • Will there be an update on the Charter question and how will information be disseminated. Fehst stated that the Chairman of the Charter Commission was at the work session with the information. Had questions of bias in the material presented. It was a shame the information was not included in the water billing cycle. We need to show residents the question, not pros and cons to avoid bias. Fehst stated that the Chairman would attend the October 9 meeting with this information. Some Councilmembers indicated that the attorney should review this information. City Council Minutes September 25, 2006 Page 13 of 14 • Do abetter job on budget information in the winter city newsletter. • Requested information on the conference attended by the City Manager in San Antonio. Fehst referred to the WiFi meeting, indicating that just because a franchise was awarded to Minneapolis does not mean there would not be costs to us. He referred to networking with other managers, the keynote speakers, and the need to plan in an environmentally sustainable way. He referred to building with a green roof. Fehst stated that his peers recognized him for his 35 years of service in the international city manager business. Williams Asked if the house two up from the one being rebuilt on Cleveland is owned by the same gentleman that owns the house on Jefferson where they work on cars. Fehst indicated that it might be the same owner. Peterson thanked him for his report and congratulated him on the recognition of his 35 years of service. Report of the City Attorney — nothing to report CITIZENS FORUM - none COUNCIL CORNER Kelzenberg • Read from the green sheet on accomplishments of the Fire Department. • Jill Goodsill, a Columbia Heights resident, received one of five national teacher awards. WCCO did a news report and article, which he read. She received a complimentary makeover and a $35,000 school room makeover for her autistic students. Williams • Email from Mark Hinrichs, to alert citizens that the property tax rebates are coming out. • In the green sheet, Xcel Energy ;s putting additional lights at S;l ver Lake Beach — �t should be a priority to fix up this area. Fehst described the current responsibilities at the beach, but it should be discussed. • The Holiday Kick off party will be November 25. There will be a raffle for a four - wheeler. • There was a good turn out for the primary election. • Continue to pray for the peace and health of our citizens. Peterson • Make a Difference Day is Saturday, October 28`h. Groups or individuals can do projects. The Rising to New Heights group asks that you register your projects with them by November 1. Our City employees take part in this project. Ted Landwehr and Carole Blowers will tape a cable TV show on this project. It is a day to help out your neighbors. • Read the list from May 2005 to 2006 of donations by the Columbia Heights Boosters. These donations are possible through charitable gambling proceeds. He encouraged citizens to join this group. • Our Sister Cities Committee will host a fund raising dinner for the Lomianki Children's Hospital on October 15th. We visited the hospital last year and saw first hand the need for help and repair. The event will be sponsored by Bobby and Steve's Auto World. • October 9 is the final date to purchase engraved bricks to be placed at the Peace Tower. City Council Minutes September 25, 2006 Page 14 of 14 • Don't forget our service men and women around the world. Expressed his thanks for their service and asked everyone to keep them in our prayers. Diehm • October 6th is Columbia Heights Homecoming. • October 7t" will be the Parkview Villa Bazaar. • October 13 will be the Crest View Gala. • October 14 will be the Fire Department Open House. • Throughout the summer there have been additional funds appropriated for police coverage in the Grid 8 area. That concludes at the end of the summer. Contacts /events are listed weekly in the green sheet. Additional patrolling in this area has been helpful. Council should consider additional policing in the area during the winter. Nawrocki • There are many organizations that also contribute and do many good things for our community, such as the Lions, Kiwanis, VFW, parent organizations at schools, and scout groups. • Received a call from a resident that people came to her home with blacktop that they would be willing to give her, but then others showed up and said they were repaving and told her they would charge her. He advised her to call the police. The police arrived to find that the contractor was not licensed. It is a scam. Advised residents to be careful. Peterson stated, "Don't take ourselves too seriously and do a random act of kindness ". ADJOURNMENT Mayor Peterson adjourned the meeting at 8:50 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL ASSESSMENT LEVY HEARING HUSET PARKWAY STREET IMPROVEMENTS OCTOBER 2, 2006 Roll Call /Pledge of Alle ig ance Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Absent: Councilmember Williams Resolution No. 2006 -170, being a Resolution Adopting the Assessment Rolls for the Huset Parkway Street Improvements Presentation by City Staff providing background information on the above mentioned improvement projects. Kevin Hansen, Public Works Director, stated this assessment only affects one property. The assessment to the developer is $1,677,460. The amount would be spread out over the three phases of the development. About one -half of that will be prepaid. In the Frattallone Construction project the total was $3,343,097. Hansen listed the breakdown of costs between State Aid, sanitary sewer construction fund, water construction fund, storm water utility construction fund and an LCA grant. Hansen stated this meeting would be to approve the resolution and to set the interest amount. He recommended that the interest rate be at 1.5 or 2 percent over the bonded rate. Nawrocki questioned the reason to have the interest rate more than the bond amount. Hansen stated that is the recommendation of the Bond Consultant. Nawrocki requested a breakdown on construction costs. Hansen listed the Frattallone cost of $2,812,525. The rest is overhead and engineering costs. Hansen stated this is the only time we add in engineering costs. He listed the different engineers on the project. Nawrocki stated that there should have been a breakdown on the costs. Questions /Comments from City Council and the Public - none Motion by Kelzenberg, second by Diehm, to close the Public Hearing and waive the reading of Resolution No. 2006 -170, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Hansen stated our bonding rate would be 4.5 to 6 percent and the amount should be one to one and one -half percent over that amount. Diehm asked if that amount would carry through to the other hearings. Hansen stated that has been the past practice. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006 -170, being a resolution adopting assessment rolls for the Huset Parkway Improvements. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-170 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR PROJECT NO. 0404 HUSET PARKWAY STREET CONSTRUCTION Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 2005 -SA -02 -001 Huset Parkway, 37" Avenue to Jefferson Street and adjoining streets or avenues all in Project 0404. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:00 o'clock p.m. on the 2nd day of October, 2006, in the City Council Chamber, 590 40" Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 2005 -SA -02 -001, Project 0404. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Assessment Amount ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before November 155, 2006. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2007. The annual principal installments, together with 7.5% accrued on the unpaid balance are due and payable with the real estate taxes for a period of one year or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2005 -SA -02 -001, Project 0404. Section 5: This resolution shall take effect immediately upon its passage. Adjourn Mayor Peterson adjourned the meeting at 6:15 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary OFFICIAL PROCEEDINGS "AVE COLUMBIA HEIGHTS CITY COUNCIL R SPECIAL ASSESSMENT LEVY HEARING _rn r ZONE 1A — SEAL COATING OCTOBER 2, 2006 Roll Call /Pledge of Alle ig: ance Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Tardy: Councilmember Williams Resolution No. 2006 -168, being a Resolution Adopting the Assessment Rolls for the Zone I Seal Coat Improvements a. Presentation by City Staff providing background information on the above mentioned improvement projects. Kevin Hansen, Public Works Director, stated this is for the annual seal coating project. This was in the Zone 1 area and a pickup area west of Central left from 2004. The project costs are the same as at the time of the improvement hearing. Avenue rates are $71 per parcel land and street rates are $213 per parcel. Staff recommends adopting the levy resolution and to consider the interest rate. The term is for one year, which is next year. Diehm questioned that some rates were at only $22. Hansen stated that was for the LaBelle condominiums. He explained the formula for the charges by parcel. Nawrocki asked if the residents or the association would be billed. Hansen stated that each condo has a PIN so will be individually billed. Nawrocki asked for a breakdown of the costs. Hansen stated the total project cost. b. Questions /Comments from City Council and the Public. Tom Micalak, 1334 42'/2, stated his concern on the poor seal coating done. He stated there are spots that do not have rock. Hansen stated the project has been check, and it has been found that vehicle tires turn the rock and there is stripping from people spinning their tires. He also referred to the overlap in the center of the street. Micalak stated that if we are paying a contractor and took bids with specs we should have gotten quality work. Hansen stated that he would visit the property. Micalak asked if we paid the contractor yet. Hansen stated that it has not come before the Council. Micalak stated that the rock should have been left on the street for more than a week. Hansen stated that we have worked satisfactorily with this contractor before, but would check the street. Nawrocki stated this was a joint project with five other communities and we should check if they had any complaints. He asked what the specs were for the rock to be down. Hansen stated three to five days. Hans Castro, 1046 42%2 Street, questioned why the street next to this was redone and his was not. The street seems to be worse after seal coating. Hansen stated that the street referred to was a mill and overlay project and the costs are higher. Streets are rated to determine what type of work needs to be done. He described the different types of work done in the city. The intent of seal coating it to do it on a regular schedule to maintain the streets, on about an eight year cycle. Motion by Williams, second by Kelzenberg, to close the Public Hearing and waive the reading of Resolution No. 2006 -168, there being ample copies available to the public. is Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006 -168, being a resolution adopting assessment rolls for the Zone I Seal Coat improvements, with a friendly amendment by Diehm and agreed to by Williams to set the interest rate at 6 percent. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006 -168 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR PROJECT NO. 0601 ZONE IA SEAL COAT BITUMINOUS STREETS Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 2006 -Z1 -01 -001 and 2006 -Z1 -01 -002, 41' Avenue, East of Central Avenue, Circle Terrace Blvd, 40' Avenue to Reservoir Blvd, 42nd Avenue, Central Avenue to Reservoir Blvd, 42%2 Avenue, Cul -de -sac to Cul -de -sac, Fillmore Street, 42 "d Avenue to 42%2 Avenue, Pierce Street, 42%2 Avenue to 43%2 Avenue, 4l't Avenue, 6`h Street to Alley east of 7th Street and adjoining streets or avenues all in Project 0601. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:30 o'clock p.m. on the 2 n day of October, 2006, in the City Council Chamber, 590 401h Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 2006 -Z1 -01 -001 and 2006 -Z1 -01 -002, Project 0601. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Assessment Amount ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before November 1S`, 2006. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2007. The annual principal installments, together with 6% accrued on the unpaid balance are due and payable with the real estate taxes for a period of one year or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2006 -Z1 -01 -001 and 2006 -Z1 -01 -002, - Project 0601. Section 5: This resolution shall take effect immediately upon its passage. Adjourn Mayor Peterson adjourned the meeting at 6:50 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary Roll Call /Pledge of Allegiance Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Resolution No. 2006 -169 being a Resolution Adopting the Assessment Rolls for the Zone 7B and I Street Rehabilitation Improvements Presentation by City Staff providing background information on the above mentioned improvement projects. Kevin Hansen, Public Works Director, stated this is the assessment for Zone 7B and I Street Rehabilitation program. He listed items included in the council packets. Streets are complete except for the wear course, which follows the laying of sod. He stated there are no increases to the amount indicated at the improvement hearing. The costs by unit rate are $3,285 and mill and over lay area of $1,098 and partial reconstruction is $2,197. Hansen explained how the costs are arrived at. He indicated the city portion or cost share that the City had done for the last nine years of the program. The water services were lower than anticipated at $1,175 or 20 percent lower. The terms are mill and overlay —10 year, full reconstruction —15 years. Property owners have until November 1 to pay without interest. Amounts not paid would go on the county tax bill. Kathy Young, Assistant City Engineer, explained the difference in street and avenue charges. Hansen stated that staff recommends to establish the interest rate and to adopt the resolution that certifies the project. Nawrocki stated that the side street is called the avenue and is one -third of the street assessment. He stated that the original hearing was in March with bids that were too high. It was re -bid and a hearing was held in June. Diehm asked that the different treatments for the streets be described. Hansen described the street ratings completed to determine what work would be done on each street. Questions /Comments from City Council and the Public. Lawrence Wodziak, 3934 3`d Street NE, stated that his amount went up from the estimated tax. Hansen stated the difference was the two different improvement hearings. Wodziak stated that the contractor did a very good job. Mark Emme, 4130 3`d Street, stated he is a member of the University Heights Association. He stated that their group was assessed as an entity at the $1,098 rate for two units, but by the way the bill was figured with rounding errors the association would be charged enough for another whole parcel. Emme stated the amount assessed divided by the number of units should be .013 and was told that the computer software rounded it to .02. Peterson asked if that could be adjusted. Hansen stated it could be done, and prepays would have to be refunded. Fehst stated this is a legitimate point. Nawrocki asked if this also affected the LaBelle condos. Young stated that University Heights is a small section and the program does not calculate it as accurately. 2nd Street would also have the same situation. Hansen stated that the motion should note a change to the resolution for University Heights ainount. Nawrocki asked the number of units. Diehm stated 150 units. Glen Stauffacher, 3825 California Street, stated he paid to have a cul -de -sac put in for $25,000 and still got an assessment of over $4,000. None of the streets touch his property. He asked if the houses from 38`h to 401h pay for California or 39 " roadwork. Hansen stated that Main Street does. Diehm re- explained the avenue and street charges. He asked that his amount be reconsidered. Hansen indicated that his assessment for California was already reduced by 50 percent. Staff recommendation is the 50 percent reduction, which is on the assessment list, in recognition of his work done. The original assessment was $10,000. Hansen stated that the adjacent property, Burlington Northern, is paying $33,000. Steve LaMont, 3905 California Street, stated that the construction crew and city staff was great to work with. He stated his assessment is a significant amount for a single building. He does not feel he has $21,000 of benefit from the road. He stated he has about six lots, but this is a hardship to him. Hansen stated the amount is for 39`h and California. This is the same amount that was proposed at the improvement hearing. Hansen stated that the park property is assessed at the same rate. Nimo Adan, 1129 44'/2 Avenue, stated that she received two notices and asked which one has to be paid. Young spoke to her in private, giving her information to answer her question. Ray Kolosky, 38'/2 Avenue, stated that the project work was good, but every weekend the out door toilets were knocked over and the smell was terrible. Hansen stated that he was unaware of this. Kolosky stated that his stop box was replaced, but indicated that he would like to have seen the condition of it before it was replaced. There is pipe sticking up now. Hansen stated there is grading still needed. Hansen stated that staff checked the curb stops. Kolosky indicated that it could not be found and was only found when they hit it. He questioned if the contractor caused the need for replacement. Staff will review this with the inspector. Lorraine Dargay, 3926 2 ❑d Street, stated her pleasure with the roadwork done. The repair was very necessary. She requested to go through the appeal process for financial aid to pay her assessment. Dargay stated that this is a hardship to pay and ask how to find help to pay the assessment. Nawrocki stated that he visited the property, of which they take excellent care, and found they did not have to repair the water line. He spoke to the Bob Streetar, Community Development Director about assistance from the Greater Metropolitan Housing Commission (GMHC), and was told there could be help available. He has now found the situation was turned over to the city manager and public works director, and indicated his disappointment that it was passed on and he was not told. Dargay indicated that Streetar said would bring something to council on this type of situation. Fehst stated that GMHC funds are for housing and not infrastructure work. He stated that Council could consider the topic. Diehm stated this should be considered now, at budget time, to find a way to implement a hardship fund that we would control internally. Nawrocki stated that GMHC has the people to ask the correct questions and to give technical help. Diehm stated that they might be able to help us set up a program and help implement it. Hansen stated that such a program would reduce an assessment about 15 percent, for those who fit the guidelines. Diehm reminded everyone that the assessment would be spread out over 15 years. Stanley Symanski, 3806 2'h Street, asked why the street was narrowed by almost one foot. Hansen stated that streets are made to a standard size. Symanski asked what the County and State pay toward this work. Hansen stated the county does not pay, and the city pays 50 percent. Symanski asked what the guarantee on the work is. Hansen stated that with maintenance, the roads should last 50 to 60 years. Ray Kolosky stated that he paid money for curb that he now can not park next to because it is painted yellow. Dapendra Thalgeo, 4341 Tyler Place, he stated it is not fair if you just bought the property and are now charged a large amount for repairs. Peterson stated that any pending assessments must be paid prior to purchase. Diehm stated that the payments are over 10 -15 years and must be paid off if the property is sold. He asked if the hole in the alley by the post office could be fixed. Hansen stated that is a private street. Namgyald, 3728 2 %Z Street, indicated they did not replace the box at his house, as he already has a new one. He home was built in 1999. Hansen stated that in this case, the riser box and the valve were separated and needed to be excavated and placed back together. The resident stated that they did not excavate there at all. Hansen stated that our records show it was excavated, so we will check with the inspector and meet with the resident at the site. If the work was not done the $750 assessment would be removed. Diehm stated that we need to set the interest rate. At the last hearing we reduced it to 6 percent. Kalsang Uuzdup, 965 44 ' /a, stated he does not work and is considered low income. He asked if the city could assist him. Diehm stated that the interest rate was lowered so the amount is less each year. Hansen stated this is for a mill and overlay, so the first year amount would be about $225 and decline after that. Peterson suggested that he contact the county for assistance. Joe Ngyen, 1227 44 %2 stated he bought his house two months ago and asked if he has to pay it. Hansen stated the amount should have been in the title search as a pending assessment as our hearing was June 5`h. Diehm suggested that he contact his realtor. Nawrocki stated his disappointment in not receiving a total cost breakdown. When he asked about engineering costs at the first meeting, thought they would not be included in this. Hansen stated the treatment types described are what is included and overhead is not added. Nawrocki indicated that when staff says taxes are not going up much, you must remember what these property owners pay in assessments and utility rate increases. Williams asked how many properties had lead connections. Hansen stated there were 10 services that had to be replaced. Motion by Williams, second by Kelzenberg to close the Public Hearing and waive the reading of Resolution No. 2006 -169, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006 -169, being a resolution adopting assessment rolls for the Zone 713 and I Improvements, with friendly amendment by Diehm and agreed to by Williams to set the interest rate at 6 percent and to recalculate the University Heights condominium assessments. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-169 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR PROJECT NO. 0502 ZONE 7B AND I STREET REHABILITATION Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 2006 -Z7 -02 -001, 2006 -Z7 -03 -001, 2006 -Z7 -44 -001, 2006 -Z1 -44 -001, and 2006 -Z1 -44 -002, Full Street Reconstruction on 38" Avenue, Dead -end to Main Street, 2 "d Street, 37" Avenue to 38" Avenue, 2 "`' Street, 39`" Avenue to 401" Avenue, 2' /z Street, 37' Avenue to Edgemoor Place, and Edgemoor Place, 2' /z Street to 3`d Street, Partial Street Reconstruction on California Street, 39" Avenue to Cul -de -sac, 2 "d Street, 38'" Avenue to 39'" Avenue, 2' /z Street, Edgemoor Place to 3`d Street, and 3`d Street, Edgemoor Place to 401" Avenue, and Mill and Overlay on 39`" Avenue, California Street to Main Street, Edgemoor Place, 2%2 Street to 401" Avenue, 3`d Street, 38" Avenue to Edgemoor Place, 38" Avenue, 3`d Street to Dead -end, 42 "d Avenue, 2❑d Street to 3`d Street, 2 n Street, 43`d Avenue to 44" Avenue, Tyler Place, 43%2 Avenue to 45' Avenue, 43'/2 Avenue, Dead -end to Cul -de -sac, 44%2 Avenue, Tyler Place to Cul -de -sac, Buchanan Street, 44%2 Avenue to 45" Avenue and adjoining streets and avenues all in Project 0502 - Zone 7B and IA. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 2 n day of October, 2006, in the City Council Chamber, 590 40" Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 2006 -Z7 -02 -001, 2006 -Z7 -03 -001, 2006 -Z7 -44 -001, 2006 -Z1 -44 -001, and 2006 -Z1 -44 -002, Project 0502. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Assessment Amount ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before November 1", 2006. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2007. The annual principal installments, together with 6% accrued on the unpaid balance are due and payable with the real estate taxes for a period of fifteen years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, doers ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2006 -Z7 -02 -001, 2006 -Z7 -03 -001, 2006 -Z7 -44 -001, 2006- 21 -44 -001, and 2006 -Z1 -44 -002, Project 0502. Section 5: This resolution shall take effect immediately upon its passage. Adjourn Mayor Peterson adjourned the meeting at 8:17 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES September 5, 2006 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Nancy Holum, Patricia Sowada, Lynette Thomson, Bruce Kelzenberg, and Becky Loader. Catherine Vesley was absent. It was moved, seconded, and passed to approve the minutes of the August 2, 2006, Board meeting as mailed. Bill list dated 8/28/06, was reviewed. It was moved, seconded and passed that they be paid. The accounting was reviewed. Bob Streetar, Community Development Director, was introduced to the Board. Bob made a presentation about development projects under consideration within the City. Among the projects discussed were possible plans for the Mady's site on 38`x' and Central. Old Business: 1. Proposed 2007 budget update was discussed. No date has been set for the joint meeting of the City Council and the Library Board at this time. The Board will be notified by telephone once a date has been determined. 2. Update on the Anoka County Library contract with Columbia Heights was provided. At this time the contract has been not been finalized. 3. Staff update: a. Dana Weigman has been hired as the Adult Services Librarian; and will begin work September 11. b. Dan Marcou has accepted the vacant part-time Library Supervisor position. He begins training on September 6. c. 11 Page position candidates were interviewed. Three will be offered positions this week, and a training schedule will be set. 4. The ballots for the One Book program for Anoka County are available. The Board was encouraged to vote for their choice from the list. New Business: 1. The ACL Annual Report for 2005 was reviewed by the Board 2. The 2007 proposed holiday and closed day schedule was reviewed and compared with the Anoka County schedule. It was moved, seconded, and passed to accept the Proposed 2007 Holiday /Closed day schedule as presented. 3. The regular November meeting would be on Election Day; the Board was reminded that they have changed the date of that meeting to Wednesday, November 1, 2006. 4. The Star /Tribune article that appeared on 8/16/06 was discussed. 5. Crossover statistics from May, June, and July were reviewed. 6. The proposed 2007 Library Board meeting schedule was reviewed. It was moved, seconded and passed to accept the schedule as presented. It was noted that the schedule includes a change to acconunodate National Night Out to move the August meeting to 8/8/07. 7. The letter in the Star /Tribune from Julienne Wyckoff about NWA flight attendants was shared with the Board. 8. The article from the Star /Tribune of 9/4/06 entitled "A New view of Columbia Heights" was reviewed. 9. The Museum Adventure Pass program sponsored by Macy's was explained. This program will kick -off on Thursday, September 7, 2006. There being no further business the meeting was adjourned at 8:20 p.m. Respectfully submitted, •Y� canine Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 11 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING *CTOBER 3,2006 THESE MINUTES HAVE i! ' NOT BEEN APPROVED, The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek. Roll Call: Commission Members present - Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Shelley Hanson (Secretary), and Gary Peterson (Council Liaison). Motion by Schmitt, seconded by Peterson, to approve the minutes from the meeting of September 6, 2006 All ayes. MOTION PASSED. IW)0a ire IiDl_W1►[l7.� Case 2006 -1001 ZONING AMENDMENT Zoning Amendment to the Zoning Code as it relates to Auto Lots in the General Business District In the past, the City Council expressed concerns regarding the sale of vehicles, particularly used cars along the Central Avenue. As a result, the Council implemented a moratorium on used car lots and directed City Staff to study the situation and offer a viable solution to the problem. On February 14, 2006, the Auto Lot Moratorium expired, and the City Council adopted an ordinance requiring a Conditional Use Permit for all new auto sales lots within the GB, General Business District. Subseg1enthr the City Cniinril directed staff to further refine the ordinanre, placing re,trirtinnc on used car lots in the City. City Staff has prepared a proposed amendment to the zoning ordinance to respond to the Council's directive. The proposed changes to the zoning code would essentially permit, as a Conditional Use, the sale of new and used cars throughout the General Business District (GB). The amendment would also rezone the General Business properties along University Avenue to General Business Automotive (GB -A). The following would be permitted in each outlined District through the Conditional Use Permit process: GB General Business • New car dealerships as stand -alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). • Used car dealerships as stand -alone businesses, as long as they are located in an enclosed building. GB -A. General Business — Automotive • New car dealerships as stand -alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). • Used car dealerships as stand -alone businesses. PLANNING & ZONING COMMISSION MINUTES PAGE 2 OCTOBER 3, 2006 CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed zoning amendment would rezone all the parcels along University Avenue that are currently zoned GB, General Business, to GB-A, General Business — Automotive. The rezoning will establish a new zoning district that would allow for the stand-alone business sale of new and/or used vehicles, with all other aspects of the current zoning classification remaining the same. For this reason, the Comprehensive Plan would not be altered, and the proposed zoning amendment would be consistent to the Comprehensive Plan. 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. The amendment is consistent with the Comprehensive Plan because the proposed code amendment only changes auto lot sales from a permitted to a conditional use. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the sale of new and used cars with a Conditional Use Permit. The proposed amendment also adds certain conditions for approval to improve the aesthetic appearance of the lots, benefiting the public at large. C) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification o1j"property within the general area nf thf- property in n ieztinn are r.nmnntih1f- with the nrnnn-,PC1 7nnincr r.1n,,qiflr..qtinn The zoning amendment does not change the use currently permitted, but changes auto sales from a permitted to conditional use. 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. Prior to this proposed amendment, auto sales were a permitted use In the GB, General Business District. Consequently, business owners specializing in auto sales established used auto lots in areas of City that detracted from the aesthetic values of the City. City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would limit the establishment of used car lots throughout the City and would require a Conditional Use Permit for all new and used car lots. PLANNING & ZONING COMMISSION MINUTES PAGE -3 OCTOBER 3, 2006 Questions from members: Thompson questioned the discrepancy of the language included in the report in regards to whether it is 30% sold or 30% displayed. Sargent stated it should be up to 30% of cars for sale on the lot maybe used vehicles. This would not include employee's cars, customer's cars, etc. Sargent also clarified that used car sales would require a Conditional Use Permit if this amendment is approved. This means staff would review any applications, prepare a report, and submit a recommendation to the P & Z Commission noting the conditions that would have to be met. Fiorendino asked if thought had been given to changing the GB district to not allow used car sales, and further, to not create a GB -A district at all. Sargent stated the Council wanted to compromise between not allowing them at all and finding an area where this type of business could be conducted. Central Avenue is geared toward auto service already, however, the council wanted to keep used car lots off our main corridor. By creating this district and requiring a Conditional Use Permit, it would give the City some control over the sites where this type of business will be conducted. Fiorendino questioned whether the area around 40th and University Ave should be included in this new GB -A district. After some discussion, the members felt this area should remain zoned as a GB district. This would mean that used car lots in this district would have to be in an enclosed structure. They decided to amend the recommended motion that would change any GB properties to GB -A for properties lying north of 44th Ave, and leaving those to the south of 44th Avenue zoned GB. Schmitt asked whether car auctions would be affected. Sargent explained car auctions are not addressed in this, amendment, Most sites, along that enrririnr are not large enniigh to make n rnr mic_tion h77s7nP.QR worthwhile, and, therefore those held are generally done as a special event. Schmitt also asked if auto sales are allowed in the Industrial District. Sargent stated that district allows auto repair businesses only. The Public Hearing was opened: No one wished to speak on this issue. The Public Hearing was closed. Motion by Thompson, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the text amendments as outlined in the attached draft, ordinance, except that only the properties north of 441h Avenue now zoned GB be changed to GB -A, and that properties south of 44`x' Avenue remain in the GB district. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 4 OCTOBER 3, 2006 DRAFT ORDINANCE NO. XXXX 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 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 s . 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 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 11.0 16.0 PLANNING & ZONING COMMISSION MINUTES PAGE 5 OCTOBER 3, 2006 Chapter 9, Article I, Section 9.110 (E) of the Columbia 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. 0 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) Automobile sales/ -ental. m) Banquet Hall. n) Billiards Hall. o) 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. ii) Shopping Center. J) Studio, professional. kk) Studio, radio and television. 11) Theater, live performance. min) Theater, movie. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business 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. d. Automobile sales, used (in building). e. Recreational vehicle sales, new. PLANNING & ZONING COMMISSION MINUTES PAGE 6 OCTOBER 3, 2006 f. Recreational vehicle sales, used (in building). g. Firearms dealer /Shooting range. h. Hospital. i. Outdoor sales or display. j. Outdoor storage. k. Parking Ramp. 1. Assembly, manufacturing and /or processing. m. Printing and/or publishing. n. Consignment /Secondhand store. o. Club or lodge. p. Currency exchange. q. Pawnshop. r. Drop -in facility. 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. hl Gnvernment nf_fi_rrv, 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. o) 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. PLANNING & ZONING COMMISSION MINUTES PAGE 7 OCTOBER 3, 2006 aa) Laboratory, medical. bb) Liquor store, off -sale. cc) Museum or gallery. dd) Office. cc) Retail sales. ff) Service, professional. gg) Shopping Center. hh) Studio, professional. ii) Studio, radio and television. J) 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) Automobile sales /rental, new and used. b) Recreational vehicle sales, new or used. C) Government maintenance facility. d) Arcade. 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) Consign ment/Secondhand store. m) Club or lodge. n) Currency exchange. o) 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 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, is proposed to include the following additions and deletions. (F) (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. PLANNING & ZONING COMMISSION MINUTES PAGE 8 OCTOBER 3, 2006 § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards. (6) Automobile Sales /Rental, New. a) The use shall be served by a major collector or higher classification or roadway. b) In the GB, General Business District, outdoor vehicle display for used cars shall be limited to thirty percent (30 %) of the total outdoor display area for a new car dealership. 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. e) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. d) Outdoor vehicle display areas within the public right -of -way are prohibited. e) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights -of -way. f) Outdoor vehicle display shall be within a designated area that is hard - surfaced. 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. (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) In the GB, General Business District, an open -aired used car lot as a stand -alone business is prohibited. c) In the GB, General Business Drstr:et, 'used cars may be sold as a stand-alone business if the h�ociness is contained within a building. d) In the GB, General Business District, used cars may not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. I) Outdoor vehicle display areas within the public right -of -way are prohibited. g) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights -of -way. h) Outdoor vehicle display shall be within a designated area that is hard - surfaced. i) 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. j) Music or amplified sounds shall not be audible from adjacent residential properties. k) Outdoor vehicle display shall not reduce the amount of off - street parking provided on site below the level required for the principal use. 1) 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. m) 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. PLANNING & ZONING COMMISSION MINUTES PAGE 9 OCTOBER 3, 2006 ZONING AMENDMENT Zoning Amendment to the Zoning Code as it relates to Transitional Housing. Sargent explained that on March 8, 2006, a group called ATTIC approached the City with a request to place a halfway house in the City. ATTIC specializes in placing ex- convicts into halfway homes in residential areas, to transition these individuals back into society. ATTIC worked in conjunction with the Minnesota Department of Corrections to locate a transitional housing unit at 1008 Gould Avenue. It was discovered that the proposed housing unit would be located adjacent to an existing residential facility used to house people with drug and alcohol dependencies. The Council indicated that locating these types of uses next to each other would not be appropriate in a predominately single - family neighborhood, and imposed a moratorium regarding transitional housing on March 13, 2006 for a one -year period. At this time, Staff proposes an amendment to the Zoning Code to address the Council's concern. The current zoning code directly addresses the halfway home type of housing, referring to this type of housing as a "Correctional Residential Care Facility ". The Code, however, only addresses this type of housing in Section 9.107, which is the Specific Development Standards section of the Code. There is no other reference to this type of housing anywhere else throughout the code and it is also not defined in the definitions section. Staff proposes modifying the Correctional Residential Care Facility Section, by defining the term and permitting this type of use in the "I -1" and "I -2" Industrial Districts through the Conditional Use Permit process. Essentially, these types of facilities shall only be located in the "I" and "1-2" Districts and cannot be located within 1/4 mile, or 1,320 feet from another similar facility. CONSISTENCY WITH COMPREHENSIVE PLAN: The Comprehensive Plan would not be affected with the proposed zoning amendment, as there will be no rezoning of any parcel in the City. 1 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. The Comprehensive Plan world not be affected with the proposed zoning amendment, as there will be no rezoning of any parcel in the City. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. PLANNING & ZONING COMMISSION MINUTES PAGE 10 OCTOBER 3, 2006 It is in the public interest to locate these types of housing units in an area in the City that would have the least influence on the residential neighborhoods in the City. One of the major goals of the Comprehensive Plan is to preserve the character of the residential areas throughout the City and the proposed amendment would help accomplish this. 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 proposed zoning amendment would not change the zoning classification of any parcel in the City. 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 proposed zoning amendment would not change the zoning classification of any parcel in the City. City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would limit the location of Correctional Residential Care Facilities to the Industrially zoned parcels in the City. Questions from members: Schmitt asked if the City if aware of every facility that is established in Columbia Heights for these purposes. Sargent explained that even though Transitional Housing Facilities do not require any kind of City approval or licensing, most of the facilities are funded with County or State monies and are regulated through them. Usually the City is notified, but this amendment would allow the City to have some control over the number and location of such facilities. Fiorendino asked what size most of these facilities are. Sargent stated they usually look for sites that will hold between 6 -12 people, and they like to locate in residential areas. By approving this amendment, a Conditional Use Permit will now be required. The Public Hearing was opened: No one was present to speak on this issue. The Public Hearing was closed. Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 1 I OCTOBER 3, 2006 ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE I -1, LIGHT INDUSTRIAL DISTRICT AND THE I -2, GENERAL INDUSTRIAL DISTRICT IN THE CITY OF COLUMBIA HEIGHTS 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. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a d�erent meaning. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24- hour -a -day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the department's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and home for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. Chapter 9, Article I, Section 9.107 (C)(37) of the Columbia Heights City Code, is proposed to include the following additions and deletions. (37) Residential care facility, correctional. (a) The use shall be located at least `/4 mile (1, 320 feet) from all existing residential care facilities and correctional residential C , e� crlrtr °O, ' "egardleSS J the lrcen...ng Status of Such f frnm primarty 1hia to property line. (b) The use shall only be located in the I -1, Light Industrial District and the I -2, General Industrial District parcels throughout the City. fb) (c) The use shall not be located in a two family or multiple family dwelling unless it occupies the entire structure. fco(d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwellingplus and area of 300 square feet for each resident over six two. The maximum number of residents may be speeified . the ^ ilia,^, r , °it in i -de,^ to ineet this r eqHireffl shall not exceed four (4). 40(e) On -site services shall be for residents of the facility only. fe)(f) The building and any exterior, fenced areas shall meet the setback requirements of the zoning district in which the use is located. 69(g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surrounding., and exterior building materials shall be compatible with other buildings in the neighborhood. fg)(h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character if the neighborhood. f (i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. fi)(j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Chapter 9, Article I, Section 9.109 (G)(3) of the Columbia Heights City Code, is proposed to include the following additions and deletions. PLANNING & ZONING COMMISSION MINUTES PAGE 12 OCTOBER 3, 2006 § 9.111 INDUSTRIAL DISTRICTS. (D) I -1, Light Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light Industrial 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) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation /transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. (D) I -2, General Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I -2, General Industrial 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) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation /transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. 13ec t: 1. .scc.cevri �,. This ordinance shall be in_ dl force and effectfrom and after 30 days after its passage. ZONING AMENDMENT Zoning Amendment to the Zoning Code as it relates to Portable Swimming Pools Sargent explained he has noticed several areas in the code that need to be clarified with language that gives clear direction to staff and residents. After conducting inspections on residential properties in the summer of 2006, it has become very apparent that residents of Columbia Heights utilize portable pools. These types of pools differ from other residential pools in that they are not permanent structures and can be easily maneuvered on a property. City Staff received some phone calls regarding these types of pools and how they are classified by Code. The current Zoning Code does not differentiate between portable pools and permanent swimming pools. PLANNING & ZONING COMMISSION MINUTES PAGE 13 OCTOBER 3, 2006 For this reason, Staff has had to classify these pools as pennanent, and would require portable pools to meet the same standards as other aboveground swimming pools. These standards include the requirement of a 6 -foot tall fence and a building pennit required for installation. Some concerned residents were upset that they would have to fence in their entire backyard for a swimming pool that was not on the property permanently. The portable pool is typically installed at the beginning of the summer and removed when the weather gets cold. City Staff understands this concern and agrees that the current zoning code does not specifically address this type of swimming pool. For this reason, Staff proposes a zoning amendment that would allow portable swimming pools on residential properties, without needing to meet the requirements of permanent pools. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed zoning amendment will not be creating any new zoning classifications. For this reason, the proposed amendment will be consistent with the current Comprehensive Plan. 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. The proposed zoning amendment will not be creating any new zoning classifications. For thaiV V,9"Vn" thO nrn»nsOd amendmOnt WiH he cnnslrtOnt With th0 1- 71YVOYIt CnYN7�NOh0N�'7110 Y Y t Plan. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow individuals to locate a portable pool on their property without having to meet the same standards as a permanent swimming pool. The zoning amendment is for the entire City. 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 proposed zoning amendment will not be changing the zoning classification of any parcel within the City. 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 proposed zoning amendment will not be changing the zoning classification of any parcel within the City. PLANNING & ZONING COMMISSION MINUTES PAGE 14 OCTOBER 3, 2006 City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would allow for the use of portable swimming pools without meeting the same minimum requirements of a permanent swimming pool. Questions by Members: Peterson questioned how temporary, portable pools and hot tubs would be differentiated from other pools that are considered permanent. Sargent explained the difference would be detailed in the definition that states they must not be higher than 3.5 feet and have a capacity of less than 3,000 gallons of water. The language included in the amendment also requires a 5 foot setback from any property line, the pools must be equipped with a child resistant cover in lieu of a 6 foot tall fence. Any ladder or other means of entry shall be detached when not in use, and the pool shall not be in place longer than 6 months in a calendar year. Thompson questioned whether the language should be "maximum of 3.5 feet in height `and' less than 3,000 gallons" or if it should state "or less than 3,000 gallons ". He stated his portable pool is higher than 3.5 feet. After some discussion, it was decided to change the language to "Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet `or' a capacity of less than 3,000 gallons of water. Sargent felt the time frame of 6 months is more crucial in defining a portable pool. The Public Hearing was opened. No one was present to speak to this issue. The Public Hearing was closed. Motion by Schmitt, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the text amendments as outlined in the attached draft ordinance with the language amended to say "any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet `or' a capacity of less than 3,000 gallons of water. All ayes. MOTION PASSED. k:_► BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO PORTABLE POOLS IN ALL RESIDENTIAL DISTRICT THROUGHOUT THE CITY OF COLUMBIA HEIGHTS 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. PLANNING & ZONING COMMISSION MINUTES PAGE 15 OCTOBER 3, 2006 § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet or a capacity of less than 3,000 gallons of water. Chapter 9, Article I, Section 9.106(C)(4) of the Columbia Heights City Code, is proposed to include the following additions and deletions. (C) Accessory uses and structures. (4) Private swimming pools and courts. (g) Portable pools shall not be located within five (5) feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child - resistant cover in lieu of a six -foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner's consent. Portable pools shall not be in place longer than six (6) months in a calendar year. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. NEW BUSINESS None. Thompson stated he would like to see an amendment to the Zoning Ordinance that would allow seasonal greenhouse approvals to be done administratively rather than going through the CUP process with the P & Z Commission. Everyone agreed this should be done now, before the requests begin for the spring season. Staff will work on an amendment to make this change. The meeting was adjourned at 8: 00 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary COLUMBIA HEIGHTS - CITE' COUNCIL FETTER Meeting of. October 9, 2006 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5 -A -3 Administration APPROVAL ITEM: Establish Work Session BY: Walter R. Fehst BY:� Meeting Date for October I6, 2006 DATE: October 4, 2006 NO: DATE: It is suggested to schedule a City Council Work Session for Monday, October 16, 2006 beginning at 7:00 p.m. in Conference Room 1. MOTION: Move to schedule a City Council Work Session for Monday, October 16, 2006 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: CITY COUNCIL LETTER Meetinn of October 9 9006 AGENDA SECTION: Consent --- c �, NO. ORIGINATING DEPARTMENT POLICE CITY MANAGER APPROVAL: ITEM: Approval of Premises Permit BY: Thomas Johnson BY: Application Class B for Columbia DATE: October 3, 2006 DATE: Heights Athletic Boosters to conduct charitable gambling activities at Star Central NO: BACKGROUND The Columbia Heights Athletic Boosters Chub, Columbia Heights, Minnesota, has submitted a premise pen-nit application to hold legal gambling activities at Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota. The Athletic Boosters Club has submitted a copy of the floor plan and lease agreement with Star Central, along with Permit Application, and permit fee. ANALYSIS /CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection Lo the issuance ol. a Class D premises permit for the Columbia Heights 'Athletic roosters Club in conjunction with activities at Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty -day notice to the local governing body. mid 06 -181 Attachments: COUNCIL ACTION: Minnesota Lawful Gambling ` Board Use Only ; LG. ng ntrol (LG20OR) Lawful Gambling License Renewal Application Corrections should be made directly on this application ... Submit one check for all renewal fees, payable to State of Minnesota Organization requirements: Current license term: 1/1/2005 to 12/31/2006 1. An annual organization license fee'of $350 is required. Renewing license term: 1/1/2007 to 12/31/2008 Authorization: 2072 ® F Check this box if your (organization qualifies for Organization: Columbia Heights Athletic Boosters Club (763)706 -3743 the waiver license e $350 530 Mill St NE, Columbia Heights, MN 55421 County: Anoka defined in MN Statute CEO: C140111C'C L— GWANUOWSlif') L _349.16 Subd_6 E a93o N I &R-rri. OAU& S'-r NW LOON AAP%0S 763 -'755 - Treasurer: e.cal of . 'AD\ Mt.S Z C 31 a a t s H �c�l,1c. � P lc,� N F Co\. �X.6t's Ssy� l (1 b3j S-t t -apa Annual Goal for Charitable Contributions ( a % Gambling Manager Requirements: 1. An annual gambling manager license fee of $100 is required. Gambling Manager Authorization: GM- 02072 -004 Current License Term: 8/1/2005 to 12/31/2006 Renewing license term: 1/112007to 12/31 12008 Aurora . Johnston ® The individual listed is not renewing their license. We have enclosed a LG212 3977 Polk St NE, Columbia Heights, MN 55421 application for the new applicant. Note: The gambling manager duties may not be (763)742-3635 Bond: # BD7900654629 assumed by an individual until they are licensed through: AMCO by the Minnesota Gambling Control Board. Gambling Manager Affidavit and Consent Statement 1. I have never been convicted of a felony or a crime involving gambling. 2. I have never committed a violation of law or Board rule that resulted in the revocation of a license issued by the Board within five years before the date of the license application. 3. I have never been convicted of a criminal violation involving fraud, theft tax evasion, misrepresentation, or gambling. 4. I have never been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or (iii) making terroristic threats. 5. I have never been, or am I now, connected with or engaged in an illegal business. 6. I have never had a sales and use tax permit revoked by the commissioner of revenue within the past two years. 7. I have never, after demand, failed to file tax returns required by the commissioner of revenue. 8. I do not owe $500 or more in delinquent taxes as defined in section 270.72. 9. I have been an active member of the organization for at least two years at the time of our organization's initial license application, or have been an active member for at least the most recent six months prior to the effective date of our organization's license renewal. 10. I am not a gambling manager or an assistant gambling manager for another organization. 11. I am not a lessor, a member of the lessor's immediate family or a person residing in the same household as the lessor, or an employee of a lessor of a premises where this organization has a permit issued from the Board to conduct lawful gambling. 12. I am not involved directly or indirectly as a bingo hall owner, manufacturer, or distributor. 13. I am not the chief executive officer of this organization. 14. I am not the treasurer of this organization. 15. 1 was not an officer of an organization at a time when an offense occurred which caused that organization's license to be revoked.. Background Check. By signature of this document, the undersigned authorizes the Departments of Public Safety and Revenue to conduct a criminal and tax background check or review and to share the results with the Gambling Control Board. Further, I understand, agree, and hereby irrevocably consent that suits and actions relating to the subject matter of this gambling manager license application, or acts or omissions arising from such application, maybe commenced against me or my organization and I will accept the service of process in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process, or pleading authorized by the laws of Minnesota. Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Changes in the information submitted in this application will be submitted in writing no later than 10 days after the change has taken effect. I have read this application and declare that all information submitted is true,,Agcarat ,a o le gf�Va'ture, in ink, of Rl5ling man; er applicant Date: Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activitv 5/06 Page 1 of 2 Check applicable item: _ 1. Lease for new application. Submit with new premises permit application. �2. Renewed lease. Submit with premises permit renewal. _ 3. New owner. Submit new or amended lease within 10 days after new lessor assumes ownership. Date effective _ 4. Amended lease • Check the change(s) in the lease: _Rent _Premises name _Booth/bar _Activity change _Other Date that changes will be effective • Both parties must initial and date all changes. • Submit changes at least 10 days prior to the change. Organization name I License number Daytime phone A ! A _ - 3143 Name of leased prem es Street address City State Zip Daytime phone 9 ¢ "'N 554 Name of legal owner of premises Business /street address I City State Zip Daytime phone 8 t044D rL im C6 N 55 CIS 0 944 -1 Ws Name of lessor (if same as legal Business1strM address City State Zip Daytime phone owner, write in "SAME ") WISEA 1143 Tjrr Ue.int- Mtl 55Y14 asi -M Check all activities that will be conducted: // �ull -tabs -tabs with dispensing device Tipboards f Paddlewheel table ✓ bingo _Pull _Paddlewheel with _Bingo Bar Pull -tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r--------------------- --- ---------- - - - --� Does your organization OR any other organizatr conduct gambling _ from a booth operation at this location? V Yes — — — — —No — t---- --- - - - --i If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation Bar operation - Booth operation and pull -tab dispensing device - Bar operation with pull -tab dispensing device - Booth operation and bar operation - Pull -tab dispensing device only - Booth operation, bar operation, and pull -tab dispensing device The maximum rent allowed may not exceed $1,750 in total The maximum rent allowed may not exceed $2.500 in total per month for all organizations at this premises, per month for all organizations at this premises. Complete one option: Complete one option: Option A: 0 to 10% of the gross profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month may be paid on the first $4,000 Option C: $0 to $200 per month may be paid on the first $1,000 of gross profit. Amount to be paid .00 . Plus 0% to of gross profits. Amount to be paid $ . Plus 0 %to 10% of the gross profits may be paid.per month on gross profits 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid Jam% over $1,000. Percentage to be paid % . Bingo Rent Bar, Bingo Rent . Option D: 0 to 10% of the gross profits per month from all lawful ✓Option F: No rent may.be paid for bingo gambling activitiesheld during bingo occasions, excluding bar bingo. conducted in a bar. Percentage to be paid % Option E: A rate based on a cost per square foot not to exceed 110% - New Bingo Activity of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar g y bingo. Rate to be paid $ per square foot. For any new bingo activity not previously The lessor must attach documentation, verified by the organization, to included in a Premises Permit Application, confirm the comparable rate and all applicable costs to be paid by the attach a separate sheet of paper listing the organization to the lessor. days and hours that bingo will be conducted. tu�. S . 22514 NORTHEAST BANK COLUMBIA HEIGHTS ATHLETIC BOOSTER CLUB, INC. MINNEAPOLIS, MN -612- 379 -8811 CHARITABLE GAMBLING ACCOUNT i COLUMBIA HEIGHTS, MN - 763 -788 -9351 530 MILL STREET NE COON RAPIDS, MN - 763 - 784.3533 COLUMBIA HEIGHTS, MN 55421 YOUR INDEPENDENT COMMUNITY BANK x 17- 13-910 Date: 10/l/2006 H PAY TO THE ORDER OF CITY OF COLUMBIA HEIGHTS $ 250.00 ° Pay: Two Hundred Fifty And 00/100 DOLLARS 4 CITY OF COLUMBIA HEIGHTS m TWO SIGNATURES REQ IRED DID I NOT S WI 90 DAYS nnEnno Investigative Fee for Renewing License' 1120 2 2 5 L411' 409 L000 L 3 24 Soo-60 L011' License Number: 2072 License Expiration: 12/31/2006 Premises permit requirements: 1. An annual premises permit fee of $150, 2. A separate resolution of approval including the site address from the local unit of government, (The local unit of government does not sign this renewal application) and 3. A LG215 lease agreement for each site your organization does not own is required. Site number 007 ® # Check this box if this site has been discontinued or will not be renewed. Star Central 4001 Central Ave NE, Columbia Heights, MN 55421 Anoka County "Township of (if applicable) Gambling account 5006010 Organization owns this site: N Northeast Bank 3989 Central Ave NE, Columbia Heights, Does your organization conduct bingo at this site Y / N —� MN 55421 Is the local resolution of approval attached �Y N If yes, the attach a list of the days and beginning times of your bingo activities.; - ------------------- - ---- ----------- ------- - - - - -- Site number 008- ® � Check this box if this site has been discontinued or will not be renewed. Tasty Pizza 875 45th Ave NE, Hilltop, MN 55421 Anoka County Township of (if applicable) Gambling account 5006010 Organization owns this site: N Northeast Bank 3989 Central Ave NE, Columbia Heights, Does your organization conduct bingo at this site Y MN 55421 Is the local resolution of approval attached? D N If yes, the attach a list of the days and beginning times of your bingo activities.; S4-e nL�, ✓ GD 5 l�irn- e.,�.e� A' J'J Minnesota Lawful Gambling Organization Bingo Occasions List Review, make necessary corrections and return with organizatio,n..,,license renewal] Organization Information Name: Columbia Heights Athletic Boosters Club License: 02072 License Expires: 12/31/2006 .......... .... ... . ....... ... ....... T: Site Information Site # 007 Star Central Organization Owns Site? N Bingo conducted at this site: Every Monday beginning at 4:00 PM ....... . ....... ... - ......................... ............ -.- ... ........ . ... . .... ..... Every Wednesday beginning at 5:00 PM All informati a provi dW4 above is accurate to the best of my knowledge: -Act 06 Signature, in ink, of CEO or Gambling Manager Date signed Wednesday, July 05, 2006 Minnesota Lawful Gambling Board Use Only L �tmI New Site Addendum to the License Renewal Application Annual Premises Permit (Fee $150) Provide day and times of bingo activity your organization conducts at this location Permit #: 02072 -005 License expiration: 12/31/2006 Renewed License Effective: 1/1/2007 Organization: Columbia Heights Athletic Boosters Club CEO: CKLA,, ewc,trtdows ,t 530 Mill St NE Columbia Heights, MN 55421 Site: Double A Lanes /DBA Dukes Sport Anoka County be 845 45th Ave NE, Hilltop, MN 55421 : SResolution thapproval Amsted above 1— *Township: [organized / unorganized] Gambling Acct: # 510-06010 Site owned by organization: N 'Y - No lease agreement required.. Northeast Bank N - Attach LG215 Lease Agreement -for Lawful Gambling Activity. 3989 Central Ave NE, Columbia Heights, MN 55421 Chief Executive Officer's Acknowledgement and Oath I DECLARE THAT: I have read this application and all information submitted to the Gambling Control Board; All the information is true, accurate and complete; All other required information has been fully disclosed; I am the Chief Executive Officer of the organization; I assume full responsibility for the fair and lawful operation of all gambling activities to be conducted; I will familiarize myself with the laws of Minnesota governing gambling and rules of the Gambling Control Board and agree, if to abide by those laws and, rules, including amendments to them. Any changes in application information will be submitted to the Gambling Control Board within 10 days of the change; I understand that failure to provide required information or providing false or misleading information may result in denial or revocation of the license. I have read this application and declare that all information subm' 'edd' true, ac rate, and complete. Signature, in inky, of chief executive officer Date: 2r / a9 , o t0 Return addendum with renewal application to: State of Minnesota - Gambling Control Board 1711 W Co Rd B #300 S, Roseville, MN 55113 Licensing- Contact, Xim -Lar _ -- Email: kim.larsson @gcb.state.mn.us Org License: 2072 Phone: (651)639 -4072 Expiration: 12/31/2006 Fax: (651)639 -4032 The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public except for your Social'Security number, which remains private. If the Board does not issue you a license, all information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent. License Number: 2072 License Expiration: 12/31/2006 Chief Executive Officer's Acknowledgement and Oath I declare that: I have read this application and all information submitted to the Board. All information is true, accurate and complete. All other required information has been fully disclosed. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of all gambling activities to be conducted. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules including amendments to them. I certify that the gambling manager is bonded and licensed as required per Minnesota Statutes. I understand that failure to provide required information or providing false or misleading information may result in denial or revocation of the license. A termination plan will be submitted to the Board within 30 days of termination of our gambling operation. I have read this application and declare that all information submitted is true, accurate, and completeC Signature, in ink, of chief executive officer Date: 9 /-Ai / 06 Mail complete renewal application (all pages), and one check made payable to the State of Minnesota for all renewal fees by: 11/1/2006 to: Gambling Control Board 1711 W Co Rd B #300 S Roseville, MN 55113 ........................................................... ............................... Licensing Contact: Kim Larsson Email: kim.larsson @gcb.state.mn.us Phone: (651)639 -4072 Fax #: (651) 639 -4032 The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public except for your Social Security number, which remains private. If the Board does not issue you a license, all information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent. Minnesota Lawful Gambling sr05 LG200B Organization Officers Affidavit Affidavit of Qualification of Officers for an Organization License and Consent Statement pursuant to Minnesota statutes Organization name `Ott,J6', c Ct J I r `rt t5 6 1��License number Q Q -7 Q-- Check the position: VChief executive officer Treasurer Effective date of officer change Q / I_/ Q La Officer`s first name f Middle name I Last name I Maiden or previous name �'oslr�N Horne address I Al 3 o ►J I &.44-r i N &A-LIE S T NW City GOON rWi D S She M N Zips S5q y yr Is this the business address of your organization? _ yes >c no Social securely number. 4 S - OU D Date of birth (n— i ' 7 3 y Officer's daytime contact phone number, including area code ! , I f2 - 316 - 4 4 % 0 e-mail address (optional) oath I affirm that the information stated above'is accurate and that: I have never been convicted of a felony or gross misdemeanor involving theft or fraud. • i have never been convicted of a crime involving gambling. I have never had a Ik ense issued by the board or direct —or permanently revoked for violation of law or board rule. In addition, I understand, agree, and hereby irrevocably consent that suits and actions relating to the subject matter of the organization license application, or acts or omissions arising from such application, may be commenced against my organization and i will accept the service of press for my organization in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process, or pleading authorized by the laws of Minn ota. By Signature �"1� Date signature of this document, the undersigned authorizes the Department of Public Safety to conduct a criminal background check or review and to share the results with the Gambling Control Board. Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. if flubs form 15 being submitted for a change fI) -the chief executive officer, the chief executive officer also affirms that: I am the chief executive officer of the organization; I assume full responsibility for the fair and lawful operation of ad aditrifies to be conducted; and I witi famtfiarize myself with the taws of Minnesota governing lawful gambling and rules of the Board, and agree to abide by those laws and rules, including amendments to them. Mail this form to: Gambling Control Board Suite 300 south 1711 West County Road B Roseville, MN 55113 s This form will be made available in alternative format (i.e. large print, Braille) upon request. Call the Licensing Section of the Gambling Control Board at 651-639-40M if you have questions about this form. if you use a TTY, call the Board by using the Minnesota Relay Service and ask to place a call to 651- 639 -4000. The information requested on this form, with the exception of your social security number, will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Minnesota Lawful Gambling 6/05 LG200B organization officers Affidavit Affidavit of Qualification of Officers for an Organization License and Consent Statement pursuant to Minnesota statutes License numbery�),Q� Organization name Check the position: Chief executive officer ✓ Treasurer Effective date of officer. change+;�� Officer's first name Middle name Last name Maiden or previous name Home address of a r!/1 P l a'CL N� city � .,, ,,,.. „, �. State %1 � n Zip code 55y2l J i Is this the business address of your organization? —yes no Social security number 7 �P b - $g - U 93 Date of birth - �a - 33p -Sy�i Officer's daytime contact phone number, including area code e -mail address (optional) CS�'u�fOG� ea Kcal -- r) + Oath I affirm that the information stated above is accurate and that: • I have never been convicted of a felony or gross misdemeanor involving theft or fraud. • 1 have never been convicted of a crime involving gambling. • I have never had a license issued by the board or difector permanently revoked for violation of law or board rule. In addition, I understand, agree, and hereby irrevocably consent that suits and actions relating to the subject matter of the organization license application, or acts or omissions arising from such application, may be commenced against my organization and I will accept the service of process for my organization in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process, or pleading authorized by the laws of Minnesota. By signature of this document, the undersigned authorizes the Department of Public Safety to conduct a criminal background check or review and to share the results with the Gambling Control Board. Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. If this form is being submitted for a change in the chiet executive officer, the chief executive officer also affirms that: I am the chief executive officer of the organization; I assume full responsibility for the fair. and lawful operation of all activities to be conducted; and I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board, and agree to abide by those laws and rules, including amendments to them. Date (v" 9 'O Signature �-0('9 Mail this form to: Gambling Control Board Suite 300 S6uth 1711 West County Road B Roseville, MN 55113 This form will be made available In alternative format (i.e. large print. Braille) upon request. Cali the Licensing Section of the Gambling Control Board at 651- 639 -4000 if you have questions about this form. if you use a TTY, call the' Board by using the Minnesota Relay Service and ask to place a call to 651 - 639 -4000. The information requested on this form, with the exception of your social security number, will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA NO: S7 ITEM: RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR ZONES IB, 2 AND 3 STREET REHABILITATION PROGRAM Meeting of: 10/9/06 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hanse BY: DATE: 10/2/0 DATE: Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis /Conclusions: The attached resolution calls for the City Engineer to prepare the required report for the 2007 Street Rehabilitation program in Street Zones 113, 2, and 3 and generally bounded by Reservoir Boulevard on the east, Stinson Boulevard on the west lying within 37`x' to 45`x' Avenues; and that area east of Central Avenue and north of 45`x' Avenue, with the exception of Central Avenue to Taylor Street, 45`1' to 47`' Avenues. A separate Public Improvement Hearing would need to be held for these segments of roadways following completion and acceptance of the feasibility report. Recommended Motion: Move to waive the reading of Resolution No. 2006 -174, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2006 -174, being a Resolution ordering the preparation of a feasibility report for Zones 1B, 2 and 3 Street Rehabilitation Program. am Attachments: Resolution 2006 -174 COUNCIL ACTION: t k, 1 r2 Eli 11 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ZONES 1B 2, AND 3 STREET REHABILITATION PROJECT #0702 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zones 1 B, 2 and 3 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 10313.201 to 10313.251, as follows: 2007 -02 ZONES 1B, 2 AND 3 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this Q"' day of October 2006, CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of. 10/9/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: � -A - PUBLIC WORKS ITEM: RESOLUTION ORDERING PREPARATION OF BY: K. Hansen BY: FEASIBILITY REPORT(S) FOR ZONE 7 SEAL COATING DATE: 10/5 /0 DATE: PROJECT #0701 Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis /Conclusions: The attached resolution calls for the City Engineer to prepare the required reports for the Zone 7 Seal Coat Street Rehabilitation Programs. The Zone 7 seal coat streets would include all other streets in the Zones 7A and 7B program areas that did not receive major work in 2004 or 2006. Our proposed schedule calls for holding the improvement hearing for the project in January 2007. Under this schedule, the project would be bid in February or March. Recommended Motion: Move to waive the reading of Resolution 2006 -175, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2006 -175, being a Resolution ordering the preparation of a report for proposed Zone 7 Seal Coat Street Rehabilitation Program, Project #0701. KH:jb Attachments: Resolution 2006 -175 COUNCIL ACTION: RESOLUTION NO. 2006 -175 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ZONE 7 SEAL COAT REHABILITATION PROGRAM PROJECT #0701 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 7 have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2007 -01 ZONE 7 SEAL COAT REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 9"' day of October, 2006. Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk CITY OF COLUMBIA HEIGHTS I: Gary Peterson, Mayor CITY COUNCIL LETTER Meeting of: 10/9/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: A PUBLIC WORKS f ITEM: FINAL PAYMENT FOR ZONE IA SEAL COAT BY: K. Hansen BY: PROJECT #0601 DATE: 10/5/06 DATE: Background: The Contractor has completed the 2006 Seal Coat project. This program consisted of applying an asphalt emulsion and cover aggregate on bituminous streets in Zone I and other areas. Analysis /Conclusions: At the recent Assessment Hearing, one resident expressed concern about the quality of the seal coat application. The City Engineer has met with this resident and addressed his concern. Also, staff has checked with the City of Coon Rapids and found there have not been any complaints concerning the quality of seal coat in other communities. Staff recommends final payment be made to the Contractor. Recommended Motion: Move to accept the work for 2006 Seal Coat, City Project #0601 and authorize final payment of $2,466.40 to Allied Blacktop Company of Maple Grove, Minnesota. Attachment: Engineer's Report of Final Acceptance COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2006 STREET SEAL COAT PROJECT ZONE IA CITY PROJECT NUMBER 0601 October 5, 2006 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Allied Blacktop Company. The work consisted of bituminous seal coat application. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 64,175.75 CHANGE ORDERS $ 0.00 FINAL CONTRACT AMOUNT $ 64,175.75 FINAL WORK APPROVED $ 49,328.10 ALL PRIOR PAYMENTS ($46,861. BALANCE DUE $ 2,466.40 Sincerely, CIT F OLU BIA HEIGHTS r Kev� R. Hansen 911�n City Engineer CITY COUNCIL LETTER Meeting of. 10/9/06 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: - PUBLIC WORKS ITEM: AWARD OF FLOOR COATING FOR MAIN BY: BY`° GARAGE FLOOR OF MUNICIPAL SERVICE DATE: 10/5/06 DATE: CENTER Background: The City has spot repaired the garage floor and applied a protective epoxy coating to preserve the structural integrity of the concrete slab on a regular basis, at approximately 5 -year intervals. A protective coating was last applied in 2000 and was delayed from 2005 to allow for the completion of the MSC Renovation Project. This work is budgeted in the Public Works Central Garage budget in 2006. Analysis /Conclusions: Doctor Floorcoat Company submitted the low bid in the amount of $25,080.00. Staff considers this work routine and necessary maintenance to protect the structural integrity of the floor and recommends award of the project, with funding provided from Central Garage Fund 701- 49950 -5120. A summary of the bids received is as follows: 1. Doctor Floorcoat Company $25,080.00 2. Advantage Coating, Inc. $25,412.70 3. Dan Treb Commercial Painting $34,400.00 4. TMI Coatings, Inc. $44,076.00 The work scope includes: sanding and vacuuming the existing floor for bonding, spot repair bare or delaminated areas, apply a 8 mil epoxy coating, apply a urethane topcoat with sand texture, and apply yellow traffic line striping. Recommended Motion: Move to award the Garage Floor Coating Project to the Doctor Floorcoat Company in the amount of $25,080.00 based upon their low qualified responsible bid with funds to be appropriated from 701- 49950 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: CITY COUNCIL LETTER MF.F.TTNCT OF- OC TORFR 9 ?006 AGENDA SECTION: CONSENT ORIGINATING DEPTS: CITY MANAGER NO: PUBLIC WORKS APPROVAL _ 0 FIRE FINANCE ITEM: RESOLUTIONS CERTIFYING BY: KEVIN HANSEN BY: PETITION AND WAIVER GARY GORMAN ` ASSESSMENTS, ABATEMENTS, WILLIAM ELRITE DELINQUENT UTILITIES AND MISCELLANEOUS CHARGES DATE: OCTOBER 5, 2006 NO: Each year the City Council adopts resolutions to certify special assessments to Anoka County for Petition and Waiver assessments, unpaid costs of abatements, delinquent utility bills, and other delinquent miscellaneous charges for collection. For 2006 these assessments have been broken down into four separate resolutions covering the different types of assessments. Resolution 2006 -191 Petition and Waiver Assessments This assessment consists of 14 properties totaling $11,839.50 for stop box repairs and four properties totaling $7,840.00 for water service replacement. The assessment term is 10 years with an interest rate of 6 %. Resolution 2006 -171 Assessment for Abatements This resolution sets assessments totaling $3,107.35 for abatements on eight properties for nuisance violations. The term of the assessment is one year with an interest rate of 6 %. Resolution 2006 -172 Assessment for Abatements This resolution sets the assessment for 4315 -17 -21 Fifth Street for nuisance violations totaling $50,000.06. The assessment term is 10 years at an interest rate of 6 %. Resolution 2006 -173 Certification of Delinquent Utilities and Miscellaneous Charges This resolution covers 70 assessments totaling $34,258.96 for a term of one year and an interest rate of 6 %. RECOMMENDED MOTION: Move to waive the reading of Resolutions 2006 -171, 2006 -172, 2006 -173 and 2006 -191 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006 -191 being a resolution to Certify Petition and Waiver Assessments, Resolution 2006 -171 being a resolution for Assessment for Abatements Project No. 2006 -SP -49 -002, Resolution 2006 -172 being a resolution for Assessment for Abatements Project No. 2006 -SP -49 -001, and Resolution 2006 -173 being a resolution for Certification of Delinquent Utility and Miscellaneous Charges certifying assessments to Anoka County for collection with the property taxes payable in 2007. WE:sms 0610021 COUNCIL Attachments COUNCIL ACTION: RESOLUTION NO. 2006-191 BEING A RESOLUTION TO CERTIFY PETITION AND WAIVER ASSESSMENTS WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public hearings and appeals as provided in Minnesota State Statute; and, WHEREAS, said improvements have been completed; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Petition and Waiver Construction Work" numbered 2005 -SP -31 -002 and 2006 -SP -31 -001. Section 2: That said assessments may be paid in part or in full without interest on or before November 8, 2006. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2007. The annual principal installments, together with 6.0% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years. Section 3: This resolution shall take effect immediately upon its passage. Dated this 91h day of October 2006. Offered by: Seconded by: Roll Call: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 -3878 (763) 706 -3700 (763) 706 -3701 www.ci.columbia- heights.mnus Actual Assessment Amounts (summary) Project 2006 -SP -31 -001 Special PETITION /WAIVER CONSTR. WORK Assessment Term (Years): 10 Proposed Interest Rate: 6.000% PIN Address Actual Assessment Amount 26- 30 -24 -13 -0043 4950 MADISON STREET $ 1,180.00 26- 30 -24 -13 -0045 4940 MADISON STREET $ 1,180.00 26- 30 -24 -13 -0051 4906 MADISON STREET $ 150.00 26 -30- 24-13 -0067 5037 MADISON STREET $ 150.00 26- 30 -24 -13 -0078 5019 MADISON STREET $ 1,480.00 26- 30 -24 -13 -0079 5025 MADISON STREET $ 1,480.00 26- 30 -24 -13 -0091 5006 MADISON STREET $ 1,180.00 26 -30 -24-42 -0003 690 48TH AVENUE $ 150.00 26 -30- 24-42 -0004 684 48TH AVENUE $ 150.00 26- 30-24 -42 -0044 4860 MONROE STREET $ 150.00 26- 30 -24 -42 -0046 4852 MONROE STREET $ 1,779.50 26 -30 -24-42 -0047 4842 MONROE STREET $ 1,480.00 26 -30 -24-42 -0064 4850 MADISON STREET $ 1,180.00 26 -30 -24-42 -0090 4832 MADISON STREET $ 150.00 fm Project Page 1 City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 -3676 (763) 706 -3700 (763) 706 -3701 www.d.columbia-heights.mn.us Actual Assessment Amounts (summary) Project 2005 -SP -31 -002 Special PETITION/WAIVER CONSTR. WORK Assessment Term (Years): 10 Proposed Interest Rate: 6.000% PIN Address Actual Assessment Amount 26- 30 -24 -13 -0142 4912 JEFFERSON ST 35- 30 -24 -44 -0081 3820'C/AN BUREN ST 35- 30 -24 -44 -0086 3728 VAN BUREN ST 35- 30 -24 -44 -0094 3719 JACKSON ST Project $ 1,960.00 $ 1,960.00 $ 1,960.00 $ 1,960.00 Page 1 RESOLUTION NO. 2006-171 ASSESSMENT FOR ABATEMENTS PROJECT NO. 2006-SP-49-002 Resolution of the City Council for the City of Columbia Heights approving costs and charges according to the City Charter for the following abatements performed on the real property listed on the assessment roil and determining that said abatements have been completed and ratifying and conforming all other proceedings for Project No. 2006 -SP -49 -0002. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, held a public hearing for each property listed on the assessment roll, where the property owner of record and all persons interested could appear and be heard by the Council with respect to the public nuisance; and, WHEREAS, this Council has approved the Resolutions listed on the assessment roll declaring the above mentioned properties a nuisance and ordered the abatement of the violations of said nuisance in accordance with ordinance code section 8.602; and, WHEREAS, the City of Columbia Heights performed abatements on each property listed on the assessment roll and has incurred costs which have been invoiced to the property owners; therefore: THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Abatements, Project No. 2006 -SP -49 -002. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was a nuisance in accordance with City of Columbia Heights Ordinance Code section 8.602 and did accrue costs in the amount in the column headed "Assessment Amount ". And this Council further finds and determines that the cost of these abatements be assessed against such lot or parcel of land. Section 3: That said assessments may be paid in part or in full without interest on or before November 15, 2006. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2007. The annual principal installments, together with 6% accrued on the unpaid balance are due and payable with the real estate taxes for a period of one year(s) as designated by the City Council. Section 4: That this Council did hereby determine to proceed with said project, does ratify and confirm all other proceedings heretofore had in regard to this project, and said project shall hereafter be known and numbered as City Project No. 2006 -SP -49 -002. Section 5: This resolution shall take effect immediately upon its passage. Passed this 9`" day of October, 2006. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary FIRE DEPARTMENT ABATEMENTS PROJECT NUMBER 2006 -SP -49 -002 PIN Number Name Address Resolution Total No. Certified 35- 30 -24 -12 -0204 George Powell 4310 Washington St NE 2005 -69 $434.06 26- 30 -24 -43 -0139 Aurora Loan Services 666 46 -1/2 Ave NE 2006 -46 $1856.99 35- 30 -24 -13 -0146 Debra Langel Scott Brozek 4141 Jefferson St. NE 2006 -54 $1394.97 36- 30 -24 -11 -0002 Mortgage Electronic 2348 45`h Ave NE 2006 -71 $576.37 Registration Syatem 35- 30 -24 -24 -0092 Lovie D. Diaz- Valdes 4112 7th St. NE 2006 -73 $566.46 25- 30 -24 -33 -0129 Lidia G. Cumbe Olguer O. Ovillo 4636 Filimore St. NE 2006 -80 $1293.10 26- 30 -24 -24 -0161 Guy Radke 1h John Krebsbach 49155 St NE 2006 -75 $240.26 35- 30 -24 -13 -0131 Anastasia Mwaura 4126 Madison St. NE 2006 -62 $431.16 RESOLUTION NO. 2006-172 ASSESSMENT FOR ABATEMENTS PROJECT NO. 2006-SP-49-001 Resolution of the City Council for the City of Columbia Heights approving costs and charges according to the City Charter for the following abatements performed on the real property listed on the assessment roll and determining that said abatements have been completed and ratifying and conforming all other proceedings for Project No. 2006 -SP -49 -001. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, held a public hearing for each property listed on the assessment roll, where the property owner of record and all persons interested could appear and be heard by the Council with respect to the public nuisance; and, WHEREAS, this Council has approved the Resolutions listed on the assessment roll declaring the above mentioned properties a nuisance and ordered the abatement of the violations of said nuisance in accordance with ordinance code section 8.602; and, WHEREAS, the City of Columbia Heights performed abatements on each property listed on the assessment roll and has incurred costs which have been invoiced to the property owners; therefore: THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Abatements, Project No. 2006 -SP -49 -001. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was a nuisance in accordance with City of Columbia Heights Ordinance Code section 8.602 and did accrue costs in the amount in the column headed "Assessment Amount ". And this Council further finds and determines that the cost of these abatements be assessed against such lot or parcel of land. Section 3: That said assessments may be paid in part or in full without interest on or before November 15, 2006. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2007. The annual principal installments, together with 6% accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten year(s) as designated by the City Council. Section 4: That this Council did hereby determine to proceed with said project, does ratify and confirm all other proceedings heretofore had in regard to this project, and said project shall hereafter be known and numbered as City Project No. 2006 -SP -49 -001. Section 5: This resolution shall take effect immediately upon its passage. Passed this 9thday of October 2006. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ASSESSMENT ROLLS FIRE DEPARTMENT ABATEMENTS PROJECT NUMBER 2006 -SP -49 -001 PIN Number Name Address Resolution Total No. Certified 4315 St St. NE 35- 30 -24 -21 -0165 Harold O. Hoium 4317 5th St NE 2005 -52 $50,000.06 4321 5th St NE RESOLUTION NO. 2006-173 CERTIFICATION OF DELINQUENT UTILITY AND MISCELLANEOUS CHARGES BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and is hereby directed, to levy delinquent utility and delinquent miscellaneous bills on the properties in the City of Columbia Heights as listed on page two of this resolution and filed in the Assessment Book for 2006 totaling $34,258.96. BE IT FURTHER RESOLVED that the foregoing principal amounts together with 6% interest accrued on the unpaid balance shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments." SAID CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All delinquent utility and miscellaneous bills with penalties as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these utility and miscellaneous bills until November 15, 2006. Upon receipt of said payments, the City will remove them from the certification list sent to Anoka County. Passed t his 9th day of October, 2006 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary City Of Columbia Heights 2006 Assessment Role: Delinquent Utility and Miscellaneous Charges *Assessment amount includes the amount of the original delinquent invoice plus a 9% administrative charge PIN Number Property address Assessment* Service Type 25- 30 -24 -32 -0046 1204 Cheery Lane 88.33 Utility 35- 30 -24 -14 -0037 4201 Quincy St NE 100.28 Utility 36- 30 -24 -23 -0499 957 42nd Ave 113.97 Shade Tree 26- 30 -24 -24 -0035 5034 - 6th St NE 114.45 Utility 36- 30 -24 -32 -0029 1134 - 40th Ave NE 116.41 Utility 35- 30 -24 -13 -0146 4141 Jefferson St 116.42 Snow & Ice Abatement 36- 30 -24 -31 -0020 4015 Reservoir Blvd NE 139.42 Utility 35- 30 -24 -24 -0006 4228 - 5th St NE 139.55 Utility 36- 30 -24 -23 -0038 939-94142 1/2 Ave 140.18 Shade Tree 35- 30 -24 -44 -0047 3810 Jackson St NE 184.95 Utility 25- 30 -24 -33 -0055 4546 Tyler St 185.74 Weed Cutting 25- 30 -24 -33 -0110 4532 -34 Fillmore St 185.74 Weed Cutting 25- 30 -24 -33 -0112 4518 Fillmore St 185.74 Weed Cutting 25- 30 -24 -34 -0014 1401 -03 Parkview 185.74 Weed Cutting 25- 30 -24 -41 -0051 4774 Upland Crest 185.74 Weed Cutting 35- 30 -24 -11 -0010 4410 Central Ave 185.74 Weed Cutting 35- 30 -24 -11 -0010 4410 Central Ave 185.74 Weed Cutting 35- 30 -24 -11 -0011 4400 Central Ave 185.74 Weed Cutting 35- 30 -24 -11 -0011 4400 Central Ave 185.74 Weed Cutting 35- 30 -24 -21 -0144 4345 4th St NE 185.74 Weed Cutting 35- 30 -24 -23 -0001 4258 2nd St NE 185.74 Weed Cutting 35- 30 -24 -24 -0091 4118 7th St NE 185.74 Weed Cutting 36- 30 -24 -11 -0002 2348 45th Ave NE 185.74 Weed Cutting 36- 30 -24 -32 -0044 970 40th Ave 185.74 Weed Cutting 36- 30 -24 -33 -0042 1100-1102 39th Ave 185.74 Weed Cutting 36- 30 -24 -33 -0076 3846 Tyler St 185.74 Weed Cutting 36- 30 -24 -43 -0040 1611 37th Ave 185.74 Weed Cutting 35- 30 -24 -14 -0037 4201 Quincy St NE 191.13 Utility 35- 30 -24 -22 -0100 4338 - 2nd St NE 199.58 Utility 35- 30 -24 -42 -0099 666 - 40th Ave NE 210.15 Utility 35- 30 -24 -41 -0015 4055 Monroe St 220.28 Shade Tree 26- 30 -24 -21 -0015 5140 - 7th St NE 229.15 Utility 36- 30 -24 -23 -0059 1140 -42 45th Ave 236.56 Shade Tree 26- 30 -24 -34 -0042 4541 - 6th St NE 266.32 Utility 25- 30 -24 -44 -0064 4524 Stinson Blvd 292.96 Utility 36- 30 -24 -31 -0029 1243 Circle Terr Blvd 299.41 Utility 36- 30 -24 -11 -0002 2348 - 45th Ave NE 310.13 Utility 36- 30 -24 -43 -0040 1611 - 37th Ave NE 347.85 Utility 25- 30 -24 -33 -0069 4546 Polk St NE 371.47 Weed Cutting 36- 30 -24 -34 -0068 1215 37th Ave NE 371.47 Weed Cutting 25- 30 -24 -33 -0110 4534 Fillmore St NE 384.18 Utility 35- 30 -24 -13 -0192 4149 - 7th St NE 392.12 Utility 26- 30 -24 -13 -0021 4915 - 7th St NE 442.93 Utility 26- 30 -24 -24 -0169 4959 5th St 479.73 Shade Tree 36- 30 -24 -13 -0057 4140 Tyler St NE 496.42 Utility 35- 30 -24 -11 -0010 4410 Central Ave NE 511.83 Utility City Of Columbia Heights 2006 Assessment Role: Delinquent Utility and Miscellaneous Charges *Assessment amount includes the amount of the original delinquent invoice plus a 9% administrative charge 36- 30 -24 -21 -0080 4408 Mc Leod St NE 535.07 Utility 35- 30 -24 -14 -0104 4109 Quincy St NE 569.79 Utility 36- 30 -24 -32 -0044 970 - 40th Ave NE 603.61 Utility 25- 30 -24 -33 -0049 4621 Central Ave NE 642.97 Utility 36- 30 -24 -14 -0022 4152 Cleveland St NE 643.84 Utility 36- 30 -24 -31 -0051 4002/04 Reservoir Blvd NE 646.92 Utility 36- 30 -24 -21 -0163 1415 - 43rd Ave NE 718.83 Utility 35- 30 -24 -31 -0084 546 Summit St 782.45 Shade Tree 25- 30 -24 -33 -0110 4532 Fillmore St NE 813.28 Utility 25- 30 -24 -32 -0037 1211 Cheery Lane 828.06 Utility 35- 30 -24 -13 -0131 4126 Madison St NE 849.84 Utility 26- 30 -24 -24 -0081 5052 - 4th St NE 875.89 Utility 35- 30 -24 -43 -0021 588 38th Ave NE 879.18 Shade Tree 25- 30 -24 -33 -0021 4655/57 Polk St NE 972.81 Utility 25- 30 -24 -32 -0037 1213 Cheery Lane $ 1,112.30 Utility 25- 30 -24 -33 -0025 4634/36 Polk St NE 1,224.99 Utility 25- 30 -24 -34 -0014 1401 -03 Parkview 1,351.60 Stop Box Repair 26- 30 -24 -24 -0159 4905 5th St NE 1,351.60 Stop Box Repair 35- 30 -24 -44 -0015 3906 Van Buren St NE 1,517.04 Utility 25- 30 -24 -33 -0066 4545 Central Ave NE 1,580.50 Stop Box Repair 25- 30 -24 -34 -0014 1401/03 Parkview Lane NE 1,670.58 Utility 25- 30 -24 -33 -0110 4532 -34 Fillmore St 1,711.30 Stop Box Repair 35- 30 -24 -41 -0164 4020 Quincy St 1,711.30 Stop Box Repair Totals $ 34,258.96 CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER _ NO: _ _ _ APPROVAL ITEM: Rental Housing License BY: Gary Gorman BY:� w Applications NO: DATE: October 3, 2006 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for October 9, 2006. COUNCIL ACTION: LICENSE_Ltr to Approve Licenses 2006 Occupany I.D. Property Owner Name Property Address 20083 Key Point Property Management 4645 WASHINGTON 20107 Key Point Property Management 4125 2ND 20173 Key Point Property Management 4644 WASHINGTON 20254 Crystal Corporation 1349 CIRCLE TERRACE 10066 Shirley Apollo 3971 JOHNSON 12163 Carl Berg 4209 WASHINGTON 10026 Ricardo Cadman 3947 ARTHUR 10148 Ricardo Cadmen 1131 40TH 20262 John Egelkrout 4307 7TH 20132 Judith Germain 1355 CIRCLE TERRACE 10140 Arvella Greenway 3807 Gauvitte 10068 Dennis Hackett 567 37th 12095 Mary Jenkins 617 51 ST 30011 Michael Juaire 4255 3RD 20134 Burton Kegan 1116 45TH 10035 Gina Kilgore 4753 UPLAND 10085 Gina Kilgore 4542 HEIGHTS 34006 Kris Knox 626 40TH 12002 Michael Kress 3714 VAN BUREN 20034 Rose Maciaszek 4401 JACKSON 20035 Rose Maciaszek 4407 JACKSON 20038 Rose Maciaszek 4400 VAN BUREN 20039 Rose Maciaszek 4404 VAN BUREN 12130 Duncan McClellan 4420 MONROE 30035 Robert Mikulak 228 40TH 12147 Kathryn Morales 673 51 ST 10195 Cory Neubert 4325 MCLEOD 10143 Brian O'Connell 4408 MONROE 20125 Karen Pelak 561 51 ST 10164 Manuel Ramon 4650 7TH 20182 Juan Roddy 4515 FILLMORE 10196 Jose Sanchez 3915 Tyler 12052 Linda Sawochka 838 40TH 10106 Walter Sentyrz 3721 VAN BUREN 12007 Mary Shaw 4212 WASHINGTON 10053 Gary Skalicky 4220 Quincy 12083 David Smyrak 4004 Reservoir 34013 Martin Terveer 4210 Quincy 10154 Terry Vanatta 4748 7TH 10/06/2006 08:39 Page 1 CITY COUNCIL LETTER Meeting o£ October 9, 2006 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: October 5, 2006 BY: , BACKGROUND /ANALYSIS Attached is the business license agenda for the October 9, 2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006. Also included on the agenda are the renewals for calendar year 2007 that have been received and approved to date, as well as the renewal of the Currency Exchange License for Kwik Cash operating at 4639 Central Ave. This type of business is actually licensed by the State of MN. However, pursuant to MN Statute 53 A.04, the State is required to submit the application to the governing body of the municipality in which the business operates. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. I forwarded this application to the Police Dept and they see no reason to deny the renewal of this license. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. [NX0 ►7 i1% ff)j 2 17u [[111#030 Move to approve the items as listed on the business license agenda for October 9, 2006 as presented. x6amwe as s TO CITY COUNCIL October 9, 2006 *Signed Waiver Form Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *G & J Awning & Canvas 1260 10`h St. Sauk Rapids $60.00 *Market Mechanical 8701 Wyoming Ave N, Brk Pk $60.00 *Twin Cities Sign Images 17201 113 1h Ave N #104, Osseo $60.00 Gerald McKinney 315 Madison St S. Edina $60.00 FUEL DISPENSING DEVICES FOR 2007 FIRE Speedway Superamerica (10) 5000 Central Ave NE $140 Holiday Stationstores (14) 4259 Central Ave NE $180 CURRENCY EXCHANGE LICENSE RENEWAL POLICE KWIK Cash 4639 Central Ave State Lic. A- C2- CITY OF COLUMBIA HEIGHTS rlNAl,tCE DEPARTMENT COUNCIL MMETING OF: STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number g through in the amount of T These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FINANCIAL SYSTEM 10/05/2006 11:23:07 thru Source Codes ................ CITY OF COLUMBIA HEIGHTS Journal Entry Dates......... Check History GL050S-V06.70 COVERPAGE Check Number.. ...... .... — 118710 thru 118899 Project ..................... GL540R Vendor ...................... thru Invoice ..................... C 0 U N C I L thru Bank ........................ C 0 U N C I L thru Released Date ............... C 0 U N C I L thru Run Instructions: C 0 U N C I L Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y Report Selection: Optional Report Title ... —.10/09/2006 COUNCIL LISTING INCLUSIONS: Fund & Account. ............. thru Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... thru Journal Entry Ids........... thru Check Number.. ...... .... — 118710 thru 118899 Project ..................... thru Vendor ...................... thru Invoice ..................... thru Purchase Order .............. thru Bank ........................ thru Voucher .................... thru Released Date ............... thru Cleared Date ................ thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM 10/05/2006 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R- V06.70 PAGE 1 10/09/2006 COUNCIL LISTING CHECK NUMBER AMOUNT AARP 118710 280.00 AMERICAN BOTTLING COMPAN 118711 204.19 ARCH WIRELESS 118712 84.32 BEARD /DE ANN 118713 35.00 BELLBOY CORPORATION 118714 14,874.30 BRADLEY REAL ESTATES INC 118715 11,885.12 CANDIA /EMILIO 118716 185.99 CAPITOL BEVERAGE SALES L 118717 22,418.49 CHISAGO LAKES DISTRIBUTI 118718 2,520.31 COCA -COLA BOTTLING MIDWE 118719 181.10 COLUMBIA HEIGHTS I 118720 5,581.28 CORBETT /ELIZABETH 118721 188.00 CUSTOM REMODELERS INC 118722 66.60 DEX MEDIA EAST LLC 118723 194.80 DUGDALE /MARY 118724 60.00 FARNER - BOCKEN 118725 4,488.60 G & K SERVICES 118726 103.81 GENUINE PARTS /NAPA AUTO 118727 333.52 GRIGGS- COOPER & CO 118728 31,269.50 HENRY P HENRY 118729 299.00 HOHENSTEINS INC 118730 2,492.35 HONEYWELL INC 118731 653.00 JENSEN /JIM 118732 35.00 JJ TAYLOR DIST OF MN 118733 13,699.20 JOHNSON BROS_ LIQUOR CO. 118734 22,113.18 KILLINGHAM /DEBORAH 118735 35.00 MAT PROPERTIES 118736 70.68 MENARDS CASHWAY LUMBER -F 118737 155.06 MINNESOTA COACHES 118738 999.60 MN DEPT OF LABOR & INDUS 118739 35.00 NEXTEL COMMUNICATIONS 118740 369.98 PROSHEK /ROBERTA 118741 98.00 SAMAROO /TREVOR 118742 244.56 SHAMROCK GROUP /ACE ICE 118743 526.80 STANLEY /BONNIE 118744 129.15 TDS METROCOM 118745 455.04 THOMPSON /SHARON 118746 35.00 UNIVERSITY OF MINNESOTA 118747 100.00 WELLS FARGO BANK 118748 2,195.61 WINGER /CHRISTINE 118749 45.00 XCEL ENERGY (N S P) 118750 6,040.19 CITY OF COLUMBIA HEIGHTS 118751 1:39,815.10 ACS 118752 45.00 BORDER FOODS INC 118753 1,965.04 CAPITOL BEVERAGE SALES L 118754 :14,818.85 CARMIKE CINEMAS 118755 216.00 CHISAGO LAKES DISTRIBUTI 118756 4,502.23 ACS FINANCIAL SYSTEM 10/05/2006 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R- V06.70 PAGE 2 10/09/2006 COUNCIL LISTING CHECK NUMBER AMOUNT COSTELLO /TOM 118757 164.01 DEEP ROCK WATER COMPANY 118758 117.14 DEX MEDIA EAST LLC 118759 50.80 ESCHELON 118760 157.47 FARNER- BOCKEN 118761 1,362.60 G & K SERVICES 118762 49.71 GENUINE PARTS /NAPA AUTO 118763 473.46 GORMAN /GARY 118764 8.98 GRIGGS- COOPER & CO 118765 1,965.75 HOHENSTEINS INC 118766 2,341.30 JOHNSON BROS. LIQUOR CO. 118767 21,487.19 MARK VII DIST. 118768 10,130.98 MEDICINE LAKE TOURS 118769 4,361.00 MN DEPT OF ADMINISTRATIO 118770 510.11 MUSCOVITZ /PATRICIA 118771 17.80 OKERSTROM /LEE 118772 207.90 PETTY CASH - JOANNE BAKE 118773 88.04 PHILLIPS WINE & SPIRITS 118774 6,340.79 QUALITY WINE & SPIRITS 118775 :_7,687.23 RIVER VALLEY RANCH 118776 1,080.00 ROBERT SCOTT LAKE INC 118777 122.60 VERIZON WIRELESS 118778 429.52 XCEL ENERGY (N S P) 118779 17,375.30 ACE HARDWARE 118780 13.40 AID ELECTRIC SERVICE INC 118781 5,384.10 ALL SAFE FIRE & SECURITY 118782 42.35 ALLIED /BFI WASTE SYSTEMS 118783 176,841.94 ALPHA VIDEO & AUDIO, INC 118784 180.00 AMERICAN WATER WORKS ASS 118785 99.50 AMERIPRIDE 118786 75.87 ANCOM COMMUNICATIONS INC 118787 104.59 ANOKA COUNTY 118788 1,555.30 ANOKA COUNTY HISTORICL S 118789 33.45 ANOKA COUNTY LIBRARY 118790 100.00 ANOKA CTY - CENTRAL COMM 118791 528.44 ASTLEFORD INTERNATIONAL 118792 540.77 ATLAS AUTO BODY, INC 118793 1,591.74 BAKER & TAYLOR 118794 1,975.68 BAKER & TAYLOR ENTERTAIN 118795 585.11 BOYER TRUCKS 118796 38.91 BREDEMUS HARDWARE COMPAN 118797 51.66 BRODART 118798 373.00 CAMDEN PET HOSPITAL, INC 118799 2,061.00 CANADIAN PACIFIC RAILWAY 118800 524.92 CATCO PARTS SERVICE 118801 71.89 CCP INDUSTRIES 118802 119.72 CHILDREN'S BOOK COUNCIL 118803 41.50 ACS FINANCIAL SYSTEM 10/05/2006 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R- V06.70 PAGE 3 10/09/2006 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF PLYMOUTH 118804 50.00 CITY PAGES 118805 450.00 CLARK PRODUCTS INC 118806 144.29 COLUMBIA HEIGHTS VOLUNTE 118807 103,739.00 COMMERCIAL POOL -SPA SUPP 118808 88.30 CONTRACTORS & SURVEYORS 118809 134.61 DARE AMERICA MERCHANDISE 118810 216.00 DEMCO, INC. 118811 192.12 ELECTRIC SYSTEMS OF ANOK 118812 14,900.00 EMBROIDERY & MORE 118813 64.59 EMERGENCY APPARATUS MAIN 118814 3,177.00 EMERGENCY AUTOMOTIVE TEC 118815 95.17 FIRE GUARD SPRINKLER SER 118816 165.00 FIREHOUSE 118817 30.00 FLEX COMPENSATION, INC 118818 162.75 FLEXIBLE PIPE TOOL CO. 118819 225.18 G & K SERVICES 118820 945.43 GENE'S WATER & SEWER INC 118821 3,639.50 GENUINE PARTS /NAPA AUTO 118822 551.48 GIS RANGERS LLC 118823 6,196.83 GOOD WRITING FOR GOOD RE 118824 45.60 GOODIN CO. 118825 14.59 HARBOR FREIGHT TOOLS 118826 52.11 HEIGHTS BAKERY 118827 46.80 HEIGHTS - NORTHEAST WELDIN 118828 50.00 HOME DEPOT #2802 118829 47.66 INFO USA MARKETING INC 118830 565.00 INTEGRATED LOSS CONTROL 118831 352.00 INTERNATIONAL UNION OF 118832 700.00 INTOXIMETER INC 118833 133.66 IPC PRINTING 118834 134.97 ISANTI COUNTY EQUIPMENT 118835 90.53 JOHNSON /PAUL S 118836 306.00 JULIAN M JOHNSON CONSTRU 118837 3,435.00 K & S ENGRAVING 118838 23.32 KENNEDY & GRAVEN 118839 5,270.88 KROMER COMPANY 118840 13.65 LAKE RESTORATION INC 118841 550.00 LAKE STATE REALTY SERVIC 118842 1,100.00 LANG EQUIPMENT CO. 118843 103.72 LIFELOC TECHNOLOGIES 118844 108.00 MAC QUEEN EQUIPMENT CO_ 118845 26,487.68 MADDEN & ASSOCIATES /FRAM 118846 97.20 MARQUIS WHO'S WHO 118847 170.90 MCCLELLAN SALES 118848 53.25 MENARDS CASHWAY LUMBER -F 118849 391.77 METRO WELDING SUPPLY 118850 142.44 ACS FINANCIAL SYSTEM 10/05/2006 11 CITY OF COLUMBIA HEIGHTS Check History GL540R- V06.70 PAGE 4 10/09/2006 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MIDWAY FORD 118851 533.03 MIDWEST ASPHALT CO_ 118852 209,520.35 MIDWEST LOCK & SAFE 118853 95.85 MINNEAPOLIS SAW CO. 118854 29.71 MN CHIEFS OF POLICE ASSO 118855 788.10 MN DEPT OF ADMINISTRATIO 118856 37.00 MN DEPT OF LABOR & INDUS 118857 3,179.92 MN HISTORICAL SOCIETY 118858 32.50 MTI DISTRIBUTING 118859 1,049.38 NATIONAL WATERWORKS, INC 118860 2,315.52 NORTHERN WATER WORKS SUP 118861 253.49 OFFICE DEPOT 118862 443.56 ONE -CALL CONCEPT- GOPHER 118863 510.70 PAM OIL INC 118864 60.58 PEPSI- COLA -7 UP 118865 330.50 PETERSON /JOHN R 118866 515.75 PIONEER RIM & WHEEL CO. 118867 290.31 PLEAA -PROF LAW ENE ASSIS 118868 30.00 QUICKSILVER EXPRESS COUR 118869 25.14 RANDOM HOUSE, INC 118870 526.60 RECORDED BOOKS 118871 6.95 REED BUSINESS INFORMATIO 118872 197.16 RICOH BUSINESS SYSTEMS 118873 835.86 RR BOWKER 118874 1,553.36 RUFF /LISA 118875 30.00 RYDBERG /SCOTT 118876 45.00 S & T OFFICE PRODUCTS IN 118877 544.02 SCRANTON GILLETTE COMM 118878 45.00 SRF CONSULTING GROUP INC 118879 560.00 STANWAY EXCAVATING 118880 639.00 STAPLES BUSINESS ADVANTA 118881 451.50 STATE OF MINN -DEPT OF CO 118882 187.23 STREICHER'S GUN'S INC /DO 118883 26.00 SUN PUBLICATION 118884 789.48 TOUSLEY FORD 118885 216.72 TRUGREEN CHEMLAWN 118886 39.00 TUBBS /MARSHA 118887 12.50 TWIN CITIES TRANSPORT & 118888 115.02 TWIN CITY HARDWARE 118889 173.18 VALUE LINE PUBLISHING IN 118890 798.00 VERIZON WIRELESS 118891 179.97 VOSS LIGHTING 118892 432.26 WALL STREET JOURNAL /THE 118893 215.00 WERNER ELECTRIC SUPPLY C 118894 69.36 WHEELER HARDWARE COMPANY 118895 401.43 WW GRAINGER.,INC 118896 34.36 YOUNG /KATHY 118897 34.35 ACS FINANCIAL SYSTEM 10/05/2006 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R- V06.70 PAGE 5 10/09/2006 COUNCIL LISTING CHECK NUMBER AMOUNT ZARNOTH BRUSH WORKS, INC 118898 1,318.47 ZEP MANUFACTURING COMPAN 118899 93.09 992,873.31 * ** ACS FINANCIAL SYSTEM 10/05/2006 11 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R- V06.70 PAGE 6 10/09/2006 COUNCIL LISTING CHECK NUMBER AMOUNT RECORDS PRINTED - 000829 992,873.31 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 10/05/2006 11:23:09 Check History GL060S- V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 138,007.44 201 COMMUNITY DEVELOPMENT FUND 1,809.86 212 STATE AID MAINTENANCE 1,010.96 22S CABLE TELEVISION 180.00 240 LIBRARY 7,926.62 261 TWENTY -FIRST CENTURY GRANT 1,311.03 270 DARE PROJECT 216.00 376 TAX INCREMENT BONDS 118.80 402 STATE AID CONSTRUCTION 283.79 415 CAPITAL IMPRVMT - PIR PROD 213,717.18 418 COMMUNITY CTR CAPITAL BLDG 12.10 420 CAP IMPROVEMENT - DEVELOPMENT 6,062.76 431 CAP EQUIP REPLACE - GENERAL 26,470.58 439 FIRE CAPITAL EQUIPMENT 3,177.00 601 WATER UTILITY 9,604.31 602 SEWER UTILITY 5,508.32 603 REFUSE FUND 178,357.25 604 STORM SEWER UTILITY 696.82 609 LIQUOR 222,187.52 651 WATER CONSTRUCTION FUND 13.42 701 CENTRAL GARAGE 10,603.87 720 DATA PROCESSING 1,330.63 875 FISCAL AGENCY: GIS RANGER 6,196.83 880 PERMIT SURCHARGE 3,179.92 881 CONTRIBUTED PROJECTS -REC 14,900.00 883 CONTRIBUTED PROJECTS -GEN 12.50 88S PAYROLL FUND 139,815.05 887 FLEX BENEFIT FUND 162.75 TOTAL ALL FUNDS 992,873.31 BANK RECAP: BANK NAME - - -- ---------------------- - - - - -- BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 992,873.31 992,873.31 CITY COUNCIL LETTER MEETING OF: OCTOBER 9. 2006 AGENDA SECTION: CONSENT NO: ORIGINATING DEPT: FINANCE CITY MANAGER APPROVAL ITEM: ORDINANCE PROVIDING FOR THE BY: WILLIA ELRITE BY: ISSUANCE AND SALE OF APPROXIMATELY $4,430,000 GENERAL OBLIGATION DATE: OCTOBER 5, 2006 IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A NO: Several years ago the City of Columbia Heights started a process of bonding for improvement projects on a three -year cycle rather than bonding on an annual basis. Accumulating the projects and issuing one bond every three years results in a significant cost savings in bond rating fees and legal expenses. The last bond that the City sold was in April of 2003. It is now time to issue another bond to cover project costs for 2004 through 2007. Attached is the ordinance drafted by Steve Bubul of Kennedy & Graven for this sale along with a preliminary estimate of the GO bonds broken down by the various projects. The first reading of this ordinance was on September 25, 2006. At that time there was a question if this bond sale would be by competitive bid. Mark Ruff of Ehlers & Associates, Inc. clarified that the sale will be by competitive bid. The bid results will be presented to the City Council at the time that the actual sale is approved. For additional infonnation, the City had an exclusive underwriting agreement with Miller & Schroeder Financial, Inc. from October 28, 1991 until January 1999. On November 13, 1998 a sixty -day notice was sent to Miller & Schroeder Financial, Inc. canceling the underwriting agreement. The City has received competitive bids on all bonds that have been issued since the cancellation of the underwriting agreement with Miller & Schroeder Financial, Inc. RECOMMENDED MOTION: Move to waive reading of the Ordinance No. 1514 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1514 being an ordinance providing for the issuance and sale of approximately $4,430,000 in General Obligation Improvement and Utility Revenue Bonds, Series 2006A. WE:sms 0610051 COUNCIL Bond ingAttachments Attachments: pdf COUNCIL ACTION: ORDINANCE NO. 1514 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $4,430,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) The City has duly ordered the assessable public improvements designated as Zone 7A 2004 Street Reconstruction Improvements, Zone 7B/IA 2006 Street and Utility Improvements and Huset Parkway Improvements (the Assessed Improvements) pursuant to the provisions of Minnesota Statutes, Chapter 429 (Improvement Act). (b) The City has also proposed or constructed certain improvements to the City's storm sewer, water and sanitary sewer systems (the Utility Improvements) that will be financed with utility system revenues pursuant to the provisions of Minnesota Statutes, Chapter 444 (Utilities Act). (c) It is necessary and expedient to the sound financial management of the affairs of the City to issue General Obligation Improvement and Utility Revenue Bonds Series 2006A (Bonds) in a principal amount not to exceed $4,430,000 pursuant to the Improvement Act, the Utilities Act and the City Charter, to provide financing for the Assessed Improvements and the Utility Improvements. 2. Ehlers & Associates is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1, in accordance with terms of proposal approved by the City Finance Director. The City Council will meet on Monday, November 13, 2006 or such other date specified by the City Manager in accordance with the City Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: September 25, 2006 Second Reading: Offered. By: Seconded By: Roll Call: Date of Passage: Mayor Council Secretary Attest: City Clerk - Treasurer City of Columbia Heights Preliminary Estimates of G.O. Bonds, Series 2006 Zone 7A - 2004 Street Reconstruction Project Outstanding Assessments from 2004 Project 350,000 Subtotal 350,000 Zone 713/1A 2006 Street and Utility Improvements Assessments less 25% Estimated Prepays 650,717 Water and Storm Sewer Portion 281,295 Subtotal 932,012 Huset Parkway Assessments less 10% Estimated Prepays 1,509,956 Water and Storm Sewer Portion 326,680 State Aid /TIF /Other 555,000 Subtotal 2,391,636 Zone 1B, 2, 3 Utility Costs Water and Storm Sewer Portion 305,000 Subtotal 305,000 Water Tower Rehab 2007 Costs 125,000 Subtotal 125,000 Water Cleaning and Lining Program 2006 Costs 120,000 2007 Costs 120,000 Subtotal 2405000 Estimated Costs of Issuance, Rounding, Underwriters' Discount 86,352 Maximum Bonding for Notice and Ordinance 4,430,000 For Discussion Purposes Only City of Columbia Heights G.O. Bonds - Summary 15 Year Term Bond Information Proposed G.O. Bonds, Series 2006 Assessments Storm Sewer Revenue Water Revenue -1 Dated Date 12/1/2006 Par Amount of Bonds 4,360,000 1st Interest Pymt 8/1/2007 Total Sources 4,360,000 1st Principal Pymt 211/2006 Total Underwriter's Discount (1.250%) 54,500 Costs of Issuance 35,000 2006 2/1/2007 Deposit to Project Construction Fund 4,270,000 Rounding Amount 500 Total Uses 4,360,000 Levy Collect Payment Net P & I Total Total Total Year Year Date Principal Rate Interest P & I +5.00% Principal Interest Assessmt Principal Interest Assessmt Principal Interest Utility State Aid /Other Total Total Principal Interest Aid Revenue Levy Prepared by Ehlers & Associates, Inc. 101612006 12/1/2006 2005 2006 2/1/2007 2006 2007 2/112008 395,000 3.89% 227,061 622,061 653,164 (324,891) (154,245) (479,137) (15,527) (13,226) (28,753) (80,379) (65,751) (146,130) (654,020) (856) 2007 2008 2/1/2009 545,000 3.93% 161,867 706.867 742,210 (324,891) (133,135) (458,027) (16,513) (12,240) (28,753) (85,327) (60,803) (146,130) (78,077) (37,463) (115,540) (748,449) (6,240) 2008 2009 2/1/2010 550,000 3.96% 140,448 690,448 724,970 (324,891) (112,025) (436,917) (17,562) (11,192) (28,753) (90,580) (55,550) (146,130) (83,347) (32,192) (115,540) (727,339) (2,369) 2009 2010 2/1/2011 555,000 3.98% 118,668 673,668 707,351 (324,891) (90,915) (415,807) (18,677) (10.076) (28,753) (96,158) (49,972) (146,130) (88.973) (26,566) (115,540) (706,229) 1,122 2010 2011 2/1/2012 555.000 4.03% 96,579 651,579 684,158 (324,891) (69,806) (394,697) (19,864) (8,889) (28,753) (102,079) (44,051) (146,130) (94,979) (20,561) (115,540) (685,120) (962) 2011 2012 2/1/2013 355,000 4.08% 74,213 429.213 450,673 (109,359) (48,696) (158,055) (21,126) (7,627) (28,753) (108,367) (37,763) (146,130) (101,390) (14,150) (115,540) (448,478) 2,196 2012 2013 2/1/2014 365,000 4.14% 59,729 424,729 445,965 (109,359) (42,134) (151,493) (22,469) (6,284) (28,753) (115,042) (31,088) (146,130) (108,234) (7,306) (115,540) (441,916) 4,049 2013 2014 2/1/2015 255,000 4.19% 44,618 299,618 314,598 (109,359) (35,572) (144,932) (23,897) (4,856) (28,753) (122,130) (24,000) (146,130) (319,815) (5,217) 2014 2015 211/2016 260,000 4.25% 33,933 293,933 308,630 (109,359) (29,011) (138,370) (25,417) (3,336) (28,753) (129,656) (16,474) (146,130) (313,253) (4,624) 2015 2016 2/112017 265,000 4.30% 22,883 287,883 302,277 (109,359) (22,449) (131,809) (27,034) (1,720) (28,753) (137,646) (8,484) (146,130) (306,692) (4,415) 2016 2017 2/1/2018 60,000 4.35% 11,488 71,488 75,062 (63,729) (15,888) (79,616) - - - - - - (79,616) (4,554) 2017 2018 2/1/2019 60,000 4.39% 8,878 68,878 72,322 (63,729) (12,064) (75,793) - - - - - - (75,793) (3,471) 2018 2019 2/1/2020 65,000 4.43% 6,244 71,244 74,806 (63,729) (8,240) (71,969) - - - - - - (71,969) 2,837 2019 2020 2/1/2021 35,000 4.47% 3,365 38.365 40,283 (36,806) (4,417 ) (41,222 - - - - - _ (41,222) (939) 2020 2021 211/2022 40,000 4.50% 1,800 41,800 43,890 (36,806) (2,208) (39,014) - - - _ _ _ (39,014) 4,876 2021 2022 2/1/2023 - - - - 2022 2023 2/1/2024 4,360,000 1,011,772 5,371,772 5,640,360 (2,436,049) (780,807) (3,216,855) (208,086) (79,447) (287,533) (1,067,364) (393,936) (1,461,300) (555,000) (138,237) (693,237) (5,658.925) (18.5651 Prepared by Ehlers & Associates, Inc. 101612006 CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA NO: ITEM: ADOPT ORDINANCE NO. 1512 BEING AN ORDINANCE CHANGING THE STREET NAME FOR SECTIONS OF 39T" AVENUE AND JEFFERSON STREET TO HUSET PARKWAY AND MADISON PLACE TO JEFFERSON STREET Meeting of: 10 -9 -06 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hanse DATE: 10/2/06 CITY MANAGER BY: Z DATE: Background: The new street is substantially complete and open for public use. The street is a gateway to Columbia Heights from the University and 37"' Avenue area and highlights the City's Huset Park. Madison Place extends from 37'h Avenue to just north of 38`f' Avenue. It is often confused with Madison Street one block to the east. If Jefferson Street north of 39'h Avenue is changed to Huset Parkway, staff suggests eliminating one of the street names on this short stretch. One house is addressed on Madison Place. Two businesses are addressed on Jefferson Street. The first reading of Ordinance 1512 was held on September 11, 2006. Analysis /Conclusions: Staff reconnnends the street names be changed as follows: Huset Parkway New roadway from 37t' Avenue to 5 °i Street 39 "t' Avenue from 5t" Street to Jefferson Street Jefferson Street from 39`x' Avenue to 40'x' Avenue Jefferson Street Madison Place from 37''1' Avenue to Jefferson Street Recommended Motion: Move to waive the reading of Ordinance No. 1512, there being ample copies available to the public. Recommended Motion: Move to adopt Ordinance No. 1512, being an Ordinance changing the street name of 39 "' Avenue from 5`" Street to Jefferson Street and Jefferson Street from 39`x' Avenue to 40`x' Avenue to Huset Parkway and changing the street name of Madison Place to Jefferson Street. KH:jb Attachment: Map Ordinance No. 1512 COUNCIL ACTION: 3757 W 3741 W 3737 a F- w F- ry W W ] o � 3755 317 Omf I Oi V N( V C oi{ N! w 3891 635 3800 382151 3809 }( 3 0 3 3757 W 3741 W 3737 a F- w F- ry W W ] o � 3755 317 Omf I Oi V N( V C oi{ N! w � w M o 0 —I 3829 11. mxd Jefferson Street Address Madison Place Address CITYOF COLUMBIA HEIGHTS GIS /ENGINEERING DEPARTMENT Map Date: August, 2006 Map Author: K Young 3965 635 w � w M o 0 —I 3829 11. mxd Jefferson Street Address Madison Place Address CITYOF COLUMBIA HEIGHTS GIS /ENGINEERING DEPARTMENT Map Date: August, 2006 Map Author: K Young ORDINANCE NO. 1512 BEING AN ORDINANCE CHANGING THE STREET NAME OF SECTIONS OF 39TH AVENUE AND JEFFERSON STREET TO HUSET PARKWAY AND CHANGING THE STREET NAME OF MADISON PLACE TO JEFFERSON STREET The City of Columbia Heights does ordain: Section 1: The name of 39 "' Avenue from 5 "' Street to Jefferson Street and Jefferson Street from 39'h Avenue to 40"' Avenue is hereby changed and shall hereafter be known and renamed as Huset Parkway, and Section 2: The name of Madison Place is hereby changed and shall hereafter be known and renamed as Jefferson Street. Section 3: This ordinance shall be in frill force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary Peterson, Mayor City of Columbia Heights, Minnesota Attest: Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 9, 2006 AGENDA SECTION: Items for Consideration NO: (Q ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL BY: Jeff Sargent BY' ITEM: Emergency Ordinance No. 1518, an interim ordinance for the Purpose of Protecting the DATE: September 29, 2006 Planning Process and the Health, Safety, and Welfare of City Residents; and Regulating Class "A" Liquor Licenses. BACKGROUND: At this time, staff recommends the Council to adopt Emergency Moratorium Ordinance No. XXXX, for a period of no longer than one (1) year, regulating the issuances of Class "A" liquor licenses in the City. A Class "A" liquor license allows an establishment to sell hard alcohol and strong beer on site, as the primary revenue for the business. At this time, there are two establishments in the City that have a Class "A" liquor license, namely: Star Bar and Buffalo Wild Wings. Buffalo Wild Wings is located in the MXD, Mixed Use District and Star Bar is located in the CBD, Central Business District. Since the introduction of the Class "A" liquor license, the Police Department has been called several times for their services at Star Bar. In 2003, there were 28 calls, 10 of which were classified as disturbing the peace and noise complaints. In 2004, there were 52 calls for service, 9 of which involved medical or detoxification emergencies. In 2005, there were 72 calls, and through September of 2006, there have been 62 calls for service. The trend appears that each year yields more calls to Star Bar for issues relating to disturbing the peace, intoxication, and robbery. Police Chief Johnson stated that he feels this is directly related to the type of institution that Star Bar is, a nightclub. Businesses in the City requiring a Class "A" liquor license are typically those that operate throughout the night. Police Chief Johnson stated that the types of calls generated from Star Bar require more than one officer on the scene. This is a great strain on the limited resources that the City has for police protection at this time of night. Consequently, staff recommends the Council to impose this moratorium to consider the effects that establishments requiring a Class "A" liquor license have on the City. This would also allow staff ample time to make findings and propose alternate solutions to the problem. RECOMMENDATION: Staff recommends adopting Emergency Ordinance No. 1518, for the purpose of protecting the planning process and the health, safety, and welfare of City residents; and regulating the issuances of Class "A" liquor licenses in the City. RECOMMENDED MOTION: Move to waive the reading of Emergency, Ordinance No. 1518, there being ample copies available to the public. Move to Adopt Emergency Ordinance No. 1518, being an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of City Residents; and Regulating establishments requiring a Class "A" liquor license in the City. Attachments: Ordinance No. 1518 COUNCIL ACTION: EMERGENCY ORDINANCE NO. 1518 AN INTERMI ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING BUSINESSES ABLE TO CARRY A CLASS "A" LIQUOR LICENSE The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officiallyknown as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into five residential districts, three business distrcts, and two industrial districts, one mixed development district; and, Section 4: The three business districts are further classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District, GB, General Business District, and CBD, Central Business District; and, Section 5: The City Council determines it is necessary to undertake a land use study to determine the impact establishments carrying a Class "A" Liquor License have on the community, including specifically defining the types of businesses that are able to carry a Class "A" liquor license, if these types of businesses should be allowed in the City, and if so, how close to residential uses they should be located; and, Section 6: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of existing facilities using Class "A" liquor licenses and the introduction of new facilities using Class "A" liquor 1 icenses within the City, while the information is gathered regarding existing establishments with a Class "A" liquor license so as to obtain an accurate depiction of the effects such establishments have in Columbia Heights; and, Section 7: Minnesota Statues, Section 462.355, Subd. 4 allow the City of Columbia Heights to adopt this interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 8: The Columbia Heights City Council hereby imposes a moratorium on businesses requiring a Class "A" liquor license in the LB, Limited Business District, GB, General Business District, and CBD, Central Business Districts effective immediatelyand terminatingin one year (October 9, 2007), and recognizing said time period may be shortened by adoption of an Emergency Ordinance by the City Council. Section 9: Activities affected by this moratorium include the establishment of businesses requiring a Class "A" liquor license and the expansion of businesses requiring a Class "A" liquor license within LB, Limited Business District, GB, General Business District, and CBD, Central Business Districts in the City of Columbia Heights for the purpose of protecting the planning process pending completion. Section 10: This Ordinance shall be in full force and effect immediately. Offered by: Seconded by: Roll Call: Date of Passage: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk /Council Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: October 2, 2006 DATE: NO: 2006 -176 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against As- Siddiq Enterprises regarding rental property at 4905 5th Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. REwrvirviENDED ivi. T ION: move to close the public hearing and to waive the reading of Resolution No. 2006 -176, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -176, 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 As- Siddiq Enterprises regarding rental property at 4905 5th Street N.E. COUNCIL ACTION: 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 As- Siddiq Enterprises (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4905 5"' Street N.E., 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 September 7, 2006 of an public hearing to be held on October 9, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 31, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted fifteen 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 7, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 2, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 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 chain link fence in front that is missing a large section. ii. Shall repair the kitchen cabinets. 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). The rental license belonging to the License Holder described herein and identified by license number F7842 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. 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 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation . DATE: October 2, 2006 DATE: NO: 2006 -177 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bob Landucci regarding rental property at 3810 -12 3rd Street N.E. 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.2006 -177, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -177, 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 Bob Landucci regarding rental property at 3810 -12 3`d Street N.E. COUNCIL ACTION: RESOLUTION 2006 -177 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 Bob Landucci (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property Located at 3810 -12 3`d Street N.E., 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 September 5, 2006 of an public hearing to be held on October 9, 2006. 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 August 23, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. 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 5, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. That 2 22nn� inspectors for the C�'ity of Columbia Heiahtc nerfnrmed a 3. Tiiat or'i OCto va.i �., �.vvv, inspectors a s final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 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; Shall remove all /any outside storage from the property. a. ALL TRASH, APPLIANCES, MISC. DEBRIS. 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). The rental license belonging to the License Holder described herein and identified by license number F7649 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. 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 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: October 2, 2006 DATE: NO: 2006 -178 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Roman Pavon regarding property at 4148 Quincy Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -178, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -178, a resolution of the City Council of the City of Columbia Heights declaring the property at 4148 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006 -178 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Roman Pavon (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4148 Quincy Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 11, 2006 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 August 3, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 11, 2006, inspectors reinspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 2, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations Of City Codes(s) were found to exist, to wit: A. Remove vehicle parked on landscaped area in rear of property. B. Shall cut down all /any scrub growth in the following locations along alley. C. Shall remove all /any outside storage from the property. i. Wood ii. Tire iii. Old cooler iv. Cardboard boxes v. Buckets. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4148 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4148 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City ClerkJCouncil Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatements DATE: October 2, 2006 DATE: NO: 2006 -179 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Mohamed M. Essa and Indqdeeq M. Omar regarding property at 1611 37`' Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -179, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -179, a resolution of the City Council of the City of Columbia Heights declaring the property at 1611 37 "' Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006 -179 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Mohamed M. Essa and Indadeeq Omar (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1611 37 "' Avenue N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 7, 2006 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 That on July 27, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 7, 2006, inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 2, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations ofC;ty, Cndec(c) ivare fmind to exist, to Wit: A. Shall remove /throw away the construction debris in the front yard. B. Shall remove the office chair sitting in the front yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 1611 37`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1611 37`x' Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement ,! DATE: October 2, 2006 DATE: NO: 2006 -180 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Karen Born regarding property at 3717 Reservoir Boulevard N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -180, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -180, a resolution of the City Council of the City of Columbia Heights declaring the property at 3717 Reservoir Boulevard N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006 -180 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article I1, of City Code, of the property owned by Karen Born (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3717 Reservoir Blvd. N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 14, 2006 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 That on August 8, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular snail to the owner at the address. 2. That on September 14, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 2, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City On des(,) were found to exist to wit: A. Shall landscape or provide hard surface for bare area in the rear of the property, in front of the garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3717 Reservoir Boulevard N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3717 Reservoir Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:,r� Abatement DATE: October 2, 2006 DATE: NO: 2006 -181 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Scott B Iliff and Marlys Daum regarding property at 3828 Quincy Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -181, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -181, a resolution of the City Council of the City of Columbia Heights declaring the property at 3828 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006 -181 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Scott Illiff and Marlys Daum (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3828 Quincy Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 7, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 27, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 7, 2006, inspectors reinspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 2, 2006, inspectors reinspected the property and found that five violations remained uncorrected. -^h. That based upon said records oft-he Fire Department, the following conditions and violations of C1 y Codes(s) —were Found to exist to wit. t �v �v exist, A. Shall paint or seal or stain the bare wood on the garage overhead door. B. Shall cut /remove the tall grass throughout the yard. C. Shall cut /remove all /any scrub growth from along the fence. D. Shall repair the chain link fence along the driveway. E. Shall remove all /any outside storage from the property. i. OFFICE CHAIR ii. WOOD iii. PLYWOOD iv. 2 BIKE FRAMES v. VEHICLE TIRES 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3828 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3828 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk /Council Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: all� � Abatement DATE: October 3, 2006 DATE: NO: 2006 -182 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Stephen T. Burson regarding property at 3931 Jackson Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -182, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -182, a resolution of the City Council of the City of Columbia Heights declaring the property at 3931 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: I RESOLUTION 2006 -182 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Stephen T. Burson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3931 Jackson Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 12, 2006 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 August 11, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 12, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 3, 2006, inspectors reinspected the property and found that one violation remained uncorrected. That b p records the Fire Department, the following conditions and violations �. That based upon said re„or � .. ��., � .., of City Codes(s) xvore found to exists to wit* A. Shall repair sidewalk where it has heaved up approx. 10 -12 inches in rear of property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3 93 1 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The property located at 3931 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC Deputy City Clerk /Council Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY Abatement' DATE: October 3, 2006 DATE: NO: 2006 -183 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Vladmir Yevsin regarding property at 4006 4t" Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -183, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -183, a resolution of the City Council of the City of Columbia Heights declaring the property at 4006 4"' Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006 -183 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Viadmir Yevsin (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4006 4"' Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 12, 2006 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 August 10, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 12, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 3, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 'Dasea i of Department, ti, ollov��in^ conditions and violations +. Teat ua�cu upon said records o +t he Fire Depa� menu, «�e following of City Codes(s) were found to exist to wit: A. Shall seed /sod /landscape large bare areas of yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 4006 4"' Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4006 4th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Cler- k-T— ouncil Secretary COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:'. Abatement DATE: October 2, 2006 DATE: NO: 2006 -184 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against William Wilke Jr.regarding property at 4064 Reservoir Boulevard N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -184, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -184, a resolution of the City Council of the City of Columbia Heights declaring the property at 4064 Reservoir Boulevard N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006 -184 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by William J. Wilke Jr. (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4064 Reservoir Boulevard N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 7, 2006 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 That on June 27, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 7, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 2, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall scrape and paint the house and garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4064 Reservoir Boulevard N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4064 Reservoir Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Cali: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City ClerldCouncil Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY Abatement DATE: October 2, 2006 DATE: NO: 2006 -185 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Jason Block regarding property at 4108 Quincy Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -185, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -185, a resolution of the City Council of the City of Columbia Heights declaring the property at 4108 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006 -185 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jason Block. (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4108 Quincy Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 13, 2006 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 That on August 8, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 13, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 2, 2006, inspectors reinspected the property and found that one violation remained uncorrected. A That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Repair Northwest corner of garage. Structural members and siding will need to be replaced, and painted to match garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4108 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The property located at 4108 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk /Council Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: October 3, 2006 DATE: NO: 2006 -186 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Garcia Arturo regarding property at 4409 Van Buren Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -186, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -186, a resolution of the City Council of the City of Columbia Heights declaring the property at 4409 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006 -186 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Garcia Arturo. (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4409 Van Buren Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 19, 2006 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 August 11, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 19, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 3, 2006, inspectors reinspected the property and found that one violation remained uncorrected. +. That based upon said records cf t« h Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall install address numbers in the following location(s): Alley side of garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4108 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The property located at 4108 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Mu,Seovi1Z, C M C' Deputy City ClerkjCouncll Secretary CITY COUNCIL LETTER Meeting of October 9, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ° Abatement DATE: October 3, 2006 DATE: NO: 2006 -188 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Mylappen Nagappan regarding property at 4949 Jackson Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006 -188, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006 -188, a resolution of the City Council of the City of Columbia Heights declaring the property at 4949 Jackson St N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006 -188 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Mylappen Nagappan (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4949 Jackson Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 20, 2006 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 5, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 20, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 22, 2006, inspectors and contractors reinspected the property and found that one violation remained uncorrected. The Fire Chief ordered an immediate abatement to correct the violation. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall replace the missing basement windows on the 4949 side of the structure. There are two basement windows that are completely missing. The contractor boarded the windows up on September 22, 2006. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 4949 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. I.1__ • a U4 107 BI I", The property located at 4949 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson ,hest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration I ORIGINATING DEPARTMENT Other Ordinances and Resolutions I Community Development NO: % I ITEM: I" Reading: Ordinance 1515, Zoning BY: Jeff Sargent, City Planner Amendment to the Zoning Code as it Relates to DATE: October 4, 2006 the GB, General Business District and Auto Lots. BACKGROUND of: October 9, 2006 CITY MANAGER'S APPROVAL BY: The proposed changes to the zoning code would essentially permit, as a Conditional Use, the sale of new and used cars throughout the General Business District (GB). The amendment would also rezone the General Business properties along University Avenue to General Business Automotive (GB -A). The following would be permitted in each outlined District through the Conditional Use Permit process: GB General Business New car dealerships as stand -alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). Used car dealerships as stand -alone businesses, as long as they are located in an enclosed building. GB -A. General Business — Automotive New car dealerships as stand -alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). Used car dealerships as stand -alone businesses. RECOMMENDATION: The Planning and Zoning Commission recommends that the City Council approve the requested zoning amendment. The Planning and Zoning Commission also recommends that only the GB, General Business District parcels located north of 44"' Avenue along University Avenue be rezoned to GB -A, General Business — Automotive. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1515, being ample copies available to the public. Move to set the second reading of Ordinance No. 1515 for Monday, October 23, 2006 at approximately 7:00 p.m. in the City Council Chambers. Attachments: P +Z Memo, Ordinance No. 1515 COUNCIL ACTION: DRAFT ORDINANCE NO. 1515 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: § 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. § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards. (6) Automobile Sales /Rental, New. (a) The use shall be served by a major collector or higher classification or roadway. (b) In the GB, General Business District, outdoor vehicle display for used cars shall be limited to thirty percent (30 %) of the total outdoor display area for a new car dealership. 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. (b)(c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (e)(d) Outdoor vehicle display areas within the public right -of -way are prohibited. (4)(e) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights -of -way. , e)(f) Outdoor vehicle display shall be within a designated area that is hard - surfaced. (#)(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. (-g(h) Music or amplified sounds shall not be audible from adjacent residential properties. (h)(i) Outdoor vehicle display shall not reduce the amount of off - street parking provided on site below the level required for the principal use. (-i)(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. (j4(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. (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) In the GB, General Business District, an open -aired used car lot as a stand -alone business is prohibited. c) In the GB, General Business District, used cars may be sold as a stand -alone business if the business is contained within a building. d) In the GB, General Business District, used cars may not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. f) Outdoor vehicle display areas within the public right -of -way are prohibited. g) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights -of -way. h) Outdoor vehicle display shall be within a designated area that is hard - surfaced. i) 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. j) Music or amplified sounds shall not be audible from adjacent residential properties. k) Outdoor vehicle display shall not reduce the amount of off - street parking provided on site below the level required for the principal use. 1) 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. m) 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. * *NOTE ** The subsequent subdivisions: § 9.107 (C) (7 -42) shall be renumbered accordingly. 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 Minimum Lot Width 150 ft. 40 ft. 40 ft. 120 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 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 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 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 11.0 i6.0 Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS (E) GB, General Business (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business 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) Automobile sales, used (in building). (d)(e) Recreational vehicle sales, new used. (f) Recreational vehicle sales, used (in building). (e)(g) Firearms dealer /Shooting range. (f)(h) Hospital. (g)(i) Outdoor sales or display. (h)o) Outdoor storage. (i)(k) Parking Ramp. (}4(1) Assembly, manufacturing and /or processing. (k)(m) Printing and /or publishing. (1)(n) Consignment /Secondhand store. (m)(o) Club or lodge. (n)(p) Currency exchange. (e)(q) Pawnshop. (p)(r) Drop -in facility. Chapter 9, Article I, Section 9.110 (F) of the Columbia Heights City Code, is proposed to include the following additions: § 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. 1) Banquet Hall. m) Billiards Hall. n) Bowling Alley. o) 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. J) 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) Automobile sales /rental, new and used. b) Recreational vehicle sales, new or used. C) Government maintenance facility. d) Arcade. 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. o) 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 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, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS (F) (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. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2006 Second Reading: , 2006 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk • • 4:181:4 Is Is A 012 11• 11 DATE: October 3, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Auto Lots in the General Business District PREPARED BY: Jeff Sargent, City Planner BACKGROUND: The City Council has expressed concerns regarding the sale of vehicles, particularly used cars along the Central Avenue. In response to this concern, the Council implemented a moratorium on used car lots and directed City Staff to study the situation and offer a viable solution to the problem. On February 14, 2006, the Auto Lot Moratorium expired, and the City Council adopted an ordinance requiring a Conditional Use Permit for all new auto sales lots within the GB, General Business District. Subsequently, the City Council directed staff to further refine the ordinance, placing restrictions on used car lots in the City. City Staff has prepared a proposed amendment to the zoning ordinance to respond to the Council's directive. The proposed changes to the zoning code would essentially permit, as a Conditional Use, the sale of new and used cars throughout the General Business District (GB). The amendment would also rezone the General Business properties along University Avenue to General Business Automotive (GB -A). The following would be permitted in each outlined District through the Conditional Use Permit process: GB. General Busines • New car dealerships as stand -alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). • Used car dealerships as stand -alone businesses, as long as they are located in an enclosed building. City of Columbia Heights Planning Commission October 3, 2006 Text Amendment, Auto Lots Case # 2006 -1001 GB-A, General Business —Automotive • New car dealerships as stand -alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). • Used car dealerships as stand -alone businesses. Ki7LIMMMil,E3'AYt i - MOIir1U 74'.14-il, &-jkTJQ>>A_1kp The proposed zoning amendment would rezone all the parcels along University Avenue that are currently zoned GB, General Business, to GB -A, General Business — Automotive. The rezoning will establish a new zoning district that would allow for the stand -alone business sale of new and /or used vehicles, with all other aspects of the current zoning classification remaining the same. For this reason, the Comprehensive Plan would not be altered, and the proposed zoning amendment would be consistent to the Comprehensive Plan. 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. The amendment is consistent with the Comprehensive Plan because the proposed code amendment only changes auto lot sales from a permitted to a conditional use. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the sale of new and used cars with a Conditional Use Permit. The proposed amendment also adds certain conditions for approval to improve the aesthetic appearance of the lots, benefiting the public at large. 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 zoning amendment does not change the use currently permitted, but changes auto sales from a permitted to conditional use. 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 M j City of Columbia Heights Planning Commission October 3, 2006 Text Amendment, Auto Lots Case # 2006 -1001 the general area of the property in question, which has taken place since such property was placed in its current zoning classification. Prior to this proposed amendment, auto sales were a permitted use In the GB, General Business District. Consequently, business owners specializing in auto sales established used auto lots in areas of the City that detracted from the aesthetic values of the City. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would limit the establishment of used car lots throughout the City and would require a Conditional Use Permit for all new and used car lots. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments • Draft Ordinance • Amended zoning map COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 9, 2006 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S Other Ordinances and Resolutions Community Development APPROVAL NO: �L ITEM: I" Reading: Ordinance 1516, Zoning BY: Jeff Sargent, City Planner BY: Amendment to the Zoning ode as it Relates to g DATE: October 4, 2006 Correctional Residential Care Facilities. BACKGROUND: On March 8, 2006, a group called ATTIC approached the City with a request to place a halfway house in the City. ATTIC specializes in placing ex- convicts into halfway homes in residential areas, as part of the transition for these individuals back into society. ATTIC worked in conjunction with the Minnesota Department of Corrections to locate a transitional housing unit at 1008 Gould Avenue. It was discovered that the proposed housing unit would be located adjacent to an existing residential facility used to house people with drug and alcohol dependencies. The Council indicated that locating these types of uses next to each other would not be appropriate in a predominately single - family neighborhood, and imposed a moratorium regarding transitional housing on March 13, 2006 for a one -year period. At this time, Staff proposes an amendment to the Zoning Code to address the Council's concern. Staff proposes modifying the Correctional Residential Care Facility Section, by defining the term and permitting this type of use in the "I -1" and "I -2" Industrial Districts through the Conditional Use Permit process. Essentially, these types of facilities shall only be located in the "I -1" and "1 -2" Districts and rarmot be located within ya mile, or 1,320 feet from another similar facility, RECOMMENDATION: The Planning and Zoning Commission recommends that the City Council approve the requested zoning amendment. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1516, being ample copies available to the public. Move to set the second reading of Ordinance No. 1516 for Monday, October 23, 2006 at approximately 7:00 p.m. in the City Council Chambers. Attachments: P +Z Memo, Ordinance No. 1516 COUNCIL ACTION: ORDINANCE NO. 1516 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE I -1, LIGHT INDUSTRIAL DISTRICT AND THE 1 -2, GENERAL INDUSTRIAL DISTRICT IN THE CITY OF COLUMBIA HEIGHTS 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. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24- hour -a -day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the department's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and home for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. Chapter 9, Article I, Section 9.107 (C)(37) of the Columbia Heights City Code, is proposed to include the following additions and deletions. (37) Residential care facility, correctional. (a) The use shall be located at least 1/4 mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities measured from property line to property line. (b) The use shall only be located in the I -1, Light Industrial District and the I -2, General Industrial District parcels throughout the City. (b)(c) The use shall not be located in a two - family or multiple - family dwelling unless it occupies the entire structure. (e-)(d) The facility shall be located on a parcel meeting the minimum lot size for single - family dwelling plus and area of 300 square feet for each resident over si* two. The maximum number of residents ,r be speeified as „a;*,,,,, of the ndit; ona pefmit in or-de f to meet this ,.eq i,.° Went shall not exceed four (4). (�(e) On -site services shall be for residents of the facility only. (e)(f) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use is located. (1)(g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. (g)(h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character if the neighborhood. (h)(i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (i)(j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Chapter 9, Article I, Section 9.111 (D)(3) and 9.111 (E)(3) of the Columbia Heights City Code, is proposed to include the following additions: § 9.111 INDUSTRIAL DISTRICTS. (D) 1 -1, Light Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light industrial 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) Caretaker's residence. (b) Outdoor sales and /or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. (E) 1 -2, General Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I -2, General Industrial 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) Caretaker's residence. (b) Outdoor sales and /or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2006 Second Reading: , 2006 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk a gKolgirown I a F-m I WiReffy" A INC-11nA104A III CASE NUMBER: 2006-1002 DATE: October 3, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Transitional Housing. PREPARED BY: Jeff Sargent, City Planner On March 8, 2006, a group called ATTIC approached the City with a request to place a halfway house in the City. ATTIC specializes in placing ex-convicts into halfway homes in residential areas, as part of the transition for these individuals back into society. ATTIC worked in conjunction with the Minnesota Department of Corrections to locate a transitional housing unit at 1008 Gould Avenue. It was discovered that the proposed housing unit would be located adjacent to an existing residential facility used to house people with drug and alcohol dependencies. The Council indicated that locating these types of uses next to each other would not be appropriate in a predominately single-family neighborhood, and imposed a moratorium regarding transitional housing on March 13, 2006 for a one-year period. At this time, Staff proposes an amendment to the Zoning Code to address the Council's concern. The current zoning code directly addresses the halfway home type of housing, referring to this type of housing as a "Correctional Residential Care Facility". The Code, however, only addresses this type of housing in Section 9.107, which is the Specific Development Standards section of the Code. There is no other reference to this type of housing anywhere else throughout the code and it is also not defined in the definitions section. Staff proposes modifying the Correctional Residential Care Facility Section, by defining the term and permitting this type of use in the 1-1" and 1-2" Industrial Districts through the Conditional Use Permit process. Essentially, these types of facilities shall only be located in the "I" and 1-2" Districts and cannot be located within '/4 mile, or 1,320 feet from another similar facility. City of Columbia Heights Planning Commission October 3, 2006 Text Amendment, Transitional Housing Case # 2006 -1002 CONSISTENCY WITH COMPREHENSIVE PLAN: The Comprehensive Plan would not be affected with the proposed zoning amendment, as there will be no rezoning of any parcel in the City. 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. The Comprehensive Plan would not be affected with the proposed zoning amendment, as there will be no rezoning of any parcel in the City. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. It is in the public interest to locate these types of housing units in an area in the City that would have the least influence on the residential neighborhoods in the City. One of the major goals of the Comprehensive Plan is to preserve the character of the residential areas throughout the City and the proposed amendment would help accomplish this. 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 proposed zoning amendment would not change the zoning classification of any parcel in the City. 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 proposed zoning amendment would not change the zoning classification of any parcel in the City. City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would limit the location of Correctional Residential Care Facilities to the Industrially zoned parcels in the City. City of Columbia Heights Planning Commission October 3, 2006 Text Amendment, Transitional Housing Case # 2006 -1002 Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments Draft Ordinance COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 9, 2006 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S Other Ordinances and Resolutions Community Development APPROVAL NO: ITEM: I" Reading: Ordinance 1517, Zoning BY: Jeff Sargent, City Planner BY: Amendment to the Zoning Code as it Relates to DATE: October 4, 2006 Swimming Pools and Portable Pools. BACKGROUND: By conducting inspections on residential properties in the summer of 2006, it has become very apparent that residents of Columbia Heights utilize portable pools. These types of pools differ from other residential pools in that they are not permanent structures and can be easily maneuvered on a property. City Staff received some phone calls regarding these types of pools and how they are classified by Code. The current Zoning Code does not differentiate between portable pools and permanent swimming pools. For this reason, Staff has had to classify these pools as permanent, and would require portable pools to meet the same standards as other aboveground swimming pools. These standards include the requirement of a 6 -foot tall fence and a building permit required for installation. Some concerned residents were upset that they would have to fence in their entire backyard for a swimming pool that was not on the property permanently. The portable pool is typically installed at the beginning of the summer and removed when the weather gets cold. City Staff understands this concern and agrees that the current zoning code does not specifically address this type of swimming pool. For this reason, Staff proposes a zoning amendment that would allow portable swimming pools on residential properties, without needing to meet the requirements of permanent pools. RECOMMENDATION: The Planning and Zoning Commission recommends that the City Council approve the requested zoning amendment. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1517, being ample copies available to the public. Move to set the second reading of Ordinance No. 1517 for Monday, October 23, 2006 at approximately 7:00 p.m. in the City Council Chambers. n lla%, LIL,G,I W. 1 LLVl G LLLV. %- IrulLLLLLLu. LYV. l✓1 COUNCIL ACTION: ORDINANCE NO. 1517 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO PORTABLE POOLS IN ALL RESIDENTIAL DISTRICT THROUGHOUT THE CITY OF COLUMBIA HEIGHTS 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. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet or a capacity of less than 3,000 gallons of water. Chapter 9, Article I, Section 9.106(C)(4) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.106 GENERAL DEVELOPMENT STANDARDS (C) Accessory uses and structures. (4) Private swimming pools and courts. (g) Portable pools shall not be located within five (5) feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child- resistant cover in lieu of a six -foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner's consent. Portable pools shall not be in place longer than six (6) months in a calendar year. (g)(h) Lighting shall be so oriented as to not cast light on adjacent properties. (h)(i) The facility shall not be located within any drainage or utility easement. (i)o) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. (j)(k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2006 Second Reading: , 2006 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk CITY OF COLUMBIA PLANNING REPORT CASE NUMBER: 2006 -1003 DATE: October 3, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Portable Swimming Pools PREPARED BY: Jeff Sargent, City Planner BACKGROUND: By conducting inspections on residential properties in the summer of 2006, it has become very apparent that residents of Columbia Heights utilize portable pools. These types of pools differ from other residential pools in that they are not permanent structures and can be easily maneuvered on a property. City Staff received some phone calls regarding these types of pools and how they are classified by Code. The current Zoning Code does not differentiate between portable pools and permanent swimming pools. For this reason, Staff has had to classify these pools as permanent, and would require portable pools to meet the same standards as other aboveground swimming pools. These standards include the requirement of a 6 -foot tall fence and a building permit required for installation. Some concerned residents were upset that they would have to fence in their entire backyard for a swimming pool that was not on the property permanently. The portable pool is typically installed at the beginning of the summer and removed when the weather gets cold. City Staff understands this concern and agrees that the current zoning code does not specifically address this type of swimming pool. For this reason, Staff proposes a zoning amendment that would allow portable swimming pools on residential properties, without needing to meet the requirements of permanent pools. The proposed zoning amendment will not be creating any new zoning classifications. For this reason, the proposed amendment will be consistent with the current Comprehensive Plan. City of Columbia Heights Planning Commission October 3, 2006 Text Amendment, Portable Pools Case # 2006 -1003 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. The proposed zoning amendment will not be creating any new zoning classifications. For this reason, the proposed amendment will be consistent with the current Comprehensive Plan. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow individuals to locate a portable pool on their property without having to meet the same standards as a permanent swimming pool. The zoning amendment is for the entire City. 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 proposed zoning amendment will not be changing the zoning classification of any parcel within the City. 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 proposed zoning amendment will not be changing the zoning classification of any parcel within the City. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would allow for the use of portable swimming pools without meeting the same minimum requirements of a permanent swimming pool. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments: Draft Ordinance IM CITY COUNCIL LETTER Meeting of: October 9, 2006 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S NO: -7C( CITY MANAGER'S APPROVAL ITEM: REQUEST FOR ADDITIONAL FUNDS FOR BY: CHARTER COMMISSION BY: DISSEMINATION OF CHARTER BALLOT DATE: October 5, 2006 DATE: . QUESTION INFORMATION NO: r The Charter Commission will be having a ballot question in November of 2006 regarding dividing the city into four wards and adding two additional councilmembers. A sub - committee of the Charter Commission has been diligently working on a plan to disseminate information on this issue to the public. Their plan is to disseminate information to all residents in the city through one direct mailing, and placing one Y, page newspaper display ad inviting the public to the October 19, 2006, Charter Commission meeting. Per Minnesota State Statutes, the Charter Commission has a budget of $1,500 to spend. The sub- committee feels they will spend more than that allotted amount. These additional funds would be used to cover costs for copying, folding, inserting, and mailing a flyer, producing labels, labor costs, as well as for a display ad in the local newspapers. A comparison summary of preparing and distributing flyers is attached: The following is information on display ad costs: Display ad costs: The Northeaster Newspaper quoted a price for a Y4 display ad of $468. The Sun Focus Newspaper quoted a price of a Y4 display ad of $535. In reviewing all the cost information above, and taking into consideration the best coverage of the city's population and the most efficient way to handle their goals, the Sub - Committee of the Charter Commission has decided to do one direct mailing to residents in October using a local printer to print, fold, stuff, and mail the flyer to residents, and to run one % page display ad inviting the public to attend the next regular Charter Commission meeting on October 19, 2006. Also attached is the proposed flyer information. Therefore, a request for additional funds in the amount of $2,500 maximum is requested. RECOMMENDED MOTION: Move to allocate $2,500 maximum in additional funds for the Charter Commission for their process of disseminating information on the ballot issue of dividing the city into four wards and adding two additional councilmembers. The additional funds would be used to mail residents a one -time informational sheet on the issue, and to place one % page display ad during October. COUNCIL ACTION: QUOTES FOR PRINTING FLYER, FOLDING, INSERTING, SEALING, PRINTING APPLICABLE INFORMATION ON ENVELOPE FOR BULK MAILING: ITEM OPTION 1 (Using mostly OPTION 2 (Bid #1 from OPTION 3 (Bid #2 from OPTION 4 (Bid #3 from our own resources) Col. Hgts. printing Col. Hgts. printing New Brighton printing company) company) company) Printing 7,000 copies $.04 /flyer using the Per quote received, Per quote received, Per quote received, of a one -page two -sided city's copier= $618.46 for 7,000 $550.00 for 7,000 $287.81 (which flyer in black /white $280.00 for 7,000 flyers (folded) flyers (folded) includes folding)for flyers 7,000 flyers Envelopes $182.70 for 7,000 per Per quote received, Per quote received, Per quote received, quote from usual $347.31 $660.00 $267.19 (plus vendor for this item printing of them) Resident labels $70.00 for cost of None needed None needed None needed labels Labor cost to print the $25 /hour for 8 hours None needed None needed None needed labels of labor= $200.00 Labor cost to apply $25 /hour for 10 hours No labels would be No labels would be No labels would be labels of labor= applied; resident applied; resident applied; resident to envelopes $250.00 addresses (downloaded addresses (downloaded addresses (downloaded from Fire) printed from Fire) printed from Fire) printed right on envelope (see right on envelope (see right on envelope above item) above item) (see above item) Labor cost to fold $25 /hour for 5 hours Per quote received, Per quote received, Per quote received, flyers, of labor = $125.00 (for $333.29 $420.00 for 7,000 $434.31 insert in envelopes, folding /inserting) flyers to insert and and PLUS $25 /hour for 1 address the envelopes seal envelopes hour of labor =$25 (for sealing envelopes) Postage cost estimated Using city permit, Per quote received, Per quote received, Per quote received, for $.371 /item = $1,295.78 $1,225.00 $906.79 bulk mailing of 7,000 $2,597.00 pieces Cost of printing bulk Per quote from an Per quote received, Per quote received, See "envelopes" mailing outside printer, $315,78 price is included in section above. permit info onto $208.50 envelope price above. envelope as well as printing "Special Ballot Information Enclosed "on the front of the envelope TOTAL $3,938.20 $2,910.62 $2,885.00 $1,960.41 2006 10:57 AM 1z 29 1111111111111111111 11111111 Carole Blowers City of Columbia Heights 690 -40th Avenue N.E. Columbia Helghts MN 55421 Phone: 783. 706.3800 Fax: 763-705-3001 7,000 7,000 7.000 7,000 7.000 Sales Rep: Taken by: 5164 Central Avenue N.E. Columbia Heights, MN 55421 763. 574.1231 FAX 763- 574 -1252 Estimate E #1742 9nsrz006 sm gloss romit to nil payments to: S 164 Central Avenue N.E. Columbia Heights, MN 53421 1 Color Flyers, 8.5 x 11 White 80# Cougar Offset, printed 1 color frond in Black or Colored ink 1 color back In Block or Colored ink 7,000 Letter 8 Z fold Qty: 8100 a 522.86 Mailing Envelopes, 4.125 x 9.5 White 240 a10Regular Side Seam Envelopes, printed 1 color front in Color Ink Fold. insert and,-Seal , Print Addresses on Envelopes from Date Base Postage using data:bsIll016 " Wanted: Mon 9118 1 Color Flyers TOTAL This estimate is based on in wmation received by IPC AMOUNT DUE Printing, and is subject to revision upon receipt of the actual job. Customer will be notified of additional charges before work is started. We appreciate the opportunity to serve you. All Invoices are due upon receipt. Past due invoices will be charged a finance charge of 1.5% per month. (16% annually) 618.46 347.31 333.29 315.76 1.295.78 2.910.62 2,910.62 2,910.62 RAPID GRAPHICS & MAILING INC. 4016 Central Avenue .Northeast + Minneapolis, Minnesota 55421 (763) 781 -6931 • fax: (763) 781 -2704 Email: rgm4Ol6@comcast.net Im From: I ) A J F �So . R OCT -05 -2006 09.57 RAPIT PRINTING City of Columbia Heights 12464 590 40th Ave. N.E, Columbia Heights, MN 55421 651 633 94 ?9 P.02/02 No. E #82040 Date 10/5/06 Customer P.O. No, 7,000 Referendum Flyer, 8.5 x 11 White 60# Husky, 2 originals, printed 4 up 1 color front in 287.81 Black ink Retrieve from Email PDF Proof Place 2 -up to output Digital plate(s) (9800) Cut to8.6X11 Letter fold in 1 /3rds. 7,000 #10 Regular Envelopes, White #10 24# Regular, printed 1 color front in Black ink 267.19 Retrieve from Email PDF Proof JetPress CTP Metal Plate(s) 6,818 Mailing Services 434.31 6,818 Insert & Seal 6,818 Inkjet Addresses onto envelopes from supplied file. Deliver to Post Office 6,818 Postage 906.79 SUB 1,896.10 11 TAX Taken by: Dales 64.31 SHIPPING TOTAL 1,960.41 1415 1 st Avenue North West • New Brighton, Minnesota 55112 Phone 651- 633 -8108 • Fax 651 - 633 -9479 • e -mail: rapitl l O rapit.com ■ Heights Voters Asked to Consider an Important Issue Relating to an Amendment to the City Charter Voters in Columbia Heights will be asked to consider an important issue this November when an amendment to the city charter will be placed on the ballot and the public will decide whether or not it should be adopted. Columbia Heights is a charter city. Charter cities are governed by a document called a city charter — similar to a constitution. In reality, many state statutes override charter provisions, but the city charter still serves as an important document that preserves some local control over the management of city affairs. In charter cities, a "Charter Commission" exists to monitor the city charter and, with the assistance of a city attorney, propose changes to keep the document up to date. The Columbia Heights Charter Commission is made up of citizens of the city who are appointed by the Chief Judge of Anoka County. When a majority of the Charter Commission recommends a change to the city charter, the proposal is forwarded to the city council for consideration. If the council unanimously approves the recommendation, the change is implemented. If the council cannot reach a unanimous decision, the Charter Commission can choose to have the proposal presented to the voters in an election. In recent months, the Columbia Heights Charter Commission forwarded such a proposal to the city council. Because the council didn't approve the proposal unanimously, the Charter Commission has voted to present the issue in the general election this November. Establishment of a Four Ward, Two At -Large Council Member System The current structure of the Columbia Heights City Council is undoubtedly very familiar to the citizens of the city. Under the current city charter, the council is made up of a mayor, who serves a two -year term, and four council members, who each serve a four -year term. The four council members' terms are staggered, so that every two years there are two council seats up for election in addition to the mayoral election. The council members and mayor currently are all elected "at large," meaning that their constituents are made up of residents from the entire city. Throughout 2005, the Charter Commission studied the issue of whether changes to the structure of the City Council might encourage greater participation and interest by citizens in council member elections. An in -depth study was conducted by the commission comparing cities of like size using information received from the League of Minnesota Cities. After considerable discussion throughout 2005, the Charter Commission earlier this year proposed the creation of a ward system of representation, similar to that of some other cities. Four wards were proposed, each having approximately the same number of citizens. The actual borders of the wards would need to be decided at a later time by the council, but the commission suggested possible wards bounded east and west by Central Avenue and north and south by 44th Avenue. Constituents of each ward would elect their own council member, who would be a resident of the ward. The Charter Commission also proposed adding two additional "at large" seats on the council, thereby creating a council made up of a mayor, a council member from each of four wards, and two "at large" council members. The terms of the council members would remain at four years, with the mayor continuing to serve a two year term. The following describes how the proposal would be implemented if approved: In November of 2008, each of the four wards would elect a council member, in addition to the mayor. At that time, the two council members elected "at large" in November of 2006 would continue their four -year terms until 2010. In 2010, the two "at large" council seats and the mayor will stand for election. Later elections will be staggered between the four ward seats and the two "at large" seats, in addition to the mayor. The Charter Commission voted to approve a proposed ordinance, incorporating the changes described above, on April 26, 2006, and the proposed ordinance was sent to the council for action. The City Council held a first reading of the proposed ordinance on June 12, 2006 and a public hearing and second reading of the ordinance on June 26, 2006. On June 26, 2006, the council voted and did not unanimously pass the ordinance. The Charter Commission decided on July 20, 2006 to place this proposed amendment on the ballot at the November general election to let the citizens decide the issue. The question as it will appear on the ballot is as follows: Ballot Question "Shall the home rule charter of the City of Columbia Heights be amended to establish a four ward, two at -large council member system of representation by creating two additional council member positions, with the transition schedule of one council member elected from each ward in 2008 and two council members elected at -large in 2010 ?" The following are some reasons to vote for or against this proposed amendment: Reasons to vote YES: Council members from individual wards may be in a position to have closer contact with their constituents and may be more responsive to their needs. Each ward of Columbia Heights would have an elected representative on the City Council, with the possibility of participation by a greater and diverse cross section of the population. The following cities with populations similar to Columbia Heights (population 18,698) have wards: Hopkins (population 17,643), Ramsey (population 18,830) and West St. Paul (population 19,650). Campaign costs for ward candidates may be reduced, which may encourage more candidates to run for office. - Voters may have greater personal knowledge about the qualities of candidates from their ward, which may allow them to make a more informed choice at the polls. Adding two additional "at- large" council members, whose constituents are from the entire city, may counter possible ward divisiveness. Each council member currently receives a salary of $7,800 per year, in addition to pension, health and life insurance, and outer benefits. Increasing representation on the city council by auding tvV0 ut urge council members may outweigh the increased cost of city government. Reasons to vote NO: Under the current system, all four council members currently represent all residents in the city. Under the ward system, citizens in one ward would have no vote for three representatives serving on their city council. Ward council members may be encouraged to support their particular ward as opposed to the city as a whole, and this could foster divisive competition between wards for limited financial resources. Politically active or special interest groups may be overrepresented by targeting certain wards. Columbia Heights has a small geographic area (3.4 square miles) compared to cities of similar population that have wards, and therefore establishing wards in Columbia Heights may not be necessary or practicable. - Some wards may find difficulty fielding qualified and interested candidates, and voters may find they would rather support a candidate in another ward. Each council member currently receives a salary of $7,800 per year, in addition to pension, health and life insurance, and other benefits. Adding two "at large" council members increases the costs of city government. CITY COUNCIL LETTER Meeting of: 10/9/06 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: FINANCIAL ASSISTANCE FOR PROPERTY BY: K. Hansen BY: ASSESSMENTS FOR QUALIFIED HARDSHIP CASES DATE: 101510 DATE: Background: At the October 2nd, 2006 Street Rehabilitation Zone Assessment Hearing the issue of additional financial assistance, for hardship cases, was discussed by the City Council. Currently, the City of Columbia Heights does contributes the following in the annual street rehabilitation program: • 50% of the construction cost for full reconstruction • 30% of the construction cost for partial reconstruction • 15% of the construction cost for mill & overlay In addition, no overhead, such as engineering or legal or administrative costs are added to property owner assessment calculations, the City incurs those costs. Analysis /Conclusions: At the October 2nd Assessment Hearing, one resident expressed concern the financial impact of the full reconstruction assessment of $3,285, over 15 years. For financial qualifying residential property owners, a program exist that is funded by the City and administered through GMAC for home improvements. The program is already in place for financially qualifying residents for assistance in making home improvements such as siding, roofing, replacement windows, etc. The same program could be made available to supplement and provide additional financial assistance for assessments, with the same qualifying criteria (financial). Staff does not recommend using the housing program funds so that these resources are used and not made available for housing improvements. The issue then becomes identifying a funding source to fund property assessment assistance. Funding for such a program is not in the 2006 City budget. Other possible funding sources may be: Water Tower Antenna Fund or utility rates. Recommended Motion: Move to authorize additional financial assistance for property assessments related to the City Street Rehabilitation Program administered through GMAC, with funding in 2006 from the Water Tower Antenna fund. COUNCIL ACTION: