The URL can be used to link to this page

Home My WebLink AboutJanuary 8, 2007 Regular ADMINISTRA nON MJagJ: Gary L Peterson {;ouncibnembn, Robert A. Wi/Iiams Bruce NuwrocJ;j Tummertl Ericson Diehm Bruce Ke/;enberg C1tv M,Inap., WII/ur R. Fehst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: IVww.ci.co/umbia-heights.mn.11S The following is the agenda for the regular meeting ofllie City Council to be held at 7:00 p.m. on Monday, January 8, 2007 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 oC 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 oC 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. (IDDn06-3692 fot deaf or hearing impaired only) 1. CALL TO ORDERlROLL CALL/INVOCA TION Invocation by Pastoral Minister Lorraine Mell, Immaculate Conception Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONSIDELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Emolovees - none . . - D) Recognition - none 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 ) ADDrove City Council Meetine Minutes for December 11. 2006 regular City Council meeting PS MOTION: Move to approve the minutes of the December 11, 2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meetine Minutes a) MOTION: Move to accept the December 5,2006 minutes of the Librai)' Board meeting. b) MOTION: Move to accept the January 3, 2007 minutes of the Planning and Zoning meeting. P28 P30 3) Establish Work Session meeting date for Wednesday. January 17,2007. beginning at 7:00 p.m. in Conference Room 1. MOTION: Move to establish a Work Session meeting date for Wednesday, January 17,2007 beginning at 7:00 p.m. in Conference Room 1. Work session items: 1. Utility Rate Study Update 2. Hart Blvd trail & trail connections/road closure (37-39th) P49 City Council Agenda January 8, 2007 Page 2 of 4 3. Land lease of675 37th Avenue 4. Ordinance to amend the Public Nuisance Article of City Code 5. Proposed purchase of three emergency generators 6. Council Liaison review 7. Traffic and Park and Recreation Commission appointment review 4) Establish a public hearing date regarding basic service programming and equipment rates and installation charges Com east calculated in Mareh 2006 rate filing pso MOTION: Move to establish a public hearing date of Monday, February 12,2007, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Corncast calculated in its March, 2006, rate filing. 5) Authorization to seek bids for 2007 Miscellaneous Concrete P52 MOTION: Move to authorize staff to seek bids for 2007 miscellaneous concrete replacement and installation project. 6) Blanket Purchase Orders for 2007 Purchases P53 MOTION: Move to authorize staffto process 2007 blanket purchase orders in an amount not-to- exceed the 2007 budget amounts for: a. De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract b. Fuel (unleaded and diesel) for City vehicles from the Anoka County Cooperative Agreement 7) Approve the Anoka County 2007 Residential Recycling Program Agreement PS4 MOTION: Move to authorize the Mayor and City Manager to enter into the 2007 Agreement for Residential Recycling Program to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $45,204.72 available as reimbursement for eligible expenses. 8) Adopt Resolutions 2007-07 and Resolution 2007-08, being Resolutions declaring intent to reimburse expenditures from proceeds of bonds to be issued for municipalliauor stores on Central Avenue and 37th Avenue. P61P MOTION: Move to waive the reading of Resolution 2007-07 there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-07 being a resolution declaring the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds of bonds to be issued by the City for a municipal liquor store on Central Avenue. MOTION: Move to waive the reading of Resolution 2007-08 there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-08 being a resolution declaring the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds of bonds to be issued by the City for a municipal liquor store on 37th Avenue. 9) Reappoint Commissioners to Economic Development Authority (EDA) P64 MOTION: Move to approve the reappointment of Mayor Peterson and Council Members Diehm and Kelzenberg as EDA Commissioners. -2- City Council Agenda January 8, 2007 Page 3 of 4 10) Reappoint Commissioners to the Housing and Redevelopment Authority (HRA) P65 MOTION: Move to approve the reappointment of Council Members Diehm and Kelzenberg and Commissioner Ecklund as HRA Commissioners. 11) Approve the items listed for rental housing license applications for January 8. 2007 P66 MOTION: Move to approve the items listed for rental housing license applications for January 8, 2007. 12) Approve Business License Applications P68 MOTION: Move to approve the items as listed on the business license agenda for January 8, 2007 as presented. 13) Approve Payment of Bills P71 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 119707 through 120048 in the amount of$I,461,488.08. 6. PUBLIC HEARINGS A) Second reading of Ordinance 1519, being an Ordinance pertaining to rezoning of2101 37'h Avenue P84 MOTION: Move to waive the reading of Ordinance No. 1519, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1519, being an Ordinance pertaining to zoning and development Ordinance No. 1428, pertaining to the rezoning of a certain property located at 2101 3ih Avenue NE. B) Continuance of Public Hearing to consider Re-assessment for 42nd Avenue (no Council letter) MOTION: Move to open the Public Hearing of the re-assessment for 233 42nd Avenue for mill and overlay on 42nd Avenue and continue consideration to February 12,2007 at approximately 7:00 p.m. in the City Council Chambers, at the request ofthe party involved. C) Adopt Resolution No. 2007-06. being a Resolution ordering and levYing one mid-block light on Van Buren Street P87 MOTION: Move to waive the reading of Resolution No. 2007-06, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-06, being a Resolution ordering and levying one mid-block light located on Van Buren Street, known as PIR 677-37. D) Adopt Resolution No. 2007-01. being a Resolution for Rental Housing License Revocation at 5045 Johnson Street P9I MOTION: Move to waive the reading of Resolution No. 2007-01, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-01, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5AA08(1) of the Rental License held by James Dalkeafregarding rental property at 5045 Johnson Street. E) Adopt Resolution No. 2007-02. being a Resolution for Rental Housing License Revocation at 564 Huset Parkway P94 MOTION: Move to waive the reading of Resolution No. 2007-02, there being ample copies available to the public. -3- City Council Agenda January 8, 2007 Page 4 of4 MOTION: Move to adopt Resolution No. 2007-02, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Robert Machel regarding rental property at 564 Huset Parkway. F) Adopt Resolution No. 2007-03, being a Resolution for Rental Housing License Revocation at 656 47 Y2 Avenue P97 MOTION: Move to waive the reading of Resolution No. 2007-03, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-03, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by David Holton regarding rental property at 656 47 Yz Avenue. G) Adopt Resolution No. 2007-04, being a Resolution for Rental Housing License Revocation at 4919- 4921 Jackson Street P100 MOTION: Move to waive the reading of Resolution No. 2007-04, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-04, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408( 1) ofthe Rental License held by Beatriz Martinez-Escobar regarding rental property at 4919-4921 Jackson Street. H) Adopt Resolution No. 2007-05. being a Resolution for Rental Housing License Revocation at 4341 Tyler Pl. MOTION: Move to waive the reading of Resolution No. 2007-05, there being ample copies available to P103 the public. MOTION: Move to adopt Resolution No. 2007-05, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5AA08(1) of the Rental License held by Boopendra Pfalgoo regarding rental property at 4341 Tyler Place. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business - none 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 -4- LLMlpvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING ')ECEMBER 11, 2006 5-A-( THESE rvilNUTES HAVE NOT BEEN AFPROVED. The following are the minutes of the regular meeting ofthe City Council held at 7:00 p.m. on Monday, December 11,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALLIINVOCATION Pastor Peter Law, Community United Methodist Church, 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 item 6B, as the property has come into compliance. Nawrocki requested discussion on a proposal to seek bids for city goods and services be brought to Council for items over $10,000. Peterson placed this under item 7 A.5. Williams indicated he would abstain on the business licenses - consent agenda item 5A20 PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations - Traffic Safety Award, Office of Traffic Safety, State of Minnesota Police Chief Tom Johnson introduced Gordy Pehrson and Bob O'Brien, Office of Traffic Safety. He indicated that the Columbia Heights Police Department has received a $3,000 grant as one of the Safe and Sober Challenge winners, thanks to Corporal Paul Bonesteel. Bob O'Brien thanked the community for their effort to save lives. He indicated that the Columbia Heights Police Department has done an ... .... . ..... ".. . .. ... .-.. .. .. .. . Tr- .- .1.. _._ . ..L1 excellent JOO, mClUamg enrorcement, OUlletln ooaras, mOCK crasnes, etc. 1I we connnue [filS mOntH as we have been, we will have the lowest amount oftraftic fatalities since World War II. He awarded the 2006 Safe and Sober Challenge First Place A ward to Paul Bonesteel and the entire Police Department. Bonesteel indicated he has been the Coordinator since the program inception in 2002. He listed the duties that contribute to the award. He thanked Patty Muscovitz, Jean Kuehn, and Paul Gross for their help in advertising the campaign. He credited the Office of Traffic Safety for the program and thanked them on behalf of himself and our Police Department. Pehrson pointed out the number of people that are alive because of the work of this department. Chief Johnson stated the presentation will be on January 10th. He indicated that the funds will be used for overtime and stop-sticks. He thanked Paul Bonesteel for his effort with this program. Peterson asked the Police Chief to tell all our Officers that we appreciate the hard work they do. Introduction of New Employees - Raeann Grew, Secretary II-A, Records Technician Chief Johnson introduced Raeann Grew and stated her background with the Anoka County Sheriff's Department and indicated that she has served a tour in Iraq. Grew stated that she appreciated this opportunity. Peterson thanked her for her service overseas. Nawrocki questioned her about her service in Iraq. She stated the importance there of working with the basic citizens. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda. Nawrocki requested to remove items #4,5, 11, 18. Williams requested to remove item #20. 1) Approve City Council Meeting Minutes for November 27,2006 regular City Council meeting and the December 4, 2006 Truth in Taxation m - 5 -~ City Council Minutes December 11,2006 Page 2 of 23 a) Motion to approve the minutes of the November 27,2006 regular City Council meeting. b) Motion to approve the minutes of the December 4, 2006 Truth in Taxation meeting. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the October 24,2006 Economic Development Authority meeting. b) Motion to accept the minutes ofthe November 21, 2006 Park and Recreation Commission meeting. c) Motion to accept the minutes ofthe December 5,2006 Planning and Zoning Commission meeting. 3) Approve subordination Agreement for Parkview Homes LLC Motion to approve the Subordination Agreement between the City of Columbia Heights, Parkview Homes, LLC, and M & I Marshall & IISLEY Bank; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki questioned the dollar amount. Fehst stated agreement has remained the same. 4) Renewal of contracts for Public Library Services and Integrated Library System (ILS) Services with Anoka County Library - removed 5) Adopt Resolution No. 2006-254, being a Resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2007 - removed 6) Adopt Resolution No. 2006-253, being a Resolution authorizing acceptance of a Traffic Safety Award Motion to waive the reading of Resolution No. 2006-253, there being ample copies available to the public. Motion to adopt Resolution No. 2006-253, being a Resolution supporting the efforts of the Columbia Heights Police Department in receiving grant money in the amount of $3,000 from the State of Minnesota, Office of Traffic Safety. This grant is in recognition of the efforts ofthe Columbia Heights Police Department in the area of Traffic Safety during 2006 and will be used to improve traffic enforcement and safety on our City's streets from January 3,2007 to June 30, 2007. RESOLUTION NO. 2006-253 BEING A RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD Whereas, the Columbia Heights Police Department desired to protect the health of its citizens by improving traffic safety and participating in the Safe & Sober Challenge; and Whereas, under the provision of the Highway Safety Act (P.L. 89-563), the Minnesota Department of Public Safety has federal funding to promote traffic safety; and Whereas, the Minnesota Department of Public Safety had judged the Columbia Heights Police Department efforts to decrease impaired driving and increase seat belt use to be exceptional, and wants to reward those efforts by providing additional funding for the department; Therefore, be it resolved that the Columbia Heights Police Department enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from January 3,2007 to June 30, 2007. The Chief of the Columbia Heights Police Department is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Columbia Heights Police Department Be it further resolved that the Chief of the Columbill Hp;ghts Police Department I hereby authorized to be the fiscal agent and administer the grant on behalf of the City of C( - 6 - ia Heights. City Council Minutes December II, 2006 Page 3 of 23 7) Approve transfer of funds from general fund to police department budget to reimburse overtime fund Motion to transfer $825 received from Unique Thrift Stores and $1,600 received from Columbia Heights School District, a total of $2,425, from the General Fund to the Police Department 2006 budget under line #1020, Police overtime. 8) Adopt Resolution No. 2006-252, being a Resolution establishing eligibility standards for senior citizen utility rates Motion to waive the reading of Resolution No. 2006-252, there being ample copies available to the public. Motion to adopt Resolution No. 2006-252, being a Resolution establishing eligibility standards for senior citizen utility rates. RESOLUTION NO. 2006-252 ESTABLISH ELIGIBILITY STANDARDS FOR SENIOR CITIZEN UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, storm water and water supply; and WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $26,500 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1,2007. 9) Adopt Resolution No. 2006-256, being a Resolution designating Official Depositories and safe deposit access Motion to waive the reading of Resolution No. 2006-256, there being ample copies available to the public. Motion to adopt Resolution No. 2006-256, being a Resolution designating official depositories and safe deposit access for the City of Columbia Heights. RESOLUTION NO. 2006-256 DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor, City Manager, Clerk-Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's na.-ne, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor, City Manager, Clerk-Treasurer and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affIxed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Clerk or other offIcer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modifIed by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transaction _ '7 _IlY relating to deposits, withdrawals, re-discounts andiborrowings by or on behalf of this corporation with ____ Janks prior to the adoption of this resolution be, and the same City Council Minutes December 11, 2006 Page 4 of 23 hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of anyone of the following named City employees are required for access to safe deposit boxes: Finance Director, City Manager, Assistant Finance Director, Information Systems Director, Information Systems Technician 10) Approve designation ofthe Sun Focus as the official newspaper for 2007 Motion to designate Sun Focus News as the official City newspaper for 2007 and to Motion to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. Nawrocki questioned if other bids were sought. Fehst stated that the Northeaster and Star Tribune were asked to bid. 11) Adopt the 2008 Murzyn Hall rental rates - removed 12) Establish a public hearing to consider mid-block street light Motion to establish Monday, January 8, 2007 at 7:00 p.m. as a Public Hearing for consideration of a streetlight between 3938 and 3942 Van Buren Street. Nawrocki questioned if a petition was received. Fehst stated yes, by the names included in the agenda packet. 13) Change Order No.1 and final payment for Miscellaneous Concrete Project #0600 Motion to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $8,450.40 with funding out of the appropriate funds. Motion to accept the work for 2006 Miscellaneous Concrete Repairs and Installations, City Project #0600 and authorize final payment of$15,290.61 to Ron Kassa Construction, Inc. ofElko, Minnesota 14) Adopt Resolution No. 2006-243. being a Resolution establishing senior citizens or retired and disabled person hardship special assessment deferral Motion to waive the reading of Resolution No. 2006-243, there being ample copies available to the public. Motion to adopt Resolution No. 2006-243 being a resolution establishing a new maximum income of $26,200 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. RESOLUTION NO. 2006-243 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL -8- City Council Minutes December II, 2006 Page 5 of 23 WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. 7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 8. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 9. The deferral shaH apply to only 50% oftne annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $26,200. II. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. 15) Adopt Resolution No. 2006-248, being a resolution adopting the 2006-2007 Snow and Ice Control Policy Motion to wave the reading of Resolution No. 2006-248, there being ample copies available to the public. Motion to adopt Resolution No. 2006-248, being a Resolution adopting the 2006-2007 Snow and Ice Control Policy for the City of Columbia Heights. Fehst stated that the Huset Park trail has been included for snow removal. Kevin Hansen, Public Work Director, listed the specifics ofthe new area to be cleared. RESOLUTION NO. 2006-248 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY - 9- City Council Minutes December II, 2006 Page 6 of 23 WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. 16) Establish a Public Hearing to consider Re-assessment for 42nd Avenue Motion to establish Monday, January 8, 2007, at 7:00 p.m. as a Public Hearing to consider a re- assessment for 233 42nd Avenue for mill and overlay on 42nd Avenue. Hansen stated that there must be an assessment hearing to correct this. 17) Change Order No.2 and final payment for MSC Building Renovation and Remodeling, City Proiect #0503 Motion to authorize Contract Change Order No.2 for additional work items as detailed herein for the MSC Building Renovation, City Project 0503 to Ebert Construction in the amount of$17,038.57 to be funded by Fund 411, Capital Improvements Government Buildings, for a revised contract amount of$933,122.12. Motion to accept the work for the MSC Building Renovation Project and authorize final payment of $62,842.54 to Ebert Construction of Loretto, Minnesota. Nawrocki questioned what a CMU was. Hansen stated concrete maintenance unit, for replacement of bricks, which exceeded the bid amount. 18) Adopt Resolution No. 2006-265, being a Resolution approving a Conditional Use Permit for retail space in the LB District, located at 3900 Stinson Boulevard - removed 19) Approve the items listed for rental housing license applications for December 11, 2006 Motion to approve the items listed for rental housing license applications for December 11,2006. 20) Approve Business License Applications - removed 21) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 119547 through 119706 in the amount of$8,212,672.77. F ehst stated that $6 million are funds received and paid to our bank. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items, with the exception of items #4,5, 11, 18 and 20. Upon vote: All ayes. Motion carried. 4. Renewal of contracts for Public Library Services and Integrated Library System (ILS) Services with Anoka County Library Nawrocki asked if this is a yearly cost. Becky Loader, Library Director, stated it is a $5,900 increase and is in the budget. Motion by Nawrocki, second by Williams, to authorize the Mayor and City Manager to enter into a contract ("Agreement to Provide Public Library Services") with the Anoka County Library. Upon vote: All ayes. Motion carried. - 10- City Council Minutes December 11, 2006 Page 7 of 23 Motion by Nawrocki, second by Williams, to authorize the Mayor and City Manager to enter into a contract ("Agreement for Integrated Library System Services") with the Anoka County Library. Upon vote: All ayes. Motion carried. 5. Adopt Resolution No. 2006-254, being a Resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2007. Nawrocki asked what the present salaries are. Fehst stated the present rate is three percent less than the recommended rate. Nawrocki asked if the engineering aid is additional. Hansen stated that is a budgeted summer position for surveying. The position in the budget tonight is part time. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2006-254, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-254, being a Resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2007. Upon vote: All ayes. Motion carried. RESOLUTION 2006-254 ADOPTING CHANGES IN WAGE RANGES AND EST ABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND INTERNS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and interns, an indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1, 2007. 11. Adopt the 2008 Murzyn Hall rental rates Nawrocki asked if this is a five percent increase. Fehst stated yes, with exceptions. Keith Windschitl, Recreation Director, stated the rate increase requested for the main hall was based on the heavy usage. Nawrocki stated the history of Murzyn Hall. He questioned the 50 percent discount exception and if this was in addition to the resident discount. Windschitl stated that discount would be on a room requested for two hours or less. Windschitl stated the Park and Recreation Commission recommended only one discount be allowed per usage. Windschitl explained the 25 percent resident discount policy. Nawrocki stated that we are not treating the residents fairly. Williams stated that not all residents use the hall, so all residents would pay through higher taxes. We must pay for operations and it should be paid for by the users. Nawrocki stated he would vote against a rate increase for residents. Windschitl stated that at this point there are only four Saturdays available in 2007 and that the increase is to offset operation costs. Nawrocki stated when he visited the facility on one evening there were six different groups using the facility. He stated that the building was not built to generate revenue, but for the public to recreate. Motion by Williams, second by Diehm, to adopt the 2008 Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of November 21, 2006. Nawrocki questioned if the increase would reduce the Recreation Department budget. Windschitl stated this request is for 2008 rates. Upon vote: Kelzenberg, aye; Williams, ay' ~ 11-1m, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 City Council Minutes December II, 2006 Page 8 of 23 nay. Motion carried. 18. Adopt Resolution No. 2006-265. being a Resolution approving a Conditional Use Permit for retail space in the LB District. located at 3900 Stinson Boulevard Jeff Sargent, City Planner, presented the request of Tim and Marian Richman, book company owners. They live 400 yards from this building and want a business next to their home. The primary use will be a design studio. The retail space is 600 square feet. Jeff Sargent stated that Mr. Richman is well within the requirements ofthe conditional use permit (CUP). The rest of the space will be a professional studio. Nawrocki questioned the lots tied to this property. Sargent stated there are two lots north of the property, which are used for parking, but zoned Residential. Mr. Richman would be allowed to continue that usage with the CUP. They hope to turn the area into green space. The request of the neighbors is that nothing be built on this space. Sargent stated that the applicant could develop those properties as single family residences. Nawrocki wished him good luck. Motion by Nawrocki, second by Williams, to waive the reading of Resolution 2006-265, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-265, approving a Conditional Use Permit for retail space not exceeding 2,500 square feet in the LB, Limited Business District, located at 3900 Stinson Boulevard, subject to the conditions stated in the Resolution. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-265 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MARIANNE RICHMOND STUDIOS, INC. WITHIN THE CITY OF COLUMBIA HEIGHTS, WHEREAS, a proposal (Case #2006-1201) has been submitted by Marianne Richmond Studios, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the follo\vin.g site: l\DDP~SS: 3900 Stinson Boulevard, LEGAL DESCRIPTION: On file at City HaiL THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (D)(3)(r), to allow retail sales not exceeding 2,500 square feet in area, in the LB, Limited Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 5, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of ftre, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following fmdings of the Planning Commission: 1. 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. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. 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. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. 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. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable reg - 12 -; for the district in which it is located. City Council Minutes December II, 2006 Page 9 of23 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS A IT ACHED: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The gravel driveway on the south end of the property shall be resurfaced with a hard-surface material as approved by the City Engineer. 20. Approve Business License Applications Motion by Diehm, second by Kelzenberg, to approve the items as listed on the business license agenda for December 11, 2006 as presented. Nawrocki stated that two of the licenses are for Savers and Unique Thrift. Savers is conducting part of their business on the fire lane. He asked if a second hand license allows business in the parking lot? Wellie Auto wanted to add service bays and were told it would be unsightly. Three days this week Savers had their goods in the fire lane. F ehst stated that is a loading zone. Nawrocki suggested more control or criteria in the licensing process. Fehst stated that we have restrictions on the locations. Diehm stated that in 2007, when we look at commercial property maintenance, that could be addressed. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2006-257. being a Resolution for Rental Housing License Revocation at 3911 '" T _ __ "r\_______ nL____L V WI DUlt;U ';:)llt;t;L Fire Chief Gary Gorman stated that the owner failed to submit the license application and fees. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-257, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki stated there is a car parked on the grass of the property. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-257, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Svitlana Moore regarding rental property at 3911 Van Buren Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-257 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Svitlana Moore (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3911 Van Buren Street NE, Columbia Heights, Minnesota, - 1 3 - City Council Minutes December 11, 2006 Page 10 of 23 Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 21, 2006 of an public hearing to be held on December 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 November 8, 2006, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 21, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U39I1 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 frrst day of posting of this Order revoking the license as held by License Holder. B) Adopt Resolution No. 2006-258. being a Resolution for Rentai Housing License Revocation at 563 38th A venue - removed C) Adopt Resolution No. 2006-259. being a Resolution for abatement of violations at 4625 Tyler Street Gorman stated that this is a four-plex that has been through the abatement process. The units are vacant and are being damaged. The units were winterized and boarded up. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-259, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-259, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler 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 2006-259 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 Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4625 Tyler 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 November 20, 2006. Now, therefore, in accordance with the foregoing, an0 ,,11 l'\rtfinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes tI - 14 - N'ing: City Council Minutes December II, 2006 Page II of23 FINDINGS OF FACT 1. That on November 8, 2006 the building was posted with unlawful to occupy notices due to the rental license being revoked. Inspectors found all units vacant with signs of interior vandalism and trespassing, due to no response from, and no known location of the legal owner of the building the Fire Chief ordered that the building be winterized and boarded up. 2. That on November 17, 2006 a contractor hired by the Fire Department winterized the building and boarded the building up. 3. That on November 20,2006 notices were sent to the owner via regular mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access, and winterized the units to prevent any damage to the building due to cold weather. 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 4625 Tyler 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 4625 Tyler 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. D) Adopt Resolution No. 2006-260, being a Resolution for abatement of violations at 4633 Tyler Street Gorman stated this was for the same reasons as the previous abatement. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Mntlnn h" 1\.T<>nTrA"J.... """Ant'! h" 'U.ll.!>.,.,,, tA "lAC" thp nnhlil' hp<lnna <lnrl to W<llVP. thp. rp.::Irl,np of ~y...v...ua..a '-'J ..L ......."".......,_.&.10...., u-_v....&...........J y, ...............-...J1........, ..- _...._l",I_ ........- t"'-...........- ......--............0 -......-...-- .. --. -' ---..... - -'------c -.- Resolution No. 2006-260, there being ample copies avaiiable to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-260, a resolution of the City Council of the City of Columbia Heights declaring the property at 4633 Tyler 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 2006-260 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 Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4633 Tyier 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 November 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 I. That on November 8, 2006 the building was posted with unlawful to occupy notices due to the rental license being revoked. Inspectors found all units vacant with signs (_ 15 _or vandalism and trespassing, due to no response from, and no known location of the legal owner of the building the F 11 <:; u11cf ordered that the building be winterized and boarded up. City Council Minutes December II, 2006 Page 12 of23 2. That on November 17,2006 a contractor hired by the Fire Department winterized and boarded the building up. 3. That on November 20,2006 notices were sent to the owner via regular mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access and winterized the units to prevent any damage to the building due to cold weather. 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 4633 Tyler 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 4633 Tyler 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. E) Adopt Resolution No. 2006-261. being a Resolution for abatement of violations at 4752 5th Street Gorman stated there is a large list of outside storage items. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-261, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-261, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4752 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. RESOLUTION 2006-261 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 Michael Jaster (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4752 sth 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 certified mail to the owner of record on November 27,2006. 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 November 6, 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 November 27,2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on December 4, 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: Shall remove all/any outside storage fr('~ .1-.0 "">roperty. Items include, but not limited to; gas can, screen, -16- City Council Minutes December II, 2006 Page 13 of23 couch, screen door, door, carpet, bicycle parts, shoes, appliances, window screens, downspouts, dry vac, boxes of clothes, tables, chairs, exercise equipment, fish net, CD rack, car seat, lamp, bicycle, mop bucket, step ladder, boxes of toys 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 4752 51h 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 4752 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. F) Adopt Resolution No. 2006-262 being a Resolution for abatement of violations at 3935 Polk Street Gorman stated that the property has a large item by the garage in the alley. Diehm asked ifit would be removed by Allied. Gorman stated yes. Nawrocki asked if Allied left a note regarding pickup options when picking up refuse in the alley. Hansen stated that appliances are picked up on the street. Nawrocki asked if the hauler is leaving tags on the leafbags on curbs. Fehst stated that they should be. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-262, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-262, a resolution of the City Council of the City of Columbia Heights declaring the property at 3935 Polk 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 2006-262 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 Oscar Curtis (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3935 Polk 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 certified mail to the owner of record on November 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 October 19, 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 November 9, 2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. - 1 7 _ 3. That on December 4, 2006, inspectors reinspected _._ r' -r'erty and found that one violation remained uncorrected. City Council Minutes December 11, 2006 Page 14 of23 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: Shall remove aIVany outside storage from the property. Items include, BUT NOT LIMITED TO; DISHWASHER 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 3935 Polk 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 3935 Polk 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. 2006-263. being a Resolution for abatement of violations at 4329 Main Street Gorman stated the property has a damaged garage, debris, damaged doors and roof, and is missing a section of chain link fence. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Kelzenberg, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2006-263, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Nawrocki, to adopt Resolution No. 2006-263, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4329 Main Street N.E. a ~___~,.___ _._ ;-_..J :-________~.:__ LL.... :-'-:-",......___.....__"- .-..c......:__t....4-.:......._..... .c.........._ ...t......... __,.,._......~.. _~.._n"l..n_+ +~ ~;+"[r f"'1n.rlo ~.o.,.....+;n't"\ llUI:si:Ul~C;; i:UIU l1l-'l-'lUV Hl~ LHC i1Ul1LCH1I;;llL Ui V 1U1<1L1UH::> HUll1 Li1\J plUp\JllY PUli3U<UlL 'V vlL,] vvu.... "'........vu 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-263 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 Bart W. Mady (Hereinafter "Owner of Recordtl). Whereas, the owner of record is the legal owner of the real property located at 4329 Main 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 certified mail to the owner of record on November 15,2006. 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 October 4,2006 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 November 15,2006, inspectors reinspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on December 4,2006, inspectors reinspected the property and found that six 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: Shall replace all missing/damaged fascia on the garage, shall remove timbers in the back yard, shall remove the scrub growth around the following areas, he _ 18 .lce and garage, shall repair the damaged rear screen door, shall City Council Minutes December II, 2006 Page 15 of23 repair the damaged roof and the damage soffit and the damaged fascia on the building, shall replace the missing section of chain link fence. 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 I. That the property located at 4329 Main 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 4329 Main 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. 2006-264, being a Resolution for abatement of violations at 4942 ih Street Gorman stated the property is vacant. There are four items to repair. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-264, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-264, a resolution of the City Council of the City of Columbia Heights declaring the property at 4942 ih 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. Williams stated that at one meeting a young man indicated that he learned how to take care of his home due to this process. Gorman indicated the desire to better educate the public. Fehst stated that the process of our administrative search warrants were questioned by the Judge that issues them. Jim Hoeft, City Attorney, stated that Judge Roith handles these warrants and that the volume of warrant requests has increased significantly. A packet has been put together for the Judge with the requested information and we would like to inform a few other judges to distribute the cases. Gorman indicated this put us behind about a month, which is all right this time of year. RESOLUTION 2006-264 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 Jan Blanchard (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4942 71h 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 certified mail to the owner of record on November 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 -19- City Council Minutes December II, 2006 Page 16 of23 1. That on September 28, 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 November 9,2006, inspectors reinspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on December 4,2006, inspectors reinspected the property and found that four 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: Shall repair and paint the overhead garage doors, shall replace the missing siding on the southwest corner of the garage, shall repair the deteriorated driveway, shall replace the missing shingles on the house roof. 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 4942 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 4942 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. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Addition to the agenda Nawrocki requested to have a policy where proposals and bids for goods or services over $10,000 come before the Council, to give Councilmembers the opportunity to ask questions. Motion by Nawrocki that proposals to seek prices for good or services in excess of $ 10,000 come before +t....... f"'"'t_....._......~1 ,.._ ,..:I...rs....,. ......,,_ nn1, ",.,o,n+;",",C" L11\:1 \......-VUU\..rll -:)v uu....y '-'a.11 Q..;:).l'\. 'iu....~L.1vu.~. Fehst stated that the City Charter allows Council to set the amount for the Manager to approve, which is $15,000. Fehst indicated that we are voting on $35 million budget tonight. Nawrocki gave examples of items that he thought should have had discussion before the bid process. Diehm asked ifhis concern was for items below $15,000 or ifhis concern was receiving information before the bid. Nawrocki stated his concern was for items below this amount and that the Council is responsible for spending taxpayer's money. Council members should be able to check equipment suggested for replacement to make up their own minds. Peterson stated members do that now. Diehm stated that she personally does not check equipment as she would not know if there was still a useful life for the piece. She stated her comfort that if an item is approved in the budget she trusts the process. She indicated that she does not want every budgeted item to come back for re-approval. Nawrocki stated this is for procurements over $10,000. Williams asked how long the $15,000 limit has been in place. Fehst stated four years. Williams stated this process has worked fine. The budget increase was only 2.4 percent. We are very conservative and frugal with our citizen's money. Fehst stated that we attempt to present equal amounts of information on the breakdown of the budget and equipment purchases. The equipment requests are in power point presentations. Fehst stated that we have a competent staff and that he trusts in what they do. Nawrocki stated he is not trying to stifle the staff, but just trying to get information. -20- City Council Minutes December II, 2006 Page 17 of23 Diehm stated that in the budget proposal tonight, in the add backs, there is $26,000 for a generator at pump station #2. Staff should not have to come back to Council for approve to obtain bids on the generator. Diehm suggested contacting the City Manager for information on items over $10,000. Williams indicated that at the meeting of Mayors and City Managers, most Managers run their city through the Division Heads. One person can not know everything. Peterson stated that he does go to the Public Works Department and ask questions and get the employee's opinions. They are professionals in their fields, and they do their job. If they don't, the City Manager will get someone that can do the job. Williams indicated that when he checked equipment a few years ago, staff was trimming trees out of the back of a dump truck, which was very dangerous. Fehst commented on our good staff of supervisors, and Steve Synowczynski and the great job he does on maintenance. Nawrocki stated that he would not vote for the budget if there is no control on how the big expenditures are made. Peterson called for a second to the motion. Motion died for lack of a second. 1. Adopt Resolution No. 2006-255. being a Resolution adopting a budget for 2007. setting the City. Library and EDA levy at $6500.613 and approving the HRA levy of$161.366. Fehst stated there were 13 public meetings on the budget including the Truth In Taxation meeting last Monday night. The General Fund budget increase would be a $153,000 increase to the budget of $8,711,000, of which 50 percent is the Police and Fire Departments. The EDA levy is up substantially for preparation of the Comprehensive Plan that is mandated every ten years. We have added back $103,000, based on Council input, a library conference attendance and library association fees, drug task force officer, overtime in Grid 8 for police presence including Circle Terrace, Public Works generator replacement at pump 2 and replacement of picnic shelter at Silver Lake beach. There '.vas a $20,475 error that would come from the fund b~lance_ At the last meeting there was a request on fund balance information, which the Finance Director has reported on. The most significant fund balance that pays the general freight is under-funded by $1,023,096, which we are trying to increase. We only receive funds from the State twice a year and we are still under- funded by a million dollars. Enterprise funds must be spent on that type of activity. We do have a big ticket item replacement fund which was set up a long time ago. We also put money in the capital improvements/general building fund. Fehst stated his belief that people should "pay as you go" for services rendered. Tax caps imposed on cities over the four to five years from cutbacks in the state, cause everyone to suffer, but inner ring suburbs suffered more with the shift of less tax to commercial and more to residential. Fehst recommended approval of the budget. Nawrocki stated that tax payers have been asked to pay more than needed, which result in fund balances. Community Development got an increase of$280,000 for contingencies and transfers, why is that? Fehst stated $66,000 is the EDA increase and $50,000 is for the Comprehensive Plan. Nawrocki questioned protective inspections. Fehst stated the Building Inspector has anticipated additional costs with a good portion to be off set by revenues. Nawrocki felt there was room for adjustment. He stated that regarding funds added for Grid 8, we do have a problem there, but crime is not just in Grid 8. He supports the additional patrols in the summer. He indicated that the Police Chief provided information on the need for services and that Grid 8 includes the schools, which requires additional resources. Peterson stated that we should not just monitor the problems, but get the problems out of town. We need to be proactive and clean up our community. He asked Nawrocki ifhe had a motion to make it. Nawrocki questioned the value and need for the additional $45,000 request. -21- City Council Minutes December II, 2006 Page 18 of23 Motion by Nawrocki that the $45,000 add-on to the Police budget be removed. Peterson called for a second. Motion failed for lack of a second. Peterson stated that if we take care of crime in the Grid 8 area it will free up officers for other areas. Deb Johnson, 4626 Pierce Street, stated that as the schools are in Grid 8, we need the police there. Students walk in the middle of the street and are in trouble all of the time. We give them sidewalks and they don't use them. Nawrocki questioned the need to increase the Fire Department secretarial position from .62 to .87, adding $10,000 to the budget. Motion by Nawrocki to remove the increase of hours for the Fire Department part time secretary. Fehst stated community clean up activities are taking up more time with the abatement process. The Fire Chief is concerned that there is not enough time for training/fire duties and is asking for help. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki questioned the additional money for the inspection program. Fehst stated that a portion was encumbered, but not all was spent. Motion by Nawrocki that additional budget funds for the home inspection program be removed from the budget. Peterson called for a second. Motion died for lack of a second. Nawrocki indicated that the Special Project Coordinate position was not filled, so the fwids should be removed from the budget. Fehst stated that we used to have three more people in the Administration Department than we have now. The status of the position has not been determined. We might be able to get by with an intern, but some things do not get done or fall through the cracks. There have been cuts in the Finance Department. Staffhas many hats and can not always do their jobs. This will be discussed again next year. Motion by Nawrocki to remove $39,971 for the Special Projects Coordinator position from the budget. Peterson caned ror a second. lVlotion died for lack of a second. Nawrocki stated he would not be surprised that all of that money would be spent. Fehst stated that if we do need to hire someone we would. Peterson stated that Councilmember Nawrocki's statement was accusatory and out of line. Diehm stated her feeling that we are here to hear Councilmember Nawrocki's opinions and she has not had a chance to response, but could give her comment in one minute. She requested that is Councilmember Nawrocki had a motion to make it, as we do not need a ten minute dissertation on each item. Nawrocki stated that there is no comment on the City Manager making his comments. Nawrocki stated that he would hold no one back from expressing his or her opmlOn. -22- City Council Minutes December II, 2006 Page 19 of23 Motion by Nawrocki that the $36,100 for an additional Clerk Typist II in Public Works be stricken from the budget. Fehst stated that is not a new position, but one that was not filled with budget cut backs. Peterson called for second. Motion died for a lack of a second. Nawrocki stated in the Public Works Expert and Profession Services general fund there is $13,400 and questioned what that is for. Bill Elrite, Finance Director, stated it is consulting fees for the full time position ofthe engineering technician that was not filled. Fehst stated it was for a person that left mid-year. Motion by Nawrocki that the $13,400 in Expert and Professional Services be removed from the budget. Elrite stated that in 2006 the Engineering Tec position was under personnel. In 2007 we deleted that position from personnel and put it in consultant services. There is a deduction on the personnel side of the budget. Nawrocki questioned the personnel percentage difference from last year. Fehst attempted to describe the position status. Nawrocki listed the various engineering technician positions in the budget. Peterson called for a second to the motion. Motion failed for lack of a second. Motion by Nawrocki to remove $9,029 from the Enterprise Fund Expert and Professional Service. Peterson called for a second. Motion failed for lack of a second. 11.6_ .t.~___ 1___ .....T_______ _1_~ L_ _______~_ /""'t__.:L....1 1:'..........:__......_4- ct'.,t::. f\t\c .c........_ k...,Arrl:':'lo+ l".UlIUll uy l'li:1WIVI.;K.l 1V lc;UlVVc; '.Al1-'Ha1 .1.:,I.{U11-'1111;;111 4lJV,VV..J HVH! V......o..... Peterson called for a second. Motion failed for lack of a second. Nawrocki questioned the Public Works Capital Outlay Equipment increase from $178,000 to $458,000. Fehst stated it is in the budget. Diehm stated there is a difference in spending time on the budget and remembering what every amount is for. Nawrocki stated that the tax levy is increasing more than $153,000. The HRA levy is in addition to and is increasing by $14,464. Fehst stated that the EDA and HRA recommended these increases. Motion by Nawrocki to reduce the proposed property tax levy by $153,076 with fund balances sitting in reserves. Peterson called for a second. Motion failed for lack of a second. Nawrocki referred to water and sewer rate increases of 50 percent over five years. He referred to Resolution 2003-50 from the Council meeting of 12-15-03 regarding sewage disposal and water rate increases. He stated his presumption that at the beginning of the year the rates will be further increased. Fehst stated it was clear from the 2003 action that they would not increase rates that much without the garbage rate decrease. He indicated that if you pay as you go for the service rendered there would only be minor increases. However, there were no increases for many years and it catches up with you. For seniors the total increase is a little over one percent a year. There was discussion at that time of the reduction to solid waste ra _ 23 -_lwrocki stated the meeting action was for water, City Council Minutes December I I, 2006 Page 20 of23 sewer and storm sewer rates. For the average household for a five year period the increase was 50 percent. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-255, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-255, being a Resolution adopting a budget for 2007, setting the City, Library and EDA levy at $6,500,613 and approving the HRA levy of$161,366. Diehm stated that as a Council we have spent a lot of time compared to other communities on this budget. Regarding the police issue, she discussed with the Chief keeping the Grid 8 funds and how that would better serve the city. It would be a mistake to cut those funds and let crime deteriorate further. Regarding housing maintenance inspection services, residents are pleased with the progress to clean up the community and holding our housing code to a standard this high. Some residents have seen their property values decrease. It is important to keep money in place to take care of issues that will keep our property values high. The Auditor warned us that we must have money in reserves to pay our bills as we only received funds twice a year and to keep our financial rating high to receive a reasonable rate on funds borrowed. Diehm indicated that each Councilmember offers a difference of opinion, but stated her wish to find a way to express our differences in a way that is not as controversial but more conversational and not just a back and forth with Mr. Nawrocki. Peterson stated that he has taken part in hundreds of meetings where everyone is open and honest and working to make the best deal for our citizens. He indicated that he is also a resident and pays for these things. Don't loose faith in government. No one is trying to hide anything. All meetings are open to the public. T Inn" "nt",. T< ""l'7",nh",rCT "',,"'. 'X!;l1;"'tnc "',,"'. n;",htn "'VP' N<lu/Ti"\{"'!c; n<lv' Pptpr<;:on l'lVP 4 l'lVP<;: - 1 '-" y'"'.&.'" ,,'"',,_. .......-...""-..............-...0' -J -, ,. .............-..........., -J -, ~ ...-..............., -J -, .... .-..... --........, ......-J' .... -...-.......---..., -.I -- ~ -.1 -- - nay. Motion carried. RESOLUTION 2006-255 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2007, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2007 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers -24- Expense 8,711,736 917,211 317,228 159,828 190,074 683,095 5,375 156,055 395,500 598,760 955,000 550,169 7,225,307 6,214,700 2,178,338 1,613,395 1 ,391,506 369,835 268,535 1,897,206 J4,l!l8,853 City Council Minutes December 1 I, 2006 Page 2 1 of 23 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2007: General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvements Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor CapftaVNon-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Revenue Including Interfund Transfers Revenue 8,711,736 917,211 317,228 159,828 190,074 683,095 5,375 156,055 395,500 598,760 955,000 550,169 7,225,307 6,214,700 2,178,338 1,613,395 1,391,506 369,835 268,535 1,897,206 34,798,653 Section C. The following sums of money are levied for the current year, collectable in 2007, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 5,839,734 Estimated Library Levy 519,981 Estimated EDA Fund Levy Total 140,898 6,500,613 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2007 in the amount of $161,366. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county audftor is authorized to fix a property tax rate for taxes payable in the year 2007 that is higher than the tax rate calculated for the city for taxes levied in 2005, collectable in 2006. BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2007 Bond principal and interest payments and the county audftor is authorized to cancel all Bond Levies for taxes payable in 2007. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Audftor of Anoka County, Minnesota. Approved this 11th day of December 2006 2. Reschedule Second Reading of Ordinance 1519. pertaining to rezoning Peterson indicated this is for the theater site. He stated that Diehm would not be at the January 8 meeting. Jim Hoeft, City Attorney, indicated that down zoning requires a 3/5 vote for approval. Motion by Williams, second by Kelzenberg, to reschedule the second reading of Ordinance No. 1519 for Monday, January 8, 2007 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager . Members of the EDA spoke of coming to Council to recommend a Helping Homes initiative that would allow us to continue the 379 Tax Increment District to gamer funds. We will request feedback from the Council in a one-half hour meeting next week. . Referred to states that now sell beer, wine and liquor in their grocery stores. Grocery stores in our state would like to sell them. Children already ha - 25 - much access to liquor and drugs. It is not healthy to City Council Minutes December 11,2006 Page 22 of 23 make them more available by selling liquor in grocery stores. . Donations will be taken at our employee holiday luncheon for school supplies for children in Afghanistan. Nawrocki . The VFW is donating $500 to the School Supplies for Afghanistan project. . Setting of a special meeting was not on the agenda. Need more public information. Hope this is not additional money for what staff wants to do. There should be information to the public before going to the Legislature. Fehst stated we would schedule a public meeting to get the information to the public. . Requested address where 10 to 12 water heaters were picked up by our hauler. . Asked for compost regulations in the community and garbage can location requirements. . Number of dogs and cats allowed - no more than two or a kennel license is required. . 3808 Reservoir - they work on cars in the driveway. One car is without a current license plate. . Purchase of three properties on Central -no one talks about the taxes lost by taking over the property. Raised question about Welsh Companies representing us. Questioned the difference in the County's assessed market value versus the appraised value/purchase prices of properties. Fehst stated that private appraisers were hired and comparable property sales were given. He stated that Welch Companies did make a disclosure. They did not make a written disclosure. Diehm stated that as a public body we must pay a fair market value, and are stuck with appraisals as a minimum. It should be a negotiated process. Peterson referred to meeting guidelines that indicated once a decision is made to move on and not keep bringing up the issue. Move forward. Report of the City Attorney - none CITIZENS FORUlVi - none. COUNCIL CORNER Kelzenberg - . Had a good time singing holiday carols around the clock tower with the Mayor and the public. . Wished everyone a Merry Christmas and Happy New Year. Williams . Kindness and compassion are our values of the month. Two solid citizens passed away this month. Enjoy every day as a gift. . Thanked the citizens for working with us and supporting us - we do the best job we can. We watch the budget and watch our dollars, and show compassion for each other. . Have a great New Year. Peterson . People should reflect on life and put their priorities in order. We just lost Claudia Nedegaard and then Bruce Nedegaard. One reason the old Kmart site was dwindling was because of health issues of the principals. Our thoughts go out to their children. Confident they will continue and do a great job. Edith Wargo was also put to rest. She was the first female to graduate law school at the U of M. . Received news that one of our employees just lost her mother on the east coast - help her through this. . Treat one another with respect. . Don't take ourselves too seriously and do _ 2 6 ~om act of kindness. City Council Minutes December II, 2006 Page 23 of23 Diehm . Many local holiday events available - check out the school choir and band concerts. . Wished Happy Holidays to those in the community and staff, or whatever holiday you celebrate. Nawrocki . Attended DARE program. Officers Joe Sturdevant and Mike McGee do a great job with this program. . Tomorrow night is the DARE graduation at Valley View Elementary. . Immaculate Conception has a DARE Care run by McGee. . Spoke of the meaning of Christmas that transcends all faiths. Merry Christmas to all. Peterson stated that the only thing we can control is our attitude. When the City Council comes back in 2007 it is with the hope of a fresh attitude. He thanked our service men and women, no matter where they are serving and wished them the best. Nawrocki indicated he would appreciate the same type of respect that is expected of him. ADJOURNMENT Mayor Peterson wished everyone a Merry Christmas and a Happy New Year. He adjourned the meeting at 10:58 p.m. "Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -27- })~-A-J - ~ COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES December 5, 2006 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Catherine Vesley, Patricia Sowada, Bruce Kelzenberg, Nancy Hoium, Lynette Thomson and Becky Loader. It was moved, seconded, and passed to approve the minutes of the November 1,2006, Board meeting as mailed. The minutes of the joint Library Board/City Council budget meeting were reviewed. Bill list dated 11/13/06, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 11/27/06, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 12/11/06, was also reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. Old Business: 1. There is no update at this time concerning the Mady's site. The developer is meeting with the City Council in the near future. The Board tabled this matter until the January meeting. 2. An update on the progress of the restroom stalls was provided. The stall in the men's room is complete. The wrong color was delivered for the women's room and we are currently waiting for the replacement. 3. Truth in taxation meeting was held on December 4. The budget is on the agenda for the December 11, City Council meeting. 4. The Anoka County Library contract has been finalized. The various terms of the contract were discussed. There are actually two contracts, one for public library services and one for the automation contract. Motion by the Library Board to unanimously recommend that these contracts be entered into between the Mayor and City Manager of the City of Columbia Heights and the Anoka County Library. This item is on the agenda for the December 11 City Council meeting. 5. Year-end expenditures were discussed. The various projects that have been completed and still need to be completed were reviewed. 6. The Activity Center article of 11/16/06 in the Sun Focus was reviewed. 7. Museum Adventure Pass program comments and statistics were discussed. 1 -28- New Business: 1. Becky met with the City Attorney about the use of a "sale cart" rather than the annual Book sale. The selling of books on Amazon or e-bay was also discussed. These projects will be receiving further attention in the coming year. 2. The Foundation Board would like to meet with the Library Board on either January 8 or January 22. The Library Board chose January 8 at 7:00 p.m. to meet for a brainstorming session. 3. The article concerning the Google Literacy portal and rebuttal was reviewed by the Board. 4. The Crossover statistics for August, September, and October will be available at the next meeting. 5. Catherine Vesley shared a copy of the book Picturing Anoka County. A copy of this title has been ordered for the Library collection. There being no further business the meeting was adjourned at 8:25 p.rn. Respectfully submitted, ~ )1]. <4~ Jeanine 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. 2 -29- PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JANUARY 3, 2007 7:00 PM Not \{- e:-t- f\ \)~ \'0 \.i ('-co . .::-/:1 -, - \r ...J ~. U 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 Bruce Kelzenberg (Council Liaison). Motion by Thompson, seconded by Schmitt, to approve the minutes fi'om the meeting of December 5, 2006. All ayes. MOTION PASSED. Szurek noted that an addition would be made to the agenda under Other Business to discuss possible changes to the Zoning Ordinance regarding Temporary Signage. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0101 Pratt Ordway, LLC 2101- 37th Avenue Final Plat Approval, Conditional Use Permit, Site Plan Approval, and Variances INTRODUCTION At this time, Pratt Ordway, LLC is requesting five (5) approvals in association with the construction of a senior assisted living facility. They are as follows: 1. A Final Plat Approval. 2. A Conditional Use Permit for a senior assisted living facility in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3)(i). 3. A Site Plan Approval. 4. A 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a). 5. A 19-foot front yard parking setback in the R-3 District per Code Section 9.109 (C). The applicant has gone through the Preliminary Play process to split the subject property located at 2101 - 3 7ili Avenue into two parcels. The northern parcel will be approximately 2.47 acres and will be the location of a 52-unit assisted living facility to be constructed and managed by Comforts of Home. This property is in the process of being rezoned from GB, General Business to R-3, Multiple Family Residential. The second reading for the rezoning of this property will take place at the January 8,2007 City Council meeting. Comforts of Home provides various types of senior housing and levels of care to its customers, but will focus on a senior assisted living facility in Columbia Heights. The proposed Comforts of Home building will incorporate a Montessori school as well. The school will be run independently from the assisted living facility, and will be located on the north end of the building. -30- PLANNING & ZONING COMMISSION MINUTES PAGE 2 JANUARY 3,2007 The southern parcel will be approximately one (1) acre in size. This property will be a commercial pad and the location of a new City-owned liquor store. It should be noted that the Final Plat approval would plat the southern parcel. The southern parcel will not be taken into consideration in the site plan approvals for the Comforts of Home project, but will be reviewed by the Planning Commission with the construction of the City-owned liquor store. PLANNING CONSIDERATIONS Comprehensive Plan On December 29, 2006, the Metropolitan Council approved the Comprehensive Plan Amendment for the northern 2.47 acres devoted for the Comforts of Home building. The Comprehensive Plan was amended from a "Commercial" classification to a "Medium Density" classification. The Comprehensive Plan guides the Comforts of Home parcel as Medium Density, which is consistent with the proposed zoning of the land and the proposed use of the land as a senior assisted living facility. Zonine Ordinance The property at 2101 - 3 th Avenue is currently zoned GB, General Business. As part of the overall request for the use of the land, the applicant is in the process of rezoning the northern 2.47 acres of the property to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting property zoning classifications, and would enable Comforts of Home to locate on the parcel with a Conditional Use Permit. The R-3, Limited Multiple Family Residential District requires a minimum of 400 square feet of land area for every one (1) unit for a congregate iiving faciiity. The proposed assisted living facility wiH have 52 units, requiring a minimum of 20,800 square feet of land. The proposed land area for the parcel will be 107,593 square feet, meeting the minimum land area requirement for the district. The second reading of the ordinance to rezone the northern 2.47 acres of land for the Comforts of Home building will occur at the January 8, 2007, City Council meeting. The City Council would be able to approve the proposed Conditional Use Permit and associated variances after the second reading of the rezoning ordinance has been approved. The zoning ordinance at Section 9.109 (G)(3)(i) requires a Conditional Use Permit (CUP) for any type of senior living facility in the R-3, Multiple-Family Residential District. The housing market for senior living facilities is high in the Twin Cities Metro Area. The Comprehensive Plan indicates that by the year 2010, an estimated 25.7% of Columbia Heights' population will be 55 years of age or older. A housing goal as listed in the Comprehensive Plan is to provide a variety of life-cycle housing opportunities within the community. The proposed CUP would help supply senior housing and provide the life-cycle housing opportunities needed in Columbia Heights. The proposed project includes a Montessori School as well. All schools in the R-3, Multiple Residential District require a CUP. The approval of the CUP for the assisted living facility will also include the approval for the Montessori School under one resolution. As a condition of approval, Comforts of Home would have to inform the City of any change in ownership or change in occupancy of the space to be devoted to the Montessori School. -31- PLANNING & ZONING COMMISSION MINUTES PAGE 3 JANUARY 3, 2007 In association with the CUP request, the applicant is also seeking the approval of two variances pertaining to parking purposes. The first is a 2-foot parking stall length variance. By obtaining this variance, the applicant would be able to configure the parking lot area in a manner that would promote good traffic flow, by not altering the location or size of the building. The total hard surface square footage would also be diminished, which would aid in the storm water management of the site. The second variance is a 19-foot front yard setback variance. As a function of the location of the building and a large storm water holding pond on site, the applicant's only alternative for the location of some of the parking stalls was a location 11 feet from the front property line. The proposed variance would enable the applicant to have good traffic flow throughout the site and would help facilitate a pedestrian link to a future pedestrian trail along the west side of Hart Boulevard. Site Plan MONTESSORI SCHOOL. The Little Voyagers Montessori School has entered into an agreement with Comforts of Home to locate their facility on site. The school will be attached to the north end of the Comforts of Home building and will be approximately 6,750 square feet in area. The compatibility of the Montessori and assisted living uses is strong. The school is planning to incorporate programs that integrate the two uses, and has good results with such programs in the past. P ARKJNG. The City Code requires a minimum of 1 parking space for every 2 units in an assisted living facility. The proposed Comforts of Home building will have 52 units, requiring 26 parking stalls. The City Code also requires 10 parking stalls plus 1 parking stall for each classroom for a school. The Montessori school will have 4 classrooms, and the school in total will require 14 parking stalls. As a whole, the entire project \"Iill require 40 on-site parking stalls. The parldng breakdown is as tollows: USE Comforts of Home Montessori School TOTALS: PARKING REQUIRED 26 14 40 PARKING PROPOSED 32 44 76 The proposed plans indicate that there will be 32 underground parking stalls servicing the Comforts of Home building, and an additional 44 parking stalls at grade level for a total of 76 parking stalls on site. Being that the development is only required to have 40 parking stalls, the project will have adequate parking. LANDSCAPING. The City's landscaping requirements require a minimum of one tree for every 30 feet of street frontage or fraction thereof. The trees shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape patterns in the area. The landscaping code also requires parking areas to have a minimum of 100 square feet of landscape area and lover-story tree for each 20 spaces, or fraction thereof. The proposed development has approximately 345 feet of frontage along Hart Boulevard, requiring 12 trees planted in the front yard area. The proposed plan indicates that there will be 20 trees planted within the front yard of the property. There are also 44 above-ground parking stalls located on the property, requiring at least 2 over-story trees to be planted in the parking area. The proposed landscape plan indicates that there will be 12 over-story tree<1 nbnted in the parking lot area. -32- PLANNING & ZONING COMMISSION MINUTES PAGE 4 JANUARY 3,2007 UTILITIES. The prior use of the property was for the Apache Theatre, which had been adequately served by all essentials services. The proposed utility plan has been reviewed by the City Engineer and was determined to be sufficient for the proposed use of the land. STORMWATER MANAGEMENT. Initially, the applicant wanted to use rain gardens as a viable means of storm water infiltration and retention. The project would have incorporated three rain gardens throughout the site, ultimately filtering into a large holding pond on the southwestern portion of the property. After soil tests were preformed on the property, it was determined that the soils were heavily clay-laden, and not conducive to rain garden applications. The proposed plan indicates a biofilter system in place of the rain gardens. The biofilter consists of native plant materials tolerant of inundation and drought, with layers of sand and gravel to help filter out large particulate matters. At the bottom of the system is an 8" perforated underdrain outlet pipe that would pipe the water to the large retention pond on the southwest comer of the development. The retention pond was initially sized to accommodate the entire site plus the commercial property's rainwater runoff to the south. Given the topography of the land and the area restrictions, the initially proposed pond was very deep and would have required a retaining wall around its perimeter up to 12 feet in height. After discussions with the applicant, it was agreed upon to create a secondary storm water pond on City property west of Hart Boulevard. This would enable the proposed retention pond to be lessened in size and would increase its aesthetic appeal. The storm water retention pond system would still serve both the Comforts of Home property as well as the commercial pad to the south. The City Engineer has reviewed all storm water management systems and has approved all as acceptable. Park Dedication It is deemed necessary and consistent with sound city planning to provide in each new proposed plan or subdivision, areas for future development of park and recreational purposes. Each plat shall provide for a dedication to the city, an area not less than 10% ofthe total proposed area to be subdivided. The applicant may contribute the cash equivalent to the city for the Parks Capital Improvement Fund of the city. The cash equivalent shall be 10% ofthe market value of the tract ofland of the newly created parcel as established by the Anoka County Assessor's Office. The park dedication fee for this project shall be $26,890. FINDINGS OF FACT Final Plat Section 9.104 (1) of the Columbia Heights zoning code requires that the City Council make each of the following 2 findings before approving a Final Plat: 1. The final plat substantially conforms to the approved preliminary plat. There are no significant changes between the approved Preliminary Plat and the proposed Final Plat, therefore the final plat conforms to the approved preliminary plat. 2. The Final Plat conforms to the requirements of 99.114. ~9.114 is the subdivision ordinance for the City of Columbia Heights. The proposed Final Plat conforms to all the requirements set forth in the subdivision ordinance. -33- PLANNING & ZONING COMMISSION MINUTES PAGE 5 JANUARY 3,2007 Conditional Use Permit Section 9.104 (H) of the Columbia Heights zoning code requires that the City Council make each of the following 9 findings before approving a Conditional Use Permit: 1. 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. A senior assisted living facility is specifically listed as a conditional use in the R-3, Multiple Family Residential District. 2. The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area for Medium Density Residential housing. The use of a senior assisted living, 52-unit building is in harmony with this classification. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed use lvill not impose hazards or disturbing influences on neighboring properties. An assisted living facility is tranquil in nature and the building itself will upgrade the current use of the land and complement the surrounding area. 4. The use will not substantially' diminish the use of the property in the immediate vicinity. The use of the property in the immediate vicinity will not be diminished in any way with the proposed use of the land as a senior assisted livingfacility. 5. 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. The use will be designed, constructed and operated by Comforts of Home. As a company, Comforts of Home ensures that their facilities are operated in a manner consistent with all state and local laws. The subject parcel and surrounding area are intended for redevelopment purposes. The proposed use would be compatible with the intended character of the areafor this reason. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. The existing use of the property is the abandoned Apache Theatre, which was adequately served by public facilities and services. The proposed use of the land will tie into the existing facilities on site to adequately serve the building. 7. 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. Assisted living facilities generally do not generate an excess amount of traffic on the surrounding public streets. The proposed project would generate an additional 146 trips per day on average, and would increase the traffic volume by 6.5 vehicles per hour on average during the peak evening peak rush hour. Kevin Hansen, City Engineer, has reviewed the proposed plans and has indicated that the increase in traffic would be minimal and that the local and regional road networks would be able to accommodate thp inrrease in traffic. -34- PLANNING & ZONING COMMISSION MINUTES PAGE 6 JANUARY 3, 2007 The on site circulation of traffic has been addressed as well. The applicant is requesting two variances in association with the parking setbacks and stall lengths to better help the circulation. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The proposed use will cause a positive cumulative effect on other uses in the immediate vicinity. This area was one of the areas that the City Council wanted redeveloped. The proposed plan will get rid of an abandoned, unused theater and will replace it with a senior housing use needed throughout the Twin Cities metro area. 9. The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the district in which is it located Site Plan Section 9.104 (M) of the Columbia Heights zoning code requires that the Planning Commission make each of the following 4 findings before approving a Site Plan: 1. The site plan conforms to all applicable requirements of this article. The site plan conforms to all applicable requirements of this article as they pertain to the building setback. The proposed site plan will need 2 variances. One is a 2-foot parking stall length variance, and the other is a 19-foot front yard setback variance for hard surface parking. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The City's Comprehensive Plan guides this area for Medium Density Residential. The proposed use of the land for senior assisted living is consistent with the provisions of the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. There are no area plans for the project site. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The properties most affected by the proposed site plan are those properties to the east and north of the subject parcel. The applicant has placed the building in such a manner as to screen the remainder of the property from the east and the north. The parking setback variance requirement is along the western property line, in a location that does not pose adverse impacts to the surrounding properties. Variances Section 9.104 (G) of the Columbia Heights zoning code requires that the City Council make each of the following 5 findings before approving a variance. The following findings of fact pertain to both the 2- foot parking stall length variance and the 19-foot front yard setback variance for hard surface parking: -35- PLANNING & ZONING COMMISSION MINUTES PAGE 7 JANUARY 3, 2007 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The building is placed in its proposed location in part because oj state and local requirements Jor storm water management. Because oj the natural topography oj the land, the biofilter areas and storm water retention pond were placed in their proposed locations. The building itself is oriented on the property in a manner that would not hinder the location oj the storm water management areas. As a result, the parking lot and parking stalls were configured to make the rest oj the property usable and to promote adequate traffic flow throughout the project. The parking stalls were reduced to 18 Jeet in length to accommodate adequate drive aisle lanes and to decrease the amount oj hard sUlface throughout the development. The parking lot setback was placed 11 Jeet from the front property line in order to promote better traffic flow throughout the project, and would still provide Jor adequate green space between the parking and the street curb. The orientation and placement oj the building would make it difficult to locate the proposed parking in an alternate location. 2. The conditions upon which the variance is base are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The property has more frontage along Hart Boulevard than is has depth. Because oj the configuration of the property, it makes it difficult to place the required storm water retention pond and associated Jeatures, the building, and the parking lot without encroaching on the property lines. The 2-foot stall length variance would ensure that the encroachment into the required front yard setback is not greater. The 19-foot front yard setback variance Jor hard sUlface parking is required because oj the orientation oj the building on the property. The orientation oj the parcel is unique to this specific parcel. 3. The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The R-3 District has strict guidelines as they pertain to both building and parking lot setbacks. The strict guidelines Jorce the building and parking lot areas to be confined to a specific area on the parcel. The City's R-4 District, which allows Jor a higher density use, has more lenient setback requirements Jor the building placement. The provisions oj the article cause the difficulty in placing the required elements on the property without needing variances to do so. 4. The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area Jor Medium Density Residential, which is consistent with the proposed use oj the land as a senior assisted living Jacility. The variances are needed Jor accessory uses to the principal use oj the land, so granting the variances would also be in harmony with the general purpose and intent oj the comprehensive plan. -36- PLANNING & ZONING COMMISSION MINUTES PAGE 8 JANUARY 3, 2007 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variances would not be materially detrimental or injurious to the public. The 2-100t parking stall length variance would enable better traffic flow throughout the development while decreasing the total amount of hard swface on site. This reduces the amount of rainwater to be collected into the retention pond, which ultimately ends up in Hart Lake. The granting of the 19-100t front yard setback variance for hard surface parking would not be materially detrimental or injurious to the public because the location of the parking lot is adjacent to the Hart Boulevard right-of-way. Across the street is Hart Lake, so neighboring properties are not affected CONCLUSION The Apache Theatre site is an area that the City Council called out as one ofthe major redevelopment focus sites in the City. The proposed use of the land required a Comprehensive Plan Amendment, a Rezoning, a new plat, 'a Conditional Use Permit, a Site Plan approval and two' variances, and is consistent with the type of use that would be beneficial to the city. Staff recommends approval of the requests. Ouestions bv Members: Thompson questioned who would be responsible for the maintenance costs for the two holding ponds. Sargent explained that staff is negotiating a contract with the applicant that would establish these costs as a shared expense between the city and the applicant. Thompson then questioned the location of the watermain as it appears to be located under the proposed sidewalk area. He asked if the main is considered to be the City's or the owner's in case repairs are ever needed. The architect was present and agreed that it does run under the sidewalk area. They will take whatever measures they can to ensure it is protected and as accessible as it can be. Sargent stated that the City Engineer had reviewed the plans and he was satisfied with them. Thompson asked if these were the full set of final plans. He was told that Public Works has the complete set and that the commission members only received what staff thought was necessary to make their recommendation. Fiorendino asked who presently owns the land on the west side of Hart Blvd. that the second holding pond would be located on. Sargent informed them that the City owns the property that runs along Hart Lake. Fiorendino then asked if they are considering two separate CUP's or one that will address two issues. Sargent said that since Comforts of Home is the only owner involved and the space for the school will be leased to them, under the ownership of Comforts of Home, only one CUP is necessary. The CUP with the conditions noted stays with the property. So anytime there is a change of use the City must be notified and give approval to ensure that any new use is compatible to what the City would allow on that site. And the City could request an ,,>tlrl;t;':mal CUP if the use is changed. -37- PLANNING & ZONING COMMISSION MINUTES PAGE 9 JANUARY 3, 2007 Fiorendino asked for clarification on the parking spaces requirement. He wondered why they decided to provide more parking spaces rather than larger ones, since they already exceed the number of spaces required. Sargent explained that the residents will have adequate underground parking, and that Comforts of Home felt additional parking spaces for visitors to both the Assisted Living Facility and the Montessori School was an improvement. The question was raised if some of the spaces were eliminated if this would allow longer parking stalls. Sargent explained the placement of the building, meeting all the required setbacks, and providing for an appropriate drive aisle was the reason a variance was necessary to alter the length of each stall. He said that the width of each stall is not being changed and that the drive aisle will be 24 feet which is more than adequate for maneuvering vehicles. They felt these were more important than the length of each stall. Schmitt asked what other uses could ever go in the Montessori spot, using an example of a coffee shop. Sargent said that any future use would have to be a use that is permitted in the R-3 district or as a similar (school) use. Schmitt asked how the Hart Lake walkway would be accessed. Sargent stated that a Pedestrian Trail is planned to run along the west side of Hart Blvd. adjacent to the lake and that it would be accessed by a walkway/crosswalk, not by a bridge. She then asked ifboth the ponds were to be maintained jointly. Sargent stated, yes, that is the plan. Peterson thought the only problem with changing the length of the parking stalls would be where the parking lot has double sided parking near the north end of the building.' Due to this being a senior facility, he was concerned that there be enough room to maneuver a vehicle safely. Sargent said since the drive aisle is being established at 24 feet, this shouldn't be an issue. Peterson then expressed concern for the parking spot next to the playground area not having enough room for maneuvering. He also asked what type of barrier there would be between the parking area and the playground for the school. The architect, Mr. Frisbie, stated the parking was designed by Humphrey Engineering, and that it met the general standard requirements. He then explained that a fence would surround the perimeter of the playground. However, he agreed with Commission member Peterson that maybe some removable ballards should also be placed in this general area for added protection. He will pass on this concern. Szurek asked what the average size of the units were going to be. Mr. Frisbie stated that the units varied from studio units of350 sf to one-bedroom units of650 sf. Each one has a small kitchenette approximately 9 feet in length with reduced sized appliances. Szurek commented that she liked the layout of the units and general floor plan of the building itself. Schmitt then asked about the traffic flow and how they arrived at the additional 6 vehicles per hour. Sargent explained that the number is arrived at by taking calculations from a traffic manual comparing the previous use as a Theater to the new use. He stated the City Engineer is confident that the minimal increase in traffic patterns will have little impact on the streets in the area and that there is no plan at this time to install traffic lights. Schmitt was concerned that traffic could be congested especially at the times of day when students are dropped off or picked up at the school. Thompson stated that if that becomes a problem, traffic counts could then be done and steps could then be taken to resolve the problem. The Public Hearing was opened. No one wished to speak on this issue, so the hearing was closed. -38- PLANNING & ZONING COMMISSION MINUTES PAGE 10 JANUARY 3,2007 Motion by Peterson, seconded by Thompson, that the Planning Commission recommends the City Council approve the final plat in its entirety, based on the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The applicant shall pay a park dedication fee in the amount of$26,890 at the time offinal plat approval. 2. The developer shall obtain a storm water permit ./i'om the Rice Creek Watershed District prior to obtaining a demolition permit from the City. 3. All conditions set forth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9.114. All ayes. MOTION PASSED. The following Resolution will go to the City Council January 8, 2007. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case No. 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 2101 - 37th Avenue. ~YT~TTNr. T ~r.A T T)F.~rRTPTTnN' nn Fill" ~t rit\! l-T~1I __.__._..____._______.__ .__... _u.u____u,; .._._ PROPOSED LEGAL DESCRIPTiON: Hart Lake Addition THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on January 3, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Plalming Commission: 1. The final plat substantially confonns to the approved preliminary plat. 2. The final plat confonns v/ith the requirements of Section 9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other infonnation shall become part of this subdivision approval. CONDITIONS: 1. The applicant shall pay a park dedication fee in the amount of$26,890 at the time offinal plat approval. 2. The developer shall obtain a storm water permit from the Rice Creek Watershed District prior to obtaining a demolition permit from the City. 3. All conditions setforth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9.114. -39- PLANNING & ZONING COMMISSION MINUTES PAGE 11 JANUARY 3, 2007 Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Conditional Use Permit to allow a senior assisted living facility and Montessori school in the R-3, Multiple Family Residential District per Code Section 9.1 09 (G)(3), based on the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All required state and local codes will be met and infull compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 3. The City shall be informed of any change in ownership or occupancy of the Little Voyagers Montessori School to ensure the acceptability of the new use in the R-3 District. All ayes. MOTION PASSED. The following Resolution will go to the City Council January 8, 2007. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PRATT ORDWAY, LLC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0101) has been submitted by Pratt Ordway, LLC to the City Council req':lesting a conditional use pennit from the City of Columbia ~eights at the following site: ADDRESS: Lot North of2101 - 3th Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWfNG PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple- Family Residential District, and a Montessori School per Code Section 9.109 (G)(3)(h). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 3, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Plarming Commission: 1. 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. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. 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. 6. The use and property upon which the use is located are adequately served by essential public facilities and servIces. -40- PLANNING & ZONING COMMISSION MINUTES PAGE 12 JANUARY 3,2007 7. 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. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other infonnation shall become part of this pennit and approval; and in granting this pennit the city and the applicant agree that this penn it shall become null and void if the project has not been completed within one (1) calendar vear after the approval date, subject to petition for renewal of the penn it. CONDITIONS A TT ACHED: 1. All required state and local codes will be met and infull compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 3. The City shall be informed of any change in ownership or occupancy of the Little Voyagers Montessori School to ensure the acceptability of the new use in the R-3 District. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the 2-foot parking stall length variap.ce per Code Section 9.106 (L)(7)(a). All ayes. MOTION PASSED. The following Resolution will go to the City Council January 8, 2007. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case # 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: Lot North of2101- 37th Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3, 2007; 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; -41- PLANNING & ZONING COMMISSION MINUTES PAGE 13 JANUARY 3, 2007 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the 19-foot front yard setback variance for hard surface parking per Code Section 9.109 (C). All ayes. MOTION PASSED. The following Resolution v,rill go to the City Council Ja..'1ua..ry 8, 2007. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case # 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: Lot North of2101 - 37th Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Halt Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front yard setback variance for hard surface parking per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3,2007; 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; -42- PLANNING & ZONING COMMISSION MINUTES PAGE 14 JANUARY 3, 2007 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because ofthe particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. S. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CASE NUMBER: 2007-0102 ... nnT Tr-t ... ll..T,....,. 1'\.C C .L.1 '-...-1-\.1'" .1 ; TT___~.L "1"1___1_ "I"'l..__._I______L ,.-,________.L!__ Cl.U:!i1l:1 C 411 K VIl:'VIl:IUPllIIl:UI '-...-UI pUlauuu Lot 124A, Block 1, Huset Park Rezoning of Parcel, Minor Subdivision LOCATION: REQUEST: INTRODUCTION At this time, the Huset Park Development Corporation is proposing a minor subdivision located at Lot 124A, Block 1, Huset Park, to correct encroachments onto this property from the adjacent single-family residence located at 525 - 38th Avenue. When the Schafer Richardson / Ryland Homes project was started, the entire site was surveyed. At that time, it was discovered that a 2-foot wide concrete strip, a 7-foot tall chain-link fence, a retaining wall and a portion of a wooden storage shed all maintained by the property owners at 525 -. 38th Avenue were actually located on the property now controlled by the Huset Park Development Corp. The proposal entails a recombination subdivision to split off the eastern 15 feet of Lot 124A, Block 1, Huset Park. This land would be sold to the property owners at 525 - 38th Avenue to correct the encroachment issues. The current zoning classification for the Huset Park Development Corp property is MXD, Mixed Use Development. The 15-foot strip ofland will be rezoned to R-2A, One and Two Family Residential, to be consistent with the zoning classification of the property at 525 - 38th Avenue -43- PLANNING & ZONING COMMISSION MINUTES PAGE 15 JANUARY 3, 2007 PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan designates the Huset Park Development Corp property as Transit Oriented Development. The parcel located at 525 - 38th Avenue is designated as Medium Density Residential in the Comprehensive Plan. Staff deferred to the Metropolitan Council to determine whether the Huset Park Development Corporation parcel would need a Comprehensive Plan Amendment in order to rezone the property to R-2A. The City's sector representative at the Met Council determined that the Transit Oriented Development and the Medium Density Residential classifications allowed the same types of uses. For this reason, the Comprehensive Plan would not need to be amended. The use of the land as a single-family residential parcel is consistent with the underlying Comprehensive Plan guidance. Zoning Ordinance The minimum lot width requirement for parcels in the R-2A District is 60 feet, and the minimum lot area requirement is 6,500 square feet. Currently, the property located at 525 - 38th Avenue is 35 feet wide and 4,620 square feet in area. When the lot split is complete, the property will be 50 feet wide and 6,600 square feet in area. FINDINGS OF FACT Zoning Amendment Section 9.014 (F) of the Zoning Ordinance outlines 4 required findings that must be met in order for the City Council to approve a Zoning Amendment. They are as follows: 1. The amendment is consistent with the Comprehensive Plan. The Metropolitan Council made the determination that the R-2A District is consistent with the Transit Oriented Development classification. The strip of land subdivided from the Huset Park Development Corp property will be rezoned to R-2A. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment is needed in order to keep the zoning classification of the current property at 525 - 38th Avenue and the zoning classification of the piece of land they will receive consistent. There is no benefit to either the public or the single-family property owner of the proposed zoning amendment. 3. 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 existing use of the property to be rezoned is common area for the Schafer Richardson / Ryland Homes townhouse development. The property will be rezoned to match the current zoning classification of the property to the east, R-2A. The use of the property at 525 - 38th Avenue is a single-family home. The R-2A District is comnntihle with this use. -44- PLANNING & ZONING COMMISSION MINUTES PAGE 16 JANUARY 3,2007 4. 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 necessity of the rezoning of the IS-foot strip oflandfi'om MXD, Mixed Use Development to R- 2A, One and Two Family Residential is to correct an encroachment issue that has been in place since the construction of the house at 525 - 38th Avenue. Prior to the Huset Park Development Corporation parcel being zoned MXD, it was zoned 1, Industrial. The trend in the area has been redevelopment, creating a new housing stock in the City. Correcting minor property line issues is consistent with the overall redevelopment plan for the area. FINDINGS OF FACT Minor Subdivision Section 9.104 (J) of the Zoning Ordinance outlines 8 required findings that must be met in order for the City to grant a minor subdivision (lot split). They are as follows: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will not create any new lots. The recombination subdivision will split of a IS-foot section of one property and give it to another. 2. The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of this subdivision. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. No new lots will be created as a result of the minor subdivision. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. No public rights-of-way will be dedicated for the pwpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided 6. The proposed subdivision does not hinder the conveyance of land. The conveyance of the land will not be hindered by the minor subdivision. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is an accurate statement. 8. The proposed subdivision meets all of the design standards specified in Section 9.114. The proposed subdivision meets all the design standards for minor subdivisions executed in the City of Columbia Heights. -45- PLANNING & ZONING COMMISSION MINUTES PAGE 17 JANUARY 3, 2007 City Staff recommends the Planning Commission recommend that the City Council approve the minor subdivision with the following condition: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. AND City Staff recommends that the Planning Commission recommend that the City Council approve the rezoning of the IS-foot parcel ofland from MXD, Mixed Use Development to R-2A, One and Two Family Residential. Sargent explained that the rezoning takes two readings, so this will go to the City Council on January 8, 2007 and January 22,2007. The subdivision will go to the City Council at the January 22, 2007 meeting as the rezoning must be approved first. Questions from Members: Fiorendino asked how Shafer Richardson had wanted to use this site. Sargent explained that since they knew of this encroachment situation at the time the property was surveyed for the project, they planned around it and intended the use to be part of the common area for the development. It was never considered a buildable lot. Once divided and a portion sold to the owner at 525 38th Avenue, that portion will be used as it always has been. Th" Dnbl~'" Hea~~...r< HUH" fl...."n"'d 1I.To An13 H'O:>" nr13"131"lt -tAr th;" ;"""13 "n th13 Pllhl;" T-Ip<=lrlnrr nmc r-1ocpd 1..l-l\..- 1. U Iv 1111~ "\'UL) '-"]-''-' 1"'" . 1" VJ """ ".u~ 1-.11"",..''-''111. 1\...1.1. LLL.l"-' .I....h..HA""'..,V "......""'.... ....V.l..I._ .....&._-......u....I.,O ..--... -... .....- . Motion by Thompson, seconded by Peterson, that the Planning Commission recommend the City Council approve the minor subdivision with the following condition: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. All ayes. MOTION PASSED. The following Resolution will go to the City Council January 22, 2007, after the Rezoning has had its second reading. RESOLUTION NO. 2007-XX F.ESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR HUSET PARK DEVELOPMENT CORP. WHEREAS, a proposal (Case No. 2007-0102) has been submitted by the Huset Park Development Corp. to the City Council requesting a minor subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: Lot 124A, Block 1, Huset Park EXISTING LEGAL DESCRIPTION: Lot I24A, Block 1, Huset Park PROPOSED LEGAL DESCRIPTION: Lot I24A, Block 1, Huset Park THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. -46- PLANNING & ZONING COMMISSION MINUTES PAGE 18 JANUARY 3, 2007 WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare ofthe community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on January 3,2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: ] . The proposed subdivision of land will not result in more than three lots. 2 The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the 99.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Motion by Thompson, seconded by Peterson, that the Planning Commission recommend the City Council approve the rezoning of the 15-foot parcel ofland from MXD, Mixed Use Development to R- 2A, One and Two Family Residential. All ayes. MOTION PASSED. The following Resolution will go to the City Council January 8, 2007 for the first reading and on January 22, 2007 for the second reading. DRAFT ORDINANCE XXXX CITY OF COLUlVIBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 525 - 38th AVENUE SECTION 1: WHEREAS, the City of Columbia Heights has indicated the Industrial Park site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and -47- PLANNING & ZONING COMMISSION MINUTES PAGE 19 JANUARY 3, 2007 WHEREAS, the City of Columbia Heights recognizes that the MXD, Mixed Use Development zoning is not consistent with a single-family zoning classification needed to accommodate a successful property line adjustment; and WHEREAS, rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Development provides for an opportunity to correct property line encroachment issues between a redevelopment area and as single-family dwelling; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan and would resolve property line encroachment issues; and WHEREAS, the zoning classification of the property for the proposed parcel is compatible with the proposed R- 2A, One and Two Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. NEW BUSINESS None OTHER BUSINESS TEMPOF~4..RY SIGNAGE ISSUES Sargent provided the members with a list showing what our current Ordinance allows in regards to temporary banners, portable signs, and other types of signage such as window signage. He also listed some possible changes that staff is recommending. He asked that members look over the memo and comment on the proposed changes after they have an opportunity' to check out various sites around the city. Sargent also said he is creating a work plan of items the P & Z will need to address for each quarter of 2007. The members also wanted the topic of the temporary greenhouses added to the next work session agenda. It was decided to hold a work session at 6 pm on Tuesday, February 6, 2007-prior to the regular meeting. The meeting was adjourned at 8: 15 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary -48- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 8, 2007 ITEM: Establish Work Session Meeting Date for January 17,2007 NO: BY: Walter R. Fehst DATE: January 3, 2007 CITY MANAGER'S APPROVAL BY: I /#- ~7/ M~-/~I ;~.t1 AGENDA SECTION: Consent NO: 5-A-3 ORIGINATING DEPARTMENT: Administration It is suggested to schedule a City Council Work Session for Wednesday, January 17,2007 beginning at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to schedule a City Council Work Session for Wednesday, January 17,2007 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: -49- CITY COUNCIL LETTER Meeting of: January 8, 2007 AGENDA SECTION: CONSENT NO: J;~A -LI ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL ITEM: NO: ESTABLISH PUBLIC HEARING-CABLE RATES BY: LINDA L. DATE: January f' On or about March 1, 2006, Comcast filed with the City Federal Communi6{tlons Commission (FCC) Form 1240, "Updating Maximum Permitted Rates for Regulated Cable Services", purporting to set forth and justify the maximum rate it could charge to subscri&(rs in the City for basic programming service, and FCC Form 1205, "Determining Regulated Equipment and Installation Costs, Equipment Form", purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installation. The relevant rate period covered is June 1, 2006 to May 31, 2007. It should be noted that Comcast will be adjusting its rates effective February 1, 2007. Basic programming consists of over-the-air broadcast stations, public, educational, and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel or pay- per-program basis. Under federal law, the rates for all programming not included in the basic service tiers are unregulated. The chart below reflects Comcast's actual rates since January 1, 2006, maximum permitted rates as of June 1, 2006, and rates effective February 1, 2007 Rates (Since Maximum Rates Effective January 1, Permitted Rates February 1, 2006) Effective June 2007 1, 2006 Basic Service $ 9.10 $ 9.51 $ 9.10 Basic Only Receiver $ 1. 05 $ 1.14 $ 1. 00 Remote Control $ .15 $ .23 $ .10 Installation-Unwired Home $44.99 $45.10 $44.99 Installation-prewired Home $27.99 $29.35 $27.99 Installation-Additional Outlet- $13.49 $14.49 $13.99 Connect Initial Installation-Additional Outlet- $19.99 $24.25 $19.99 Connect Separate Other Install-Relocate Outlet $18.99 $19.41 $18.99 Upqrade- Optional Services $15.49 $18.49 $15.49 Downqrade- Optional Services $ 9.99 $15.32 $9.99 COUNCIL ACTION: I -50- CITY COUNCIL LETTER Meeting of: January 8, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: ESTABLISH PUBLIC HEARING-CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: January 2, 2007 DATE: Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. The purpose of the public hearing is to provide interested persons with an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its March 2006 rate filing. In accordance with federal law, it is the City's responsibility, as a certified rate regulation authority, to determine whether the basic service programming and equipment rates and installation fees comply with the Federal Communication Commission's rate regulation rules, orders, and decisions. RECOMMENDED MOTION: Move to establish a public hearing date of Monday, February 12, 2006, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2006, rate filing. COUNCIL ACTION: - 51- CITY COUNCIL LETTER Meeting of 1/8/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: .; - A- 5 PUBLIC WORKS BY:~~ ITEM: AUTHORIZATION TO SEEK BIDS FOR 2007 BY: K.Hanse~ MISCELLANEOUS CONCRETE REPLACEMENT AND DATE 1/2/07 DATE: INSTALLATION PROJECT The City has an on-going annual program to replace miscellaneous concrete structures such as curb and gutter, sidewalk and concrete street sections. The concrete replacement is budgeted in various functional areas of the Public Works Budget, such as in the Water Fund for the replacement/repairs of concrete removals caused by water main breaks. Recommended Motion: Move to authorize staff to seek bids for the 2007 Miscellaneous Concrete Replacement and Installation Project. KH:jb COUNCIL ACTION: -52- CITY COUNCIL LETTER Meeting of: 1/8/07 ITEM: PUBLIC WORKS BLANKET ORDERS FOR 2007 PURCHASES ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hanse~ . DATE: 1/2/07~ CITY MANAGER BY: ~4z / DATE: ;; .> "07 AGENDA SECTION: CONSENT AGENDA NO: 5'!~-~ Background: Public Works has several purchases that are routine in nature and repetitive each year but require Council approval because they exceed the charter limitation of $15,000. Staff is requesting authorization to process blanket purchase orders for 2007 to cover the items described herein. Analysis/Conclusions: The adopted 2007 Public Works Budget has the following amounts established for de-icing salt and fuel: . De-icing salt for sanding operations . Fuel for City vehicles 2007 Budgeted Amounts $37,300.00 $90,000.00 Public Works Department purchases salt off of the State of Minnesota Contract, which is bid for the 2007-2008 winter season for multiple municipalities. The 2006-2007 contract for salt is in effect from August 2006 until June 30, 2007, so the vendor and unit price may change. The current contract supplier is Cargill. Staff reviews fuel purchasing annually and the City is currently using the Anoka County Cooperative Purchasing Contract for our unleaded and diesel fuel purchases. Transport costs are a factor so the more local vendors that are used results in lower fuel costs to the City of Columbia Heights. Recommended Motion: Move to authorize staff to process blanket purchase orders in an amount not-to-exceed the 2007 budget amounts for: . De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract, and . Fuel (unleaded and diesel) for City Vehicles from the Anoka County Cooperative Agreement. KH:jb COUNCIL ACTION: -53- CITY COUNCIL LETTER Meeting of 1/8/07 AGENDA SECTION: CONSENT AGENDA NO: 5 - ;\-\ ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: J. Davies ~ ./ DATE 1/3/07 ~ ITEM: APPROVE ANOKA COUNTY 2007 RESIDENTIAL RECYCLING PROGRAM AGREEMENT Background The 2007 Anoka County Residential Recycling Program Agreement (Contract # 2006-0302) created by the Anoka County Board of Commissioners covers the 2007 calendar year. The 2007 Joint Powers Agreement with Anoka County entitles the City to apply for funding for the residential recycling program and the City's recycling drop off center as well as special collections of problem materials (i.e., tires & oil filters, fluorescents). The Joint Powers Agreement further specifies that Columbia Heights is entitled to receive reimbursements up to $45,204.72 for eligible expenses specifically related to recycling and waste abatement activities. Analysis/C onclusions: The 2007 eligible funding is $45,204.72. To receive these funds the City must submit substantiating data in semi-annual reports and abide by the State Statutes regarding recyclable materials and mixed municipal solid waste. Recommended Motion: Move to authorize the Mayor and City Manager to enter into the 2007 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $45,204.72 available as reimbursement for eligible expenses. KH:jb Attachment: Anoka County Contract 2006-0302 COUNCIL ACTION: -54- Anoka County Contract # 2006-0302 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM ~ J THIS AGREEMENT made and entered into on the ~ day of '-U<,~001t.., notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF COLUMBIA HEIGHTS, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, Anoka County has received $361,089 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. S II5A.557 (hereinafter "SCORE funds"); and WHEREAS, Anoka County anticipates receiving an additional $361,089 in SCORE funds in the spring of 2007; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the ~1unicipalitj' to implement solid waste recycling progran1s in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2007 through December 31, 2007, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. S lI5A.03, subdivision 24a. b. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. S II5A.552. d. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. . -55- f. Refuse deri ved fuel or other material that is destroyed by incineration is not a recyclable material. g. "Yard waste" shall have the meaning set fOtth in Minn. Stat. S 115A.03, subdivision 38. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1598 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. 11. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. 111. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Iviunicipaiity with background material on the focused recyclable material of the year. IV. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2007, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20,2007 and January 19,2008: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also - -56- provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2007 and January 19, 2008. Costs not billed by January 19, 2008 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled tu receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $45,204.72. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; and b. $4.37 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $361,089 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this ,.., -57- Agreement were expended in accordance with Minn. Stat. ~ 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. ~ 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. -58- e. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. h. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. 1. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date t:' -59- of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA By: Name: By: Chair, Anoka County Board of Commissioners Title: Date: Date: ATTEST: By: Municipality's Clerk County Administrator Date: Date: Approved as to form and legality: Approved asto form and legality: Assistant County Attorney - -60- CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: :; , A -9, ORIGINA TING DEPT: FINANCE MEETING OF: JANUARY 8,2007 CITY MANAGER APPROV AL ITEM: OFFICIAL INTENT TO BOND BY: WILLIAM ELRITE NO: DATE: JANUARY 4, 2007 Attached are two resolutions that are a follow-up to the City Council's ~revious action of authorizing the City to purchase property on 50th and Central Avenue and 3t Avenue and Hart Boulevard to build municipal liquor stores. When staff presented the purchase recommendation to the City Council, it was clear that it is our intent to sell bonds to finance the project. As several expenses will be incurred before the bonds are sold, we need to adopt resolutions declaring that it is our intent to sell bonds and reimburse ourselves for these expenditures. This is a standard procedure that we follow each year for City projects and the attached resolutions are in the same format as the resolutions that we adopt for City projects. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-07 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-07 being a resolution declaring the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds of bonds to be issued by the City for a municipal liquor store on Central Avenue. RECO~.1.MENDED MOTION: t-.10ve to 'Naive the reading of Resolution 2007-08 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-08 being a resolution declaring the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds of bonds to be issued by the City for a municipal liquor store on 3 7th Avenue. WE:sms 0701041 COUNCIL Attachments COUNCIL ACTION: I -61- RESOLUTION NO. 2007-07 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY FOR A MUNICIPAL LIQUOR STORE ON CENTRAL AVENUE WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for the purchase of land and other expenses associated with the construction of a municipal liquor store on Central Avenue and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $3,000,000. 2. TPis resolution is intended to constitute a declaration of official intent for numoses of _ ----. ... .... Tres. Reg. 1.50-2 and any successor law, regulating or ruling. Dated the 8th day of January 2007 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -62- RESOLUTION NO. 2007-08 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY FOR A MUNICIPAL LIQUOR STORE ON 37TH AVENUE WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: I. The City reasonably intends to make expenditures for the purchase of land and other expenses associated with the construction of a municipal liquor store on 3 7th Avenue and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $2,000,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg.1.50-2 and any successor law, regulating or ruling. Dated the 8th day of January 2007 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Gary L. Peterson, :Mayor Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -63- CITY COUNCIL LETTER Meetin of: January 8, 2007 AGENDA SECTION: Consent NO: 5-A-9 ITEM: Re-appoint Commissioners to Economic Development Authority (ED A) ORIGINATING DEPT.: Community Development BY: Robert Streetar DATE: January 3, 2007 CITY MANAGER APPROV AL 4;1~ .t BY:./ A ~z../'.I . Backf!round: The Mayor must make three EDA Commissioner appointments due to the fact the terms of Commissioners Diehm, Peterson and Kelzenberg expired concurrently with their Council term. As they all three have been re-elected, the Mayor must appoint and the City Council must approve the reappointment of Mayor Peterson, and Council Members Diehm, and Kelzenberg to the EDA as Commissioners. Table 1 below identifies the term of each of the Commissioners. Table 1 Current Reappointment Term Term Term Term Commissioner Begins Ends Beqins Ends 1 Tami Diehm 1/2002 1/2007 1/2007 1/2011 2 Pat Jindra 1/2006 1/2012 No Change J Bruce Kelzenberg 1/2002 1/2007 1/2007 1/2011 4 Don Murzyn 1/2003 1/2009 No Change 5 Bruce Nawrocki 1/2004 1/2009 No Change 6 Gary Peterson 1/2004 1/2007 1/2007 112009 7 Bobby Williams 1/2004 1/2009 No Change Recommendation: Staff recommends the Mayor appoint and the City Council approve the reappointment of Mayor Peterson, and Council Members Diehm, and Kelzenberg as EDA Commissioners. Recommended Motion: Move to approve the reappointment of Mayor Peterson, and Council Members Diehm, and Kelzenberg as EDA Commissioners. COUNCIL ACTION: -64- CITY COUNCIL LETTER AGENDA SECTION: Consent NO: 5-A.-IO ORIGINATING DEPT.: Community Development CITY MANAGER APPROV AI. BY: V~ /(!;;{I~ ,'~/' ,. ITEM: Re-appoint Commissioners to the Housing and Redevelopment Authority (HRA) BY: Robert Streetar DATE: January 3,2007 Backe:round: The Mayor must make three HRA Commissioner appointments due to the fact the terms of Commissioners Diehm, and Kelzenberg expired concurrently with their Council term, and the term of Commissioner Ecklund has also expired. As they have been re-elected, the Mayor must appoint and the City Council must approve the reappointment of Council members Diehm, and Kelzenberg. In addition the Mayor could reappoint Commissioner Ecklund. Table 1 below identifies the term of each of the Commissioners. Table 1 Current Reappointment 5 Bruce Nawrocki 1/2004 1/2009 No Change 1/2009 No Change 6 Bobby Williams 1/2004 Recommendation: Staff recommends the Mayor appoint and the City Council approve the reappointment of Council Members Diehm, and Kelzenberg, and Commissioner Ecklund as HRA Commissioners. Recommended Motion: Move to approve the reappointment of Council Members Diehm, and Kelzenberg and Commissioner Ecklund as HRA Commissioners. COUNCIL ACTION: -65- CITY COUNCIL LETTER Meeting of January 8, 2007 Rental Housing Licenses BY: Gary Gorman CITY MANAGER APPROV BY:~ NO: ITEM: 5-A-1 \ ORIGINATING DEPARTMENT: Fire AGENDA SECTION: CONSENT NO: DA TE: January 2, 2007 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 January 8,2007. COUNCIL ACTION: -66- ccupany I.D. 10160 12098-NC 10222 10152 10216 20060 10220 10074 10003 20206 20160 10203 01/02/2007 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name MDC 2000 Ahmed Abdelhakim Russell Bednarkski Stephen Burson Constanina Byers John Majewski Antonio Manjarrez Sunday Olateju Steve Peterson Ron Sanford Mike Sowers Jon Williams 14:21 -67- Property Address 96842ND 4518 FILLMORE 99941ST 3931 JACKSON 99941ST 4995 Tyler 4800 4TH 4135 JEFFERSON 38052ND 4914 Tyler 1272 CIRCLE TERRACE 3922 ARTHUR Page 1 CITY COUNCIL LETTER Meeting of: January 8, 2006 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: s- A -\2- License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson~ ~ ::~~~ NO: DATE: January 4,2006 BACKGROUND/ANALYSIS Attached is the business license agenda for the January 8, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007 and licenses for the new owners of the property at 4001 University Ave for Fuel Dispensing Devices and Cigarette Sale.s. Also listed on the agenda is the Liquor License for the new Sarna's Restaurant that will be opening between Feb. 27th and March 6th, 2007. All of the above licenses have been approved by the various departments. At the top of the license agenda you will notice a phrase stating *Signed Waiver Fonn Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain infonnation cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for January 8, 2007 as presented. COUNCIL ACTION: - -68- TO CITY COUNCIL January 9, 2006 *Signed Waiver FOIDl Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *River City Sheet Metal *Refrigeration Services *Egan Companies Inc *New Mech *Larson Plumbing & Htg *McQuillan Bros PI & Htg Hokanson Plumb & Htg Air Mechanical *Pierce Refrigeration *Dave's Htg & AC *p & D Mechanical *Solid Refrigeration *Gavic & Sons *Heating & Cooling Two *South-town Refrig. *Thermex Corp *Flare Htg & AC *V ogt Htg & AC *WestAir Inc *Le V aim Bros. Plumb *Weld & Sons Plumbing *North Anoka Plumbing *Bill Fignar Plumbing *Richfield Plumbing Co COlnmers The Water Co *Bradley Plumbing Roto Rooter Services Co * Schulties Plumbing *CentUIY Plumbing *Payless Tree Service *Reliable Tree Service * Aaspen Tree Service *Gosiak Tree Service * SignArt Co *G & J Awning & Canvas *MJ Construction *Pioneer Mobile Homes *Veit & Co 8290 Main St, Fridley 4110 Central Ave #110, Col. Hts. 7625 Boone Ave No, Brk Pk 1633 Eustis St, St. Paul 3095 162nd Ln NW, Andover 688 Hague Ave, St. Paul 9174 Isanti St, Blaine 16411 Aberdeen St NE, Ham Lake 1920 2nd Ave So, Anoka 1601 37th Ave, Col. Hts 4629 41st Ave No., Robbinsdale 1125 American Blvd, Bloomington 12725 Nightingale St, Coon Rapids 18550 Co Rd 81, Maple Grove 6325 Sandburg Rd, Golden Valley 3529 Raliegh Ave So-St, Louis Pk 9303 Plymouth Ave NO.-Golden Valley 3260 Gorham Ave-St. Louis Pk 1184 River Rd, Hanover 12700 Bass Lake Rd, Maple Grove 3410 Kilmer Lane No, Plymouth 22590 RUI11 River Blvd, S1. Francis -2844 Jolmson St NE, Mpls 8640 Harriet Ave So, Bloomington 9150 W 35W Service Dr, Blaine 2533 7th Ave E, No. S1. Paul 14530 2ih Ave No, Plymouth 1521 94th Ln, Blaine 1324 Helmo Qave N, Oakdale PO Box 172, Cottage Grove 6600 Brookview Dr, Fridley 970 Wayzata Blvd, Wayzata 9578 l10th S1. Little Falls, MN 2170 Dodd Rd, Mendota Hts 1260 10th S1. N, Sauk Rapids 8071 Ranchers Rd, Fridley 8741 Hwy 65, Blaine _ 6 9 ~ 4000 Veit Place, Rogers $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 * Allstar Construction 5145 Industrial St, Maple Plain $60.00 *Gresser Co * Asphalt Driveway *N O1ih Pine Aggregate 2905 Lexington Ave So, Eagan 1211 E. Hwy 36, Maplewood 14551 Lake Drive, Forest Lk $60.00 $60.00 $60.00 FIRE FUEL DISPENSING DEVICE *Super Sam #2 4001 University Ave $120 POLICE CIGARETTE/TOBACCO LICENSE * Super Same #2 4001 University Ave $300 POL,F,BLDG,ZA ON SALE/SUNDAY LIQUOR *Sama's Classic Bar & Grill 3939 University Ave $6,833.30 -70- 5 - A- l ~ CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: Jt1~ ~J 2-007 STATE OF MINNESOTA COUNTY OF ANOKA CITY 9F COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number \ I 01 -J n-J l\-L IV I III nnf 1.0 ihrough I v UU -, 0 in the amount of$ J1 ~\,4Qt.O~ . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. -71- ACS FINANCIAL SYSTEM 01/04/2007 10:23:47 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVER PAGE GI,5oiOR ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title... ....01/08/2007 COUNCIL LISTING INCLUSIONS: Fund & Account..... .... ..... thru Check Date. . . . . . . . . . . . . . . . . . Source Codes........... Journal Entry Dates.... ..... Journal Entry Ids....... .... Check Number....... ......... Project. . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.. . . ...... .... Bank....................... . I lcher .................... ~.eased Date..... .......... N!ared Date................ thru thru thru thru 119707 thru 120048 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI CP SP 066 10 Y Y ACS FINANCIAL SYSTEM 01/04/2007 10 BANK VENDOR Check History 01/08/2007 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS Glo540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT AMERICAN BOTTLING COMPAN ARCH WIRELESS/METROCALL BATTERIES PLUS - 028 BELLBOY CORPORATION BOUND TREE MEDICAL LLC CAPITOL BEVERAGE SALES L CHISAGO LAKES DISTRIBUTI CLARK PRODUCTS INC DTM DISTRIBUTING INC DUGDALE/MARY ECKERT/WENDY EDAM FARNER-BOCKEN G & K SERVICES GENUINE PARTS/NAPA AUTO GREENHALGH/TO!V[ HOHENSTEINS INC HONEYWELL INC HUDAK/STEPHEN HUSET PARK DEVELOPMENT C JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. JOHNSON/GARTH KEEP INC/THE KIWI KAI IMPORTS KLOIBER, JOSEPH LA BRANT/THOMAS MARK VII DIST. MENARDS CASHWA.Y LUMBER-F MN SECRETARY OF STATE OF MOELLER/KAREN NAWROCKI/BRUCE NEXTEL COMMUNICATIONS OFFICE SUPPLY CONNECTION ONVOY PEPSI-COLA-7 UP PHAM/DUC PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS SHAMROCK GROUP/ACE ICE SUEK/JAMES TOLLEFSRUD/RICHARD UNIVERSITY OF MINNESOTA USA WRESTLING VERIZON - ATTN: PREPAY D VERIZON WIRELESS VINOCOPIA INC 'I VJ 119707 119708 119709 119710 119711 119712 119713 119714 119715 119716 119717 119718 119719 119720 119721 119722 119723 119724 119725 119726 119727 119728 119729 119730 119731 119732 119733 119734 119735 119736 119737 119738 119739 119740 119741 119742 119743 119744 119745 119746 119747 119748 119749 119750 119751 119752 119753 AMOUNT 184.52 27.16 114.25 263.00 170.78 6,655.12 2,171.78 965.60 160.00 16.02 61.07 400.00 2,417.41 127.21 8.74 90.00 1,739.00 861.00 119.40 2,547.81 5,888.84 5,528.38 490.00 25.00 941.00 175.00 250.00 22,806.53 276.08 40.00 110.02 342.29 360.80 33.37 59.99 157.50 35.46 2,952.51 '),597.63 156..00 475.00 500.00 150.00 70.00 67.75 93.99 91 7.00 ACS FINANCIAL SYSTEM 01/04/2007 10 CIT:~ OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK VENDOR Check History 01/08/2007 COUNCIL LISTING CHECK NUMBER l\MOUNT BANK CHECKING ACCOUNT WABOOSE/ROY WINE COMPANY/THE WORLD CLASS WINE WW GRAINGER, INC XCEL ENERGY (N S P) AARP ACS AMERICAN BOTTLING COMPAN BELLBOY BAR SUPPLY BELLBOY CORPORATION BERLSON IMPORTS BERRY-TOURTILLOTTE/TARA CAPITOL BEVERAGE SALES L CENTER POINT ENERGY CHISAGO LAKES DISTRIBUTI CITY OF COLUMBIA HEIGHTS FSH COMMUNICATIONS, LLC G & K SERVICES GRIGGS-COOPER & CO HOHENSTEINS INC JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. KELLER/DARTH KITTELSON/MARSHA KORTS/STEVEN LE MOINE/JAN OFFICE DEPOT PEREZ/MARTHA PETTY CASH - LIZ BRAY PETTY CASH - MARY DUGDAL PREMIUM WATERS INC QWEST COMMUNICATIONS RYLAND GROUP S & T OFFICE PRODUCTS IN SAMAROO/TREVOR STAPLES BUSINESS ADVANTA SUN PUBLICATION SURPLUS SERVICES VERIZON WIRELESS XCEL ENERGY (N S P) YUSUF/DEKA K 10,000 LAKES CHAPTER NORTHEAST BANK ARCH WIRELESS/METROCALL CENTRO BRADLEY SPE 5 LLC COCA-COLA BOTTJ:'ING MIDWE COLUMBIA HEIGHTS I 'I *'" 119754 119755 119756 119757 119758 119759 119760 119761 119762 119763 119764 119765 119766 119767 119768 119769 119770 119771 119772 119773 119774 119775 119776 119777 119778 119779 119780 119781 119782 119783 119784 119785 119786 119787 119788 119789 119790 119791 119792 119793 119794 119795 1197 96 119797 119798 119799 119800 65.57 326.90 270.00 52.93 54.27 140.00 266.84 60.02 54.76 3,517.50 106.00 240.00 21,';21.82 320.41 4, 977.94 135,417.66 58.58 29.96 11,326.58 2,465.50 16,1335.35 9,313.63 440.00 211.17 15.00 6.00 127.94 0.75 134.80 186.92 23.16 116.09 3,000.00 144.63 178.71 165.18 555.00 749.00 91.55 4,388.45 71.23 50.00 690,000.00 94.19 11,940.57 361.10 5,581.28 ACS FINANCIAL SYSTEM 01/04/2007 10 BANK VENDOR Check History 01/08/2007 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT CROWN TROPHY ESCHE LON FEHST/WALTER GENUINE PARTS/NAPA AUTO GRAPE BEGINNINGS INC JINDRA/PATRICIA JOHNSON BROS. LIQUOR CO. KALLESTAD/GARY KIWI KAI IMPORTS MARK VII DIST. MN REC & PK ASSOC - MRP MOELLER/KAREN PETTY CASH - KAREN MOELL PETTY CASH - LIZ BRAY PHILLIPS WINE & SPIRITS PIEHN/JASON QUALITY WINE & SPIRITS SCOTT/LARRY SPECIALTY WINES & BEVERA WABASHA PROPERTIES WINE MERCHANTS WORLD CLASS WINE XCEL ENERGY (N S P) ACE HARDWARE ACE MAILING INC AGGREGATE & READY MIX OF ALEX AIR APPARATUS INC ALLEN JR/MALCOM B ALLIED/BFI WASTE SYSTEMS ALTO CONSULTING & TRAINI AMERIPRIDE ANOKA COUNTY CHIEFS OF P ANOKA COUNTY HIGHWAY DEP ANOKA COUNTY LIBRARY ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BARTLEY SALES CO INC BOUND TREE MEDICAL LLC BRADLEY & GUZZETTA LLC BROCK WHITE CO. BRODART BRYAN ROCK PRODUCTS, INC BUILDING FASTENERS CATCO PARTS SERVICE '-'l Ul 119801 119802 119803 119804 119805 119806 119807 119808 119809 119810 119811 119812 119813 119814 119815 119816 119817 119818 119819 119820 119821 119822 119823 119824 119825 119826 119827 119828 119829 119830 119831 119832 119833 119834 119835 119836 119837 119838 119839 119840 119841 119842 119843 119844 119845 119846 119847 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 AMOUNT 71.71 156.90 293.03 464.38 584.75 70.00 7,673.71 84.99 334.50 6,474.80 225.00 193.78 167.82 56.45 2,881.75 54.00 10,398.39 187.23 314.00 25.00 1,334.62 314.00 67.41 143.83 800.00 300.00 106.50 500.00 83,915.25 3,640.00 42.53 227.00 110.00 768.22 1,736.00 259.18 2,053.69 39.53 27,512.01 2,491.00 97.81 l,400.00 990.46 225.50 l,553.99 32.33 30.85 ACS FINANCIAL SYSTEM 01/04/2007 10 BANK VENDOR Check History 01/08/2007 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT CCP INDUSTRIES CINTAS FIRST AID-SAFETY CITY PAGES CITY WIDE LOCKSMITHING COMMISSIONER OF TRANSPOR CONSTRUCTION BULLETIN CREST VIEW CORPORATION CSC CREDIT SERVICES DAHLGREN SHARDI.OW & UBAN DIRECT SAFETY COMPANY DISCOUNT STEEL INC DM STAMPS & SPECIALTIES DONALD SALVERDA & ASSOCI DU ALL SERVICE CONTRACTO EGAN OIL COMPANY EHLERS & ASSOCIATES INC ELDER JONES BUILDING PER EMBROIDERY & MORE EMERGENCY AUTOMOTIVE TEC ENTERPRISE NEnl0RK SYSTE FERRELLGAS FIDELITY SERVICES INC G & K SERVICES GALE GROUP/THE GENE'S WATER & SEWER INC GENUINE PARTS/NAPA AUTO GIS RANGERS LLC GRAPHICS MEDIA HANKS SPECIALTIES HARBOR FREIGHT TOOLS HASSAN SAND & GRAVEL HEIGHTS ELECTRIC INC. HENRY P HENRY HOME DEPOT #2802 INSTRUMENTAL RESEARCH IN JINDRA/PATRICIA KENNEDY & GRAVEN KULLY SUPPLY INC LOWRY CENTRAL BOWLERS MAC QUEEN EQUIPMENT CO. MEDICS TRAINING INC MEDTOX LABORATORIES, INC MENARDS CASHWAY LUMBER-F METRO PLUMBING INC METROPOLITAN COUNCIL WAS MIDWEST ASPHALT CO. MINN DEPT OF AGRICULTURE '.:] 0\ 119848 119849 119850 119851 119852 119853 119854 119855 119856 119857 119858 119859 119860 119861 119862 119863 119864 119865 119866 119867 119868 119869 119870 119871 119872 119873 119874 119875 119876 119877 119878 119879 119880 119881 119882 119883 119884 119885 119886 119887 119888 119889 119890 119891 119892 119893 119894 CITY OF COLUMBIA HEIGHTS GL:;40R-V06.70 PAGE 4 IIMOUNT 159.28 189.89 900.00 46.48 300.00 209.00 16.85 25.00 632.50 48.16 642.00 12.73 72.26 17,665.37 1,074.45 5,:;12.50 256.40 28.03 62.71 4,646.63 617.45 5,150.86 1,071.52 B73.92 1,480.00 183.47 7,:;37.94 405.00 130.59 25.52 2,064.29 432.24 64.52 16.20 160.00 35.00 199.20 14.18 48.47 634.58 300.00 45.11 398.55 '300.34 68,308.19 1,477.41 20.00 ACS FINANCIAL SYSTEM 01/04/2007 10 BANK VENDOR Check History 01/08/2007 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT MINNEAPOLIS FINANCE DEPT MINNEAPOLIS OXYGEN CO. MINNESOTA PETROLEUM SERV MN CHIEFS OF POLICE ASSO MN POLLUTION CONTROL AGE MPELRA MURZYN JR/DONAIJD J NATW NEW LOOK CONTRACTING NORTHEASTER NORTHERN WATER WORKS SUP OFFICE DEPOT OLSON'S PLUMBING ORIENTAL TRADING COMPANY PC SOLUTIONS PEPSI-COLA-7 UP PETTY CASH - REBECCA LOA POLLARD QUICKSILVER EXPRESS COUR R. S. HUGHES Cm1PANY INC RANDOM HOUSE, INC REED BUSINESS INFORMATIO RETAIL DATA SYSTEMS OF M RICOH BUSINESS SYSTEMS RIVER'S EDGE GIS LLC ROYAL TIRE RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SCHELEN GRAY ELECTRIC SENSIBLE LAND USE COALIT SOUTHEAST LIBRARIES COOP ST ANTHONY VI LI~AGE STANWAY EXCAVATING STAPLES BUSINESS ADVANTA STREICHER'S GUN'S INC/DO SUN PUBLICATION TEACH ME TAPES INC TlNUCCI'S CATERING TKDA, INC TR COMPUTER SALES TSI INCORPORATED TUBBS/MARSHA TULL BEARING TWIN CITIES TRANSPORT & UNIFORMS UNLIMITED INC UNITED RENTALS VERIZON WIRELESS '1 "'l 119895 119896 119897 119898 119899 119900 119901 119902 119903 119904 119905 119906 119907 119908 119909 119910 119911 119912 119913 119914 119915 119916 119917 119918 119919 119920 119921 119922 119923 119924 119925 119926 119927 119928 119929 119930 119931 119932 119933 119934 119935 119936 119937 119938 119939 119940 119941 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 !\MOUNT 66,'105.60 11.50 176.63 245.00 2,700.00 100.00 70.00 25.00 2,500.00 291. 60 36.90 1,545.23 307.00 396.69 1,980.00 443.00 49.60 163.81 23.91 18.18 6.00 197.16 300.00 957.28 500.00 639.17 191.25 ,182.67 95.32 :200.00 46.00 394.50 639.00 l62.84 l84.15 29.70 .248.36 2,028.83 :217.80 .175.00 '345.00 10.95 13.56 83.07 :239.02 2,056.29 38.37 ACS FINANCIAL SYSTEM 01/04/2007 10 BANK VENDOR Check History 01/08/2007 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT VIKING SAFETY PRODUCTS VOSS LIGHTING WELLS FARGO BANK WW GRAINGER, INC XCEL ENERGY (N S Pl ZIEGLER INC ALVAREZ/STEPHANIE BLOWERS/CAROLE BRECKENITCH/LAURIE CENTER POINT ENERGY CORNWELL/LINDA DEEP ROCK WATER COMPANY ENTERPRISE NETWORK SYSTE FARRINGTON/KEVIN GACEK/BERNICE GENUINE PARTS/NAPA AUTO HOOK/JEFF KHATOON/SHABABA LOADER/REBECCA MN DEPT OF ADMINISTRATIO MN POLLUTION CONTROL AGE POPE/KARL ROSS/KAY THE DEPOT VERIZON WIRELESS XCEL ENERGY (N S P) NORTHEAST BANK ACE HARDWARE ACS ALTERNATIVE BUSINESS FUR AMERICAN ENGINEERING TES AMERIPRIDE ANOKA COUNTY EI,ECTIONS ASTLE FORD INTERNATIONAL BAKER & TAYLOR BARNA GUZY & STEFFEN LTD BIFF'S,INC. BRODART CATCO PARTS SERVICE CITY OF ST PAUL CITY PAGES CITY WIDE LOCKSMITHING CLARK PRODUCTS INC DAHLGREN SHARDI,OW & UBAN DAKOTA COUNTY RECEIVING EBSCO PUBLISHING EDUCATIONAL DIRECTORIES '-l 00 119942 119943 119944 119945 119946 119947 119948 119949 119950 119951 119952 119953 119954 119955 119956 119957 119958 119959 119960 119961 119962 119963 119964 119965 119966 119967 119968 119969 119970 119971 119972 119973 119974 119975 119976 119977 119978 119979 119980 119981 119982 119983 119984 119985 119986 119987 119988 CIT:: OF COLUMBIA HEIGHTS GLS40R-V06.70 PAGE 6 l\.MOUNT 49.92 299.40 7,481.44 44.04 :.11.95 :.11.28 16.99 38.89 32.93 8,215.57 3.96 73.14 6,708.00 :A9.75 85.00 382.14 :,50.00 250.00 50.82 ~;06 . 77 1,080.00 :L50.00 32.35 358.00 326.67 :,63.51 5,000.00 70.26 13,805.97 2,~;07.07 :L61. 35 37.68 G75.54 301.25 G59.58 80.00 332.05 :,96.18 138.61 205.07 450.00 70.00 721.57 498.95 63.00 ';80.00 102.00 ACS FINANCIAL SYSTEM 01/04/2007 10 BANK VENDOR Check History 01/08/2007 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT EGAN OIL COMPANY EMERGENCY AUTOMOTIVE TEC FLEXIBLE PIPE TOOL CO. G & K SERVICES GALE GROUP/THE GIS RANGERS LLC GOODIN CO. GRAFIX SHOPPE, INC H.W. WILSON CO. HACH COMPANY HD SUPPLY WATER WORKS HEIGHTS ELECTRIC INC. HOME DEPOT #2802 IDEAL ADVERTISING INC. J-CRAFT INC JUSTICE PLANNING & MGMT KENNEDY & GRAVEN KIPLINGER WASHINGTON LET KIRKUS REVIEW LEAGUE OF MINNESOTA CITI MAC QUEEN EQUIPMENT CO. MARSHALL CONCRETE PRODUC MCCLELLAN SALES MENARDS CASHWAY LUMBER-F MESABI TOOLS INC MIDWAY FORD MIDWEST ASPHALT CO. MINITEX - ATTN MARY GARC MINNEAPOLIS SAW CO. MINNESOTA CITY/CNTY MGMT MINNESOTA GFOA MINNESOTA LICENSED BEV A MINNESOTA'S BOOKSTORE MN REC & PK ASSOC - MRP MSPE NADSC APPRAISAL GUIDES NATIONAL ARBOR DAY FOUND NEXT DAY GOURMET NOAA NATIONAL DATA CENTE NORTHEASTER OFFICE DEPOT OMNIGRAPHICS, INC ONE-CALL CONCEPT-GOPHER ORKIN PHYSICIANS DESK REFERENC PIONEER ENGINEERING PA POLLARD "l '-0 119989 119990 119991 119992 119993 119994 119995 119996 119997 119998 119999 120000 120001 120002 120003 120004 120005 120006 120007 120008 120009 120010 120011 120012 120013 120014 120015 120016 120017 120018 120019 120020 120021 120022 120023 120024 120025 120026 120027 120028 120029 120030 120031 120032 120033 120034 120035 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 7 AMOUNT 473.43 234.83 221.82 580.16 25.47 5,148.62 101.12 122.43 167.00 264.23 37.05 314.19 22.04 720.00 491. 05 175.00 1,084.24 89.00 270.00 690.00 175.80 65.27 197.03 63.92 619.29 1,054.00 367.02 976.45 22.31 105.00 80.00 299.00 37.00 100.00 300.00 60.00 15.00 oc,350.32 34.00 291. 60 206.55 360.00 248.45 62.82 179.85 ~;,760.00 217.16 ACS FINANCIAL SYSTEM 01/04/2007 10 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 8 BANK VENDOR Check History 01/08/2007 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT QUALITY TIME EDUCATION I RANDOM HOUSE, INC ROYAL TIRE S & T OFFICE PRODUCTS IN SCHOOL LIBRARY JOURNAL SHERWIN WILLIAMS SHORT ELLIOT HENDRICKSON STREICHER'S GUN'S INC/DO SUN PUBLICATION TERMINAL SUPPLY CO, INC UNIVERSITY OF MINNESOTA VERIZON WIRELESS VIKING ELECTRIC SUPPLY C/) o 120036 120037 120038 120039 120040 120041 120042 120043 120044 120045 120046 120047 120048 282.00 6.00 35.73 58.41 129.99 443.80 :,,927.79 212.73 680.05 31.09 250.00 54.25 143.49 1,46:.,488.08 *** ACS FINANCIAL SYSTEM 01/04/2007 10 BANK VENDOR REPORT TOTALS: 00 ..... CITY OF COLUMBIA HEIGHTS GL340R-V06.70 PAGE 9 Check History 01/08/2007 COUNCIL LISTING CHECK NUMBER AMOUNT 1,461,,188.08 RECORDS PRINTED - 001132 ACS FINANCIAL SYSTEM 01/04/2007 10:23:50 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 203 212 213 225 240 261 270 376 377 378 379 385 389 402 411 415 418 420 439 00 N I OU;J 652 701 720 875 881 883 885 886 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND PARKVIEW VILLA NORTH STATE AID MAINTENANCE PARKVIEW VILLA SOUTH CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT DARE PROJECT TAX INCREMENT BONDS SHEFFIELD - TIF (M8) MEDTRONIC - TIF (N7) HOUSING TIF #1 SCATTER MULTI-USE REDEVELOPMENT PLAN R8:TRANSITION BLK REDEVELOP STATE AID CONSTRUCTION CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ COMMUNITY CTR CAPITAL BLDG CAP IMPROVEMENT-DEVELOPMENT FIRE CAPITAL EQUIPMENT WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR SEWER CONSTRUCTION Fm~D CENTRAL GARAGE DATA PROCESSING FISCAL AGENCY: GIS RM~GER CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN PAYROLL FUND INVESTMENT FUND FLEX BENEFIT FUND 87,747.93 4,545.78 33.00 1,262.93 16.50 2,309.12 17,765.36 530.95 9.01 1,566.25 288.75 288.75 997.50 288.75 288.75 358.51 642.00 26,289.28 1,512.89 7,800.58 106.50 73,906.97 69,394.33 89,350.26 5,172.59 190,829.08 4,450.01 14,931.19 21,600.37 10,952.37 303.80 530.36 129,873.65 690,000.00 5,544.01 1,461,488.08 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS ACS FINANCIAL SYSTEM 01/04/2007 10:23:50 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,461,488.08 1,461,488.08 00 W COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin 8,2007 CITY MANAGER'S AGENDA SECTION: Items for Consideration Other Ordinances and Resolutions NO: <0 A ORIGINATING DEPARTMENT: Community Deveiopment AFFROV AL ITEM: 2nd Reading: Ordinance 1519, Rezoning ofa Portion of the Property at 2101 - 3ih Ave. From GB to R-3. BY: Jeff Sargent, City Planner DATE: January 4, 2007 ~ BACKGROUND The property at 210 1 - 3 ih A venue is currently zoned GB, General Business. As part of the overall request for the use of the land, Pratt Ordway, LLC and Comforts of Home would like to rezone the northern 2.47 acres of the property to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting property zoning classifications, and would enable Comforts of Home to locate on the parcel with a Conditional Use Permit. The City Council approved the first reading of this ordinance on November 13,2006. In conjwlction with the rezoning of this parcel ofland, the City's Comprehensive Plan was amended to re-guidethis land from "Commercial" to "Medium Density Residential". On December 29,2006, the City received confirmation from the Metropolitan Council that the Comprehensive Plan Amendment has been approved. The second reading of the ordinance to rezone the Comforts of Home parcel may now take place. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1519, being ample copies available to the public. Move to adopt Ordinance No. 1519 pertaining to the rezoning of a certain property located at 2101 - 3 ih Avenue NE. Attachments: Draft Ordinance 1519 COUNCIL ACTION: I 84- ORDINANCE 1519 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 2101-37TH AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the City of Columbia Heights recognizes that the GB, General Business zoning does not allow the flexibility needed to accommodate successful redevelopment in accordance with the proposed development; and WHEREAS, rezoning from GB, General Business to R-3, Limited Multiple Family Residential provides flexibility in the project redevelopment, and allows for an assisted living facility and a higher density land use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2006- 241, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the zoning classification of the property for the proposed development is compatible with the proposed R-3, Limited Multiple Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business to R-3, Limited Multiple Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: November 13,2006 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk -86- CITY COUNCIL LETTER Meeting of: 1/08/07 AGENDA SECTION: PUBLIC HEARING (oC ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen\f21b./ DA TE: 1/3/07 ~ ITEM: ADOPT RESOLUTION ORDERING AND LEVYING ONE MID-BLOCK LIGHT ON V AN BUREN STREET Background: The City Council established a Public Hearing January 8, 2007 for the formal consideration of assessing a mid-block street light to benefited properties, as requested by petition. The proposed light is located on Van Buren Street between 39th and 40th A venues. The petition is for one 100watt HPS light to be installed on an existing pole between 3938 and 3942 Van Buren Street. There will be 9 parcels included in the assessment. Of these 9 parcels, 1 parcel is owned by the City and 7 property owners signed the petition in favor of installing the light. The monthly cost to each of the benefiting homeowners is $1.00 per month. Recommended Motion: Move to waive the reading of Resolution No. 2007-06, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2007-06, being a Resolution ordering and levying one mid-block light located on Van Buren Street, known as PIR 677-37. K.H:jb Attachment: Resolution Notice of Public Hearing Map .".,1 ....1 I! ACIIUJ" -87- CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA RESOLUTION NO. 2007-06 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR MID-BLOCK LIGHT NO. 677-37 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifYing and confirming all other proceedings, heretofore had: Special Assessment for mid-block street light numbered 677-37 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 8th day of January 2007, in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section I. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-37 for mid-block street lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels ofland enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel ofland is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. )n 4. This resolution shall take effect immediately upon its passage. n_+~..1 .t..:~ oth An.. _+ Tn~..n~' "lflfl'7 LJa..""u l.J.ll,:) 0 uay VI JUUUU.I) ~vv I. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -88- CITY OF COLUMBIA HEIGHTS NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Columbia Heights, Minnesota has determined the following Public Hearing be held on January 8, 2007, at 7:00 P.M. in the City Council Chamber, 590 40th Avenue N.E. to consider: P.I.R. 677-37 PROJECT NO. 0609 . Installation and maintenance of one (I) 100 watt high pressure sodium cobra head street light on Van Buren Street, on the pole between 3938 and 3942 Van Buren Street. . At this time, the annual cost is $12.00 per parcel. The cost may increase with increases in the electric utility rate. . This special assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. PARCELS PROPOSED TO BE ASSESSED: Said street light installation is to be considered pursuant to Minnesota Statutes, Chapters 429. The installation and maintenance is to be specially assessed on a unit basis against properties abutting the street and listed below. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number. check your real estate tax statement. 35-30-24-41-0075 35-30-24-41-0076 35-30-24-41-0077 35-30-24-41-0079 35-30-24-41-0080 35-30-24-41-0095 35-30-24-41-0096 35-30-24-41-0097 35-30-24-41-0099 Persons desiring to be heard with reference to the proposed installation will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. ADOPTION OF PROPOSED SPECIAL ASSESSMENT Notice is hereby given that the purpose of this Public Hearing is also to adopt assessment roll 677-37, for the area of alley lighting. The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The City Council may levy and adopt special assessments that are the same or different than the proposed amount. ASSESSMENT ROLL A V AILABLE FOR INSPECTION The proposed assessment roll is now on file for public inspection at the City of Columbia Heights Clerk's Office, 590 40th A venue NE, Columbia Heights, Minnesota. You are invited to examine the assessment roll prior to the hearing during business hours; no appointments are necessary_ The assessment ioH "viII also be available for examination at the hearing. OBJECTIONS AND APPEALS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subsequent meeting. Minnesota Statute, Section 429.061, states that no appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 429.081, by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within (10) days after service upon the Mayor or the Clerk. ACCOMODA TIONS The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 763-706-3611 to make arrangements. (TDDI763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS w ALTER FEHST CITY MANAGER Published in Focus on December 21, and December 28,2006 -89- I '-0 o I ~\ \ 4jUl 4300 \ 4302 (8 City of , :./ Columbia Heights - 43RD 4259 4333 4256 ~ PROPOSED 4258 4253 4252 RE-ASSESSMENT l 55 FOR 233 42NDAVE ~ 4254 I-- 4247 4248 4250 49 4241 LEGEND 4242 4242 ~. PIN 43 f-- /, 35-30-24-23-0161 4236 4237 29 4232 4233 .J::::o. I\J 25 I\J 4221 - ~ ~ :21 j - ~ 17 4218 4215 :~ ~ . I\J ~ I\J 0 I- ~13 4212 w 0 4207 w ~07 4206 241 ~01 4200 4201 CITY OF COLUMBIA HEIGHTS -t. GIS I ENGINEERING DEPARTMENT AVE L Map Date: December, 2006 42ND Map Author: KYoung .. __ \ r l I I T T I I I I r CITY COUNCIL LETTER Meeting of January 8, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL BY:d~~~ DATE: NO: ITEM: <on Adopt Resolution For Revocation BY: Gary Gorman DATE: December 27, 2006 NO: 2007-01 Revocation of the license to operate a rental unites) within the City of Columbia Heights is requested against James Dalkafregarding rental property at 5045 Johnson 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.2007 -01, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-01, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by James Dalkaf regarding rental property at 5045 Johnson Street N.E. COUNCIL ACTION: -91- RESOLUTION 2007-01 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthat certain residential rental license held by James Dalkaf (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 5045 Johnson Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 4,2006 of an public hearing to be held on January 8, 2007. 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 November 21, 2006, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 4, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following Gonditions and violations ofthe City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U5045 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. -92- Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2007 -93- Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of January 8, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL BY: AlA ' (.E .t v' NO: ~E ITEM: Adopt Resolution For Revocation BY: Gary Gorman DATE: December 27, 2006 DATE: NO: 2007-02 Revocation of the license to operate a rental unites) within the City of Columbia Heights is requested against Robert Machel regarding rental property at 564 Huset Parkway 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.2007-02, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-02, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Robert Machel regarding rental property at 564 Huset Parkway N.E. -=~""=-- I COUNCIL ACTION: -94- RESOLUTION 2007-02 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthat certain residential rental license held by Robert Machel (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 564 Huset Parkway N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 27, 2006 of an public hearing to be held on January 8, 2007. 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 I. That on November 27, 2006, inspection office staff sent a letter requesting the new owner ofthe property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December II, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions ofthe 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 U564 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. -95- Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2007 -96- Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of January 8, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY leY Fire MANAGER NO: APPRO V AL ITEM: Adopt Resolution For BY: Gary Gorman BY:;Jf4!vI -- Revocation DATE: December 29, 2006 DATE: NO: 2007-03 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against David Holton regarding rental property at 656 47-I/2 Avenue 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.2007-03, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-03, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by David Holton regarding rental property at 656 47-I/2 Avenue N.E. COUNCIL ACTION: -97- RESOLUTION 2007-03 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by David Holton (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 656 4ih Yz A venue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 7, 2006 of an public hearing to be held on January 8,2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 31,2006, inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on December?, 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. 3. That on January 3,2007, inspectors for the City of Columbia Heights, performed a 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. Shall install a working, U.L. approved smoke detector on each level of the unit.. 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 F7836 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on -98- 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. day of 2007 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -99- CITY COUNCIL LETTER Meeting of January 8,2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY ~G Fire MANAGER NO: APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY:/~;::;?;j Revocation DATE: December 29, 2006 DATE: NO: 2007-04 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Beatriz Martinez-Escobar regarding rental property at 4919-21 Jackson 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.2007-04, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-04, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Beatriz Martinez- Escobar regarding rental property at 4919-21 Jackson Street N.E. COUNCIL ACTION: -100- RESOLUTION 2007-04 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Beatriz Martinez-Escobar (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4919-21 Jackson Street N .E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 7, 2006 of an public hearing to be held on January 8, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 26,2006, inspectors for the City of Columbia Heights, inspected the property described above and noted six 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 December 7,2006, inspectors for the City of Columbia Heights, reinspected the property and noted five 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 January 3,2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted five 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. Shall remove all brush piles in the yard. b. Shall paint all bare wood on the back of the garage. c. 4921 Jackson i. Shall replace the soap dish in the bathroom. ii. Shall extend the piping on the relief valve ofthe hot water heater to be within 18 inches from the ground. d. 4919 Jackson I. Shall extend the piping on the relief valve of the hot water heater to be within 18 inches from the ground. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice ofthis hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). -101- ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F8105 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 ofthis Order revoking the license as held by License Holder. day of 2007 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -102- CITY COUNCIL LETTER Meeting of January 8, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY ~ 1-\ Fire MANAGER NO: APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY:"~?" Revocation DATE: December 29, 2006 DATE: NO: 2007-05 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Boopendra Phalgoo regarding rental property at 4341 Tyler Place N.E. for failure to meet the requirements ofthe Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-0S, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-05, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of the rental license held by Boopendra Phalgoo regarding rental property at 4341 Tyler Place N.E. COUNCIL ACTION: -103- RESOLUTION 2007-05 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Boopendra Phalgoo (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 4341 Tyler Place N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 7, 2006 of an public hearing to be held on January 8,2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on November 20,2006, inspectors for the City of Columbia Heights, inspected the property described above and noted eight 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 December 7, 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. 3. That on January 3,2007, inspectors for the City of Columbia Heights, performed a 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. Shall repair the utility room/mechanical room fire door in the back of the building so that it closes and latches under its own power. 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 SA, Article HI 5A.306 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F8117 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on -104- the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -105-