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HomeMy WebLinkAboutMay 14, 2007 RegularCITY OF ~®LIJMBIA ~-~IEIGhITS 590 40" Avenue NE, Columbia Heights, MN 5542t-3878 063)706-3b00 TDD (763) 706-3692 DTsrt our website at: wwrv.ci.cnlunrbia-hei~ht.£mn.us ~nr Garv L. Pererson Cnuncilmem6er Roberrd. Williams Br{rCP .vnlV)'OC'.t7 Tmnmern Diehm Bruce KeLenber~ City Mnnager Wntrer R. Fehsr 1 he following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, May 14, 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 of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation wi°' be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call. the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 far deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/IN'VOCATION A) Call to Order B) Invocation by Rev. Peter Law, Community United Methodist Church C) Appoint Secretary Pro Tem MOTION: Move to appoint Carole Blowers Secretary Pro Tem for the May 14, 2007 City Council meeting. D) Roll Call 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These maybettems 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 1) Police Week -May 13 to 19, 2007 B) Presentations -none C) Introduction of New Employees -none D) Recognition -none Pg 5 5. CONSENT AGENDA. (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1} Approve City Council Meeting Minutes for April 23, 2007 City Council meetings a} MOTION: Move to approve the minutes of the April 23, 2007 regular City Council meeting as P6 presented. b} MOTION: Move to approve the minutes of the Apri123, 2007 Public Improvement Hearing as P2 0 presented. 2} Accept Boards and Commissions Meeting Minutes a} Accept Charter Commission meeting minutes of January 18, 2007 Paz b} Accept HRA meeting minutes of January 23, 2007 P26 c) Accept HRA meeting minutes of March 27, 2007 Piz City Council Agenda May 14, 2007 Page 2 of 4 d) Accept Library Board of Trustee minutes of April 3, 2007 P34 e) Accept Telecommunications Commission meeting minutes of April 19, 2007 P36 f) Accept Planning and Zoning Commission meeting minutes of May 1, 2007 P39 3) Adopt RPsol~~tion hlo. 200'7-68, being a Resolutinn to regc•heriulP the May 2R 2nn7 City ~'n„nril P57 meetin tg o ~1ay 29, 2007 MOTION: Move to waive the reading of Resolution No. 2007-68, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-68, being a Resolution rescheduling the Monday, May 28, 2007 regular City Council meeting to Tuesday, May 29, 2007 beginning at 7:00 p.m. in the City Council Chambers. 4) Authorize Transfer of Funds to Police Department Budget to reimburse Overtime Fund Ps9 MOTION: Move to transfer $1,200 received from Anoka County and placed in the City's General Fund, to the Police Department 2007 budget under line #1020, police overtime. 5) Authorize capital equipment replacement of Unit #286 with John Deere 5425 Tractor and Sweepster P61 MOTION: Move to authorize the capital equipment replacement of Unit #286 and sweeper attachment with the purchase of one (1) new John Deere Model 5425 Tractor and one (1) new OCTL Sweepster Loader Mount Hydraulic Drive Angle Sweeper in the amount of $43,612.37, from Isanti County Equipment on the State of Minnesota purchasing contract. Funding shall be from the Park Capital Equipment fund, 431-45200-5180. 6) Authorize capital equipment replacement of Unit #226 with Toro Groundsmaster 580D mower P6z MOTION: Move to authorize the capital equipment replacement of Unit #226 with one (1) new Toro Groundsmaster 580-D from MTI Distributing in the amount of $66,655.00 (with trade-in} plus tax from the Minnesota State purchasing contract. Funding shall be from the Park Capital Equipment fund, 431-45200-5180. 7) Authorize staff to seek bids for the emergency repair of sanitary sewer at 44th and Central P64 MOTION: Move to authorize staff to seek bids for the emergency repair of sanitary sewer at 44th and Central Avenues. 8) Authorize staff to seek bids for the replacement of a picnic shelter at Silver Lake Beach P66 MOTION: Move to authorize staff to seek bids for the replacement of the picnic shelter at Silver Lake Beach, based upon a recommendation from the Park and Recreation Commission. 9) Adopt Resolution No. 2007-69, being a Resolution approving CUP for outdoor sales at 3927 Central P6a Avenue MOTION: Move to waive the reading of Resolution 2007-69, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-69, approving a Conditional Use Permit for outdoor sales for Swenson's Greenhouse, located at 3927 Central Avenue, subject to the conditions outlined in Resolution No. 2007-69. 10) Approve Rental Housing License Applications P76 MOTION: Move to apprave the items listed for rental housing license applications for May 14, 2007. -2- City Council Agenda May t4, 2007 Page 3 of 4 11}Approve Business License Applications P7e MOTION: Move to approve the items as listed on the business license agenda for May 14, 2007 as presented. 12} Approve Pavrnent of Billc c8n MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 121252 through 121 SOS in the amount of $1,146,379.29. 13}Approval of the liquor store site plans and buildini; designs and to authorize Oertel Architects to P9o seek formal construction bids MOTION: Move to approve the liquor store site plans and building designs and to authorize Oertel Architects to seek formal construction bids. 6. PUBLIC IIJEARIN~S A} First Reading: Ordinance 1525, Zoning Amendment to the Zoninp~ Code as it relates to Used Auto Sales and Rentals. P97 MOTION: Move to waive the reading of Ordinance No. 1525, being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No. 1525 for Tuesday, May 29, 2007, at approximately 7:00 p.m. in the City Council Chambers. B} Adopt Resolution No. 2007-63, being a Resolution for abatement of violations at 1261-1263 Circle Plot Terrace Blvd. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-63, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-63, a resolution of the City Council of the City of Columbia Heights declaring the property at 1261-1263 Circle Terrace Blvd N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. C) Adopt Resolution No. 2007-64, being a Resolution for abatement of violations at 1611 37`" Ave. Pros MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-64, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-64, a resolution of the City Council of the City of Columbia Heights declaring the property at 1611 37`" Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. D} Adopt Resolution No. 2007-65, being a Resolution for abatement of violations at 4917 5`" St. Plos MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-65, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-65, a resolution of the City Council of the City of Cohmbia Heights declaring the property at 4917 5`" Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. E) Adopt Resolution No. 2007-66, being a Resolution far Rental Housin~License Revocation at 4636 P111 Washington St. MOTION: Move to close the public hearing and to waive the reading of Resolution Na.2007-66, there being ample copies available to the public. _ s _ City Council ,4genda May l4, ?007 Page 4 of 4 MOTION: Move to adapt Resolution No. 2007-66, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Amina Yakubu regarding rental property at 4636 Washington Street N.Ir. 7. ITEMS FOR CONSIDERATION A} Other Ordinances and Resolutions 1 } Adopt Resolution No. 2007-67, authorizing the issuance, sale, and delivery of Revenue Refunding Bands (Crest View project} P114 MOTION: Move to waive the reading of Resolution No. 2007-67, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-67, authorizing the issuance, sale, and delivery of Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View project), Series 2007A, and Taxable Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View project), Series 2007B, payable solely from revenues pledged pursuant to the indenture; approving the form of and authorizing the execution and delivery of the bonds, and the related documents; and providing for the security, rights, and remedies with respect to the bonds. B) Bid Considerations -none C) Other Business 1) Authorize payment for one-half the cost of a 2003 Ford mini-coach bus P123 Move to authorize payment of $8,100 plus tax (one-half the total cost) for the purchase of a 2003 Ford 350 mini-coach, to be owned by the city, with the city portion to come from Fund 226 Special Revenues. 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 hislher name and address for the record. 10. COUNCIL CORNER l l .ADJOURNMENT ~.~ ~````"°~ ~::: ~ ` r Linda~`L. Magee "~'''~`--~'~~ Assistant to the City Manager/H ~~ Reso ces Director LLM/pvm -4- ~`~ PROCLAMATIOl~T POLICE WEEK May 13 to May 19, 2006 WHEREAS: the Congress of the United States of America has designated the calendar week of each year during which May 15 occurs as "National Police Week" and May 15 of each year to be "Peace Officers' Memorial Day"; and WHEREAS: the law enforcement officers are our guardians of life and property, defenders of the individual's right to be free, warriors in the war against crime, and dedicated to the preservation of life, liberty, and the pursuit of happiness; and WHEREAS: it is known that every forty-nine hours an American Police Officer will be killed in the line of duty somewhere in the United States, and 170 officers will be seriously assaulted in the performance of their duties, our community .joins with other cities and towns to honor all peace officers everywhere; and NOW, THEREFORE, we, the City of Columbia Heights City Council, do hereby proclaim the week of May 13 to May 19, 2006, to be POLICE WEEK and call upon all of our citizens in this community to especially honor and show our sincere appreciation for the Police Officers of this City by deed, remarks, and attitude. I call upon all our citizens to make every effort to express their thanks to the men and women who make it possible for us to leave our home and families in safety each day and to return to our homes knowing we are protected by those willing to sacrifice their lives, if necessary, to guard our loved ones, property, and government against all who would violate the law. Mayor Gary L. Peterson City of Columbia Heights -5- ~ i~ ! c< OFFICIAL PROCEEDINGS i~EE ~i~C1TES HAyJE CITY OF COLUMBIA HEIGHTS ~VQ7 BEES} APP~/~ CITY COUNCIL MEETING APRIL 23, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 23, 2007 immediately following the Public Improvement Hearing in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehrn, Councilmember Kelzenberg. Lorraine Mel, Pastoral Minister, Immaculate Conception Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add discussion on the expansion of the Central Avenue TIF District. Fehst stated it would be going to a joint committee of the Senate and the House. Nawrocki indicated he wanted this placed on the agenda. Fehst stated that there is no additional information for the Council on this item. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND. GUESTS Presentations 1) Columbia Heights Athletic Booster Association donation to Recreation program. Keith Windschitl, Recreation Director, introduced Chad Lewandowski, CEO of the Columbia Heights Boosters and Mark Vescio, Athletic Boaster President. Mark Vescio stated the mission of the Columbia Heights Athletic Booster Association is to support youth athletics and activities. As with other organizations, funds are tight. He stated they would do their best to make funds available for kids to participate in all activities. He presented a check in the amount of $30,000. Vescio stated that the organization is always looking for new members. Windschitl stated it is a privilege to accept this donation. These donations help the youth of the community receive reasonable program fees. We appreciate their support and donation. Nawrocki questioned the scholarships, and how much in Lions scholarships are given. Windschitl stated that every quarter a youth, if they get reduced or free lunches in the School District, can receive up to a 75 percent reduction of up to $25. At Highland Elementary about 80 percent of the students qualify. Nawrocki requested the dollar amount be passed on to him. Peterson stated he has been a member of the Boosters for about 35 years. The donations over the years have been in the millions. We need new members and would welcome them. The Boosters meet the third Wednesday of the month at Murzyn Hall. They have done a world of good in our community. The Boosters had three pull. tab operations in the city, but that is now down to one operation, so tl'iey must begin new ventures to raise funds. The remaining pull tab operation is at Sarna's restaurant. He stated his pride in the organization. 2} 2007 Sister City Young Artist Showcase Petersen congratulated the winners of the Young Artist's showcase: Blue Ribbon winner: Iman Hassan. and Red Ribbon Winners: Brittany Benson and Youa Yang. The topic was ``Do we live in an accessible world". Iman Hassan received $50 and her painting wilt be sent to the next level of s- City Council Minutes Apri123,2007 Page 2 of 14 competition in Washington DC. The two red ribbon winners received $2S. Iman Hassan and Brittany Benson were present to show their art work. Peterson stated that he viewed the showing and the participants were all very talented. liTiaii HAJJarl Stated that S,ie iSa SeriiGrat ~r.,oii.iiiibia iicigiitS Higii SC,iiooi. S~ie Showed "arid explained her artwork. She credited the Sister Cities organization for giving her this opportunity. Fehst referred to the Mayor's diversity initiative and suggested she participate. He indicated the importance of youth participation in local government. Brittany Benson stated that she is a junior at Columbia Heights High School She explained her painting. Benson also stated that the High School is presenting the play "Anything Goes" and invited everyone to attend. Diehm stated the play has reserved seating and indicated to call ahead for tickets. Peterson thanked Liz Bray, Recreation Department, and the Sister City Group for sponsoring this event. He indicated the desire that this be an annual event. CONSENT AGENDA Nawrocki requested to remove consent agenda items number 3, 6, 7 and 8. Walt Fehst, City Manager, took Councilmembers through the Consent Agenda Items. I) Approve City Council April 9, 2007 Board of Review and regular meeting minutes a} Motion to approve the minutes of the April 9, 2007 Board of Review as presented. b) Motion to approve the minutes of the April 9, 2007 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Accept the March 28, 2007 minutes of the Park and Recreation Commission. Nawrocki disagreed with the statement in the minutes regarding carry over of funds. The budget does not allow you to move funds around without Council action. 3) Adopt Resolution. No. 2007-52, being a Resolution amending Resolution No. 2004-23 authorizin>; certain Charitable Gambling; -removed 4) Approve transfer of funds from the General Fund to Police Department budget to reimburse overtime fund Motion to transfer $4,032.38 received from Unique Thrift Stores and $4,279.75 received from Columbia Heights School District - a total of $8,312.13 -from the General Fund to the Police Department 2007 budget line #1020, Police Overtime. S) Adopt Resolution No. 2007-60, being a Resolution authorizing the cleaning and lining; of 3,650 lineal feet of water main under the Minneapolis 2007 program, Citesproject No. 0703 Motion to waive the reading of Resolution 2007-60, there being ample copies available far the public. Motion to adopt Resolution 2007-60, being a Resolution to accept the Feasibility Report for the 2007 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining ofpipe totaling 3,650 lineal feet, under the City of Minneapolis water main cleaning and lining program far 2007, -7- City Council Minutes Apri123, 2007 Page 3 of 14 Fehst stated this is the third year of the program. In the future there will also be a tie in to the Met Council contract for lining of the area that backed up last year. RESOLUTION N0.2007-b0 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2007 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROTECT - NO. 0703 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program. V~HEREAS, a report has been prepared by the Director of Public Works with reference to the 2007 Water Main Cleaning and Lining Program, and WHEREAS, the 2007 Water Main Cleaning and Lining Program includes the fallowing main segments: Monroe from 49`x` to 5151 Avenues, 50'/z Avenue from Monroe to 3ackson Streets, 50`h Avenue from Monroe to Jackson Streets and 49 '/~ Avenue from Monroe to 3ackson Streets, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on Apri123, 2007. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $130,000. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23rd of April, 2007, 4. These improvements shall also be known as Project No. 0703 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 6) Adopt Resolution No 2007-59 being a Resolution accepting bids and awarding a contract for City project #0700: 2007 miscellaneous concrete repairs and installations -removed 7) Authorize agreement with Nesbit Agencies to be Agent of Record for the City's insurance package -removed 8) YMCA Market Study for Activity Center -removed 9) Ap,~rove the items listed far rental housing license applications Motion to approve the items listed for rental housing license applications for Apri123, 2007. 10} Ap~rotie reissue of rental housing license for 4502 Washington Street NE as it complies with City Code Motion to issue arental-housing license to L & P Asset Holding LLC to operate the rental property located at 4502 Washington Street NE in that the provisions of the residential maintenance code have been complied with. 1 1 } A~t~rove Business License Applications Motion to approve the items as fisted on the business license agenda for April 23, 2007. as presented. -s- City Council Minutes April 23, ?007 Page 4 of l4 12) 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 121096 through 121521 in the amount of $713,816.54. hT___._._ ~_..` ~ .1 L~_- ..~,~..._).. ~:..-._... ,. ~~.e~l:-._ TI:..LW 1nA... .~ ~4 ~ .(•`.. -. 4L,~ Tn»... t., ,... 1V21WIUCKI llLleJtlUtleU L11G 1.leUU1G1 5 11GGL1SG Gpplll.d11U11. 1J1G1ll11 Jta1GU it 1J 1V1 1116 JQL11VVlee. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items, with the exception of items No. 3, 6, 7, 8. Upon vote: All ayes. Motion carried. 3. Adout Resolution No. 2007-52, beint? a Resolution amendintr Resolution No. 2004-23 authorizing certain Charitable Gambling Nawrocki requested a better explanation of the resolution changes. Police Chief Tom Johnson stated he was notified by the Charitable Gambling Board that we were not in line with State Statute. We can not charge a license fee, but we can charge an investigation fee. The amount charged by the charitable gambling facility has been changed to base it on the gross profit. Johnson had copies of the State Statute available. Motion by Diehm, second by Kelzenberg to waive the reading of Resolution No. 2007-52, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-52, being a Resolution amending Resolution No. 2004-23 authorizing certain Charitable Gambling. Upon vote: All ayes. Motion carried. RESOLUTION N0.200?-52 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.5? of the City Code unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; 3. The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the Iicensed premises a rental or lease payment, inclusive of any and all allowable expenses, in excess of that amount as set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of die proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. An investigation fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. Investigation fees shall not be prorated or refundable. Not withstanding anything to the contrary herein, an existing Class A or Class B licensee shall pay an investigation fee of $25 for any event, of three days or less, to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity lnay be immediately suspended until such violations} is/are corrected. Any such determination of violations(s} and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum of ten (10} days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on April 23, 200?, and shall replace Resolution 2004-23. -9- City Council Minutes April 23, 2UU7 Page 5 of 14 6. Adopt Resolution No. 2007-59, being a Resolution accepting bids and awarding a contract for City protect #0700: 2007 miscellaneous concrete repairs and installations Nawrocki asked what we did to obtain bids. Hansen stated this was advertised in the Focus and the r n._ t n _~-_---~--_ t__ t t__.t.t___ v..~„~t~ t_: x t_._~,.. ti.,.. 4 t,....,._ LCd~-'Lle DUhetlrl. AGJIJVllUG1J Were LllG uJl.lal UlUUG1J. 11ilJJQ J UlU ~NaJ G211l1VJ! LWU pert.ell! 1VWC1 than last year. Hansen stated this is small, piecemeal work. Hansen stated that six people had picked up plans. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2007-59, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-59, accepting bids and awarding the 2007 Miscellaneous Concrete Repairs and Installations, Municipal Project #0700, to Ron Kassa Construction, based upon their Iow, qualified, responsible total bid in the amount of $12,333.58 with funds to be appropriated from Fund 401-50700-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-59 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2007 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT NO. 0700 TO RON KASSA CONSTRUCTION WHEREAS, pursuant to an advertisement for bids for City Project No. 0700, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Construction $12,333.58 Jay Bros., Inc. $33,714.11 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250'h E, Elko, Minnesota 55020 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUIvIBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2007 Miscellaneous Concrete Repairs and Installations, City Project No. 0700, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project #0700 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR. funds. 7. Authorize agreement with Nesbit Agencies to be Agent of Record for the City's insurance acp ka~e• Nawrocki questioned if we buy insurance through the League of MN Cities (LMC) why do we need an agent. BiII Elrite, Finance Director, stated that we are required by the League to have an agent. The agent represents us, reviews our policy/coverage, and gives advise on what we should have and what we need. Nawrocki questioned if the policy is written by the League. Elrite stated it is written by the League Insurance Trust. Nawrocki stated that we are only buying what the League offers. Eh-ite stated that the agent reviews and advises on items such as our tort liability. Na~TOCki questioned if it is $12,000 worth of work. Elrite stated that it is $13,000 less than when we had a commissioned agent. - to - City Council Minutes April 23, 2007 Page 6 of 14 Motion by Diehm, second by Kelzenberg, to authorize the Mayor and City Manager to enter into an agreement with Nesbit Agencies to become our Agent of Record for the City's insurance package. Upon vote: All ayes. Motion carried. ~L~V1l~.A iV1ar15.C`t SLUdy LU! Activity Ccilter Nawrocki stated that this study is premature. We already did such a study. Fehst indicated that involved other things, including retail. Nawrocki stated he has not seen a contract for this and the feeling of this survey was not if we need a facility, rather what people would be willing to pay for these types of services. The committee has not requested such a study. We are getting carried away with the recommendation of a facility that could be upwards of $20 million. Has the school been asked to cover a share of this study? Fehst stated that the YMCA was asked to come in and discuss their interest to build a facility in Columbia Heights, and if not, would they be willing to run a facility. Fehst referred to the Andover facility where the YMCA runs the pool and rooms, but not the gyms. This was mentioned at the last committee meeting and is on the agenda tonight by request of the Council. Diehm clarified that she asked to have this placed on the agenda. The YMCA approached us with their interest, and we are looking at a process for a community center. They proposed to complete a study that they do all over the country, polling 300 households to see what amenities could be supported in such a facility. They would present the City with a booklet of site possibilities. Their studies are about 95 percent accurate in the number and type of attendees. The YMCA offers memberships and scholarships. Because the study process takes 60-90 days this information would benefit the committee, and the YMCA will pay for one-half of the study. It is important far us to have this information to assure residents we have looked at all options. Nawrocki stated that he supported meeting with the YMCA to see what they could do, as they could be a logical partner in such a facility. However, they sound committed to having a major pool and if you belong to another facility you are entitled to use any of their other facilities. Nawrocki stated that a pool is one of the amenities that add to the cost of such a facility, and he is not sure our committee feels a pool is necessary, even though it has been talked about. We should work with the school and concentrate on what we discussed in the beginning. The school needs to be involved in this study, particularly by participating in the cost. This is premature. Diehm stated that while the Activity Center Committee looks at what is best for our community, the YMCA would expect fund raising, but they do also draw from a larger fund base. We discussed running the gyms and the community would benefit from their entire budget. Deb Johnson, 4626 Pierce, stated that if they are willing to pay for a facility, let them. Aurora Johnson, 3977 Polk Street, stated that she is a member of the Activity Center Committee and participated in the visit to the Andover facility. It was a fantastic facility. The committee has discussed options of a partial or full amenity facility. This would be the time to have the discussion with the YMCA. Fehst stated it has not been discussed what the YMCA would. provide. Kay Mayer, 2115 Highland Place, stated we have to move forward with this. If the YMCA is willing to help, fine. Putting out this money is not going to hurt. If we are going to move on this, it must be now. Nawrocki. stated that he visited the $19 million Andover facility and it is very nice. He felt the 11 - City Council Minutes April 23, 2UU7 Page 7 of 14 residents put up the money far the facility. The YMCA and the city are each responsible for different parts of the facility. There would not be a lot of money corning from the YMCA. Feterson staited that the Y1MCA wlould determine through their own survey, if this is a viable r/l VJ el+l. T I11J st{Ady VY O~i11„.l tak~i abVut V~-/OV days, and r~~e hope th ut our voriimittee ~'~.Iill l;a~~P th Pir work done by then. Project phasing is possible, but we need answers as soon as possible. Peterson stated that he wants an answer by the end of June and wants to be moving forward by July. He is also tired of all the studies; either we get on with it or get on with something else. We deserve a good facility. People have expressed that they want a pool here, and if the YMCA can provide that, so be it. Motion. by Williams, second by Kelzenberg, to authorize contributing to the cost of a joint market study with the YMCA at a cost to the city of up to 50% of the total study cost, or $12,500, whichever is less, to be paid from Fund 418. Nawrocki asked that the school be contacted before a study agreement is made with the YMCA and he wants to look over the questions that they intend to ask. Nawrocki stated that the city has gone to the citizens twice for a facility and it has been turned down, whereas voters have backed city liquor operations twice by the voters. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. PUBLIC HEARINGS A} Second reading of Ordinance No 153 being an Ordinance relating to the use of temporary si~na~e in the business districts in the City of Columbia Heig is Jeff Sargent, City Planner, stated this ordinance pertains to the use of temporary signage in the city. Sargent listed the four proposed changes. The changes would not take away the use of temporary signs, but would limit the location, number allowed at a given time, duration and size. Peterson stated that at the last meeting the City Planner was directed to talk to business owners. Sargent stated that he talked to two owners, one of which is present tonight and the second owner only requested clarification and was satisfied with the proposed ordinance. Peterson opened the public hearing and asked for public comment. Jeff Bahe, Jeff's Bobby and Steve's AutoWorld, stated that he met with the City Planner and went out to meet other business owners. He presented a letter from Mr. Moser, a business owner that could not be present. He stated that five other business owners are present. These business owners stated they were not approached by the city with. the proposed ordinance change. Bahe stated that he had 20 signatures regarding this, and he believes it is possible to form a business association. He requested that a committee of business owners and city staff come up with a cooperative plan. Diehm asked if the request is to table the second reading of the ordinance. Bahe stated. that he has ten people that want to be on a committee to come up with a plan. Diehm asked what the proposed ordinance concerns are. Bahe stated the number of signs, that a temporary sign requires a permit, and the duration of the permits. Bahe stated that this is going from liberal to chocking the businesses, but he agreed that changes need to be made. The business owners, as tax payers, need to be heard. He felt there would be a resolution that works for everybody. _q2_ City Council Minutes April 23, ?007 Page 8 of I~ Robert Hartley, Attorney on Central Avenue, stated he and his friend purchased the building and he owns another business across from the theater. He agreed that his banner needs to be changed. Hartley suggested a common theme, such as using the theater or peace clock. If the business owners and city can come up with a plan, that would be the best solution. Kelzenberg told him that his banner should be removea. Hartley reierreo to the area oy tvye s ana the quauty of one businesses iutYrig togeiuci. Columbia Heights has a corridor of businesses that have uniqueness about them. George Haney, Property Manager of Central Value Center, asked for clarification of what the temporary sign application would cost. Sargent stated that the fee has not been determined, but would cover the cost and wage to process the permit and site visit or there may not be a cost. There has not been a formal decision. Diehm asked if our liquor store is in violation of our sign ordinance. Peterson stated that one store was in violation, but the signage has now been removed. Haney asked if the signs would require property owner approval and have due process rights. He stated that other communities such as Elk River require the ownership be aware of when signs are going up and what they say. Peterson asked if he would be willing to work with the group. He stated he could attend a meeting. Sargent stated it has not been determined if it would be best to have the property owner sign the permit or if it would be the responsibility of the applicant/tenant. Barb Kolaff, owner of Mineke Car Center, stated that they opened last fall and that signage is important to them, since they do not have the visibility of other businesses. She indicated that they put up a sign and three days later received a letter to take it down. We need to work together on this. Where was the communication; we did not know about this proposal. She stated that as a business owner, she is anxious to form a committee and bring the community together. Kolaff stated disappointment with signs that are knocked dawn and with temporary signs that are permanent. We want to work together with the City. Peterson indicated that there was discussion at the last meeting to table this to have business input. Now we can get those meetings started so business owners, staff and Planning and Zoning Commission (P&Z) members can work together. Sargent reminded Council of the process far the second reading of an ordinance, stating notification met ail legal requirements. Four public meetings were held. It would be cost imperative to notify all residents. This ordinance only addresses temporary signs. Sargent agreed with having a common theme, which is covered in our Design Guidelines. Information was gathered from other cities and passed on to the P&Z Commission through work sessions. They concurred on what was reasonable. Sargent stated he would be willing to attend the business owner's meetings, but referred to the work the P&Z Commission did on this ordinance. Nawrocki indicated that he was the only person that voted against disbanding the Columbia Heights Chamber of Commerce. We had improved, the control on signs; unfortunately they are allowed an excessive amount of time, which is not much better than 30 years ago. The proposed ordinance is still pretty weak. Nawrocki referenced signage comparisons to the Auto World facilitys. He indicated that Bona's on University Avenue does not use temporary signage. He does well without temporary signs. Nawrocki referred to the lack of signs araund businesses in Washington DC. He applauded the P&Z for putting this ordinance together and indicated the desire that the Council listens to their recommendation. - 13 - City Council Minutrs April 23, ?007 Page 9 of 14 Motion by Nawrocki, to waive the reading of Ordinance No. 1523, there being ample copies available to the public. No second was received. Motion failed. r t ,t rt .~ . 7 L ~ a_ t__ ~ .. n o_•'7 C.,_ .L ..:_ _..,.~ . ..... 4L.... Tl. ,. Lllenm agreeQ Cnat SLafl nay cane a gaou~aD lulu LlldnKCU 111E 1"ocL lUt tt1c11 WVlli Vtt L111J. tltc ordinance revisions do not seem harsh. We have repeatedly asked our business owners to get involved. She stated disappointed that they did not get involved in the planning stage, but would like to give them an opportunity to have that discussion. Diehm indicated that she many not be open to support anything more lenient, but wants to let business owners know that we want their involvement. Kelzenberg stated his appreciation for staff and the P&Z's hard work, but felt it was great that the businesses want to meet on this. There is room for a happy medium; a Iot of those signs don't belong out there. Peterson agreed with Kelzenberg and Diehm. Sargent stated he would moderate the meeting, but requested a specific date when this would come before the Council. We do not want it to take six months before anything is done. He stated that if the committee recommends changes to amend the ordinance, it would need to be brought before the P&Z Commission. Diehm agreed with a one month time period with the goal being the review of these provisions. Motion by Diehm to table the second reading of Ordinance 1523 regarding temporary signage, until the second Council meeting in the month of May. Second by Kelzenberg. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 1 nay - 1 abstention. Motion carried. Diehm clarified that it is not up to the City Planner to schedule this meeting. It is up to the business owners to meet with staff. If this is not done, the ordinance will go forward. Peterson indicated that this meeting would be to help the business owners understand the Ordinance. The business owners should have an organization that we could contact in such cases so there is not a perceived lack of communication. Even though hearings are done legally, the message does not always get out. B} Second reading of Ordinance No 1524 being an Ordinance relating to the lengths of required off- street parking stalls in the City of Columbia Heights Sargent stated this Ordinance is regarding reducing the length of parking stalls from 20 feet to 18 feet when at a curb. This was covered extensively at the first reading. There were no comments from the audience. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1524, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to adopt Ordinance No. 1524, being an Ordinance relating to the lengths of required ofF street parking stalls in the City of Columbia Heights. Upon vats: All ayes. Motion carried. _~4_ City Council Minutes Apri( 23, 20(17 Page 10 of 14 ORDINANCE NO. 1524 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE LENGTHS OF REQUIRED OFF-STREET PARKING STALLS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106(L) of the Columbia Heights City Code, is thereby amended to read as follows: §9.106 GENERAL DEVELOPMENT STANDARDS (L) Off-street parking and loading. (7} Design and maintenance of parking facilities. Off-street parking facilities are subject to the following design and maintenance requirements: (a) Size ofpar~Zng spaces. Each parking space shall be not less than 9 feet wide and 20 feet in length, exclusive of an adequately designed system of access drives. In the case where the parking space is abutting a curb at its narrowest dimension, the parking stall length may be reduced to 18 feet. In parking lots with more than 300 spaces, up to 40% of such spaces may be designated and clearly marked as compact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be less than 8 feet wide and 18 feet in length, exclusive of the adequately designed system of access drive. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. C) Adopt Resolution No X007-61 being a Resolution for Rental Housing License Revocation at 679 40t" Avenue N.E. Fire Chief Gary Gorman stated this is a new rental property. The owner was sent the information and has not returned the application, fee, or inspection schedule. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-61, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-61, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Cynthia Agyil regarding rental property at 679 40`'' Avenue N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-61 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 Cynthia Agyili (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 679 40'h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on Apri14, 2007 of an public hearing to be held an Apri123, 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 August 7, 2006, inspection office staff sent a Ietter 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. ?. That an Apri14, 2007, 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 fallowing conditions and violations of the City's - 15 - City Council Minutes April 23, 2007 Page I l of 14 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 die License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U679 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. ITEMS FOR CONSIDERATION Bid Considerations 1) Adopt Resolution No 2007-62 being a Resolution accepting bids and award a contract for the demolition of three buildings located at 50th and Central Avenues to Rachel Contracting Hansen stated this demolition is for structures on Central Avenue to begin the process far the new city liquor store site. There were eight bids submitted for demolition and abatement. The engineer's estimate was $60,000. We recommend awarding the bid to Rachel Contracting for $49,667. The abatement necessary is minimal. Nawrocki asked if we have bids for the engineering work on this. Hansen indicated that ProSource did the engineering work. Nawrocki stated that this is premature, as there are no plans for the building; Council has only seen sketches. Estimates are $1,000,000 over the city's original estimate for the work. Nothing has been approved by the P&Z. We have not raised the money and we should look at the matter of bonding. There is an arrangement to go through the EDA, which is a more expensive way to borrow money rather than issuing general obligation bonds to pay for the facilities. Because of this we may pay $30,000 to 40,000 more in interest costs, and the Finance Director indicated to him that maybe conservative. By issuing general obligation bonds we could be subject to a referendum of the city. It would save money and give residents a chance to express their opinion through a referendum. Nawrocki stated that a resident with a printing business in Roseville requested the City Manager consider allowing her 2,500 square feet of office space in the new liquor store, but he did not return her call. There should be follow up to see if her needs could be accommodated. Fehst stated that he had returned the call and left a message for her. Because of the space restraint, there would not be room at the liquor store. Williams asked if we received any block grant money for this demolition. Hansen stated that we did not, as timing was a problem for the site to be ready by June. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-62, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-62, for the removal/abatement of hazardous materials and removal-demolition of three (3) structures located at 4940, 4946 and 4952 Central Avenue, Municipal Project #0751, to Rachel Contracting of Maple C3rove, Minnesota, based upan their low, qualified, responsible total bid in the amount of $49,676.00 uTith funds to be appropriated from Fund 436-50751-51 l0; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement far the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Mayor Peterson, aye. 4ayes - 1 abstention. Motion carried. -~s- City Council Minutes April 23, ?007 Page I2 of 14 RESOLUTION NO. 2007-62 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE REMOVALIABATEMENT OF HAZARDOUS MATERIALS AND REMOVALiDEMOLITION OF BUILDINGS at 4940, 494b, & 4952 CENTRAL AVENUE TO RACHEL CONSTRUCTION. WHEREAS, pursuant to an advertisement for bids for City Project No. 0751, Removal/Abatement of Hazardous Materials and RemovallDemolition of 3 Buildings, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Total Rachel Contracting $49,676.00 Veit & Company $51,276.00 Frattalone Companies, Inc. $56,435.00 Landwehr Construction, Inc. $Sb,570.00 Carl Bolander & Sons Co. $64,917.00 Buberl Recycling and Composting, Inc. $68,732.00 Belair $? 1,500.00 Semple Excavating $74,370.00 WHEREAS, it appears that Rachel Contracting, 10900 89`h Avenue, Maple Grove, Minnesota 55369 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Rachel Construction in the name of the City of Columbia Heights, for the Removal /Abatement of Hazardous Materials and Removal/Dernolition of 3 Buildings, City Project No. 0751, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project #0751 shall be funded with Liquor Store Funds, Fund 436-50751-5110. D) Other Business Nawrocki read a letter he wrote to Senator Chaudhary and Representative Laine requesting legislation to require a referendum for the extension of the Central Avenue TIF district. Peterson asked how the letter was written. Nawrocki stated on city letterhead. Peterson indicated that went against Councilmember Diehm's motion at a past council meeting that was thoroughly discussed and approved on a 4-1 vote. Staff direction was to pursue legislation. Peterson stated his opinion that Nawrocki was out of order and against what the council and our community desires. This should not have been done as a Councilmember, only as a citizen, or what would be the purpose to take a vote. Fehst stated he drafted a letter for Councihnembers to sign to refute Councilmember Nawrocki's letter, based on past council action to support this legislation. He stated he spoke to Senator Chaudhary and the Community Development Director spoke to Representative Laine on the issue. I{elzenberg stated that he was offended that Councilmember Nawrocki would try and circumvent the Council's majority vote and he asked the City Attorney if this violated any rule. Hoeft stated that unless the Councilmember was ,given authority that he was not aware of, it should not have been done. Fehst indicated that during the discussson it was clearly stated that council members had the right as a citizen to send a Ietter if they wished. Nawrocki stated that it was ludicrous that he could not represent his opinion as a Councilmember on letterhead and gave no apologies for expressing his opinion. Fehst stated that the code violated was - 17 - City Council Minutes April 23, 2UU7 Page 13 of 14 that of your peers. Nawrocki stated that he was wrong. Peterson requested the City Attorney look at this. This seems wrong. If there is such a thing as council censor of Mr. Nawrocki, he would pursue that action and take a vote on it. Peterson stated he was also personally offended by this action. He stated that Diehm had made the motion and reiterated it several times. Diehm stated her disappointment, because she likens council as being a member of a team. We do not always get our own way and some times as a body we vote in a way that you do not personally agree with. However, we have taken an oath to be part of the team and to do what we can for the betterment of the city. She indicated that more important than her personal view is for the body to show a united front to our legislators. The reason. for this particular motion, that Council adopted, was to move forward with a united voice and if anyone had a descending view they would represent that as a citizen and not on behalf of the City of Columbia Heights. Nawrocki stated that when checking that, the City Attorney should check the City Manager's accusation against him that he has done something wrong and was going to the State Auditor. Peterson stated that was not the current discussion. The City Attorney stated he had nothing to report. Nawrocki indicated he was talking about it (State Auditor). Nawrocki requested also be brought up: the Mayor's threat against him, the relationship between Williams and Nedegaard, and that our City Attorney represented the Sarna people in the give away of the land at 40`t' and University. Peterson called for a five minute recess. Peterson reconvened the meeting. Fehst reported that the Wednesday cut off of the council meeting replay was a programming bump by the Mayor's report. We used to have a full time employee to do this. Now we do it and mistakes happen. He encouraged residents to call if they see problems. Diehm suggested listing replay times at the council meeting. Fehst stated that could be report at each meeting. Nawrocki began to report items he considered unfinished for the City Manager's report. Peterson stated that most of these items have been brought up in the past and should be addressed directly to the City Manager. When he reports at a meeting, it should be new items he reports on. Nawrocki indicated that questions to the Manager are for openness in government. Diehm suggested that as council packets are received on Fridays to prepare for the weekend, it would be fair to submit our questions to the City Manager and attorney by the Friday before if we expect them to answer at the meeting. Nawrocki stated these are things that were asked at previous meetings and not reported on. Nawrocki requested recycling revenue received from contractor. Fehst stated that information was submitted. Nawrocki stated that the information was only for one year, and he requested past years for comparison to see if revenues are keeping up with increases in prices. He also asked about 4241-4255, 4301 3'`~ Street building fronts, and that he only received some pictures from the Building Official indicating they meet code. Fehst stated the answer is that it does meet city code. Nawrocki stated that we should look to ehange the code to improve things in the eoTmmunity. The pictures show there is raom for improvement. Peterson stated that the question was answered. Fehst explained the type of - 18 - City Council Minutes April 23, 2aa7 Page 14 of I4 wood usede Discussion escalated. Peterson indicated that the meeting had degenerated to the point he would eliminate Council Corner. Peterson requested everyone show their appreciation to our armed forces far the work they do for us. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:40 p.m. Patricia Muscovitz CMC Deputy City Clerk/Council Secretary - 19 - ~~~~ OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS PUBLIC IMPROVEMENT HEARING APRIL 23, 2007 ESE ~~~~~~E~ ~~~~ ~~ ~,~ BEES ~~p~pVED• The following are the minutes of the Public improvement Hearing oT the City Council held at b:30 p.m. on Monday, April 23, 2007 in the City Council Chamber, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL Mayor Peterson called the meeting to order at 6:40 p.m. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PUBLIC HEARING: IMPROVEMENTS FOR 2007 SEAL COAT PROGRAM - PROJECT 0701 Street Rehabilitation Projects 1 } Presentation of Information on Seal Coat Project by Staff Kevin Hansen, Public Works Director, indicated that the specification was changed this year to a different type of rock, like that used by New Brighton. The bid was awarded with that type of trap rock. Nawrocki questioned if the rock would be smaller. Hansen stated it would be smaller and stated the advantages to this type of rock. He indicated that he met with MNDot and found that last year the contractor applied too much rock and not enough oil. Nawrocki stated that on 42 '/z Avenue the coating was not uniform. Hansen stated that some of that fades over time. Nawrocki asked if the boulevards would be cleaned up. Hansen stated that the streets have been swept and residents have been cieaiung their own boulevards. Hansen stated that he has met with the resident concerned with last year's seal coating. 2) Questions and Comments on Seal Coat Project Mayor Peterson opened the public hearing for comment. There were no questions. Close the Public Hearing/Consideration of Resolution Motion by Williams, second by Kelzenberg to close the Public Hearing on the 2007 Seal Coat Project # 0701 and to waive the reading of Resolution No. 2007-5~, there being ample copies available for the public. Motion by Nawrocki to amend, since the budget includes the engineering costs that should not be included in the assessment. Hansen stated that is not included in the seal coat process; we do not include our time. Nawrocki withdrew his motion. Mohan by Williams, second by Kelzenberg, to adopt Resolution No. 2007-58, which Orders the Improvements far Zane 7 Seal Coat. Upon vote: Ali ayes. Motion carried. -ZO- RESOLUTION Ivo. Zaa7-ss BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR ZONE 7 SEAL COATING CITY PROJECT 0701 WHEREAS, pursuant to Resolution 2007-5 1, adopted by the City Council on March 26`", 2007, fixed a date for a Council hearing on the proposed improvements in the area bounded by California Street on the west, 37`" Avenue on the south, Central Avenue on the east, and 4v`" Avenue on the noriii, aioiig witii the area bounded by iviain S«eet v,i the west, 40°i Avenue on the south, University Avenue on the east, and 45`" Avenue on the north. AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 23"~ day of April, 2007, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions, NOW THEREFORE BE [T RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: ~"a Street 40 Avenue to 43`a Avenue and 44`" Avenue to 45`" Avenue 2 %i Street 44a' Avenue to 45`" Avenue 3`a Street 40`" Avenue to 45`" Avenue Lookout Place Summit Street to Alley 5`" Street 37`" Avenue to 38a' Avenue Madison Street 37a' Avenue to 38`" Avenue 38a' Avenue 5`" Street to East of Madison Place 38a' Place Madison Street to Dead-end Summit Street Lookout Place to 4U`" Avenue 39`" Avenue Main Street to 2"a Street 41 S` Avenue Main Street to 3`a Street 42"a Avenue Main Street to 2"`' Street 43`a Avenue Main Street to 2"a Street 45`" Avenue Main Street to East of 3`a Street Work includes spot concrete curb and gutter replacement, edge milling, bituminous surface patching and seal coat application. 2. Such improvement is necessary, cost-effective and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 26`" day of March, 2007. 4. These improvements shall also be known as Project No. 0701 and PIR: 2007-Z7-O1-001 and 2007-Z7-01-002. 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications far the making of such improvement. ADJOURNMENT Mayor Peterson adjourned the meeting at 6:45 p.m. Patricia Muscovitz CMC Deputy City Clerk/Cauncil Secretary -~- 21 _ !~~- C~. OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, JANUARY IS, 2047 7:00 P.M. GAUVITTE ROOM MURZYN HALL Call to Order The meeting was called to order by President Mike Hanel at 7:11 p.m. Roll Call Members present: Bob Bubaltz, Barb Certsema, Mike Hanel, Jim Johnson, Nancy King, Carolyn l.aine, Mike Patiuk, Lori Ritzko Members absent and excused: Katy Korday, Joseph Sturdevant, Dan Vogtman Members absent and unexcused: Scott Kyseth, Joe Sturdevant (Jr.) Council Liaison far 2007, Tami-Ericson Diehm, was present. Carole Blowers, Recording Secretary was present. Jim Hoeft, City Attorney, was not present. Approval of Minutes of October 19, 2006: One page 3, the word "spurn" should be "spur", and on page 4, the word "hour" should be "house". With these corrections noted, motion by Commissioner Patiuk, seconded by Commissioner King, to approve the minutes for the October 20, 2006, meeting. Motion passed unanimously. It should be noted that the minutes of the September I6, 2006, and the August 26, 2006, sub-committee meetings were also provided for the entire commission in the mailing of tonight's meeting. Election of Officers President Hanel asked commissioners for nominations for President. Motion by Commissioner Patiuk to nominate Commissioner Hanel far President. Nominations for President were called for again. There being no fitrther nominations, Commissioner Hanel was elected President for 2007 via a white ballot. President Hanel called for nominations for Vice President. Motion by Commissioner Patiuk to nominate Commissioner Johnson. Commissioner Johnson declined the nomination. Nominations for Vice President were called for again by President Hanel, who noted that Commissioner Vogtman asked (via e- mail due to his absence tonight} that Joe Sturdevant (Jr.} be nominated. Nominations far Vice President were called for again. There being no further nominations, Jae Sturdevant (Jr.) was elected Vice President for 2007 via a white ballot. President Hartei asked for nominations for Secretary. Motion by Commissioner Leine to nominate Commissioner King. President Hertel again called for nominations for Secretary. There being no further Charter Commission January ~, 2007 Page 1 nominations, Nancy King was elected Secretary for 2007 via a white ballot. Therefore, officers for 2007 are: President Mike Hartel Vice President Joe Sturdevant, Jr. Secretary Nancy King Correspondence The Recording Secretary advised the following correspondence took place since the last meeting in October of 2006: Numerous e-mails were sent to commission members throughout the past three months regarding the proposed charter change, progress of the ballot wording, communication to the public, taping and showing of the October public informational meeting, results of work session and regular city council meetings dealing with this issue, results of the election, etc. Also numerous e-mails were sent and many calls were made to various printers regarding the insert we did. • Numerous council letters were prepared for work sessions and city council meetings regarding the proposed amendment. • Several e-mails were sent to the Northeaster regarding our insert and quarter page ad about the October meeting. • Numerous e-mails were sent to the sub-committee members, the President, the City Attorney, and other city staff members throughout the process. • Received November e-mail from Nicole Druckrey advising of her resignation due to her moving out of state. • A thank you letter was sent to Nicole Druckrey for her years of service • A letter was sent to the Chief Judge advising him of Nicole's resignation; we now have t~vo vacancies on the commission. An e-mail was received from Dan Vogtman requesting an excused absence for tonight and giving his nominations for officers for 2007. Status of Membership With the resignation of Commissioner Druckrey (who moved out of state), the Charter Commission has two vacancies. Slips were passed out to members to verify their current phone and e-mail addresses for the Recording Secretary. Old Business Commissioner Johnson wished to discuss the results of the Charter Commission November ballot question. He stated that he felt adding the two at-large councilmembers at large is what killed the passing of this amendment. We should have just went with dividing the city into four wards. J=1Ie stated that reviewing the 2004 election and census data, more of our citizens voted for their neighbor. Commissioner Patiuk stated that maybe if the charter amendment had been presented as two separate issues instead of one, it may have passed. 1=Ie stated that the sub-committee worked hard to get the information out to the citizens, keeping in mind it had to be neutral and approved by the City Attorney. If Charter Commission January ~, 2007 Page 2 we are going to work on this issue again in the future, we should figure out haw we are going to present this information to the public. The Charter Commission sub-committee had to remain neutral in the information distributed. The City Manager had changed some wording at the last moment in the "cons" area of the information the subcommittee put together to go out to the public, which the City Attorney approved. The City was kind enough to provide paper and the copy machine to produce the insert in the newspaper we did. The City Council is different-they don't have to be neutral. Commissioner Laine asked if the $1,500 allowed by state statutes was enough, or if she should work on advocating more? President Hartel stated that we did get the information out without using the entire $1,500. The intent was to get the information out to every person via mail, as not everyone has cable. We do not want to start on this issue again soon, as we don't want to hold a special election. Commis- sioner Patiuk stated that we need to know how much money to do this issue. Commissioner Buboltz stated he, too, felt that the two additional councilmembers probably killed the amendment. Commissioner King stated that the comment made about residents voting for their neighbors is just a guess. Commissioner Johnson stated that most people voted east of Central Avenue. Commissioner Johnson stated that the city went from nine precincts to eight precincts, and we are 3.5 square miles large. We also have three liquor stores, which is one per square mile. President Hartel stated that the commission members should look over the Charter as a whole. He has been approached about changing the Mayor's term from two years to four years. It was also brought up about the council's pension and benefits. President Hartel stated he did not think we should continue this discussion right now, but maybe later in the year. Commissioner Ritzko asked how we could poll the citizens about this issue. Suggestions were to put it on Channel 2, the government channel, our website, a mailing, or have residents call into a specif c phone number at city hall. Commissioner Johnson asked what were the results by precinct on the ballot question. Councilrnember Dielun stated she thought that information was on ot~r website. New Business 2006 Annual Report Motion by Commissioner Buboltz, seconded by Commissioner Johnson to approve the 2006 Charter Commission Annual Report as presented. The Recording Secretary will forward a copy to the Chief .fudge and City Clerk. Annual BoardlCommission Dinner The annual board./commission recognition dinner will be held on Thursday, March 29, 2007, at Murzyn Hall. Members who were at the meeting tonight were given their invitations. Invitations to those members not present tonight will be mailed. l`dext lb;leeting )date The nest regular Charter Commission meeting date is April 19, 2007, at 7 p.tn. at Murzyn Hail. Again, Charter Commission 3anuar}~ 1?~, '007 Fage 3 President Hartel asked commissioners to review the entire charter for changes or any questions. Cauncilmember Diehm stated that the City Attorney at one time had a chart indicating what sections of the City Charter are overridden by state statutes. The Recording Secretary will find this chart, ask the City Attorney to update it, and provide it to members. Other Councilmember Diehm was asked about the open space on 47`" and Central and the open space next to Heights Theater (former Burger King site). She responded that at 47`" and Central, the Metropolitan Council has provided the city with funding for parking lots and a potential restaurant like Panera Bread. The Heights Theater owner is interested in possibly putting up a restaurant or pizza place. Adjournment Motion by Commissioner Patiuk, seconded by Commissioner Ritzko, to adjourn the meeting at 7:45 p.m. Respectfully submitted, Carole 3. Blowers, ,~ Recording Secretary Charter Commission 3anuary f~, 2007 Page 4 5I~.2 HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF JANUARY 23, 2007 Call to Order -The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Tammera Diehm at 7:33 p.m., January 23, 2007, in the Parkview Villa Community Room B, 965 40"' Avenue NE, Columbia Heights, Minnesota OATH OF OFFICE Jindra administered the Oath of Office for Diehm, Kelzenberg, and Ecklund Jr. Roll Call- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., Patricia Jindra, and Bruce Kelzenberg Pledge of Allegiance CONSENT AGENDA ELECTION OF OFFICERS The current officers are Tammera Diehm-Chair, Bobby Williams-Vice Chair and Patricia Jindra-Secretary/Treasurer. Motion by Kelzenberg, second by Ecklund Jr, to nominate the same officers. All ayes. Motion Carried. Approval of Minutes and Financial Report for the months of October, November and December 2006, Resolution 2007-01. Nawrocki stated on the minutes of October 24, 2006 the first page states October and the following pages say April 25, 2006. Diehm directed staff to make the change. Nawrocki stated it /oaks like on both the north and south buildings net results, there is a reduction in the cash balance carryover, even though the rental income has increased each year. Is this correct. Lindig stated in looking at the cash balance of December 31, 2005, which was $82, 811 and one year later it was $51, 271, which is decrease of $31, 540. Keep in mind they did transfer $58, 016 out of Parkview Villa North to the Cities investment pool to invest it on behalf of Parkview Villa North. So absent that transfer we actually generated about $27,000 in positive cash flow. Motion by Williams, second by Nawrocki, to approve the Minutes and Adopt Resolution 2007-01, approving the Financial Report for the months of October, November and December 2006. Motion Carried. HRA RESOLUTION 2007-01 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA} APPROVING THE FINANCIAL STATEMENT FOR OCTOBER, NOVEMBER AND DECEMBER OF 2006 AND PAYMENT OF BILLS FOR THE MONTHS OF OCTOBER, NOVEMBER AND DECEMBER OF BOOS. -26- Housing & Redevelopment Authority Minutes January 23, ?007 Page 2 of 6 WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the HRA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the HRA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of October, November, December of 2006 and the list of bills for the months of October, November, December of 2006 are attached hereto and made a part of this resolution; and WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Housing & Redevelopment Authority. Passed this 23 day of January, 2007. MOTION BY: Williams SECONDED BY: Nawrocki All Ayes NAYS: None Attest by: BUSINESS ITEMS Report of Management Company Gravemann stated he provided copies of the management report for the past three months and as requested at the last meeting, there is also a breakdown of the costs associated with apartment turns. Diehm asked Gravemann if there was anything exciting that happened over the past few months that he would tike to tell them about. Gravemann stated they finished the 7rn floor modernization and are requesting the fire doors be replaced on tonight's agenda. Ecklund stated the board asked him to talked to the residents about internaf move fees and they voted at the resident council meeting to recommend $250 for the first move and $400 thereafter. fVawrocki stated on that particular item he read the sheet and thinks it's a tittle bit petty to support the position of the management off, the cost, some of these casts are already Housing & Redevelopment Authority Minutes January 23, ?007 Page 3 of 6 incurred, you don't hire any more or less people in the office, you have the manager and maintenance manager. The point I made at the last meeting was in terms of a new unit. Whether it is somebody moving from someplace else in the building or someone from outside, there is no extra cost, just costs for general wear and tear. If the internal move has anything beyond normal wear and tear that should come out of there damage deposit. The $250 amount previously mentioned would be sort of a compromise and we should act on it. Ecklund stated he and Gravemann have talked about this issue and determined the resident usually knows when they are going to move and would try to clean up their unit before they move. Diehm asked Gravemann how many internal moves they have had in the last year. Gravemann stated he believed it was approximately four. Fehst stated one fault that he finds in Mr. Nawrocki's statement is that the staff is sitting around doing nothing, is that right. Nawrocki stated that was his interpretation, he tries to delight himself and take hits at him, and was glad to see he found something to amuse himself during these meetings. Fehst stated he was sorry. He appreciates what Nawrocki was saying. It is just that there is a cost for everything, government isn't free, and he understood that he doesn't want residents to pay too much, but, maintenance staff here has plenty of stuff to do. Diehm stated we should put this on our next agenda, as that is the normal procedure or we could consider a motion tonight if that is the pleasure of the body. Motion by Nawrocki, second by Jindra, to waive the cost of moving internally as the costs are the same as what they are for someone moving into the building. Upon Vote: Nawrocki-aye, Jindra-aye, Williams-nay, Diehm-nay, Kelzenberg-nay, Ecklund Jr.-nay. Motion fails. Jindra stated when this was first brought up there was one resident moving four times, within a short period of time. Diehm stated the resident council recommendation would make sense. Williams stated he voted against Nawracki's motion, as he would make a counter motion to ga with the recommendation of the resident council. Motion by Williams, second Kelzenberg, to approve the recommendation tram the resident counci! revising the Internal Move Policy to read a maximum of $2~0 far the first move, and up to $400 far the ascend. All ayes. otion Carried. Nawrocki stated he asked at previous meetings to be involved with the screening of the new manager and he wasn't involved. _ ~& _ Housing & Redevelopment Authority Minutes January 23, ?007 Page 4 of 6 Diehm stated Jindra and her were involved with the screening process and they asked questions an how he would react to certain situations, customer service skills, his background with HUD buildings and form processing. Bruce is what you are asking is for Gravemann to tell us a little about himself? Nawrocki stated he would like that. Gravemann stated he has experience with Section 42, low income housing from the ground up, has experience with managing, both with the lease up phase as well as the undertaking of preparing the tax credits for that building. This means, in order for someone to move in under fax credits in section 42, they have to meet certain qualifications, verify income and other qualifications such as home keeping, house cleaning. He had approximately 80 units under section 42, all with senior housing, also managed an additional 742 units of multi family under section 42 as well. Prior to that he was assistant manager fora 500 unit, luxury apartments, rented to whoever qualifies. Nawrocki asked what section 42 was. Gravemann stated it is similar to public housing, but it isn't income based. It is a type of apartment complex where investors will build a community of low income, housing apartment complex, fhey receive tax credits for 70 years of the loan of the property, buf can only rent to individuals that are at or below the area median income, for the number of people in their household. In Minnesota it is called MHFA. Nawrocki asked about the bingo held there. Ecklund stated the resident council started having them report each month at their meeting what funds they receive and where the funds will be donated. Nawrocki stated the 9t" floor was also discussed at the last meeting. What is the current status of the water leaks. He was concerned about this as the tenant in the unit below has some sighf problems. Gravemann stated the problem has been rectified and any mold abatement issues have been corrected. Diehm stated they could not discuss this further as there maybe someone here tonight that is involved. This is something management needs to handle for us privately. If you have any further questions you may want to contact Bob Alsop, the attorney for Parkview. Fehst asked Ecklund if he felt management has handled this issue. Ecklund stated they have. -2s- Housing & Redevelopment Authority Minutes January 23, 2007 Page 5 of 6 Resident Council Minutes Jindra asked if there were any questions about the two reports and stated the information about bingo funds was in her minutes. Diehm asked what does the Sunshine Committee do. Jindra stated they provide cards to residents when they go into the hospital. Citizen Forum Ecklund stated he would like to have something put on the next agenda to have someone put a snake down all the drains in the apartments that they haven't already cleaned out. Nawrocki stated he thought we already dealt with this. Terry Bushe stated we did have a problem on the first floor, the pipes were buried behind the sheetrock, which made them hard to find, Phis was cleaned out, he has been in contact with residents on the first and second floors. When we have unit move outs, he cleans out the drains. He also thanked the residents for there help in reporting any maintenance work needed in their apartment as it is easier to fix the problem before it happens. Fehst stated he wanted to commend Bushe as he has received a lot of good comments from residents about the work that he does. Ecklund asked if the sidewalk could be cleaned off a little better next to the mall as a lot of residents walk over there. Fehst stated he would talk to public works to see what they can do. Fire Doar Replacement in North Building Gravemann stated staff consulted the Fire Chief and Building Inspector from the City and it was their recommendation that all fire doors be replaced in the north building, which would bring them up to current fire codes. Staff obtained bids from three companies: K ~ K Sales in the amount of $18, 719.96, Twin City Hardware in the amount of $22,378.99 and Empire Door and Glass in the amount of $30, 590.00. All of the bids included installation, removal of debris and cleanup of hallways. The total number of doers to be replaced will be 19; 17 internal doors and 2 external. Staff recammends approval of the bid from K & K Sales in an amount not to exceed $18, 719.96. Nawrocki asked if the bid from K & K rr~et the specifications cornpletefy. Gravemann stated they meet the state fire codes. Nawracki stated he didn't see anywhere in the bid that it meets state fire cede and what are the specifications of the door: Diehm stated what Nawracki is asking is that he wants to see the specs far the doers to make sure they are up to cede and he isn't seeing that in the packet. Streeter stated we could have the building official and the Fire Chief inspect the doors, which would satisfy this question. - 30 - Housing & Redevelopment Authariry Minutes January 23, 2007 Page 6 of 6 Nawrocki stated he isn't an expert, he assumes when we go out for a bid we have a spec sheet, a level of quality, are we asking them to meet fire code. For instance, the highest bidders bid states they aren't providing the painting, and staining for the doors. Bushe stated those are items we felt we could do in house. He isn't sure if Nawrocki was concerned for the type of handles on the door, but the handles have to meet a 3 hour burn time. The manufacturer has to meet the State and Federal specifications, they have to go through these tests and then there will be an approved sticker on the door. Dorothy Schafer, Unit 425, asked if they would have the same kind of locks on the sliding doors. Gravemann stated yes the cards would be used. Jindra stated she heard the Schwan's man can just put his hand in fronf of the door and it opens. Bush stated the main door had an issue and that the door has been repaired. Gravemann stated the repairman said there was something fn the mechanism that was malfunctioning, which has been repaired. Motion by Jindra, second by Kelzenberg, to approve the bid from K & K Sales not to exceed $18,719.96, submit to approval by the Fire Chief and Building Inspector, and furthermore; to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Other Business The next regular HRA meeting will be held Tuesday, April 24, 2007 at Parkview Villa. Adjournment Chair, Diehm adjourned the meeting at 8:31p.m. Respectfully submitted, ~ ~....- Cheryl kken Recording Secretary H:\HRAMinutes 200711-23-2007 31 - ~~~,..C HOUSING & REDEVELOPMENT AUTHORITY SPECIAL MEETING MINUTES MARCH 27, 2007 Call to Order/Roll Call Chair, Tammera Diehm called the meeting to order at 6:37 p.m. Present- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr Patricia Jindra, and Bruce Kelzenberg Pledge of Allegiance Nawrocki stated for special meetings he would like it noted thaf it is a courtesy to contact members to see when is the best time far them to come to a special meeting. Business Item Resolution 2007-02, 2007 Management Assessment for Public Housing Agencies Todd Klein, Walker Eldercare stated what you have before you is a resolution approving the MASS form which is required to HUD every two years. This form includes vacancy rates, unit turn aver times, rent collected, work orders and annual inspections of units. !t must be approved by Resolution and a hard copy sent to the local field office. !t must also be submitted to HUD electronically by the Executive Director for the REAC System. Nawrocki stated he noticed the document was due Februar,~ 28th. Klein stated by the time they received the notice that we missed the submittal date, the HRA meeting was already over and HUD has said that we may have a 9 % penalty for a late submittal. Streetar stated he talked to Lucy Beckwell at HUD who stated we could approve it tonight, submit it and we would not be penalized. Ecklund Jr. asked how the work order calendar days works. Klein stated it is for a two year period, assuming an average of two and one half days for each workorder. Jindra stated on page 4, line item S 911 QO the total number of evictions, isn't filled in. Diehm stated there hasn't been any so she recommended staff fill that line item in with a no before submitting it. Motion by Kelzenberg, second by Jindra, to Adopt Resolution 2007-02, a Resolution of the Columbia Heights Housing & Redevelopment Authority confirming approval of the management Assessment for Public Housing Agencies Certification for 2007, with the amendment to page 4, line S11100 as listed above; and furthermore to direct the Executive Director to forward same to the U.S. Department of Housing and Urban Development. Ail ayes. Motion Carried. HRA RESOLUTION 2007-02 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHOR}TY CONFIRMING AP}'ROVAL OF THE MANAGEMENT ASSESSMENT FOR PUBL}C HOUSING AGENCIES CERT}F}CATION FOR 2007. WHE}LEAS, 't"he Department of the Housing and Urban Development regwres that PubCic Housing Agencies submit the Management Assessment far Public Housing Certification fcrr 2007; and -32- Housing & Redevelopment Authority Minutes March 27, ?007 Page 2 of 2 WHEREAS, such Certification also requires the formal approva} of the Board of Commissioners; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing ~ Redevelopment Authority that the attached the Management Assessment for Public Housing Certification for ?007 and the necessary attachments are hereby approved. ADOPTED THIS 27t1~ day of March ?007. MOTION BY: Kelzenberg SECONDED BY: Jindra Al! Ayes Adjournment Motion by Williams, second by Ecklund Jr., to adjourn the meeting at 6:46 p.m. All ayes. Motion Carried. Respectfuli submitted, Che akken Recording Secretary H:U~tRAMinutes 200713-27-2007 Spec. - 3 3 - ~,~z~ ~- ~ ~~ - COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES Apri13, 2007 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Nancy Hoium, Patricia Sowada, Bruce Kelzenberg, Lynette Thomson and Becky Loader. Catherine Vesley was absent. It was moved, seconded, and passed to approve the minutes of the March 6, 2007, Board meeting as mailed. Bill list dated 3/26/07, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 4/9/07, was reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. Old Business• 1. Work session with the City Council has been rescheduled for April 30, at 7:00 p.m. Tom Sherohman and Barbara Miller will meet with the Council at that time. 2. Staffing update was provided. Ramon Gomez, Library Clerk, began work on March 26. Library Supervisor, Gladys Kirn, started her training on Apri12. . Update on Integrated Library System (II.S). a. Collection notices were mailed out on March 26. These letters were acatch-up from the past 6 months. Judy Soule will be training Jeanine on April 16 using the revised system to produce the notices in house. Notices will be going out on a monthly basis after that. b. ACL has started a "floating collection" with DVD's as a test program. Floating collections are used to even out the collection between library branches. Columbia Heights, after much discussion, will not participate in this program. c. Intemet time restrictions were discussed. The number of people looking for Internet access caused by the limited hours Minneapolis Public Library is open and recent problems with behavior issues due to long waits and over-crowding has created a serious situation. It was moved, seconded, and passed to limit Intemet usage to one hour per day per library card. Details of implementation will be worked out by staff. Netiv Business• 1. The needs assessment information that accompanied the Technology Plan for 2008-2011 was reviewed. It was moved, seconded, and passed to approve the Technology Plan for 2008-2011 as presented. -34- 2. The reception to meet Congressman Ellison has been cancelled. 3. Strategic planning meeting for ACL will he held on May 4, 2007. Barbara Miller will attend the meeting in place of Becky. 4. Thank you letter to the Friends for the gifts they gave the library was reviewed. ~. Information about Electronic Library for Minnesota (ELM), which are the online databases available for patrons, and their costs were reviewed. 6. Policy review items were tabled at this time. 7. The date of the May Library Board meeting was changed. The Board will meet on Tuesday, May 8, at ?:00 p.m. Nancy Hoium will not be able to attend that evening. 8. The Columbia Heights Jamboree parade will take place on June 22. The Board voted to once again participate in the event. Patricia Sowada will not be available to participate. 4. Becky, Barb, the City Manager, and the Mayor will schedule a meeting with Senator Chaudhary concerning library services. There being no further business the meeting was adjourned at 8:15 p.m. Respectfully submitted, ---1 Jeanine Schmidt Secretary to the Library Board of Trustees. T7ie 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 -35- I'HE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, APRIL 19, 2007 The meeting was called to order at 7:00 n.m. by Dennis Stroik. Chairnerson. ROLL CALL: Members Present: Excused Members: Unexcused Members Council. Representative: City Representative: Legal Counsel: APPROVAL OF MINUTES ~~.~ .~ t-'C; ~ ``~ ~ Demos Stroik, Robert Peltier, and Reuben Ruen (arrived 7:30 pm). Dan Swee and Bob Bubaltz Brad Peterson and Ken Henke Bnice Nawrocki Linda Magee Steve Guzzetta The minutes could not be approved due to lack of quorum. OLD BUSINESS A. Channel Check Everything checked out fine with the exception of Channel 27 FSN's programming not coming through on our set. This has been the case for several months now so Linda will call to arrange a service call to check out the receiver. B. Correspondence Log and Follow Up on Complaints Staff had not received any new complaints. C. Status of Franchise Renewal Guzzetta reported that the City is still waiting for a response regarding how Comcast proposes to meet the City's PEG access needs and interests. Comcast had indicated that Channel 6 may be interested in moving from their Minneapolis location to the Columbia Heights Studio, and would allow the public to continue using the facility. But after checking into that option, it was discovered that they have a lease unti12010 at their present location, so that option will not work. The Blaine Studio is the closest studio site, and that doesn't meet the city's needs. Guzzetta stated that Comcast has until Monday, April 23`a to provide a detailed proposal of hovv they intend to meet the City's PEG access needs and interests. The conmussioners felt strongly about the need for studio space and equipment to use for public access programming. 36 - TELECOMMUNICATIONS COMMISSION MINUTES APRIL 19, ?007 PAGE 2 D. Other Old Business No other old business. NEW BUSINESS A. Receipt of Annual Report The Annual Report was enclosed in the packets. Katlu Donnelly-Cohen wasn't present to answer questions. Since there wasn't a quorum, the report couldn't be accepted at this meeting. The commissioners present commented on a few items in the report they found interesting. B. Notice that Bloomberg Television is moving to Digital Classic Bloomberg Television moved from the Sports Entertainment Package to the Digital Classic level of service effective March 27, ?007. More subscribers will. receive this programming due to this change. C. Notice to Customers Regarding MLB Extra Ilznillgs Service Due to a recent decision by Major League Baseball, Comcast can no longer offer MLB Extra Inynings beginning with the ?007 baseball season. Any subscriber who previously had this service was offered aone-time $~0 credit toward MLB.TV, a web site where they can subscribe to watch any ?007 regular season, out of market game, on the computer. This credit would help offset the cost of this MLB.TV Internet service. D. Other New Business No other new business. REPORTS A. Report of Corrunissioners Education- Nothing to report Library- Nothing to report Public-Nothing to report Government-Nothing to report B. Report of Comcast- The reports were included in the agenda packets for tl~e commissioners to review. -37- TELECOMMUNICATIONS COMMISSION MINUTES MEETING OF APRIL 19, 2007 PAGE 3 C. Report of Cable Attonley Guzzetta reviewed the FCC's Order and Rules regarding competitive entrance into the cable market and what possible affects it could have to the City and its franchise. The Rules become effective 30 days after publication, which means that some of them will be effective Apri120, 2007. He noted the deadline for filing comments is April 20, 2007. He reported that comments have been filed on behalf of many of lus clients. Guzzetta explained that the new Order is supposed to apply to new entrants into the market and that it was lobbied for by companies who claim that cities are slowing the process down, and therefore, prohibiting competition. Companies that already have use of the right of ways can submit an application to provide cable services and the city will have 90 days to approve the application. If they don't already have use of the right of way s then the city would have 180 days to process the application. During this review time, the companies would have interim rights to set their equipment in the right of ways. Allowing placement of the equipment in the right of ways prior to approvuig a franchise creates potential legal problems and restricts the city's authority. Companies now offering service could operate under the same rules as the new entrants when their franchises are renewed. The order also says that build-ozrt requirements constitutes a barrier that is determined to be too costly and unreasonable, so new companies will be allowed to select the areas they choose to offer service to. However, in Minnesota we have regulations that ensure an "equal playing field", so this may not be allowed because the Order cannot pre-empt State law. Guzzetta also reviewed the changes to how PEG fees and Franchise Fees are calculated and haw Columbia Heights could be affected. This Order and Ruling is not a good thing for cities as it takes away their rights. Lawsuits have been filed in various Appellant Courts with hopes to stay the Rules as ordered until the case is heard based on the complaint that they have overstepped their authority. He will keep the commission apprised of any developments. The meeting Naas adjourned at %: 45 pnz. All ayes. Respectfully submitted, Shelley Hanson Secretary - 3 8 - f/~~ r., LJ I L.~ ~~~I . PLANNING AND ZONING COMMISSION iii MINUTES OF THE REGULAR MEETING MAY 1, 2007 7:00 PM The meeting was called to order at 7:1 U pm by Chairperson, Marlaine Szurek. Roll Call: Commission Members present- Thompson, Fiorendino, Schmitt, Szurek, and Peterson (who arrived at 7:20 pm.) Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Schmitt, to approve the minattes from the meeting ofApril 3, 200'. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2007-0502 APPLICANT: Swenson's Greenhouse LOCATION: 3427 Central Avenue NE REQUEST: Conditional Use Permit for Seasonal Sales INTRODUCTION James Swenson applied far a Conditional Use Pernlit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section 9.106 (G}(~} of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The attached site plan illustrates the 32'x 60' tent location, which will be located along Central Ave. in front of the Salvation Army store. The principal uses of the subject parcel are pre-existing and legally nonconforming, and comply with zoning regulations. Tlse greenhouse will displace approxmately 12 parking spaces. This will be Swenson's second year operating a temporary greenhouse at this location i11 Columbia Heights. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The property is zoned CBD, Central Business District, in which retail sales are pen~~itted. The Swenson's proposal will impact approximately 12 parking spaces. Overall, the proposed tent will have relatively little impact on the site, as there is currently an abtzndanee of parking spaces and drive aisle access will not be impacted. Please note that the Fire Department leas reviewed the proposal and has no concerns regarding it. 39 - PLANNING 8r, ZONING COMMISSIOl~l MINUTES PAGE 2 MAY 1, ?007 FINDINGS OF FACT Section 9.10 (H) of the Zoning Ordinance outlines 9 conditions that must be rnet in order far the City to grant a conditional use permit. I. The use is one of the conditional uses listed far the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Seasonal agricultural sales is a Conditional Use, and is considered retail sales, which is permitted in the CBD, Central Business District. 2. The use is izi harmony wit1~ the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as greenhouses, is a permitted use in the commercial areas. 3. The use will not impose hazards or disturbing influences on neighboring properties. The outdoor tent and related business proposed will be placed in the westerly portion of the parking lot along Central Ave. The location should not have any detrimental impact on neighboring properties. ~. The use will not substantially dimiiush the use of property in the inunediate vicuuty. The garden center as proposed will have no impact on the use o, f adjacent properties. 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 pzroposed garden center should not negatively impact the existing character of the vicinity. The use and property upon which the use is located are adequately served by essential public facilities and services. Adequate public roadways and necessary utilities currently serve the pzoperty. 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. T1ze traffic gener^ated by the garden center will not sigzzificantdy increase the tz^a~c orz the public streets, and the site is large enough to handle additional interior traff c. 8. The use will not cause negative cumulative effect on other uses in the inunediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity; tivhiclz are zoned far commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located. As detern~uned by staff the use complies with the applicable regulations of the CBD, Central Business District. -4Q - PLANNING ~ ZONING COIvLV1ISSION MINUTES PAGE 3 MAC' 1, 2007 Staff recommends that the Plam~ing Commission recommend the City Council approve the Conditional Use Permit for. seasonal agricultural sales subject to conditions of approval outlined in the motion. Questions from members: Szurek asked what could be done if the tent structure is an eyesore like last year. Sargent explained that staff added some conditions from last year, and more could be added to ensure the appearance is more acceptable. He said that he informed the applicant of the conceals with the structure's appearance and the way it was anchored last year. Sargent suggested that the applicant be given a chance to operate his seasonal greenhouse since last year was his first attempt and he has received input on what he needs to do to make it better. Staff will let him know that he must adhere to the rules or he may not be allowed a 3rd year. Szurek asked if the City could request it be removed if there are any problems. Sargent stated that the City Council could vote to revoke the Conditional Use Permit. Szurek then asked how we would know if the membrane used has a flame spread certification. Sargent stated this is information lie must obtain to satisfy the Fire Dept. prior to setting up the structure. Schmitt asked what time frame he would be operating in since the applicant didn't specify dates in his request. Sargent stated that once approved by the City Council, he would be able to operate for 90 days from the date of deposit. Public Hearing was opened. There was no one present to speak on this issue. Public Hearing was closed. .Motion by Thompson, seconded by Schmitt, that the Planning Conzmissiozz recozaznzezzds the City Council approve the Conditional Use Permit far seasonal agricultuz°al sales at 392? Centz-al tlvezzue NE, subject to certain conditivns of approval that have been found to be necessary to pzrotect the public interest and ensure conzpliazzce with the provisions of the Zozzizzg and Develaprnent Ordinance, including: ] . The Fire Dept. 1~lill require a structure plan indicating the location of the exits and ,fire extingz~isher plczceznenis. 2. The Fire Dept. will require a florae spread certification for the zneznbrane structztire. 3. A $S00 deposit shall be szrbnzitted to the Coznznunity Development Department prior to installation of the stz•uctures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 4. ,411 signage zzzust be done pro~essiazzally. Signage zzzay not be painted directlt~ onto the rzzezzzbrane of the structure. The rnenzbrczne of the structure must be kept tied da~rrn and in gaud repair. .4LL .4 t'ES. 1~i~10TION P.4SSL'D. Tl~e attached. resolution will go to the City Council at~t111e May lath meeting. PLANNING & ZONING COMMISSION MINUTES PAGE 4 MAY 1, 2007 1)T2 AFT RF.Cl1T.TT'TIIIj~T NCI, ?(I(M7_XY RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JAMES SWENSON WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WIiEREAS, a proposal (Case X2007-0502) has been submitted by James Swenson to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3927 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (Ej(3}(g), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 1, 2007; 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 ofthe 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 & property upon which the use is located are adequately served by essential public facilities & 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 regulations for the district in which it is located. 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 ealefxdar,yecn° ai'ter the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACIIED: 1. The Firc Department will require a structure plan indicating fhe location of the exits and fire extingxzisher placements. 2. The Fire Department will require a flame spread certifcation for the membrane structure. 3. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 4. All sigilage must be done professionally. Signage may not be painted directly onto the membrane of the structure. 5. The membrane of the structure must be kept tied down and in good repair. -42- PLANNING & ZONING COMMISSION MINUTES PAGE 5 MAY 1, 2007 CASE NUMBER: 2007-0503 APPLICANT: Oertel Architects/ City of Columbia Heights LOCATION: 4950 Central Avenue REQUEST: Site Plan Approval INTRODUCTION At this time, Oertel Architects is requesting a Site Plan approval to assist the City of Columbia Heights in the construction of a new municipal liquor store, located at 4950 Central Avenue. The City of Columbia Heights owns and operates three muncipal liquor stores in the city and is currently in the process of replacing two stores with brand new facilities. Through the redevelopment process, the proposed store at 4950 Central Avenue will replace the existing La Caberna Restaurant, Central Barber Shop, and the Exotic Pet Store with a new liquor store building. The existing Top Valu Liquor store located in the Rainbow Foods Shopping Center will be vacated. COMPREHENSNE PLAN The Comprehensive Plan guides ilus area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor, while protecting and enhancing adjacent residential uses. The proposed project is consistent with the Comprehensive Plan, as it will redevelop commercial entities into an economically viable and aesthetically pleasing project. ZONING ORDINANCE The property is located in the GB. General Business District, as are the properties to the north, south and east. The properties to the west are zoned R-2B, One and Two Family Residential. The parcel is also located within the Highway District, pertaining to the Design Guidelines and will be subject the regulations for such properties. PARING. The parking requirements for the building are based on different types of uses. The City Code requires a certain number of parkuig stalls far office, retail and storage areas. The proposed building will incorporate a basement level, where deliveries will be made, and storage azid off ce space will be located as well. The City Code requires one parking stall for each 300 square feet of office and retail use. This is based on the gross floor area, defined as 90% of the total area. The proposed liquor store will incorporate approxunately 10,900 square feet of office and retail space. Tlus would require 36 parking stalls for the off ee and retail components. The City Code requires one parknig stall for each 3,000 square feet of warehousing (storage j. The proposed building will have approximately 2,$91 square feet of storage, requiring one paa-king stall. In total, the proposed Liquor store is required to provide 37 off-street parking stalls. The plans indicate that there will be 46 parking stalls on site, This meets the minimum regrtireinents of the Code. -43- PLANNING & ZONING COMMISSION MINUTES PAGE 6 MAY 1, 2007 r nrrr>~~tinn~.T~ fri... n:+__ ~~,a.... ,..___ r__ __.L cn r__~ _r _ ~ ~.____.___ r__ .~-- _ i,r-il~i.v~.,rii ilvv. iuc c.,i~y ~vu~ icgiiircS arc ucc ivi ca~u ~v icc~ ul strec~ uuu~a~c ivi uic ~rajcGi. The proposed liquor store will be located an the corner of 50`i' Street and Central Avenue, with a combined total of approximately 426 feet of street frontage. This requires a minimum of nine bees planted on the site. The City Cade also requires a minimum of four trees to be planted for every one acre of lot are covered by buildings, parking lots, loading areas, etc. The project site is approximately 1.04 acres in size, requiring four additional trees. The total number of trees required for this development is 13. The proposed plans indicate that 16 trees will be planted on site, exceeding the minimum requirement. UTILITIES/STORM WATER MANAGEMENT. The proposed utilities servicing the liquor store have been reviewed by the City Engineer and approved as adequate. In lieu of additional on-site stone water management, the applicants have opted to pay a storm water management fee to the City per City Code, in the amount of $33,750. This would enable the applicant to by-pass any requirement for additional on-site storm water treatment, and will be paid at the time of building permit application. LIGHTING. The City Code requires photometric readings of no greater than 0.5 footcandles (a measure of light intensity} as measured to the closest residentially zoned property, and no greater than 3.0 footcandles as measured at the closest street curb line. The proposed plans indicate a maximum footcandle reading of 0.2 adjacent to the residentially zoned property and a maximum reading of 2.9, as measured at the street curb line. Both of these readings exceed the minimum code requirements. DESIGN GUIDELINES The proposed Liquor store located at 4950 Central Avenue is located within the Design Guideline Overlay District, and is governed by the Highway District standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of rninimtun standards for new construction along Central Avenue and 40`'' Avenue. The minimum standards were created by a task force of Cit}= Officials, business owners and residents, and adopted into the City Code by the City Council. BUILDING PLACEMENT AND ORIENTATION. The Design Guidelines for the Highway District require that dne building should have awell-defined front facade that faces the street. Buildings may be set back a maximtnn of 85 feet from the property line in order to allow for two rows of parking and drive aisles, plus landscaped frontage. The proposed building has its dominant facade facing Central Avenue and is located 56.25 feet from. the front property line. The site plan incorporates ane row of parking, a drive aisle lane alid landscaped frontage in between the building and Central Avenue. The building placennent and orientation on the property meet tlne nninimunn standards of the Design Guidelines. BUILDING HEIGI-IT. Tlne Design Guidelines require a minimum cornice height of 2? feet from grade, in order to convey tlne appearance of a multi-scary building. The prapased liquor store will be 22 foes in height as measured from ground grade. - a4 - PLANNING & ZONING COMMISSION MINUTES PAGE 7 MAY 1, 2007 BUILDING MATERIALS, The Design Guidelines include a specif ed list of acceptable building materials for construction. The proposed liquor store will be comprised of rockface block and brick with varying colors and textures for accent proposes. These are acceptable building materials for new construction along Central Avenue. WIl`s1DOWS. The Design Guidelines require at least 20 percent of the building's ground floor facade to consist of window or door openings, at7d at least 15 percent of any two side or rear facades to consist of uTindow or door openings. The proposed liquor store incorporates approximately 50.5% of windows on the ground floor front facade, arld approximately 25.5% windows far the combined north and west facades. The amount of window coverage for the building meets the Design. Guidelines minimum standards. PARKING LOCATION. The Design Guidelines state that in the Highway District, no more than 50% of the required parking may be located between the front facade of the building and the primary abutting street (Central Avenue). The site incorporates 46 parking stalls, 18 of which are located. between the front facade of the building and Central Avenue. This amounts to 39% of the parking stalls, which meets the minimum requirements of the Design Guidelines. SIGNAGE. At this time, the applicant has not submitted plans for signage to be used on the building. The Design Guidelines prohibit internally lit box signs and also require a momunent style sign if a freestanding sign is used. `vVlzen the applicant submits the final signage plan, it vain be reviewed by the Planning Commission through the site plan approval process. FINDINGS OF FACT Section 9.104 (M) requires that the Planning and Zoiung Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article Z~ie proposed site plan meets all the regzzirenzezzts pertainizzg to setbacks, parking, and public access foz° tl~e district in which it is located Tlie proposed sign plan for the building will be reviewed by the Planning Cozzznzission at a later date. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed project is consistent with the Comprehensive Plan, as it will redevelop cozzzzzzercial entities into an econoizzically viable and aesthetically pleasing project. 3. The site piai~ is consistent with any applicable area plan. There is zzn applicable area plcztz for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed bzilding meets alZ the zzzinizz~raznz setback regzzirezrzenls cxrzd czll Design Grzidelilze requiremezts. For this reasofz, the property itz the immediate vicinity shaulcl not be adversely izzzpacted Staff recommends approval of the site plan for the 4950 Central Avenue dE:,velopment. -45 - PLANNNG & ZONING COIVLMISSION MINUTES PAGE 8 MAY 1, 2007 uestions from members: Szurek asked if the architects had met with the applicant (City Council) to review this plan and get their approval prior to this meeting. She also wondered who is representing the applicants since the City Council, the City Manager and the Architect were not present. She wanted to be sure the City Cotu~cil was satisfied with this plan prior to the Planning & Zoning Commission approving something they may not have seen since the Commission is responsible for the final approval of the site plan, and it does not require City Council approval. Mayor Peterson said the Council saw some preliminary plans as to what would be included on the site. IIe stated that the council body has not met with the architect to review this specific plan, but they have met to go over a general design of the building. He said the site plan approval is a Planning & Zo~~ing issue and is directed by the Design Guidelines. Sargent explained that the only thing the commission is approving at this time is the placement of the building, signage, landscaping and parking for the site. There isn't much flexibility for the placement of the building due to the topography and elevations of the site. What has been submitted meets, or exceeds, the requirements of the Comprehensive Plan, the Zoning Ordinance, and the Design Guidelines. Schmitt stated that one of the requirements of the Comprehensive Plan is to make things more pedestrian friendly. She thought the sidewalk should be wrapped around the comer to run along ~0`h Avenue on the north side of the site. This intersection already has a lot of pedestrian traffic as it is used by students, getting to and from the schools in the area. Sargent explained there is a good chance that a right tum lane will be added to 50t1i Avenue for traffic turning south, and if this happens, there will not be room in the right of way for a sidewalk. There was a discussion whether a sidewalk could be added if it went on the City Liquor Store property, if some of the parking spaces and a couple of trees were eliminated from the submitted plan, as the numbers exceeded the requirements of our code. Sargent stated that the applicant wants as many parking spaces as possible because they are needed on weekends and holidays. He also didn't think the commission could force an applicant to install a public sidewalk on private property. Even though. the City owns the property now, doesn't mean they always will, and it raises legal concerns regarding who would be responsible for any liability issues that may arise. Several of the coininissioners thought the City should be more concerned with pedestrian safety and should set a precedence. Since the Lack of sidewalk space goes against our Comprehensive Plan they felt it was reason enough. to deny the request and the applica~it would need to submit a new plan making the site more pedestrian friendly. After some discussion, it was decided to add a condition to provide a ~ ft. easen2ent for a possible future sidewalk. Sargent said he didn't know if it is legal to add this type of condition for approval, but will check with the City Attorney, and if it isn't, then it rill be removed. Fiorendino asked vvhy the plans for signage were not included at this time. Sargent said the design has not been decided on yet, but it would most likely be a monument sign at this location. -46- PLANNING & ZONING COMMISSION MINUTES PAGE 9 MAY 1, 2007 Public Hearing was Opened: Walter Horislmyk of X055 Madison St (and who also owns X000 Jackson St-near the store location) voiced his opinions on the location of the building. He felt it was set back too far and would set precedence for the rest of the block when it is re-developed. He thought it should be placed closer to Central Avenue similar to Discount Tire. Szurek explained the guidelines for this part of Central allow for a setback of up to 85 feet to allow for parking in front, especially for retail busiliesses. In the Central Avenue Downtown Business District, the buildings must be closer to Central Avenue. She went on to explain that Discount Tire was set closer to Central Ave because they did not want the service bay doors to be visible from the front of the building, so they had to have a larger area in the rear of the building for accessing them. She said the placement of the Liquor Stare building is within the 85 foot setback and because of the topography and elevations, it is the best Location of the building on this site. Even though his comments had merit, the commission must approve or deny the request based on the guidelines that are in place at this time. Mr. Horishnyk asked how long it would take the City to re-coup the funds being expended on this project. He questioned the financial wisdom of this venture and believes it contradicts the values and social behavior we are trying to portray as a commtuuty. He felt the money would be better spent on something that would enhance our city's image and be a benefit to a larger number of people, such as a community center. Szurek told him that the coirunission didn't have any financial information on ilus project. She told hip, they were valid concerns and that he should take his questions to the City Council for more information. Public Hearing was Clased. Motion by Schmitt, seconded by Peterson, to waive the reading of Resolution 1Vo. 20D7-PZDl, there being ample copies available to the public. All ayes. A~IOTION PASSED. Motion by Schmitt, seconded by Peterson, to adopt Resolutian A'o. 2007-PZ01, being a resolution appz°oving cz site plan, t~fith the exceptiotz of the sign plan, for a znunicipal liquor store lacated at =1950 Central avenue, subject to the following conditions: 1. The pzroposed signage for the building and property shall comply with the City Sign Code and Design Guidelines, and will be reviewed by the Plannizzg Commission at a later date. 2. Provide a S foot easement for a possible firtzzre sidewalk along the north side of the propez~ty along ~O~~T avenue. AZI ayes. z~IOTIONP.4SSED. RESOLUTIONV NO. ?007-PZOl RESOLUTION OF TFIE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A it2U`NICIPAL LIC~UOR STORE WITHIN THE CITY OF COLI,~'rtBIA HEIGI-ITS, 1~=iII'v'vNESOTA ~vV~IEIEEAS, a proposal (Case i=?G{17-0503} has been submitted by Oertei Architects to the Planning and 2onin, Coir~mission requesting a site plan approval from the City of Columbia Heights at the failoeviaig site: -47- PLANNING & ZONING COMMTSSION MINUTES PAGE 10 MAY 1, 2007 ADDRESS: 4950 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for a municipal liquor store, WI3EREAS, the Planning Commission has held a public hearing as required by the city Zoning Code an May 1, 2007; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan 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, a.nd risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right- of-way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and. other inforn~ation shall become part of this permit anal 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 /Z) calendar year after the approval date, subject to petition for renewal ofthe permit. CONDITIONS ATTACHED: 1. The proposed sigtaage foT~ the building and property shall comply with the City Sign Code and Design Guidelines, and will be revienled by the Planning Commission at a later date. ?. Provide a .i foot easement for a possible fetus°e sidewalk along the north side of the property along SlI`~' .Avenue. Passed this l'` day of May, 2007 Offered by: Seconded by: Roll Call: Ayes: Noyes: Attest: Marlaine Szurek Shelley Hanson, Secretary. Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions oftltis resolution as outlined above. Jeff Oertel Date -48 - PLANNING & ZONING COMMISSION MINUTES PAGE 11 NIAY 1, 2007 CASE NUMBER: 2007-0504 APPLICANT: Oertel Architects) City of Columbia Heights LOCATION: 2105 - 37`" Avenue REQUEST: Site Plan Approval INTRODUCTION At this time, Oertel Architects is requesting a Site Plan approval to assist the City of Columbia Heights in the construction of a new municipal liquor store, located at 2105 - 37t" Avenue. The City of Columbia Heights owns and operates three municipal liquor stores in the city and is currently in the process of replacing two stores with brand new facilities. The propased store at 2105 - 37`" Avenue will be located on the southern parcel created through the redevelopment of the Apache Theatre site. The existuzg liquor store located in the Uf~ic~ue Thrift Store's shopping center will be vacated. The Design Guidelines are not applicable far this site, but every attempt was made to follow them to keep the two Liquor Store buildings consistent. COMPREHENSIVE PLAN The Comprehensive PIan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment or targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor, while protecting and enhancing adjacent residential uses. The proposed project is consistent ~=ith the Comprehensive Plan, as it will redevelop commercial entities into an economically viable and aesthetically pleasing project. ZONING ORDINANCE The property is located in the GB. General Business District, as are the properties to the east. The properties to the north are zoned R-3, Multiple Family Residential and the properties to the south are located in the City of Mimieapolis. PARKING. The parking requirements for the building are based on different types of uses. The City Code requires one parking stall for each 300 square feet of office and retail use. This is based on the gross floor defined as 90% of the total area. The proposed liquor store will incorporate approximately 10,400 square feet of office and retail space. Tlus requires 35 parkuZg stalls for these components. The plans indicate that there will be 43 parking stalls on site, exceeding the minmum requirements of the Code. LANDSCAPING. The City Code requires one tree for each 50 feet of street frontage for the project. The proposed liquor store will be located on the corner of 37`" Avenue and Hart Boulevard, with a combined total of approximately 450 feet of street frontage. This requires a minimum of tune trees planted on the site. The City Code also requires a minimum of four trees to be planted far every one acre of lot are covered by buildings, parking lots, loading areas, etc. The project site is approxunately i.04 acres in size, requiring four additional trees. The total number of trees required for this development is 13. The proposed plans indicate that 13 trees will be planted on site. _ as _ PLANNING & ZONING COMMISSION MINUTES PAGE 12 MAY 1, 2007 UTILITIES/STORM WATER IvIANAGEMENT. The proposed utilities servicing the liquor store have been reviewed by the City Engineer and approved as adequate. .All storm water management issues for the site were addressed and approved with the recent platting of this property. The site w711 share a storm uTater pond on the northwest comer of the property with Comforts of Home, and will also be diverting its storm water to a new pond to be constructed across Hart Boulevard. The City Engineer has approved these ponds as part of the platting process. LIGHTING. The City Code requires photometric readings of no greater than 0.5 footcandles (a measure of light intensity} as measured to the closest residentially zoned property, aild no greater than 3.0 footcandles as measured at the closest street curb line. The proposed plans indicate a maximum footcandle reading of 0.5 adjacent to the residentially zoned property and a maximum reading of 2.3 as measured at the street curb line. Both of these readings meet the minimum code requirements. BUILDING AND PARKING PLACEMENT. The building setbacks far the GB, General Business District, are as follows: Front: 15 ft. Side: none Conger Side: 15 ft. Rear: 20 ft. The proposed liquor store will maintain the following approximate building setbacks: Front: ] 02.5 ft. Side: 20.5 ft. Corner Side: 59 ft. Rear: 22.75 ft. The parking setbacks for the GB, General Business District, are as follows: Front: 1 S ft. Side: 5 ft. Corner Side: 15 ft. Rear: ~ ft. The proposed liquor store will maintain the following approximate parking setbacks: Front: l 5 ft. Side: 20.5 ft. Corner Side: 15 ft. Rear: 42.75 ft. BUILDING MATERIALS. The proposed liquor store will be comprised of rockface block and brick with varying colors and text~~res for accent purposes. These are acceptable building materials far new commercial eoatstruction. - so PLANNING & ZONING COMMISSION MINUTES PAGE 13 MAY 1, 2007 SIGNAGE. At this time, the applicant has not submitted plans for signage to be used on the building. When the applicant submits the final building permit application, city staff will ensure that the signage will meet the minimum standards of the Sign Code. In this case, it does not have to come back to the Planning & Zoning Commission. FINDINGS OF FACT Section 9.104 (M) requires that the Planning anal Zoiung Conunission shall make each of the following findings before approving a site plan: The site plan conforms to all applicable requirements of this article The praposed site plan meets all the requirements pertaining to setbacks, parking, and public access far the district in which it is located 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed project is consistent with the Comprehensive Plan, as it will redevelop commercial entities into an economically viable and aesthetically pleasing project. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan far this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed building meets all the rninirnum setback requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. Staff recommends approval of the site plan for the 2105 37a' Avenue development. Questions by members: Sargent explained that approval of this request is contingent on Ordinance 1524 being fully adopted by the City of Columbia Heights on May 23, 2007, which changes the minimum required length of parking stall spaces. This plan incorporates those new changes. Thompson asked why both site plans didn't use the same length for its parkuZg spaces? Sargent said they are two different plans with two different lots, ai7d that one needed to use the new lengths and the other did not. Fiorendino was concerned that signage plans weren't included in the site plan request. He would prefer a monument sign at this location rather than a pylon sign. Sargent explained that in this location, either one would be fine. He assured the commission that any signage would meet the sign. code ordinance. The members said that Comforts of Home ti~%ilI be using a anonument sign and they felt strongly that the same type of signage should be used at this location as well. Mayor Peterson said it is the Council's desire to have a nice sign and that most likely both stores will Dave the same designed sign. - 51 PLANNING & ZONING COMMISSION MINUTES PAGE 14 MAY 1, 2007 Schmitt asked where the garbage and recycling area would be? It was not shown on either plan. Larry Scott the Liquor Store Manager answered that it would be by the loading area and that it would be screened to meet all code requirements. It was noted that the sidewalk along this parcel is on private property, but was extended from the Comforts of Home Development as part of the entire plat approval. Public Hearing was Opened: No one was present to speak. Public Hearing was closed: Motion by Petersofz, seconded by Sch»zitt, to waive the reading of Resolution No. 2007-PZ02, there being ample copies available to the public. All ayes. MOTION PASSED. Motio~a by Peterso~a, seconded 6y Schmitt, to adopt Resolution 1Vo. 2007-PZ02, being a resolution approving a site plan for a municipal liquor store located at 210.5 - 3 7`h Avenue, subject to the follotiving condition: 1. The proposed signage for the building and property shall comply to the City Sign Code. ?. Site Plan approval is contingent on Ordinance 152 being fully adopted by the City of Columbia Heights on May 23, 2007. All ayes. MOTION PASSED RESOLUTION N0.2007-PZ02 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A MUNICIPAL LIQUOR STORE WITHIN THE CITY OF COLUMRI A HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0504) has been submitted by Oertel Architects to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 2105 - 37"' Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan. approval far a municipal liquor store. WHEREAS, the Planning Connnission has held a public hearing as required by the city "Coning Cade on May 1, 2007; - 5 2 - PLANNING & ZONING COMMISSION MINUTES PAGE 15 MAY 1, 2007 WHEREAS, the Planning and Zoning Conunission has considered the advice and recommendations of the City Staff regarding the effect of the proposed site plan 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 Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the citys comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other infornzation shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this perniit 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 ATTACHED: 1. The proposed signage for the building and pTroperry shall comply to the City Sign Code and Design Gaaidelines. 2. Site Plarz approval is contingent on Ordinance 1.52=1 being fully adopted by the City of Columbia Heights on May 23, 200?. Passed tIus 1st day of May 2007, Offered by: Seconded by: Roll CaII: Ayes: Nays: CHAiR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Jeff Oertcl Date ss - PLANNING & ZONING COMMISSION MINUTES PAGE 16 MAY 1, 200'7 CASE NLIMSER: 2007-0505 DATE: May 1, 2007 APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Used Auto Sales and Rentals BACKGROUND On November 13, 2006, the City Council adopted Ordinance 1515, amending the City Code as it relates to used automobile sales in the GB, General Business District, Subsequent to the adoption. of the new ordinance, City staff realized that certain language in the ordinance was inadvertently left in the code, making the new ordinance difficult to understand. The purpose of Ordinance 1515 is to restrict used auto sales activity throughout the City of Columbia Heights. The intent of Ordinance 1515 is to allow a used auto sales business as a stand-alone entity, as long as the used autos and the business are fully contained within a building. The purpose of the current proposed ordinance is to further clarify Ordinance 1 ~ 15, making it easier to understand. It should be noted that the intent of Ordinance 1515 would not be altered in any fashion. COMPREHENSNE PLAN The Comprehensive Plan will not be affected with the proposed amendment because the Comprehensive Plan supports all uses within the GB, General Business District. FINDINGS OF FACT The City Council shall make the following findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The proposed anaeaadmerat is consistent with the Conapreherasive Plura because the Comprehensive Plan supports corramercial activity throughout the City in designated areas. b) The amendment is in the public interest and is not solely for the benefit of a single property oumer. The proposed amendment ~n~ould clam an existing ordinance, making it easier for the public to interpret arad understand. c} Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed anaeradrnent does not change the zoning elasszf cation of a partietclar property. d} ~•l7ere the amendment is to change the zoning classification of a particular property, there has been a change in the character ar trend of development in the general area of the property in question, which. leas ta_k_en place since such property was pt_aced in its curre?~t zoning classification. Tlae proposed amendment does twat claange the zoning classification of a particarlar property. - 5 4 - PLANNING & ZONING COMMISSION MINUTES PAGE 17 MAY 1, 2007 City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning anendment as outlined in the attached draft ordinance. This ordinance amendment would clarify and existing ordinance, making the ordinance easier to interpret and understand. Questions by members: Schmitt questioned whether a grassy area is considered a landscaping buffer in 7 (f). Sargent told her yes, that it was, and that this particular section was not being changed. Public Hearing Opened: No one was present Public Hearing Closed. A~Iotiorz by Fiorendino, seconded by Schnziit, that the Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance regarding Used Antonzobile Sales/Rental. All ayes. MOTION PASSED. The attached draft ordinance will go to the City Council May 14th ORDINANCE NO. ~S:~~XX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO USED AUTOMOBILE SALES/RENTAL The City of Columbia Heights does ordain: Chapter 9, Article I, Sectinzz 9.107 (C)(7) of the Columbia Heights City Code, is proposed to include the followr'ng additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specifre Development Standards. The following uses are subject to specific development standards: (7) Automobile Sales/Rental, Used. a} The use shall be served by a major collector or higher classification or roadway. b} An open-aired used e-ar ante and truck sales or rental lot as a stand-alone business is prohibited. c} Used aattomobiles may be sold or related as a stand-alone business if the used autaanobiles and assaeiated business i~ are contained within a building. d} Used c-~s autamohiles may not be sold accessary to businesses other than new car dealerships. -55- PLANNING & ZONING COMMISSION MINUTES PAGE 18 MAY 19 2007 .s cr-uc. Luii Y ~}e} Outdoor vehicle display areas within the public right-of--way are prohibited. ~f) A landscape buffer with a minimum depth of 10 feet shall be installed gild maintained along all abutting public rights-of--way. ''11 \ b ~7b} ~ i~~le~ The outdoor storage of inoperable, jtu~ik vehicles and vehicles with expired tabs is prohibited. j3h} Music or amplified sounds shall not be audible from adjacent residential properties. hor...,, +r,~ to,.~i ,. ,.oar ~ „ fHd .. r.,t , V\.r1V YY L1L~ 1}i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. nr}j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential. uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2• This ordinance shall be in full force and effect from and after 30 days after its passage. NEW BUSINESS None OTHER BUSINESS Sargent reported that the amendment to eliminate Seasonal Greenhouses from needing a Conditional Use Permit was tabled by the City Council. They directed staff to work on a new Ordinance that would create an Interim Use Permit that would include all temporary sales tents the wane (Fire«~orks, Christmas Trees, Seasonal Greei~llouses, etc). The Interim Use Permits would still come to the P & Z Commission for review and approval, but they would not go to the City Council. Staff would still do a review and see that standard requirements are met prior to the Commission holding their public hearing on each request. The meeting ryas adjourned at 9.'05 pr~a. All.4yes. Respectfully submitted, Shelley I-Janson Secretary -ss- COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: May 14, 2007 AGENDA SECTION: Consent i ORIGINATING DEPARTMENT: CITY MANAGERS NO: ~ ~/~ ~ CITY MANAGER APPROV ITEM: Adopt Res.. 2007-68 Council BY: Walt Fehst t B / 1 meeting date change May 2007 NO DATE: May 8, 2007 ~~ DACE: ~~~ ~~ : Background: Monday, May 28 is Memorial Day. City offices will be closed in observance of this holiday. Recommendation: • Reschedule the Monday, May 28, 2007 regular City Council meeting to Tuesday, May 29, 2007 beginning at 7:00 p.m. in the City Council Chambers. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2007-68, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-68, being a Resolution rescheduling the Monday, May 28, 2007 regular City Council meeting to Tuesday, May 29, 2007 beginning at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: -57- RFR~T,T1TTnN Nn. 2Q(}7-(R BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MAY 28, 2007 WHEREAS: The City of Columbia Heights offices are closed on Monday, May 28, 2007 in observance of Memorial Day; and WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday, May 29, 2007 beginning at 7:00 p.m. in the City Council Chambers; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Passed this -day of 2007 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Carole Blowers Administrative Secretary -58- CITY COUNCIL LETTER Meeting of Mav 14. 2007 AV L1V DA JEL^ T 1V1V : L UI1Jelll VR1V11VA l llV G Ut',YAK 11V1~N 1 C.,l l Y 1V1H1V f113~1~ _ NO. ~ - j1 -'-~ POLICE APP OV ITEM: Transfer Funds from General Fund to Police BY: Thomas M. Johnson BY: ' NO. Dept. Budget to Reimburse Overtime Fund DATE May 2, 2007 DA ' ,' / Q ~~~ BACKGROUND During the first quarter of 2007, our Drug Task Force Officer has incurred same overtime hours which we have paid from the 2007 Police Department budget. The grant that we are in with the other Task Force departments reimburses our department for part of this overtime each quarter. For the first quarter of 2007, the amount of the reimbursement was $1,200. We have received a check from Anoka County in the amount of $1,200 and because this money is considered revenue, it was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $1,200 received from Anoka County as partial reimbursement for the overtime worked by our Drug Task Force Officer during the first quarter of 2007 be returned to the 2007 Police Department budget line #1020. RECOMMENDED MOTION: Move to transfer $1,240 received from Anoka County and placed into the City's General Fund to the Police Department 2007 budget under line #1020, police overtime. TMJ:mld 07-69 COUNCIL ACTION: -58- COUNTY OF ANOKA CHECK NO. 7 ©56585 l j 2100 "3'HIItD AVENUE g10 DATE 30-APR-07 ANOIi.~a, MINNESOTA 55303 AMOUNT A.NOKA ~ ******1,2o0.oa COIUNTY j _...... PAY One Thousand Two Hundred Dollars And 00 Cents * * * * * * * * * * * * * * * * * * * * TO THE ORDER OF CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT ~~-^~ ~ ~.- 559 MILL STREET NE COLUMBIA HGHTS, MN 55421 ~~/,~~,~~ ~~~ United States "'"`,~ WELLS FARO BANK MINNESOTA N.A. ANOKA. MINNESOTA ii' LO 56 58 5~i' x:09 X0000 ~ 9~: 00 X0009 i~00~~' ANOKA COUNTY REMITTANCE ADVICE DATE 30-APR-07 CHECK N0. 1056585 31-MAR-20 31-MAR-07 1ST QTR NARCOTICS GRANT REIMS 0.00 1,200.00 ,- ~,~:. CITY COUNCIL LETTER Meeting of: 5/14/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ -r'"1-~ PUBLIC WORK ;~,9 _ ( ; Y ITEM: AUTHORIZE THE CAPITAL EQUIPMENT BY: K. Hansen ~; B.~~r~- / REPLACEMENT OF UNIT #285 FORD FARM TRACTOR DATE: 512/07 t~:i'' D~k`I'E: ~`' - f {~ ~'e AND SWEEPER ATTACHMENT Background: Unit #285, a Ford Model 3930 Farm Tractor, equipped with a 7 ft. broom attachment was purchased in 1990 for $19,700 with a projected life expectancy of 15 years. Vehicle maintenance and repair records indicate that $16,272 has been spent on repairs for Unit #285 within the last S years. Unit #285 has 3,002 hours of recorded operation. The Shop supervisor has rated the mechanical condition and appearance of the tractor as fair to poor and noted that it is recently taking longer (two weeks or mare) to receive ordered parts. The Park Department Capital Equipment budget has allocated $54,000 for the replacement of Unit # 285 and broom attachment. Analysis/Conclusions: Public Works staff has carefully reviewed past, current and projected use of Unit # 285. A summary of that review is as follows. Unit # 285 tractor has seven attachments that enable it to be used to perform the following tasks: Drag softball and baseball infields, spread fertilizer, aerate and seed parks, sweep skating rinks, roto-till the city garden plots, mow the Universitv Avenue right of way from 37~' to 53`d Avenues and several community development vacant lots. Public Works field-tested and compared tractors manufactured by John Deere and Caterpillar. Staff recommends replacing Unit #285 Ford Farm Tractor and boom attachment with one (1) new John Deere Mode15425 Tractor and one (1 }new OCTL Sweepster Loader Mount Hydraulic Drive Angle Sweeper, from the State of Minnesota Purchasing Contract, with pricing as follows. Disposal of Unit #285 and sweeper attachment by trade-in. John Deere Mode15425 Tractor Base machine price $42,648.79 Isanti County Equipment Inc. Trade Allowance - 7 5{ 00.001 Sub Total $35,148.79 Broom Attachment + 5,801.79 6.5% MN Sales Tax + 2,661.79 Total Price $43,612.37 Challenger Model MT335B Tractor Base machine price $47,966.00 Ziegler Trade Allowance -(5,200.00} Sub Total 42,766.00 Broom Attachment +7,500.00 6.5% MN Sales Tax +3,267.29 Total Price $53,533.29 Recommended Motion: Move to authorize the capital equipment replacement of Unit #286 and sweeper attachment with the purchase of one (1 }new John Deere Model 5425 Tractor and one (1) new OCTL Sweepster Loader Mount Hydraulic Drive Angle Sweeper in the amount of $43,612.37, fmm Isanti Caunty Equipment an the State of Minnesota Purchasing Contract. Funding shall be from the Park Capital Equipment fund, 43 1-45200-5 1 84. KN :jb COUNCIL ACTION: - 61 - CITY COUNCIL LETTER Meeting of: 5/14/07 AuENDA JEC l iVl\r: ln..V 1~V S;rN 1 AGLIVDA ITEM: AUTHORIZE THE CAPITAL EQUIPMENT REPLACEMENT OF UNiT #226, TORO GROUNDSMASTER 580-D LAWNMOWER L.11 ! 1~l 111\IiV l:.li OlC'It~ INA T liv% DEPtiR T iVt~,l'°i I : ~ ^r~rv nn A wr A ~cn PUBLIC WORK a BY: K. Hansen~~"'=__~ B DATE: 5/2/07 c A ~,~ Background: Unit #226, a Toro Groundsmaster 580-D, self-propelled riding lawnmower was purchased in 2001 for $69,600, with a five year or 2,000 hour life expectancy. It is equipped with three rotary mowing/mulching decks and capable of mowing a 16' width and will trim less than an 18" circle around trees. Unit #226 has in excess of 2,000 recorded hours of operation. To date, $29,807 has been spent on labor and repairs. The Shop supervisor has rated the mechanical condition as fair. The 2007 Park Capital Equipment Replacement budget allocated $80,000 for the replacement of Unit #226. Analysis/Conclusions: Since 1996, when the city purchased it's first Toro 580-D, turf quality has greatly improved and mowing time has been signiticantly reduced. The 580-D mulches grass clippings and leaves, returning nutrients to the soil. The 16-foot cutting width minimizes soil compaction, caused by mower traffic. Prior to 1996, during periods of heavy growth, crews were unable to keep up with mowing demand and consequently would have to work overtime mowing or spend numerous hours of unproductive time raking, and disposing of huge piles of clippings. Time that had been used for mowing is now used for park maintenance or construction. Staff has field-tested and compared Toro and Jacobsen mowers that offer a 16 ft. cutting width. The results of the comparison are as follows. Qualit~of Cut -The Toro 580-D does a better job of cutting especially in heavy, wet grass. The Jacobsen I-IR-4016 turbo tends to discharge the clippings in clumps and the center deck tends to windrow the clippings to the left side. The Toro disperses the clippings evenly over the entire width of cut. The Jacobsen HR-9016 decks are designed to pivot to prevent scalping while the Toro 580-D decks actually float to prevent scalping. The Toro is also equipped with anti-scalp cups. The result is the Toro scalps less than the Jacobsen. The Toro is capable of 180 degree turns with na uncut grass while the Jacobsen leaves an 18" uncut circle. Traction an Hills -The Toro 580-D with its patented Traction-Plus system offers superior performance on hills. This system senses wheel slippage and automatically lifts the uphill wing deck to add weight to the wheel that is slippiag and increase traction. The Jacobsen does not offer this feature. Wind Deck Design -The wing decks on the Toro 580-D are designed to break away mechanically when the decks strike a stationary object. The operator simply backs up to reset the wing decks. The Jacobsen HR-9016 wing decks do not break away. COUNCIL ACTION: -62 - CITY COUNCIL LETTER Meeting of: 5/14/07 AGENDA SECTION: CONSENT AGENDA I llAr!'_INATiN!'' rl&'AA1}TM&'NT• I CITY MANA(;F.R NO: I PUBLIC WORKLL+ ~LE11•iL~, + • ~ _ - ITEM: AUTHORIZE THE CAPITAL EQUIPMENT BY: K. Hansen BY: REPLACEMENT OF UNIT #226, TORO DATE: 5/2(07 DATE: GROUNDSMASTER 580-D LAWNMOWER Continued -Page 2 Replacement of Toro Groundsmaster 580-D This results in costly repairs. In addition, the wing decks on the Toro 580-D automatically lock into the transport position when raised and can not accidentally fall. The raised wing decks on the Jacobsen HR-9016 have to be manually secured with chains. Staff recommends the purchase of a new Toro Groundsmaster 580-D available for purchase from the Minnesota State Purchasing Contract from MTI Distributing of Plymouth, MN based an design features and proven performance mowing in Columbia Heights, since 1996. Staff recommends disposing of Unit #226 by trade-in. Company Cost Less trade-in Total MTI Distributing $84,655.00 ($18,000) $66.655.00 Jacobsen $78,465.00 ($13,000) $65,465.00 Recommended Motion: Move to authorize the capital equipment replacement of Unit #226 with one (1) new Toro Groundsmaster 580-D from MTI Distributing in the amount of $66,655.00 (with trade-in) plus tax from the Minnesota State Purchasing Contract. Funding shall be from the Park Capital Equipment fund, 43 1-45200-5 1 80. KH:,jb COUNCIL ACTION: - 63 - CITY COUNCIL LETTER Meeting of: 5/14/07 A /''T`ATTl A C~T•!"~TTlIAT. (`llh TC'~ThTT /'+i^hTT ~ I I t~va:.t~utt ~7L' 4. t 1Vld. l.V1vJL1V 1/~AVCIVLK e~RIC;IlyATgNG DEPARTMENT' i-I1 if 1~'lAl'VAt.,ER NO: 5~ ~ PUBLIC WORK ITEM: AUTHORIZE STAFF TO SEEK BIDS FOR BY: K. Hansen ~ BY:, EMERGENCY REPAIR OF SANITARY SEWER DATE: 5/9/07~~=----~- DAB: _ ~ v Background: Public works staff routinely cleans and televises sanitary sewer lines as part of our sanitary sewer maintenance program. Approximately one third of the sanitary lines are cleaned every year. Staff will also clean and televise lines following sanitary sewer plugs at and downstream of the actual plug location. Analysis/Conclusions: The sanitary sewer on 44`h Avenue west of Mcleod Street flows west to Central Avenue and then flows south to 43"j Avenue, where it turns and flows west. Following a sanitary sewer plug in the line on 44`x' Avenue between Tyler and Mcleod Streets, this sewer segment route was cleaned and televised. From the televising record, it was discovered that a section of the eight inch pipe approximately 30 to 40 feet in length has collapsed and experienced differential settlement. The area is east of the manhole that is in the northbound inside travel lane of TH 65 or Central Avenue. Because of the location of the manhole and the length of repair necessary, it will be necessary to close the north bound lanes at this intersection and stage a temporary traffic detour to single lanes on the west side of Central Avenue. There are significant other underground utilities in this area that will complicate the repairs. The MnDOT as-bunts also indicate that the road section is 8 inches of concrete overlaid with asphalt, which will lengthen the time for restoration. It is estimated that the traffic staging, sewer repairs and restoration will take approximately 10-14 consecutive days to complete. Recommended Motion: Move to authorize staff to seek bids for the emergency repair of sanitary sewer at 44`x' and Central Avenues. KH:jb COUNCII, ACTION: - 64 - 44TH & CENTRAL EXISTING SANITARY & STQRM SCALE 0 50 900 0 44TH&CEN-SAN-AERI A~.6 WG SHEET 1 OF 1 CITY COUNCIL LETTER Meeting of: 5!14/07 ACcNuA SECTiOiv: CONSENT AGEivuA ~ ORIGINATING DEPARTMENT' ~ Cd`I'1' MANAGER NO: ~ -~- ~ PUBLIC WORK . ITEM: AUTHORIZE STAFF TO SEEK BIDS FOR THE BY; K. Hanse SY: ~ REPLACEMENT OF A PICNIC SHELTER AT SILVER DATE: 5/9(OT~~ DA')~' - ~(~ LAKE BEACH Background: The 2007 Parks Capital Improvement budget has $30,000 established for the shelter replacement at Silver Lake Beach. For the April Park & Recreation Commission meeting, notices were sent out to the surrounding neighborhood inviting them to the meeting for public comment and input of a new shelter and the Park in general. Analysis/Conclusions: Approximately 8 residents attended the April Park & Recreation meeting, held at Silver Lake Beach. Staff presented information on park shelters, including photographs of common designs for a new shelter. The presentation also included information on the following: • Structure type: Hexagon, Square or Rectangle (steel or wood column posts). • Roof type (painted metal, asphalt shingles, cedar shakes,). • Features such as the use of stone at the column base, and color of roof and columns, if metal. • Add amenities such as benches, grills, lighting etc. • Location in Park. Several shelter types are available and can be viewed on the web. Consensus of the residents attending and the Cormmission included the following shelter elements: 1. Steel Post Supported, Rectangular Size: approximately 18 or 20 x 24 or 28 feet with the intent to accommodate 25 - 30 people. 2. Roof Painted steel. Painted. City blue 3. Floor: Concrete, ADA accessible. 4. Interior ceiling lighting and electrical outlets. 5. Add Amenities: grilles and benches. 2 or 3 grilles, bench seating to accommodate 20-25 people. Following the public input and discussion, the Park & Recreation Commission made a recommendation to the City Council to seek bids for a new park shelter with design elements 1-5 above. Additionally, the public meeting included discussion on other site improvements for consideration if the budget allows or planned for future work: a. Replace swing set and minor play equipment. b. Add security lighting in the Park. c. Reduce beach area (grass -promote infiltration). d. Regrade and Ievel volleyball area. e. Add landscaping such as trees & shrubs. COUNCIL ACTION: - 6 6 - CITY COUNCIL LETTER Meeting o£ 5/14/07 AOE::'DA SLC TIO1~T: lam. Vl~`1SEl~tl T AV E1tlDA ' ` t~.ITY j1i11~\AVLiTO OR'1lT1iV A T 11V li DEPART 1VIEN T NO: I PUBLIC WORK I ITEM: AUTHORIZE STAFF TO SEEK BIDS FOR THE BY: K. Hansen BY: REPLACEMENT OF A PICNIC SHELTER AT SILVER DATE: S/9/07 DATE: LAKE BEACH f. Reduce parking lot area, repave. g. New rain garden @ south edge of parking lot. h. Create a dog park. i. Trail connection to Stinson. Recommended Motion: Move to authorize staff to seek bids for the replacement of the picnic shelter at Silver Lake Beach, based upon a recommendation from the Park and Recreation Commission. KH:jb COUNCIL ACTION: -67- COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: IVtav 14, 2007 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER ~ NO: _~ - .~ -`~ Commwlity Development APPROVAL ~ ~ ITEM: Approval of a Conditional Use Permit for BY: Jeff Sargent, City Planner BYL fj/'~ Outdoor Sales located. at 3927 Central Ave DATE: Ma 9 2007 y ~ (~ _ / " / 'r ~ a{ l NE. ,~".~ ..' BACKGROtiND: James Swenson has applied for a Conditional Use Permit to allow the operation of aseasonal mini-garden center for flowering plants and retai) sales. Section 9.106 (G)(5) of the Toning Ordinance permits seasonal agricultural sales as a conditional, limiting the amount of time that seasonal agricultural sales may occur to 90 days. The attached site plan. illustrates the 32' x 60' greenhouse location, which will be located along Central Avenue in front of the Salvcztiorz ~z•zz?v store. The greenhouse structure will house a variety of plants and flowers for sale to the public. The principal uses of the subject parcel are preexisting and legally nonconforming, and comply with zoning regulations. The greenhouse will displace approximately 12 parking spaces. This will. be the Swenson's second year of operating a temporary greenhouse at this location in Columbia Heights. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on May 1, 2007. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the five conditions listed in the recommended motion, with a 5-0 vote. RECOMMENllED MOTION: Move to waive the reading of Resolution 2007-69, there being ample copies available to the public. Move to adopt Resolution No. 2007-69, approving a Conditional Use Permit for outdoor sales for Swenson's Greenhouse, located at 3927 Central Avenue, subject to the conditions outlined in Resolution No. 2007-69. Attaclnz~~ents: Draft Resolution 7007-69,~ P+Z hlenTO; Size Plan, ,4 a ~licazion ir7fornzczzior~a COtrNCII_ ACTION: 1 -68- RESOLUTION N0.2447-69 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JAMES SWENSON WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0502} has been submitted by James Swenson to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3927 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 1, 2007; 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 adapts the following findings of the Planning Commission: 1. The use is one of tl~e 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 ofproperty in the immediate vicinity. The use will be designed, constructed, operated and maintained in a manner that is coanpatible 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 oftraffic. g. The use will not: ause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. -63- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0502 DATE: May 1, 2007 TO: Columbia Heights Planning Commission APPLICANT: James Swenson LOCATION: 3927 Central Avenue REQUEST: Conditional Use Permit for Outdoor Seasonal Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION James Swenson has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. Section 9.106 (G)(5) of the Zoning Ordinance permits seasonal agricultural sales as a conditional, limiting the amount of time that seasons! agricultural sales may occur to 90 days. The attached site plan illustrates the 32' x 60' greenhouse location, which will be located along Central Avenue in front of the Salvation Army store. The greenhouse structure will house a variety of plants and flowers for sale to the public. The principal uses of the subject parcel are preexisting and legally nonconforming, and comply with zoning regulations. The greenhouse will displace approximately 12 parking spaces. This will be the Swenson's second year of operating a temporary greenhouse at this location in Columbia Heights. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The Zoning Map classifies the property as CBD, Central Business District. Retail uses are allowed in this zoning district. The Swenson's proposal will impact approximately 12 parking spaces. Overall, the -70- City of Columbia Heights Planning Commission May i, 2007 Swenson's Greenhouse -Conditional Use Permit Case # 2007-0502 proposed greenhouse will have relatively little impact on the site, as there is currently an aounaance or partcmg spaces ana oreve ass6e access wan not ce ~mpactea. r~ease note that the Fire Department has reviewed the proposal and has no concerns regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditions{ uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Seasonal agriculfural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the CBD, Central Business District. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as greenhouses, is a permitted use in the commercial areas. 3. The use will not impose hazards or disturbing influences on neighboring properties. The outdoor greenhouse and related business proposed will be placed an the westerly portion of the parking lot along Central Avenue. The location should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. 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 proposed garden center should not negatively impact the existing character of the vicinity, being that the character of the vicinity is commercial. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. The property is currently served by adequate public roadways and necessary utilities. ~~ - Page 2 City of Columbia Heights Planning Commission May 1, 2007 Swenson's Greenhouse -Conditional Use Permit Case # 2007-0502 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. The Traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use wi(I not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located. As determined by staff, the use complies with the applicable regulations of the CBD, Central Business District. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for seasonal agricultural sales at 3927 Central Avenue, subject to certain 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 Fire Department will require a structure plan indicating the location of the exits and fire extinguisher placements. 2. The Fire Department will require a flame spread certification for the membrane structure. 3. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 4. All signage must be done professionally. Signage may not be painted directly onto the membrane of the structure. 5. The membrane of the structure must be kept tied dawn and in goad repair. 7z ~ Page 3 City of Columbia Heights Planning Commission May 1, 2007 Swenson's Greenhouse -Conditional Use Permit Case # 2007-0502 HLt1Ct1fC1@17tS ^ Location Map ^ Site Plan - 7s - Page 4 i i ~ I ' i I . ~ _.._ ~- __ ~~ ~~ y rN ~~ ' M I .,L' Vic. ..~"'~~ ~ ...,_ ~ a ^ jC~ , ~ ~ 4. ~ ~. ' ~ •~1 ~~ 4,~.!?~l~ (,~ , ~ ~ s ~ ~ .. t~ r i ~a:'~~~ .,~.. ~' ~'t ~~ , ._...- - a~,~~- ~ v -75- CITY COUNCIL LETTER Meeting of May 14, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: .5 ~~~ ° (~ APPROV ITEM: Rental I-lousing BY: Gary Gorman B`. ~~ -~ Licenses ,f ~' f ~ NO: DATE: May 8, 2007 DA%I E: 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 far rental housing license applications for May 14, 2007. COUNCIL ACTION: 1 ~O~ -~s- List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 10013 Mife High Properties, LLC 30115 Riverwood Rentals, LLC 34002-NC C.H. Properties 20143 Jose Alonso 12017 Barry Cole 20246 Stephen Dziedzic 20302 Scott Fakler 20031 Said Farah 20066 Kenneth Henke 20134 Burton Kegan 30099 Mujtaba Khan 30001 Gina Kilgore 20108 Wade Klick 20194 Bob Landucci 30162 Daniel Larson 30076 Jamie Lavanier 20092 Rose Maciaszek 20094 Rose Maciaszek 30116 Mary Marth 20200 Kevin McGinnity 20271 Alice Nopoia 10092 Ernest Onyia 30100 Robert Ostlund 20167 Jessie Rudensky 30122 David Rust 30112 Maumer Sekizovic 10199 Carolyn Sery 12074 Mark Steffl 12061 Stephen Stenger 20027 Tim Taylor T.P.T. Partnership 20047 James Wegman 12187 Anthony Wllczek 12122 Joseph Yang 50$ 40TH 4615 Tyler 4655 5TH 1401 PARKVIEW 4624 WASHINGTON 1260 CIRCLE TERRACE 4943 JACKSON 4442 Tyler 4433 2 1 /2 1116 45TH 1045 PETERS 4255 MAIN 3736 3RD 3810 3RD 4556 Tyler 4545 MADISON 4351 WASHINGTON 4357 WASHINGTON 4619 Tyler 4432 2ND 4937 JACKSON 1401 46TH 3940 PETERS 4534 WASHINGTON 4653 Tyler 4357 Tyler 3828 Reservoir 936 42ND 3967 POLK 831 40TH 3959 Reservoir 3935 Tyler 3902 Reservoir 05/08/2007 09:27 - ~7 - Page 1 CITY COUNCIL LETTER Meeting of: May 14, 2007 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER _ NO: ~ " ~ - t 1 License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~~- I DA E• ~ .~~ ~ ~ ( r 1 ~ NO: DATE: May 10, 2007 ~ BY BACKGROUND/ANALYSIS Attached is the business license agenda for the May 14, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007, and an Ice Cream Vehicle License. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for May 14, 2007 as presented.. COUNCIL ACTION: -7a- TO CITY COUfiiCIL May 14, 2007 *Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG Mohscrete Concrete Works 2852 Mallard Dr, Woodbury *Home Depot Home Services700 Prior Ave No, St Paul *Grant Utilities Inc 9671 Joliet Ave No, Grant MN *Rachel Contracting 10900 89t1i Ave NE #2, Mapie Gr *Priority Plumbing 14270 2015` Ave NW, Elk River *Bruce Amdahl *B.K. Utility & Plumb *Georgetown Constr. *Paul Falz Co Inc *Earth Wizards Inc * Signminds Inc *Fairfax Asphalt Inc 8709 Miss Blvd, Coon Rapids 2661 Roth Place, White Bear Lk 7814 13°i Lane, St Louis Pk 359 Atwater St, St Paul 1071 Co Hwy 10 #150, SLP 1050 33~d Ave SE, Mpls 108 W. Broadway, Osseo ICE CREAM VEHICLE LICENSE $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 POLICE *EZ Ice Cream (Kamal Toman Alassedy) 761 124a' LN NW, CR $50 _79_ -.~ ' C CITY OF CC}LZrMBIA HEIGHTS FINANCE OEPAI~ T MENT cO~c~L ET~v~ Ora N'~ t ~f, 2.00 ~ STATE OF MINNESOTA C;OU1V~l~Y OF A.NOK.A CITY G`F COLUM~iIA I'~ICs; I ~'S .Motion to approve payment of bills ont of the proper funds, as listed in the attached check register covering Check Number ~ ~-~ 2.. through ~ ~ SD S. in the amount of $ ~, (~ ~,~3 ~~, . ~-~ . These checks have been examined and found to be Legal charges against the CITY OF COLUMBIA. HEIGHTS, and are hereby, recommended for payment. -ao- ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/10/2007 11:41:45 Check History GLOSOS-V06.74 COVERPAGE GL540R ******************************************************************************* * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L Report Selection; Optional Report Title.....,.05{14/2007 COUNCIL LISTING INCLUSIONS: Fund & Account .............. thru Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... thru Journal Entry Ids....,.,.... thru Check Number ................ 121252 thru 121505 Project ..................... thru Vendor ...................... thru Invoice.. ............... .... thru Purchase Order .............. thru Bank ........................ thru Voucher .................... thru Released Date ............... thru Cleared Date ................ thru Include Exp/Rev Closing Entries N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y - 81 - ACS FINANCIAL SYSTEM 05/10/2007 11 Ch k Hi CITY OF COLUMBIA HEIGHTS ec st ory GL540R-V06.74 PAGE 1 05/14/2007 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AARP 121252 210.00 AMERICAN BOTTLING COMPAN 121253 420.30 BELLBOY BAR SUPPLY 121254 159.92 BELLBOY CORPORATION 121255 13,719.90 BOLTON & MENK, INC 121256 9,307.50 BOURGET IMPORTS LLC 121257 134.00 CITY OF COLUMBIA HEIGHTS 121258 154,471.58 COCA-COLA BOTTLING MIDWE 121259 2,35$.85 DELTA HOSPITAL SUPPLY ZN 121260 78.60 EXTREME BEVERAGE 121261 960.00 FSH COMMUNICATIONS, LLC 121262 63.90 G & K SERVICES INC 121263 28.60 GENUINE PARTS/NAPA AUTO 121264 12.94 GREATER METROPOLITAN HSG 121265 15,000.00 GRIFFITH/BRIAN 121266 142.75 GRIGGS-COOPER & CO 121267 30,897.76 HENRY P HENRY 121268 6 20 JINDRA/PATRICIA 121269 . 35.00 JJ TAYLOR DIST OF MN 121270 35,365.71 JOHNSON BROS. LIQUOR CO. 121271 25,068.70 LEAGUE OF MINNESOTA CITI 121272 349.86 MALTA 121273 25.00 MARK VIT DIST. 121274 37,010.99 1~fN DEPART OF ECONOMIC SE 121275 4.15 MOLINARO/JAMES 121276 145.50 MOREDOCK/GERRY 121277 484.90 MPLS BMEU 121278 3,600.00 TQEEDHAM DISTRIBUTING CO 121279 185.00 NEXTEL COMMUNICATIONS 121280 372 87 PARADISE/CHRISTINE 121281 . 50.00 PEEL/GERALYN 121282 6.95 PETTY CASH - KAREN MOELL 121283 120.57 PETTY CASH - MARX DUGDAL 121284 158.83 QWEST COMMUNICATIONS 121285 116.09 SARGENT/JEFF 121286 28.19 SHAMROCK GROUP/ACE ICE 121287 489.64 SPECIALTY WINES & BEVERA 121288 292.33 SUN PUBLICATION INC 121289 111.38 VERSION WIRELESS 121290 92.01 VINOCOPIA INC 121291 713.00 WALQUIST/MICHAEL 121292 475.00 WINE MERCHANTS 121293 2,489.45 XCEL ENERGY (N S P) 121294 1,460.89 ANOKA COUNTY 121295 1,651.25 ARCH WIRELESS/METROCALL 121296 94.51 BKV GROUP INC 121297 2,199.50 BRUGGER/ARMIN 12129$ 500.00 -82- ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/10/2007 11 Check History GL540R-V06.74 PAGE 2 05/14/2007 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT SANK CHECKING ACCOUNT CAPITOL BEVERAGE SALES L 121299 25,739.91 CAUAGHAN/RUTH 121300 41.00 CENTER POINT ENERGY 121301 9,391.40 CENTRO BRADLEY SPE 5 LLC 121302 11,940.57 CHISAGO LAKES DISTRIBUTI 121303 10,104.34 COLUMBIA HEIGHTS I 121304 5,570.70 DEEP ROCK WATER COMPANY 121305 97.54 DEX MEDIA EAST LLC 121306 2?9.35 DU ALL SERVICE CONTRALTO 121307 245.49 ESCHELON 121308 163.89 FLOYD TOTAL SECURITY 121309 16.07 G k If SERVICES INC 121310 138.24 GENUINE PARTS/NAPA AUTO 121311 97.37 GREATER METROPOLITAN HSG 121312 13,341.29 GRTGGS-COOPER & CO 121313 26,586.54 HALL/MARILYN 121314 3.82 HOLMBERG/KELLY 121315 1.66 INTEGRATED LOSS CONTROL 121316 1,448.00 7OHNSON BROS. LIQUOR CO. 121317 54,050.24 JOHNSON/LOIS 121318 41.00 KALLESTAD/RUBY 121319 57.00 KENNEDY & GRAVEN 121320 20.70 KIWI KAI IMPORTS 121321 2,897.22 LOOTS/DR JIM 121322 92.61 MILLER/STUART 121323 41.00 MN DEPT OF ADMINISTRATIO 121324 506.90 PHILLIPS WINE & SPIRITS 121325 6,527.93 PROSOURCE TECHNOLOGIES I 121326 852.15 QUALITY P7INE & SPIRITS 121327 23,980.13 QUAST/BEV 121328 57.00 RICOH AMERICAS CORPORATI 121329 27.00 SHAFER/TESS 121330 48.00 SMITH/THOMAS 121331 8.16 TCF NATIONAL BANK 121332 47.37 TDS METRUCOM INC 121333 4,448.65 THELEN/KATHLEEN 121334 3.25 TRACZYK/LISAMAIRE 121335 4.33 VERIZON WIRELESS 121336 232.95 WELLS FARGO BANK 121337 3,586.82 WETCH JR./JAMES 121338 550.00 WZNDSCHITL/KEITH 121339 65.68 XCEL ENERGY (N S P) 121340 17,924.90 ALCORN BEVERAGE CO INC 121341 692.12 BECKMAN/LISA 121342 50.00 CAPITOL BEVERAGE SALES L 121343 7,955.20 CHISAGO LAKES DISTRIBUTI 121344 3,258.15 CITY OF COLUMBIA HEIGHTS 121345 158,584.91 - 83 - ACS FINANCIAL SYSTEM 05/10/2007 11 Check Histor CITY OF COLUMBIA HEIGHTS GL540R V06 7 y 05/14/2007 COUNCIL LISTING - . 4 PAGE 3 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT COCA-COLA BOTTLING MIDWE 121346 387.55 DUGDALE/MARY 121347 14.86 ENGLUND/ATHENA 121348 200.00 EXTREME BEVERAGE 121349 640.00 G & K SERVICES INC 121350 34.57 DOFF/AARON 121351 50.00 GRANT/JEANETTE 121352 20.00 GRIGGS-COOPER & CO 121353 13,556.85 HOHENSTEINS INC 1'21354 4,324.95 INTEGRATED LOSS CONTROL 121355 362.00 JJ TAYLOR DIST OF MN 121356 54,435.05 JOHNSON BROS. LIQUOR CO. 121357 7,205.36 JOUPPI/NICOLE 121358 4.26 KELZENBERG/BRUCE 121359 40.00 LANDWEHR CONSTRUCTION IN 121360 9,150.14 LARKIN/JOHN 121361 93.60 MARK VII DIST. .121362 40,838.72 MINNESOTA DEPARTMENT OF 121363 96.00 MOELLER/KAREN 121364 172.00 MSPE 121365 12.00 NAPA NORTHEAST 121366 323.91 IVETLAND/SCHOTT 121367 35.00 PETTY CASH - KAREN MOELL 121366 133.48 PETTY CASH - LIZ BRAY 121369 31.69 PHILLIPS WINE & SPIRITS 121370 1,970.10 ROUFS/JEN 121371 270.12 SCHACK/STEPHANIE 121372 20.00 'JALADEZ/Iv9IGUEL 121373 221.13 XCEL ENERGX (N S P} 121374 48.33 YOUNG/KATHY 121375 109.50 A TOUCH OF MAGIC INC 121376 200.00 ABLE HOSE & RUBBER INC 121377 859.75 ACE HARDWARE 121378 97.01 ACME TYPEWRITER TNC 121379 314.62 ALL,INA MEDICAL TRANSPORT 1213$0 750.00 AMERICAN PUBLIC WORKS AS 121381 40.00 A_MERIPRTDE INC 121382 113.86 ANCOM COMMUNICATIONS INC 121383 104.00 ANOKA COUNTY 121384 242.98 ANOICA COUNTY - GOVT CEN 121385 4,596.00 ANOKA COUNTY LIBRARY 121386 1,244.18 ANOKA CTY - CENTRAL COMM 121387 1,269.12 ARMOR HOLDINGS FORENSICS 121388 54.95 ASPEN MILLS, INC. 121389 335.00 ASSOC OF TRAINING OFFCRS 121390 25.00 BAKER & TAYLOR 121391 4,567.73 BAKER & TAYLOR ENTERTAIN 121392 14.98 - 84 - ACS FINAIQCIAL SYSTEM OS/1Q/2007 11 Check Histor CITY OF COLUMBIA HEIGHTS GL540R y 05/14/20p7 COUNCIL LISTING -V06.74 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BARNES & NOBLE INC 121393 157.98 BIFF'S,IP7C. 121394 419.14 BIGS EASY LZFT INC 121395 38.34 BLOWERS/CAROLE 121396 889.72 BONESTROO ROSENE ANDERLI 121397 2,852.00 BOUND TREE MEDICAL LLC 121398 727.00 BOYER TRi1CK PARTS 121399 135.02 BRADLEY 6d GUZZETTA LLC 121400 1,215.00 BROCK WHITE CO. 121401 426.p6 BUDGET OFFICE MACHINES, 121402 188.88 BUILDING FASTENERS 121403 31.21 BUSINESS JOURNAL/THE 121404 92.00 CAMDEN PET HOSPITAL, INC 121405 1,294.00 CATCO PARTS SERVICE 121406 299.33 CENTER POINT ENERGY 121407 26.01 CERES ENVIRONMENTAL SRVC 121408 1,162.98 r_INTAS FIRST AID-SAFETY 121409 256.64 CLARK PRODUCTS INC 121410 68.66 COLUMBIA PARK MEDICAL GR 121411 315.00 COMO PARK ZOO & CONSERVA 121412 200.00 COORDINATED BUSINESS SYS 121413 858.68 CROWN TROPHY 121414 89.73 CSC CREDIT SERVICES INC 121415 25.00 DEEP ROCr: WP_TER COMPANY 121416 121.10 DEMCO, IPdC. 121417 172.33 DISCOUNT STEEL INC 121418 241.10 EBSCO PUBLISHING 121419 30.95 F,GAN OIL COMPANY 121420 18,614.78 SHEERS & ASSOCIATES TNC 121421 15,345.00 EMERGENCY APPARATUS MAIN 121422 3,002.23 FIDELITY SERVICES INC 1L1423 5,167.90 FIRST NATIONAL INSURANCE 121424 1,000.00 FLEX COMPENSATION, INC 121425 168.00 G & K SERVICES INC 121426 1,726.22 GAYLORD BROS 121427 41.93 GENUINE PARTS/NAPA AUTO 121428 271.41 GOVERNMENT FINANCE OFFIC 121429 180.00 GRAPHICS MEDIA 121430 78.45 HALTARHUU/CHIMGEE 121431 350.00 HARBOR FREIGHT TOOLS 121432 84.10 HD SUPPLY WATER WORKS 121433 1,309.45 HEINRICH ENVELOPE CORP 121434 201.35 HOME DEPOT #2802 121435 328.04 IPC PRINTING 121436 158.75 JANWAY 121437 121.85 KATH FUEL OIL SERVICE 121438 106.09 KENNEDY & GRAVEN 121439 1,251.75 - 85 - ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05(10/2007 11 Check History GL540R-V06.74 PAGE 5 05/14/2007 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT KROMER COMPANY 121440 286.97 LAW ENFORCEMENT TARGETS 121441 91.88 LEAGUE OF MINNESOTA CITI 121442 40.00 LOFFLER BUSINESS SYSTEMS 121443 299.27 LUTHER BROOKDALE CHEVROL 121444 546.77 NLAC QUEEN EQUIPMENT CO. 121445 602.98 MARSHALL CONCRETE PRODUC 121446 4,704.76 MAYO CLINIC HEALTH LETTE 121447 27.00 MEDICS TRAINING INC 121448 550.00 MENARDS CASHWAY LUMBER-F 121449 496.65 METRO FIRE, INC 121450 28.24 METROPOLITAN COUNCIL WAS 321451 66,308.19 MID4JAY FORD 121452 2,641.06 MINNEAPOLIS FINANCE DEPT 121453 2,777.00 MINNEAPOLIS SAW CO. 121454 45.33 MINNESOTA COUNTY ATTORNE 121455 37.81 MN CHIEFS OF POLICE ASSO 121456 446.24 MN HIGHWAY SAFETY & RESE 121457 1,002.00 MYERS TIRE SUPPLY COMPAN 121458 160.28 NATIONAL ASSOC SCHL RESR 121459 425.00 NATIONAL NIGHT OUT 121460 280.91 NEW YORK TIMES/THE 121461 369.20 NORTHERN WATER WORKS SUP 121462 501.49 OERTEL ARCHITECTS 121463 38,900.23 OFFICE DEPOT 121464 708.45 ONE-CALL CONCEPT-GOPHER 121465 337.10 ONVOY INC 121466 120.88 ORKIN INC 121467 65.65 PC SOLUTIONS INC 121468 4,400.00 PORTOLITE PRODUCTS INC 121469 814.73 PROSOURCE TECHNOLOGIES I 121470 51,070.02 QUICKSILVER EXPRESS LOUR 121471 52.76 R.A. DORAN & ASSOCIATES 121472 335.00 RANDOM HOUSE, INC 121473 126.65 RAPIT PRINTING - NEW BRI 121474 47.93 REED BUSINESS INFORMATIO 121475 428.16 RELIABLE RACING SUPPLY I 121476 2,386.94 RICOH AMERICAS CORPORATI 121477 549.00 ROYAL TIRE 121478 35.71 RYDBERG/SCOTT 121479 90.00 S & T OFFICE PRODUCTS IN 121480 347.50 SAM'S CLUB 121481 114.38 SCHINDLER ELEVATOR CORP 121482 269.14 SHERWIN WILLIAMS 121483 1,383.43 SMITH MICRO TECHNOLOGIES 121484 183.00 ST JOSEPH'S EQUIPMENT 121485 112.34 STAPLES BUSINESS ADVANTA 121486 167.65 - 86 - ACS FINANCIAL SYSTEM 05/10/2007 11 BANK VENDOR BANK CHECKITdG ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 6 05/14/2007 COUNCIL LISTING CHECK NUMBER AMOUNT STOPTECH LTD 121487 401.80 STREICHER'S GUN'S INC/DO 121488 387.26 SUN PUBLICATION INC 121489 608.60 SUPERIOR LAMP INC 121490 151.55 TBS OFFICE AUTOMATIONS I 121491 374.50 THOMSON GALE 121492 197.88 TKDA, INr_ 121493 264.55 TRUCK UTILITIES COMPANY 121494 808.02 TRUGREEN CHEMLAWN 121495 380.64 TWIN CITIES TRANSPORT & 121496 317.37 UPSTART- DIVISION OF HIG 121497 32.45 VERIZON WIRELESS 121498 319.50 VIKTNG SAFETY PRODUCTS 121499 141.65 WAHLS EN'PERPRISES 121500 217.37 WORLD CHAMBER OF COMMERC 121501 48.00 WW GRAINGER,INC 121502 345.53 ZARNOTH BRUSH WORKS, INC 121503 941.46 ZEP MANUFACTURING COMPAN 121504 433.49 3M 121505 7,331.81 1,146,379.29 *** -87- ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/10/2007 11 Check History GL540R-V06.74 PAGE 7 OS/14/20D7 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT REPORT TOTALS: 1,146,379.29 RECORDS PRINTED - 001430 - 88 - ACS FINANCIAL SYSTEM 05/1 0f2007 11:41:49 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 60,447.59 201 COMMUNITY DEVELOPMENT FUND 2,168.22 212 STATE ATD MAINTENANCE 4,?80.74 225 CABLE TELEVISION 1,215.00 226 SPECIAL PROJECT REVENUE 28,341.29 240 LIBRARY 12,134.46 261 ' TWENTY-FIRST CENTURY PROGRAM 31.69 3 78 MEDTRONIC - TIF (N7) 360.00 401 CAPITAL IMPROVEMENTS 428.16 402 STATE AID CONSTRUCTION 1,204.50 415 CAPITAL IMPRVMT - PIR PROJ 8,879.73 418 COMMUNITY CTR CAPITAL BLDG 2,559.50 420 CAP IMPROVEMENT-DEVELOPMENT 72,282.99 436 CAPITAL. EQUIP REPLACE-LIQUOR 42,746.24 601 WATER UTILITY 5,909.03 602 SEWER UTILITY ?0 g5g,B8 603 REFUSE FUND 3,046.27 604 STORM SEWER UTILITY 1,048.44 609 LIQUOR 457,865.75 651 WATER CONSTRUCTION FUND 328.03 652 SEWER CONSTRUCTION FUND 1,459.90 701 CENTRAL GARAGE 40,235.91 720 DAT.'1 PROCESSING 5,367.73 875 FISCAL AGENCY: GIS RANGER 7,331.81 881 CONTRIBUTED PROJECTS-REC 114.38 883 CONTRIBUTED PROJECTS-OTHER 907.56 884 INSURANCE 1,000.00 885 PAXROLL FUND 300,346.68 887 FLEX BENEFIT FUND 12,877.81 TOTAL ALL FUNDS 1,146,379.29 BANK RECAP: B_ANIC NAME ---- ---------------------------- DISBURSEMENTS BANFL CHECKIDIG ACCOUNT 1,146,379.29 TOTAL ALL BADIKS 1,146,379.29 CITY OF CC)LUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R -89- CITY COUNCIL LETTER lvieeun~ or: Niav t4, zvu~ AGENDA SECTION: CONSENT r,„ n ~ (ORIGINATING DEPT: I CITY MANAGER NO: ~ '!~ ~ ~-~ o FINANCE P.PPILr }oiAL ITEM: APPROVAL OF SITE AND BUILDING BY: WILLIAM ELRITE BY` PLAN AND AUTHORIZATION TO SEEK. BIDS DATE: 05/09/2007 D . T ;~ ~r ~ ~ ;1 NO: -` ' T11e schematic design for the liquor stores was approved by the City Council at the meeting of March 26th and authorization was given for the architect to proceed with the site plans and building design. On April 2°d staff and the architects met with the City Council to explain that using the current design plans, which included very high quality materials, mezzanines in both stores, and a basement at the 50`'' and Central Avenue store, was projected to run approximately $ l .8 million over budget. As this cost projection was unrealistic, both buildings were scaled back significantly. Construction materials were reduced considerably but will still maintain a high. quality appearance on the street side of the buildings. The mezzanines were removed and both buildings were reduced in square footage. With these reductions, the projected cost is approximately $800,000 over staff's initial estimates. Attached are the liquor store project updates of March 30t~' and April 2°`~, which provide more detail regarding the reasons for the increased cost and the effect this will have on the project. Increasing the bond by $800,000 will add. approximately $60,000 to our annual principal and interest payment. On the surface this sounds like a lot; however, the original Pro-forma projected that the entire bond principal and interest would be covered. by the amount we would be paying for rent. On that basis, the $60,000 is the only additional amzual expense that we would incur for two new stores. On May 7`~' the City Council met with the architects at a work session and reviewed the final building designs and site plans. During this review it was very clear that the buildings exceed nearly all zoning and design guideline standards. Major areas where they exceed minimum requirements are the number of parking spots provided, the amount of window space, and in the landscaping, primarily the number of trees that are included. From this review it was very clear that the store on Central Avenue will clearly exceed minimum design guidelines and will set an excellent example for future developers. The site plans were presented to the Planning & Zoning Commission at the May 15` meeting. Both site plans were approved as being fully compliant with zoning and design guideline standards. At this meeting there was much discussion about providing a sidewalk on the 50`x' Avenue side of the building. This could be accomplished by removing the trees and green area from the 50`h Avenue side. However, staff is opposed to this as it would greatly diminish the design of the site. If all of the trees on the 50`x' Avenue side were removed, the plan would no longer meet design guidelines. Also, a sidewalk that only nuls a few hundred feet and ends in an alley could potentially be a safety hazard for pedestrians. City staff and the architects will be available at the May 14`h City Council meeting to provide additional information. RECOMMENDED MOTION: Move to approve the liquor stare site plans and building designs and to authorize Oertel Architects to seek formal constr.2ction bids. WE:sms Ci703301000NCiI.d C70402:000P:CIL.d a~osoyiccniNCtt Attachments: COUNCIL ACTION: -so- T®: THE HONORABLE GARY PETERSON CITY COUNCIL MEMBERS TAMI DIEHM BRUCE KELZENBERG BRUCE NAWROCKI BOBBY WILLIAMS WALT FEHST, CITY MANAGER FROM: WILLIAM ELRITE, FINANCE DIRECTOR RE: MARCH 30, 2007 LIQUOR STORE PROJECT UPDATE At the March 26`" City Council meeting the council approved a schematic design concept for the new liquor stores. Tl~e proposal presented by the architect was to build very comparable stores on both 37`I' and 50"' Avenue with both stores meeting the Central Avenue design gttidelines and utilizing ahigh- quality product in the exterior design. Under this presentation the result would have put us approximately $1.8 million over budget. This presentation was simply to demonstrate what could be done if the budget was not a significant factor. Since then Oertel Architects has scaled down. the design for the store on 37`'' Avenue as shown in Option 5. This version lowers the building significantly, removes the inside mezzanine area, and would utilize a lower quality construction material on the north and east sides of the building. The Hart Street and 37`I' Avenue sides of the building would utilize a higher quality material but we would have the option to blend in stucco or a cut block on the upper portion of the building. Making these modifications to the original proposal for 37"' Avenue brings the estimated construction cost close to our budget. Currently Oertel Architects is working on the desigm concept for 50`i' and Central to reduce projected constriction costs. It should be noted that in June of 2006 we contracted with Welsh Companies to perform a site design and a site survey for the 50`" and Central Avenue store along with preliminary pricing. Welsh Companies came up with a projected cost summary of $2,014,384 for the construction of the stare including demolition of the current buildings and site preparation. h~ reviewing the work performed by Welsh Companies, it appears that their projection of costs did not take into consideration the significant grade of this property, as their projected cost did not include a basement or retaining wall. Although, at this tinge, it appears that Oertel tivill be able to downgrade some of the construction materials and make a few other modifications to bring the building casts closer to our budgeted amount, the costs for the basement area andlor retaining wall may exceed the original. cost summary prepared by Welsh Companies, Staff will be meeting with Oertel Architects before Monday night`s meeting and we may have additional information available to hand out at that time. wE:sms - 91 - 07t}33OUIC'(}t_)NC(t_ NewStore37th.pdf NevaStoreCentral.pdf 37th and Hart OPTIONS 3j30/07 50th and Central OPTION 1-B TO: THE HONORABLE GARY PETERSON CITY COUNCIL MEMBERS TAMI DIEHM BRUCE KELZENBERG BRUCE NAWROCKI BOBBY WILLIAMS WALT FEHST, CITY MANAGER FROM: WILLIAM ELRITE, FINANCE DIRECTOR RE: APRIL 2, 2007 LIQUOR STORE PROJECT UPDATE (Page 1 of 2) City staff met with representatives from Oertel Architects this morning. As was reported in Friday's update a.nd at the last City Council meeting, projected costs are running in excess of the budgeted amount. Oertel Architects has done significant work on the 37th Avenue site by lowering the building profile, eliminating the mezzanine, and cutting back in other areas. This will bring the projected cost of the building closer to the original projected budget. However, even with these modifications the projected. ovemin for this building is approximately $200,000. The site on Central Avenue has more challenges with one of the most significant being to meet the City's design guidelines. The schematic design that was approved for this building does exceed minimum desibm guidelines with the materials proposed and the towered entryway. However, the brick and stonework on the front of the building and tower adds to its appeal, but does increase the cost. The other complication for this building is the great slope of the lot, which made adding a basement to the project the most cost effective solution. At today's meeting Oertel Architects did explain that they have downgraded materials on the rear sides of the building, which wilt reduce costs. We have also eliminated the mezzanine area from the Central Avenue site along with a slight overall downsizing in the building. However, even with these adjustments we are still projecting a total building budget overrun on the project between 20 and 23%. It should be noted that the final pro-forma that was prepared for the Central Avenue project was based on Welsh Companies construction estimate of $2,014,384. This estimate was low for several reasons. First, it was based on constructing a building that met the tninilnttm aspects of our design guidelines. Although Welsh Companies had prepared the site survey that showed the 12-foot grade difference; it does not appear that they accounted for this in their construction estimate. In addition to this, their cost was based on doing adesign-build concept. A design-build concept could have eliminated several expetzses. However, it was later discovered that under Mit^,nesota statutes cities cannot enter into design-build contracts. Subseclucntly, we are to the point where we have only a few options. One wot.tid be to significat~ttly cut back on the size of the store, which could greatly infringe on the future and long-teen profitability of the operatiat~t. The other alternative is to greatly downgrade the constntction materials and design to a point where ~~ would only meet the minimum design guideline 37th and Hart OPTtON S 3/30j47 50th and Central OPTION t-B Page Two standards. The third alternative is to increase the budget to cover the cost of constructing awell- designed building that the City of Columbia Heights can be very proud of. The most significant concern on increasing the construction budget is the effect it will have on the future profitability of the liquor operation. Adding $800,000 to the bond would increase our annual principal and interest payment by approximately $60,000. On the surface this sounds like a lot. However, the original pro- forma projected that the entire bond principal and interest would be covered by what we would be paying for rent. On that basis, the $60,000 is the only additional annual expense that we would have for two new stares. W E: sms 0704021 COUNCIL -83- n~>~~r-~T A -~-ruTrr~r~lrC 1795 SAINT CLAIR AVENUE, ST. PAUL, MN 55105 TEL: 651 /696-5186 www.oertelarchi tects.com FAX: 65 t /696-5188 DATE: Apri12, 2007 TO: City of Columbia Heights ATTN: Bill Elrite COPY: Walt Fehst, Larry Scott, Jeff Sargent, Jeff Oertel, Andrew Cooper FROM: Diane Trout-Oertel RE: Top Valu Liquor Stores MEMORANDUM At our meeting this morning, Oertel Architects presented revised store plans that could be constructed for an estimated $3,790,000 excluding so-called "soft costs." When it was determined that these salt costs were to be accounted for in the building budget, we were asked to provide an estimate of soft for both stores as follows: • Architectural and Engineering Fees 188,000 • Printing and issuing construction documents far public bidding 12,000 • Soil borings 5,000 • Testing during construction 18,000 • Telecommunication requirements 15,000 • Security requirements 30,000 • Shelving and misc. store fixtures 62,000 These soft costs, which amount to an estimated $334,000, do not include demolition, hazardous material abatement, or soils corrections because we understand that these items will be handled separately. If they are to be included here, please allow additional funds to cover them. In any case, it would be wise to include a 10% cantingency, bringing the budget for soft costs to $367,400. Added to our $3,790,000 estimate for construction, the total project budget would be $4,157,400 instead of the $3.5 million currently allocated. Of this total amount, approximately $2,280,000 is earmarked for Store #1 (50`h Street and Central}. We were asked to identify why current estimates exceed the preliminary pricing for Store #1 (SOi" Street and Central) that was prepared by Welsh Construction in May of 2006. At that time, This store was estimated to have a total project cost of $2,014,384. We suggest that there are prabably a number of reasons including: • The cost per square foot used was $I30 per square foot vs. our $140 per square foot factor, prabably due to less expensive construction. materials on exterior (concrete block and some brick). • Na elevator was included and retaining walls were estimated at only $12,000 vs. our estimate of $30,000. It is not clear how the substantial slaps on the site was to be accommodated. - 94 - /~~ 1795 SAINT CLAIl2 AVENUE, ST. PAUL, MN 55105 TEL: 651(696-5186 www.oertelarchitects.com FAX: 651/696-5188 • Several line items were approximately 8 to 11 % lower than we would feel comfortable with. • Design fees were approximately 40% lower than the architectural and engineering fees on this project. • Walk-in coolers are 10% less than estimates we have received from vendors. • The Welsh estimate is now a year old, which might make some difference. To summarize, the type of buildings Welsh typically constructs, and is used to estimating, are no-frills buildings which would not meet the City's Design Guidelines. Please call if you require additional information. _ g ~ _ `a ~^'o,c~~'?~'ac.m'aa ~~.~Srctf. "_.t.'.~'"~-t.~''+.7 ~GL~~t.:r•~:>_~:~'r_ .~.".,-,"j`~"~dl'fsi."~ -~~~f'~q`-. ,5,~>.c*ti~:N:,: -_ ?i May 15, 2006 A YY E L S N C O M V A d Y ~, Walter R Fehst, City Manager City of Columbia Heights 590 - 40a' Avenue N.E. Columbia Heights, MN 55421 1tE: Preliminary pricing for new Municipal Liquor Store, 2007 Construction Dear Mr. Fehst: Welsh Construction is pleased to provide you with preliminary pricing for your new slab-on- grade 13,9$0 square foat Liquar Store building at the SW comer of Central Ave. and SOs' Street in Columbia Heights, Minnesota. The fotlowing.pricing is based an our meeting on May 2, 2006 and sketches provided by Larry Scott. Welsh Construction priding assumes construction will begin on or about Apri115, 2007, with contract documents being complete in late December 2006 to mid January 200?. This will allow us to take advantage of winter pricing which is typically a slower period for subcontractors who aze looking to log secured spring work. The design and fagade of this building assumes the following: • Building footprint of 130' x 100' • 26'-0" high walls with parapet for screening rooftop egnipment • Primary building materials of load=bearing, integral colored, textured CMU and brick • A minimum of 20% window glazing at primary and secondary elevations • Loading dock and trash area along rear of building at alley • Mezzanine area of approximately 1000 square feet With the assumptions and schedule referenced herein Welsh Construction will provide the work described far the amount of $2,014,384 -based an the level of information we have at this time, we feel the final project cost could be {t/-} ~10%. Please reference the attached . Summary of Building Costs & Clarifications and Project Cost Summary for a detailed breakdown and any further clarifications. Within this price we have included a Contractor's contingency to absorb possible ma#erial and labor increases, and an owner's contingency for possible scope changes. >f both of these contingencies are not needed in whole or in part, they will be credited bask to the owner at the completion of construction. Please note, if the project is unable to proceed within the timeframe outlined herein, then we may require an adjustment to pricing depending on the extent of the delay. We are excited to work with you and are committed to make this a successful project. If you , have any questions, feel free to contact me at (952) 897-7844 or Bill Krake at (952) 897-7850. R~es~pectfully, 7807 CreskrFdge Circle, MirmeapaTis, MN 55439-2605 '7~t 952.897.7860 Fnx 552897.7868 wunu.uselshconsfn:cf.casn -96- COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: Ma 14, 2007 AGENTDA SECTION: Public Hearing ~ ~ ORIGINATING DEPARTMENT: CITY MANAGER'S i lyC-: Sri Cpni,nfinity i~eveiopment APPROv'AL ITEM: 1st Reading: Ordinance 1525, Zoning BY: Jeff Sargent, City Planner BY: ~ Amendment to the Zoning Code as it Relates to ~ DATE: May 9, ~00~ ~ f ~ ., ~;' ~ P Used Auto Sales and Rentals. BACKGROUND: On November 13, 2006, the City Council adopted Ordinance 1515, amending the City Code as it relates to used automobile sales in the GB, General Business District. Subsequent to the adoption of the new ordinance, City staff realized that certain language in the ordinance was inadvertently left in the code, making the new ordinance difficult to understand. The purpose of Ordinance 1515 is to restrict used auto sales activity throughout the City of Columbia Heights. The intent of Ordinance 1515 is to allow a used auto sales business as a stand-alone entity, as long as the used autos and the business are fully contained within a building. The purpose of the current proposed ordinance is to further clarity Ordinance 1515, making it easier to understand. It should be noted that the intent of Ordinance 1515 would not be altered in any fashion. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1525, being ample copies available to the public. Move to set the second reading of Ordinance No. 1525 for Tuesday, May 2~3, 2007, at approximately 7:00 pan. in the City Council Chambers. Attach~rtents: Z~ratt Or-dhurtace 1 X25, P+Z Re nrt COUNCIL ACTION _97_ DRAFT ORDINANCE NO. 1 S25 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF ?005, RELATING TO USED AUTOMOBILE SALESiRENTAL The City of Columbia heights does ordain: Chapter 9, Article I, Section 9.107 (C)(7) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C') Sperific Developrnc~nt Stcznclczz•cls. development standards: "1'he following uses are subject to specific (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) An open-aired. used ear auto and truck sales or rental lot as a stand- alone business is prohibited. c) Used oars automobiles may be sold or rented as a stand-alone business if the used automobiles and associated business i-s are contained within a building. d) Used ~ automobiles may not be sold accessory to businesses other than new car dealerships. fie) Outdoor vehicle display areas w°ithin the public right-of-way are prohibited. ~}f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. b s-tt~fi`~C-oEl: ~}g) , p~=e{4Eled-~-n~~~: The outdoor storage of inoperable, jtulk vehicles and vehicles with expired tabs is prohibited. j~h) Music or amplified sounds shall not be audible from adjacent residential properties. as - Rr r . 1=}i} An appropriate transition area betvvreen the use and. adjacent property shall hP nrnvirlPrl by l;~nr3scanins7_ screening nr ether site improvements ------- -'- r'-'------ -~ ---------'r ---c- ---- --c consistent with the character of the neighborhood. m-}j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall. be Located a minimum of ten. (10) feet above grade and shall be directed away from residential uses. All storage tams shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded. by: Roll Call: Mayor Gary L. Peterson. Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -99- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0505 DATE: May 1, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Used Auto Sales and Rentals PREPARED BY: Jeff Sargent, City Planner BACKGROUND On November 13, 2006, the City Council adopted Ordinance 1515, amending the City Code as it relates to used automobile sales in the GB, General Business District. Subsequent to the adoption of the new ordinance, City staff realized that certain language in the ordinance was inadvertently left in the code, making the new ordinance difficult to understand. The purpose of Ordinance 1515 is to restrict used auto sales activity throughout the City of Columbia Heights. The intent of Ordinance 1515 is to allow a used auto sales business as a stand-alone entity, as long as the used autos and the business are fully contained within a building. The purpose of the current proposed ordinance is to further clarify Ordinance 1515, making it easier to understand. It should be noted that the intent of Ordinance 1515 would not be altered in any fashion. COMPREHENSIVE PLAN The Comprehensive Plan will not be affected with the proposed amendment because the Comprehensive Plan supports all uses within the GB, General Business District. FINDINGS OF FACT The City Council shall make the following findings before granting approval of a request to amend the City Code. These findings are as follows: a} The amendment is consistent with the comprehensive plat. goo City of Columbia Heights Planning Commission May 1, 2007 Text Amendment, Used Auto Sales Case # 2007-0505 TL. .. .. .J ... ,,r.... r.L ..F., .~.f iifin fir` Tern re rr, /^r ixn nirrn Dlnn t flC pr(J(JUJCU allfelrUllleltt !s Vo%/siJtGnt 'vvrur urc vvrrr~rcrrcnorvc r Burr because the Comprehensive Plan supports commercial acfivity throughout the City in designated areas. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would clarify an existing ordinance, making it easier for the public to interpret and understand. c} Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed amendment does not change the zoning classification of a particular property. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The proposed amendment does not change the zoning classification of a particular property. RECOMMENDATION City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would clarify are existing ordinance, making the ordinance easier to interpret and understand. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments • Draft Ordinance - ~o~ - Page 2 CITY COUNCIL LETTER Meeting of May 14, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ~ ~ ITEM: Adapt Resolution For BY: Gary Gorman ' Abatement ~` ~, DATE: May 7, 2007 DATE: ~ - ~ NO: 2007-63 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Christopher & Tracy Decker regarding property at 1261- 1263 Circle Terrace Blvd N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-63, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-63, a resolution of the City Council of the City of Columbia Heights declaring the property at 1261- 1263 Circle Terrace Blvd N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: !J~ -~oa- RESOLUTION 2007-63 T).. .. 1..+; ..... ..fi+L ., !"~:.,. l~,,.........:1 F ... +L ,. !'~;+.. ,.F !"~., t....,.,L;., TT,.: .~L+.. ,1 .. ,.i....:.-... +L ..... ,...+_... r.csutu~iwi vi uic L,l~y ~.~ruu~u ivi Luc t..,i~,y Vi ~,viuul~La nci~u~a uccicuui~ l.uc yropct~_y a riuisail~e and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property awned by Christopher & Tracy Decker (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 1261-1263 Circle Terrace Boulevard 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 Apri126, 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 March 21, 2007 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 April 26, 2007, inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on May 2, 2007, 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: A. Shall repair the front storm door that is damaged, on the 1263 side. B. ShaII remove the vehicle from the backyard, it is parked on a Landscaped surface. It must be moved to a hard surface (concrete or asphaltftar). C. Shall. repair the badly damaged driveway. Shall. repair all of the potholes. D. Shall repair the damaged siding on the northwest corner of the building where a vehicle damaged it. E. Shall remove all/any jiink/inoperable vehicles from the property. F. Shall remove all/any outside storage from the property. That alt 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 $.206(A) and $.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1261-1263 Circle Terrace Boule=/ard N.E. is in violation of the provisions of the Cohu-nbia Heights City Cade as set forth in the Notice of Abatement. -~aa- 2. That all relevant parties and parties in interest have been duly served notice of this hearing, aeeu airy voice iiccutu~a ecicvcuee eu tree ava~ceucue vi veveauveea vet uec yrvpcecy ee~ecu auvvc. 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 1261-1263 Circle Terrace Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Carole Blowers Administrative Secretary - ~ 04 - CITY COUNCIL LETTER Meeting of May 14, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ~ ~ ITEM: Adopt Resolution For BY: Gary Gorman .~ Abatement ~~ ~ DATE: May 7, 2007 DATE: NO: 2007-64 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Mohamed M. Essa regarding property at 1611 37`h Avenue N.E. far failure to meet the requirements of the Residential Maintenance Cade. RECOIt~Titi/Il?NDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-64, there being ample copies available to the public. RECOMMENDED MOTION: Move to adapt Resolution No. 2007-64, a resolution of the City Council of the City of Columbia Heights declaring the property at 1611 37`h Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: ~~ - 105 - RESOLUTION 2007-64 n___s_-~e_-_ _ra__ n~~. n__-._-'° r__a__ ^~`-- -r^-s.__s_~_ aa_e_t.._ ~__s_-'--- <~-- -- tCG°.iUIUUUII Ul LIIC LIIY LUU11C:1t IUC U1C LILY UI I.UtUIIlUlct riCI~fIIJ UGl:larlR~T LIIC F3roFlerty it I1LtISIS1C:C and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Mohamed M. Essa (Hereinafter "Owner of Record"). Vdhereas, the owner of record is the legal owner of the real property located at 1611 37`h Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on April 26, 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 March 19, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on April 26, 2007, inspectors re-inspected the property listed above. Inspectors noted that two violations remain uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on May 2, 2007, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall install address numbers in the following location(s). On the front of the house, the current numbers are not a contrasting color. Shall change numbers to a contrasting color. B. Shall remove all/any outside storage from the property. 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 16l 1 371'' Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. - 10 6 - 3. That all applicable rights and periods of appeal as relating to the owner of retard, occupant, ar tenant, as the rase may be, have expired, ar such rights have been exercised and _._,_<_, ~aiiipic~cu. ORDER OF COUNCIL 1. The property located at 1611 37`" Avenue N.E. constitutes a nuisance pursuant to City Cade. 2. That a copy of this arder shall be served upon all relevant parties and parties in snterest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Carole Blowers Administrative Secretary ~a7 - CITY COUNCIL LETTER Meeting of May 14, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire 1viANAGER NO: ~ .~ APPROVAL ITEM: Adopt Resolution For BY: Gary Garman r Abatement ~ DATE: May 7, 2007 ATE: ~~ ~ NO: 2007-65 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Andrea Sakry regarding property at 4917 5th Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-65, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-65, a resolution of the City Council of the City of Columbia Heights declaring the property at 4917 5`~' Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: .~ - cos - RESOLUTION 2007-65 n___ti__`c_-_ _r.r__ n_~.n---_r~ r__.~__ n:~-- _rn_i_____L~_ rr_•_~_.__ ~__t_--c-- a__ _....._ _ _-'-__ i`G3UIULIU21 U1 Ii1C Lily I..UUTiGli IUT U1C l.liy Ul I..UIUIRUltt I1Gl~iil:i UCG1i3T1II~ ITtC DIUpeTly cl IlU1SdI1Ge and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Cade, of the property owned by Andrea Sakry (Hereina$er "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4917 5`" Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter $, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certifed mail to the owner of record on April 26, 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 fallowing: FINDINGS OF FACT 1. That on March 15, 2007 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 Apri126, 2007, 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 and regular mail to the owner listed in the property records. 3. That on May 2, 2007, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Address numbers must be a minimum of 4-inch numbers and must be a contrasting color from their background. That all parties, including the owner of record and any occupants ar 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 4917 5~' 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 parries 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 reGOrd, oGGUpant, or tenant, as the Gale may be, have expired, or such rights have been exercised and - 10 9 - completed. VnLE~VA lriV VLVCIL 1. The property located at 4917 5`h Street N.E, constitutes a nuisance pursuant to City Cade. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 200'7 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Carole Blowers Administrative Secretary ~~a CITY COUNCIL LETTER Meeting of May 14.2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY t ~ Fire MANAGER NO: ~ APPROVAL ITEM: Adopt Resolution Far BY: Gary Gorman BY: Revocation DATE: May 7, 2007 ~ T .,3 NO: 2007-66 ~ Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Amino Yakubu regarding rental property at 4636 Washington Street N.E. for failure to meet the requirements of the Residential Maintenance Caries. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.200'7-66, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-66, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Amino Yakubu regarding rental praperiy at 4636 Washington Street N.E. COUNCIL ACTION: o~ - 111 - RESOI.vTION 2ao7-66 Resolution of the City C ouncil for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Arnina Yakuubu (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 4636 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.4a8(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 11, 2007 of an public hearing to be held on May 14, 2ao7. 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 March 28, 2007, 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 April 11, 2007, 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 Cade were found to exist, to- wn: a. Failure to submit a rental license application. 4. That ail parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the pmvisions of the City Code, Chapter SA, Article III SA.3a6 and SA.3a3(A}. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F'7616 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the f rst day of posting of this Order revoking the license as held by License Holder. - 112 - Passed this day of 2~.~u ! Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Carole Blowers Administrative Secretary - 113 - CITY COUNCIL LETTER Meetin of: Ma 14 2007 AGENDA SECTION; Resolutions ORIGINATING DEPARTMENT' CIT A NO: ~ PUBLIC WORKS t ~ ~ ITEM: Adopt Res. 2047-57 for issuance of Revenue Bonds i BY: Walt Fehst i > ids: ~ 'v,- -%(j j /' ~ I DATE: May 9, 2007 DATE: Background This bond resolution is to authorize the issuance, sale and delivery of City of Columbia Heights, Minnesota Multifamily and Healthcare Facilities Revenue Refunding Bonds, Series 2007A Taxable Multifamily and Healthcare Facilities Revenue Refunding Bonds, Series 2007B (Crest View Corporation Projects}. ~~ The proceeds derived from the sale of the revenue bonds to be issued pursuant to the Program will be loaned to Crest View Corporation, a Minnesota nonprofit corporation, or a related organization, or an organization to be formed and applied to: (i} refund the outstanding principal amount of the following obligations issued by the City: (a} Multifamily and Health Care Facilities Revenue Bonds (Crest View Project), Series 1998; (b) Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan -Crest View ONDC I Project), Series 2002A-1; (c) Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan -Crest View ONDC 1 Project}, Taxable Series 2002A-2; and (d) Multifamily Housing Revenue Note (Crest View ONDC I Project), Subordinate Series 2002B; (ii) finance capita! improvements to certain facilities owned by the Borrower, including Royce Place, a 50-unit board and lodging facility, The Boulevard, a 74-unit senior housing facility, Crest View Lutheran Home, a 122-unit licensed nursing facility, all located at 4444 Reservoir Boulevard in the City; and Crest View on 42nd, a 50-unit assisted living and memory care facility located at 900 - 42nd Avenue N.E. in the City (collectively, the "Projects"); (iii) fund one or more reserve funds; and {iv} pay the costs of issuing the Bonds. Council should consider adoption of the resolution to authorize the issuance, sale and delivery of City of Columbia Heights, Minnesota Multifamily and Healthcare Facilities Revenue Refunding Bonds, Series 2007A Taxable Multifamily and Healthcare Facilities Revenue Refunding Bonds, Series 2007B (Crest View Corporation Projects). The Bonds will be issued by the City in one or more series and will be special, limited obligations of the City payable solely from the revenues derived from the Projects and pledged to the payment thereof, and will not constitute general or moral obligations of the City or be secured by any taxing powers of the City. Motion: Move to waive the reading of Resolution No. 2007-67, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2007-67, authorizing the issuance, sale, and delivery of Multifamily and Health Care Facilities Revenue Refunding Bands (Crest View project), Series 2007A, and Taxable Multifamily and Health Care Facilities Revenue Refunding Bands (Crest View project}, Series 2007B, payable solely from revenues pledged pursuant to the indenture; approving the form of and authorizing the execution and delivery of the bonds, and the related documents; and providing for the security, rights, and remedies with respect to the bonds. COUI~tCIL ACT1C}N: - 114 - 470 U.S. Bank Plaza zoo south sixth sweet RAinnranntic A~1N 55d(17_Id4R ~~~~~~~~_ (612}331-9300 telephone (612} 337.9310 fax C H A R T E R E D http:/Jvlww.kennedy-graven.com Affirmative Action. Equal aPPrni°mry Em}~loyer May 4, 2007 Walter Fehst William E(rite 590 - 40`'' Avenue NE Columbia Heights, Minnesota 55421-3878 Re: City Administrative Fee for Conduit Revenue Bond Financings The City has granted preliminary approval to the issuance of the following conduit revenue bonds: (i) Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View Project), Series 2007A (the "Series 2007A Bonds"), in the approximate aggregate principal amount of $21,500,000; and (ii) Taxable Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View Project), Series 2007B (the "Series 2007B Bonds"), in the approximate aggregate principal amount of $1,000,000 (the Series 2007A Bonds and the Series 2007B Bonds are hereinafter referred to collectively as the "Series 2007 Bonds"). The City Council will consider a resolution on Monday, May 14, 2007 to authorize the issuance of the Series 2007 Bonds. 1n accordance with Resolution No. 98-31, adopted on February 23, 1998, the City instituted an administrative fee policy (the "Policy") with respect to conduit revenue bonds issued pursuant to Minnesota Statutes, Chapter 462C or Minnesota. Statutes, Sections 469.152 - 469.1651., as amended. The Policy imposes an administrative fee on the conduit borrower with respect to all conduit revenue bonds issued by the City. The administrative fee of the City (the "Administrative Fee") is payable by tl~e conduit borrower as fallaws: (i) the product of one-half of one percent (0.5°fo} and the outstanding principal amount of bonds as of the date of issuance of the bands (the "initial Fee"), payable on the date of issuance of the bonds ; (ii) the product of one-ha}f of one percent (0.5%) and the outstanding principal amount of the bonds as of the first anniversary of the date of issuance of the bonds ("First Anniversary Fee"), payable an or before the first anniversary of the date of issuance of the bonds; and (iii) the product of one-tenth of one percent (O.lo1o) and the outstanding principal amount of the bonds as of each subsequent anniversary of the date of issuance of the bonds (the "Ongoing Fee"), payable an each subsequent anniversary of the date of issuance of the bonds. It is my understanding that Crest View Corporation has discussed with a City Council. Member the application of the Administrative Fee to the Series 2047 Bonds. Crest View Corporation has argued that the Initial Fee and the First Anniversary Fee should not be imposed on the Series 2007 Bonds because the Series 2007 Bonds are refunding bonds and the Initial Fee and the First Anniversary Fee were paid with respect to the bonds to be refunded by the Series 2007 Bonds. The City Council Member requested that we comment on the application of the Administrative Fee to the Series 2007 Bonds. - ~2s - Many cities impose administrative fees in connection with the issuance of conduit revenue hrtnrle Thp am~iinfi and tha man»er ~f navment of these administrative fees varies. There are no r-~ ------- - -- limitations imposed by Minnesota law on the amount of such administrative fees. Federal income tax !aw does impose limits under Section 148 afthe Internal Revenue Code of 1986, as amended (the "Code"}. The Policy recognizes this limit and states in part: If bonds are issued by the City as obligations the interest on which is not includable in grass income for purposes of federal taxation, the administrative fees imposed by this resolution will be adjusted, if necessary, to ensure compliance with any arbitrage limitations imposed by Section 148 of the Internal Revenue Code of 1986, as amended (or any successor statute). T11e City Manager is provided sole discretion, upon advice of counsel to the City or bond counsel, as to the necessity of adjusting the administrative fees and the nature and amount of such adjustment in order to comply with federal arbitrage limits. The imposition of the Initial Fee and the First Anniversary Fee with respect to the Series 2007 Bonds is legal and valid (subject to any adjustments that are required by the arbitrage limitations under Section 148 of the Code}. Any proposed waiver of the Initial Fee and the First Anniversary Fee by the City is a policy question far the City Council of the City and is not an issue that we can address as bond counsel to the City. Kennedy & Graven, Chartered John U ey CL163-038 (JU} 310629v,1 - 116 - RESOLUTION N0.2007-67 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY 4F MULTIFAMILY AND HEALTH CARE FACILITIES REVENUE REFUNDING BONDS (CREST VIEW PROJECT"}, SERIES z007A, AND TAXABLE MIJLTIFAI~IILi' AlVfii HEALTH CARE FACILITIES REVENUE REFUNDING BONDS (CREST VIEW PROJECT}, SERIES 2007B, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS, AND THE RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS. WHEREAS, the City of Columbia Heights, Minnesota (the "City"}, is a home rule city and a political subdivision duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and taws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds or other obligations to make a loan to finance a multifamily housing development, including the financing of the costs of the acquisition and preparation of a site and the construction of a new multifamily housing development for rental primarily to elderly persons; and WHEREAS, a multifamily housing development may consist of a multifamily housing development and a new health care facility if (i} the multifamily housing development is designed and intended to be used for rental occupancy; (ii) the multifamily housing development is designed and intended to be used primarily by elderly or physically handicapped persons; and (iii} nursing, medical, personal care, and other health related assisted living services are available on a 24-hour basis in the development to the residents; and WHEREAS, in the issuance of its revenue bonds or obligations and in the making of a loan to finance a multifamily housing development the City may exercise, within its corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, under the Act, the City may also issue revenue bonds far the purpose of refunding any revenue bands of the City previously issued under the Act, including the payment of any redemption premium and any interest to accrue to the redemption date; and WHEREAS, an August 1 S, 19$7, the City issued its Health Care Facility Revenue Bonds (Crest View Lutheran Home Project), Series 1987 (the "Series 1987 Bonds"}, in the original aggregate principal amount of $4,400,000, for the benefit of Crest View Corporation, a Minnesota nonprofit corporation (the "Corporation"}, formerly known as Crest View Lutheran Home, for the purpose of financing the reconstruction, improvement, rehabalitat~on and equipping, including the construction of a building addition to Crest View Home, a 122-unit licensed nursing facility located at 4444 Reservoir Boulevard N.E. in the City ("Crest View Hame°'}, including the discharge and refinancing of certain outstanding indebtedness of Crest View Lutheran. Hame incurred therefore; and WHEREAS, an May 19, 1991, the City issued its Board and Care Facility Revenue Bonds (FHA Insured Mortgage Loan -Royce Place Project}, Series 1991A (the "Series 1991A Bands"}, in the original aggregate principal amount of $2,770,0(70, and its Board and Care Facility Revenue Bands (Royce Place - ~~~ - Project}, Series 199 t B (the "Series 1991 B Bonds"}, in the original aggregate principal amount of $560,000. The Series 1991 A Bonds and the Series 1991 B Bonds (collectively, the "Series 1991 Bonds") were issued to provide funds to the Corporation to finance the costs of the acquisition, construction, and equipping of Royce Place, a 50-unit board and care facility located at 1515 44th Avenue N.E. in the City ("Roves Place"): and WHEREAS, on March 3 t, 1998, the City issued its Multifamily and Health Care Facilities Revenue Bonds (Crest View Project}, Series 1998 (the "Series 1998 Bonds"}, in the original aggregate principal amount of $10,130,000. The Series 1998 Bonds were issued to defease the Series 1987 Bonds and the Series 1991 Bonds, to redeem certain other outstanding indebtedness of the Corporation, and to finance certain improvements to the existing facilities of the Corporation; and WHEREAS, on January 24, 2002, the City issued its: (i) Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan -Crest View ONDC I Project}, Series 2002A-1 in the original aggregate principal amount of $5,000,000 (the "Series 2002A-1 Bonds"}, (ii) Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Laan -Crest View ONDC I Project}, Taxable Series 2002A-2 in the original aggregate principal amount of $110,000 (the "Series 2002A-2 Bands"}; and (iii) Multifamily Housing Revenue Nate (Crest View ONDC I Project), Subordinate Series 2002B (the "Series 2002 Nate"}, in the original aggregate principal amount of $200,000 (the Series 2002A-1 and the Series 2002A-2 Bands are hereinafter referred to as the "Series 2002 Bonds" and the Series 2002 Bands and the Series 2002 Nate are hereinafter referred to as the "Series 2002 Obligations"); and WHEREAS, the Series 2002 Obligations were issued to finance the acquisition, development, construction, and equipping by Crest View ONDC I, a Minnesota nonprofit corporation ("Crest View ONDC I"), of Crest View on 42nd, a 50-unit multifamily housing assisted-living and memory-toss facility for seniors located at 900 - 42nd Avenue N.E., in the City ("Crest View on 42nd"); and WHEREAS, Crest View on 42nd is currently owned and operated by Crest View ONDC I and is expected to be transferred to the Corporation in connection with the issuance of the Series 2007 Bonds, as described below; and WHEREAS, the Corporation has requested that the City issue its: (i) Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View Project), Series 2007A (the "Series 2007A Bonds"}, in the approximate aggregate principal amount of $21,500,000; and {ii}Taxable Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View Project), Series 2007B (the "Series 2007B Bonds"), in the approximate aggregate principal amount of $1,000,000 (the Series 2007A Bonds, and the Series 2007B Bonds are hereinafter referred to collectively as the "Series 2007 Bonds"}; and WHEREAS, the proceeds of the Series 2007 Bonds are to be loaned to the Corporation, and the proceeds of the loan are to be applied to: (i) refund the outstanding principal amount of the Series 1998 Bonds and the Series 2002 Obligations, and pay or prepay certain ether indebtedness of the Corporation; (ii} finance capital improvements {the "Improvements"} to certain facilities owned by the Corporation, including Royce Place, The Boulevard, a 74-unit senior housing facility located at 4458 Reservoir Boulevard N.E. in the City ("The Boulevard"), Crest View Home; and Crest View on 42nd (collectively, the "Facilities"}; (iii) fund one or more reserve funds; and {iv) pay the costs of issuing the Series 2007 Bands; and WHEREAS, at a regular meeting of the City Council of the City conducted on April 9, 2007, the City Caunctl adopted a resolution declaring its preliminary intention to issue the Series 2007 Bonds, subject to compliance with the terms and conditions of the Act, and subject to final agreement between the City, the Corporation, and the initial purchaser of tlae Series 2007 Bands as to the terms and conditions thereof; and -~~s- 2 WHEREAS, the Series 2007 Bonds are proposed to be issued pursuant to the terms of an Indenture of Trust, dated on ar after May 1, 2007 (the "Indenture"}, between the City and Welis Fargo Bank, National Association, a national banking association, as trustee (the "Trustee"}, and the proceeds derived from the sale of the Series 2007 Bonds will be applied to fund a loan (the "Loan") to the Corporation pursuant to the terms of a Loan Agreement. dated on or after Mav 1.2007 tthe "Loan Agreement"), between the City and the Corporation; and r WHEREAS, neither the City nor the State of Minnesota nor any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged under the terms of the Indenture} shall be liable on the Series 2007 Bonds, and the Series 2007 Bonds shall never be a debt of the City or the State of Minnesota or any political subdivision thereof {other than the City and then only to the extent of the trust estate pledged under the terms of the h~denture), and in any event shall never give rise to a charge against the general credit or taxing powers of the City, Anoka County (the "County"), the State of Minnesota, or any political subdivision thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THAT: Section 1. The City acknowledges, finds, determines, and declares that the issuance of the Series 2007A Bonds and the Series 2007E Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Series 2007 Bonds and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the best interests of the City. Section 2. For the purposes set forth above, the Series 2007A Bonds are hereby authorized to 6e issued in an original principal amount not to exceed $21,000,000 and the Series 20078 Bonds are hereby authorized to be issued in an original principal amount not to exceed $600,000. The Series 2007A Bonds shall bear interest at rates not to exceed five and three-quarters percent (5.75°l0} per annum. The Series 20078 Bonds shalt bear interest shall bear interest at rates not to exceed eight and one-half percent {8.50%) per annum. The Series 2007 Bonds shall be in such denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the terms of the Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Series 2007A Bonds to be issued as tax-exempt bonds the interest on which is excludable from gross income for federal income tax purposes and excludable from net taxable income for State of Minnesota income tax purposes. The City hereby authorizes the Series 2007E Bonds to be issued as taxable bands the interest on which is includable in grass income for federal income tax purposes and excludable from net taxable income for State of Minnesota income tax purposes. All of the provisions of the Series 2007 Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2007 Bonds shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the principal amount, the maturity schedule, optional and mandatory redemption terms, mandatory sinking fund payment schedules, and other terms and provisions of the Bands) as the Mayor and the City Manager of the City (the "Mayor" and "City Manager," respectively}, in their discretion, shall determine. The execution of the Series 2007 Bands with the manual or facsimile signatures of the Mayor and the City Manager and tl~e delivery of the Series 2007 Bonds by the City shall be conclusive evidence of such determination. Section 3. The Series 2007 Bands shall be special, limited revenue obligations of the City payable solely from the revenues of the Facilities pledged to the payment of the Series 2007 Bonds in accordance with the terms of the Indenture. The Series 2007 Bonds do not constitute a general or moral - 119 - obligation of the City, and the City has net pledged its full faith and credit or taxing powers to the payment of the Series 2007 Bonds. The Series 2007 Bonds do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. The Series 2007 Bonds do not constitute an indebtedness of the City except to the extent of the trust estate pledged under the Indenture, and do not constitute an indebtedness or liability of the County or the State of Minnesota. The City hereby authorizes and directs the Mayor and the City Manager to execute the indenture and to deliver the Indenture to the Trustee and hereby authorizes and directs the execution of the Series 2007 Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the City, and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be apart of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 4. The Mayer and the City Manager are hereby designated as the representatives of the City with respect to the issuance of the Series 2007 Bonds and the transactions related thereto and are hereby authorized and directed to accept and execute the Bond Purchase Agreement, dated on ar after May 1, 2007 (the "Bond Purchase Agreement"), between Piper Jaffrey & Co. (the "Underwriter"), the City, and the Corporation. All of the provisions of the Band Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement shall be substantially in the form on fle with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section S. The Mayor and the City Manager are hereby authorized and directed to execute the Loan Agreement, and when executed and delivered as authorized herein, the Loan Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Laan Agreement shall be substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such forms and as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 6. The Mayor and the City Manager are hereby authorized and directed to execute and deliver all other instruments and documents necessary to accomplish the purposes for which the Bonds are to be issued and the Indenture, tl~e Laan Agreement, and the Bond Purchase Agreement are to be executed and delivered. The City Council hereby authorizes the preparation and filing of Uniform Commercial Code financing statements (with respect to the assignment of the interests of the City in the Loan Agreement and the other loan documents to the Trustee, far the benefit of the owners of the Bonds, other than the rights of the City relating to repayment of expenses, indemnity, payment of attorneys' fees, and repayment of advances of the City}. Section 7. The City hereby consents to the preparation and distribution of a Preliminary Official Statement and an Official Statement with respect to the offer and sate of the Series 2007 Bands (collectively, the ``Official Statement") as requested by the Underwriter and the Corporation; provided ~za - 4 that it is understood that the City has not been requested to participate in the preparation of or to review the Official Statement and has not done so. The City has made no independent investigation of the facts and statements set forth in the Official Statement; accordingly, the City assumes no responsibility with respect thereto including, without limitation, as to matters relating to the accuracy, fairness, completeness, or sufficiency of the Official Statement. Section S. The Mayor, the City Manager, and other officers of the City are authorized upon request to furnish certified copies of all proceedings and records of the City relating to the Bands, and such other affidavits and certificates as may be required to show the facts relating to the Series 2007 Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained 17erein. Such officers, employees, and agents of the City are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by bond counsel, the Underwriter, the Trustee, or other persons or entities in conjunction with the issuance of the Series 2007 Bands and the expenditure of the proceeds of the Series 2007 Bonds. Without imposing any limitations on the scope of the preceding sentence, such officers and employees are specifically authorized to execute and deliver a certificate relating to federal tax matters including matters relating to arbitrage and arbitrage rebate, a receipt for the proceeds derived from the sale of the Series 2007 Bonds, an order to the Trustee, a general certificate of the City, and an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. January 2002). Section 9. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution or contained in the Indenture, the Loan Agreement, or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representatives, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the City by the provisions of this resolution or of the Indenture, the Loan Agreement, or other documents referred. to above shall be exercised or performed by the City, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, ar agreement contained in this resolution or contained in the Indenture, the Loan Agreement or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any elected official, officer, agent, or employee of the City in that person's individual capacity, and neither the members of the City Council of the City nor any officer or employee executing. the Bonds shall be liable personally on the Series 2007 Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section I0. Except as herein otherwise expressly provided, nothing in this resolution or in the indenture is intended or shall be construed to confer upon any person, firm, or corporation other than the City, the Corporation, and the Trustee, as fiduciary far owners of the Series 2007 Bonds, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provisions thereof; this resolution, the Indenture and all of their provisions being intended to be, and being for the sole and exclusive benefit of the City, the Corporation, and the Trustee, as fiduciary for owners of the Bonds issued under the provisions of this resolution and the Indenture. Section l 1. In case any one or more of the provisions of this resolution, or of the documents mentioned herein, or of the Series 2047 Bonds issued hereunder shall for any reason be held to be illegal ar invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bands, but this resolution, the aforementioned documents, and the Series 2007 Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. The terms and conditions set forth in the Indenture, the pledge of revenues derived from the Facilities, the pledge of collateral derived from the Facilities referred to in the Indenture, tlae - 121 - creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Series 2007 Bands pursuant to and under the Indenture, and the application of said revenues, collateral, and other money are all commitments, obligations, and agreements on the part of the City contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements an the part of the City to create such funds and to apply said revenues, other money, grid proceeds of the Series 2007 Bonds far the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such cammitments on the part of the City are as binding as if contained in this resolution separate and apart from the Indenture. Section 12. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Series 2007 Bonds, and to the execution of the Indenture and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Series 2007 Bonds, and precedent to the execution of the Indenture and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 13. If for any reason the Mayor of the City is unable to execute and deliver those documents referred to in this Resolution, any other member of the City Council of the City, or any officer of the City duly delegated to act on behalf of the Mayor, may execute and deliver such documents with the same farce and effect as if such documents were executed by the Mayor. If for any reason the City Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any member of the City Council or any officer of the City duly delegated to act on behalf of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager. Section l4. This resolution shall be in full force and effect from and after its passage. Date of passage: Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Carole Blowers Administrative Secretary - 122 - COLUMBIA HEIGHTS -CITY Ct3UNCIL LETTER Meeting af: May I4, 2007 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S Other Business Administration APPROVAL Na: ~ ~ ~ , ITEM: Authorize donation BY: Walt Fehst toward Mini Coach for the City DATE: May I0, 2007 .- E: ~ ''/ NO: Background: The city is in need of a mini-coach type bus. The current van is very difficult, if not impossible, for some senior citizens to get in and out of, The Columbia Heights Activity Fund has researched the availability of such a vehicle and found a 2003 Ford 350, 5.4 gas engine, with 99,500 miles for $16,200 plus tax at Superior Transit Sales. The vehicle has steps to the lower level to ease entrances, hand rails and air conditioning, and seats 13 passengers. It is in very good condition. A new vehicle of this type would cost approximately $45,000. This information was presented at the Apri130~' work session, with a request that the city contribute one-half of the cost with the Columbia Heights Activity Fund providing the remaining funds. Recommended Motion: Move to authorize payment of $8,100 plus tax (one-half the total cast) for the purchase of a 2003 Ford 350 mini-coach, to be owned by the city, with the city portion to come from Fund 226 Special Revenues. 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