Loading...
HomeMy WebLinkAboutFebruary 11, 2008 RegularCITY OF COLUMBIA HEIGHTS 590 40~h Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Visit our website at: www.ci.columbia-hei2hts.mn.us Manor Gm~ 1.. Pederson Councilmembers Bober! A. Id'illinms Brace Nairrocki Tnnnnera Diehm Bruce KeLenberg City Manager {('nller R. Fehst The following is the agenda for the regular meeting ofthe City Council to be held at 7:00 PM on Monday, February 11, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-369? for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Ruth Hograbe, Community United Methodist Church 2. PLEDGE OF ALLEGL4NCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted. after the agenda preparation deadline.} 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS 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. Approve minutes of the January 28, 2008 Columbia He~~hts City Council meeting. p5 MOTION: Move to approve the minutes ofthe January 28, 2008 Columbia Heights City Council meeting. B. Accept meeting minutes of the Columbia Heights Boards and Commissions. MOTION: Move to accept the minutes ofthe January 2, 2008 Park and Recreation Commission. p20 MOTION: Move to accept the minutes of the October 23, 2007 HRA meeting. p23 MOTION: Move to accept the minutes of the November 27, 2007 special HRA meeting. p29 MOTION: Move to accept the minutes of the November 27, 2007 EDA meeting p36 MOTION: Move to accept the minutes ofthe January l4, 2008 special HRA meeting. p40 MOTION: Move to accept the minutes ofthe January 17, 2008 Telecommunications p43 Commission meeting. MOTION: Move to accept the minutes ofthe January 17, 2008 Charter Commission meeting. p46 MOTION: Move to accept the minutes of the February 6, 2008 Planning and Zoning p49 Commission meeting. City Council Agenda Monday, February 11, 2008 Page 2 of 4 C. Establish the Local Board of Review meeting date for Monda~pril 7 2008, at 6:00 p.m. in the City Council Chambers. p64 MOTION: Move to establish the Local Board of Review meeting date for Monday, April 7, 2008, at 6:00 p,m. in the City Council Chambers. D. Approve Raffle Little Voyager's Montessori School, St. Timothy's Lutheran Church p65 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy"s Lutheran Church, 825 51st Avenue, Columbia Heights, on Apri125, 2008; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Request Authorization to Purchase Three Replacement Police Vehicles p69 MOTION: Move to authorize the purchase of two 2008 Ford Crown Victoria and one 2008 Ford Taurus police vehicles per the State of Minnesota bid, with funding to come from 431.-42100- 5150 in the amount of $61,375 and to authorize the Mayor and City Manager to enter into a contract for the same. F. Authorize payment of $19 246.69 to Anoka County for administering the 2007 Tax Increment p73 Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses_bei~ charged to the TIF Debt Services Fund and. the General Fund. MOTION: Move to authorize payment of$19,246.69 to Anoka County for administering the 2007 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. G. Adopt Resolution 2008-27 being_a Resolution identifying the need for Minnesota Housing p76 Finance A~encv (MHFA) Community Revitalization Fund (CRV) funding and authorzng_an application for grant funds MOTION: Move to waive the reading of Resolution 2008-27, there being ample copies available to the public. MOTION: Move to Adopt Resolution 2008-27, being a Resolution identifying the need for Mi.~nesota Housing Finance Agency ~MHF<4) Community Revitalization Fund (CRV) fi.~nding and authorizing an application for grant funds. H. Adopt Resolution No. 2008-31 beng a Resolution approving a Conditional Use Permit fora p78 consignment/secondhand store located at 508 - 40th Avenue NE. MOTION: Move to waive the reading of Resolution 2008-31, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-31, approving a Conditional Use Permit for a consignment/secondhand store located at 508 - 40th Avenue, subject to the conditions outlined in Resolution No. 2008-31. I. Authorize staff to seek bids for the Capital Equipment Replacement of Unit #44. Elgin Eagle p88 Street Sweeper MOTION: Move to authorize staff to seek bids for the Capital Equipment Replacement of Unit #44 Elgin Eagle Street Sweeper J. Authorize staff to seek bids for the Capital Equipment Replacement of Unit #70 Ford LT9000 p90 Tandem Axle Dwnp truck and attachments 2 City Council Agenda Monday, February 11, 2008 Page 3 of 4 MOTION: Move to authorize staff to seek bids for the Capital Equipment Replacement of Unit #70 Ford LT9000 tandem axle dump truck and attachments. K. Approval of the attached list of rental housing license applications, in that they have met the p9l requirements of the Residential Maintenance Code. MOTION: Move to approve the items listed for rental 1lousing license applications for February 11, 2008. L. Approve Business License Applications p94 MOTION: Move to approve the items as listed on the business license agenda for February 1 1, 2008 as presented. M. Approve payment of the bills. p96 MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124599 through Check Number 124773 in the amount of $623,083.07. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business 1. Resolution AcceptinP Donation of $125,000 from the estate of Edith P. WarPo for Wargo P104 Court Park MOTION: Move to waive the reading of Resolution 2008-34, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-34 being a resolution to accept the donation of $125,000 from the Estate of Edith P. Wargo for park maintenance and improvements for Wargo Court Park. 2. Public Safety Facility 7. PUBLIC HEARINGS A. Adopt Resolution No. 2008-32, being an amendment to Resolution No. 1998-90 for a lot split at p 106 4121 Stinson Blvd. MOTION: Move to waive the reading of Resolution 2008-32, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-32, approving an amendment to Resolution 98- 90 to remove the requirement for removal of the driveway contingent on the sale of Tract "B" for the property located at 4121 Stinson Blvd., subject to the conditions outlined in Resolution No. 2008-32. B. 1st Reading: Ordinance 1537, Zoning Amendment to create the Public and Open Space District p116 MOTION: Move to waive the reading of Ordinance No. 1537, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1537, for Monday, February 25, 2008, at approximately 7:00 p.m. in the City Council Chambers for zoning amendment to create the Public and Open Space District. City Council Agenda Monday, February 11, 2008 Page 4 of 4 C. Declaration of a miisance and abatement of violations within the Cit~of Columbia Hei hg is is p128 requested regarding_propei•ty at 1316-1318 Circle Terrace Blvd. N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-30 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-30 a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from. the property pursuant to City Code section $.206. D. Revocation ofthe license to operate a rental unit within the City ofColumbia Hei hg is is p131 requested against rental properties at 1308-1310 Circle Terrace Blvd Resolution 2008-28 and 4636 Washington Street, Resolution 2008-29 for failure to meet the requirements of the Residential Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-28, 2008-29 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-28, 2008-29 being Resolutions afthe 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 licenses listed. 8. ADMINISTRATIVE REPORTS Report ofthe City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMT,NT Walter R. Fehst, City Manager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 28, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 28, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 1. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Bill Hugo, St. Matthew Lutheran Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed the license revocation of 4455 Main Street, 669 46°i Avenue, 657 47`" Avenue and 1.000 Peters Place, in that the properties have been brought into compliance. Williams requested to remove Consent Agenda Item G. Nawrocki requested to remove Consent Agenda Items D, E, and F. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. New Employee Introduction Kevin Hansen, Public Works Director, introduced Adam Cordes, Maintenance Worker, and Wayne Faue, Maintenance Worker, and. listed their backgrounds. Hansen stated. his pleasure to have them with us and indicated that he is impressed with their backgrounds. Wayne stated his appreciation to be a part of the City of Columbia Heights and Adam stated his desire to "get to work" for the City. CONSENT AGENDA City Manager Walt Fehst took the Council members through the consent agenda. A. Approve minutes ofthe January 14, 2008 Columbia Hei htg s City Council meeting. Motion to approve the minutes of the January 14, 2008 Columbia Heights City Council meeting. B. Establish a public hearing date on the basic services programmin ag nd equipment rates and installation charges Comcast calculated in its March, 2007, rate filing. Motion to establish a public hearing date of Monday, February 25, 2008, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2007, rate filing. Nawrocki stated that the increases are primarily not on the basic service. The cable company comes in every year with increases, to which we have no choice. Nawrocki listed the cable franchise and legislation history. He referred to the Telecommunication Commission and asked that they be included in the process to take advantage of their expertise. Williams stated that we have a choice not to use cable. There are other options such as Dish City Council Minutes Monday, January 28, 2008 Page 2 of 15 Network and wireless networks. You can have the basic government channels free. Nawrocki reiterated the legislative removal of city rights to limit local rates. C. Adopt Resolution No. 2008-26, bein~a Resohtion authorizing application to the Metropolitan Council Environmental Services for Drain Tile Disconnection Grant Program. Hansen stated that in the current I/I inspection program, which has been through two-thirds of the city, there have only been five properties that would qualify for the grant program, as it is only for foundation drains. This grant application would allow our eligibility. Nawrocki stated his pleasure at bringing up this grant possibility and that it is being pursued. Motion to waive the reading of Resolution No. 2008-26, there being ample copies available to the public. Motion to adopt Resolution No. 2008-26, being a Resolution authorizing the Public Works Director to submit an application to the Metropolitan Council Environmental Services for Foundation Drain Tile Disconnection Grant Program funds and designate the Director of Public Works as the primary contact for the program. RESOLUTION NO. 2008-26 BEING A RESOLUTION SUPPORTING AN APPLICATION TO THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) FOR FOUNDATION DRAIN TILE DISCONNECTION GRANT PROGRAM ELIGIBLE FUNDS AND DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WHEREAS, the City of Columbia Heights desires to reduce UI entering the City sanitary sewer system; and WHEREAS, the City of Columbia Heights is has been identified by the MCES as exceeding our U[ goals; and WHEREAS, the City of Columbia Heights has an active program to reduce inflow and infiltration to meet our Ill goals; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: the City Council supports the application ofthe Foundation Drain Tile Disconnection Grant Program funds and that the Director of Public Works is hereby authorized to apply to the MCES for funding on behalf of the City. BE IT FURTHER RESOLVED that Columbia Heights has not willfully violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the MCES, Columbia Heights apply for reimburse of actual expenses related to the disconnection of foundation drains in the Community. BE IT FURTHER RESOLVED that Columbia Heights will comply with all applicable laws and regulations as stated in the MCES grant program. NOW THEREFORE BE IT RESOLVED that the Director of Public Works is hereby designated and authorized to apply for and execute such forms as are necessary for the reimbursement of work receiving MCES Foundation Drain Tile Disconnection Grant Funding on behalf of the City. D. Acceptance of Final Park Plans and Authorization to Seek Bids for Sullivan Lake Park and Silver Lake Beach -Removed E. Approve purchase of replacement vehicle for vehicle #410 with a 2008 Ford Escape SLS U92 - Removed City Council Minutes Monday, January 28, 2008 Page 3 of 15 F. Approval ofthe reissue ofrental license to L & P Asset Holdings LLC at the property located at 4502 Washington Street N.E. -Removed G. Approval ofthe attached list ofrental housing license applications, in that the~av_e, met the requirements of the Residential Maintenance Code. -Removed H. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124416 through Check Number 124598 in the amount of $2,104.825.99. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items A, B, C, and H. Upon vote: All ayes. Motion carried. D. Acceptance of Final Park Plans and Authorization to Seek Bids for Sullivan Lake Park and Silver Lake Beach Nawrocki stated that he felt there were items that could be removed from these projects. There were funds set for Ramsdell Park that will instead be used for this. This is more than we need to do. Williams stated that these two parks need improvements and that they are long over due for renovation. Motion by Williams, second by Kelzenberg, to accept the Final Park Plan(s) prepared by Brauer and Associates for Sullivan Lake Park and Silver Lake Beach and authorize the advertisement of public bids. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried E. Approve purchase of replacement vehicle for vehicle #410 with a 2008 Ford Esc~e SLS U92. Nawrocki asked if the other person is responsible for the damages. Fehst stated that if they were, it would be for the book value ofthe vehicle, estimated at $2,500. Nawrocki questioned. if a vehicle could be handed dawn from another department, such as the Police Department, for this ,tse. Fehst stated that the building official has always been designated a vehtcle. Fehst referred to the need for a high profile vehicle. He indicated that in city driving the gas mileage fora 4x4 is only one mile per gallon worse than a two wheel drive vehicle. This is the lowest priced car of this type on the State contract. Nawrocki stated that we could get value out of using one of the hand-me downs from the police department. Fehst stated that this vehicle was used for thirteen years. Motion by Williams, second by Kelzenberg, to approve the purchase of replacement vehicle for City of Columbia Heights vehicle #410 with a 2008 Ford Escape SLS U92 for a price of $16,275.00 plus tax, license, registration ($1,095.50) and modifications for mounting and powering the mobile computer ($500.00), from General Fund -Capital Replacement 431. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Williams stated that this was the lowest bid by $2,500. G. Approval of the attached list ofrental housing license applications, in that they have met the requirements ofthe Residential Maintenance Code. City Council Minutes Monday, January 28, 2008 Page 4 of I S Motion by Diehm, second by Kelzenberg, to approve the items listed for rental housing license applications for January 2$, 2008. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Ordinance #1533: Excel Franchise Agreement Hansen stated this is the second reading of the Excel Franchise Agreement. The question raised at the first reading was regarding the Suburban Rate Authority (SRA) review. It has been passed on to them without any comment received. Nawrocki referred to comments on moving utilities and that Nawrocki indicated that he had requested the second reading be held over for SRA review. Their attorney reviewed it and was satisfied with the agreement. There were comments about better cooperation on moving utilities during street repair. Nawrocki was told that this was taken care of. Motion by Kelzenberg, Williams, to waive the reading of Ordinance #1533, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance #1533, being an Ordinance adopting a franchise agreement with Xcel Energy for the City of Columbia Heights. Upon vote: All ayes. Motion carried. The Ordinance nay 6e found ai the end of t17is docuTnent. B. Bid Considerations Adopt Resolution 2008-25, Budget Appropriation. and Award Consultant Contract for Point of Sale Implementation Scott Clark, Community Development Director, referred to the Point of Sale discussion at the last work session and his prior understanding to implement this program by 2009. This request is to obtain a consultant. They will not just prepare the progratn and ordinance, but also impiementatioti, inspections, and tfie escrow system. To secure the consultant, we only received one applicant. This item was not budgeted in 2008, but Fund 201 has a balance and we would request a budget appropriation. That would go toward the base cost, with fees directed back to the fund. Nawrocki stated that this is premature and. should have been discussed at budget time. It has been discussed for a long time with not much information brought forward. We should obtain information froth other cities. This program would duplicate work that realtors should do. As for this being paid off in the future, it makes it sounds like this will be implemented no matter what the consultant says. Williams asked Scott to explain this progratn to the public. Clark stated a Point of Sale ordinance would indicate our minimum requirements for home conditions prior to a sale, i.e. HVAC. The tithe for home repair is at the tithe of sale, to bring the home up to a standard. This program would match our external goals for improved housing. Nawrocki asked ifthe city can have requirements not in the normal building code. Clark stated that by the International Property Maintenance Code we can indicated what issues are to be City Council Minutes Monday, January 28, 2008 Page 5 of 15 addressed that would affect health and. safety. Staff will recommend that the ordinance be abstract. We would ask for a few vohmteer homes to decide the level of ordinance to approve. Nawrocki stated that you can not require things beyond the State Building Code and that is what we require now. Nawrocki questioned the current fees charged for inspection. Clark stated that about five years ago it was $150 to $175. We do not know what other communities are doing. Fehst stated that is part of what the consultant would do. Five years ago this was a significant priority of the City Council. He referred other issues currently addressed, but indicated the desire to refocus on housing improvements. Fehst stated that the realtors he has spoken to agree with this program, as there are many structures that need improvement. Fehst stated that new residents deserve to have the homes they purchase in a good, safe condition. Nawrocki. indicated that this program would not be required until the home is sold. Nawrocki referred to the accomplishments of the housing inspection program. Fehst referred to the number of homes sold each year and stated that we should not delay any further. Nawrocki stated that this is the realtor's responsibility and the mortgage inspection should since. Fehst indicated that Council can look at what they wish to require. Nawrocki stated that there was only one proposal, and there must be more possible consultants available. Fehst stated that the original estimate was $40,000 if the project was done in pieces. Doing the whole program together would constitute a great savings. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-25, there being ample copies available to the public. Upon vote: All. ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-25, a Resolution authorizing a $20,400 special appropriation from Fund 201 to allow payments for Point of Sale consultant work. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes - 1 abstention. Motion carried. Motion by Williams, second by Kelzenberg, to award a Point of Sale consultant contract in the amount of $20,400 to Bennett Community Consulting, per a Scope of Services dated January 4, 2008. Nawrocki stated he would vote against this, as we did not obtain competitive bids. Peterson stated that in the past realtors were against this program and now they are totally behind it, as this relieves some of the pressure on them.. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. RESOLITITON 2008-25 AUTHORIZING A $20,400 SPECIAL APPROPRIATION FROM FUND 201 TO ALLOW PAYMENTS FOR POINT OF SALE CONSULTANT WORK WHEREAS, the Community Development Department has been given direction by the City Council to develop a Point of Sale Program, and WHEREAS, after discussion on January 22, 2008 between the City Council and staff, there was consensus to proceed with the hiring of a consultant to perform the aforementioned work, and WHEREAS, the 2008 budget did not anticipate the hiring of a consultant for said purpose, and WHEREAS, the Community Development Department's financial operations are accounted for as a special revenue fund, and. City Council Minutes Monday, January 28, 2008 Page 6 of 15 WHEREAS, the Community Development's Fund 201 has sufficient funds to transfer to pay for consultant services, NOW THEREFORE BE IT RESOLVED: The City Council authorizes a special appropriation of funds not to exceed $20,400 from Fund 201, which is to be used solely for the purpose of consultant payments as authorized by Council under separate motio~~. Consent Agenda item F: Approval of the reissue of rental license to L & P Asset Holdings LLC at the property located at 4502 Washington Street N.E. John Larkin, Assistant Fire Chief, stated this license was revoked in October for siding, garage, and two other issues. Items were corrected and the fees paid. Nawrocki stated. that in driving past the property it does not look complete. Larkin stated that a seasonal extension was given for the garage. Motion by Williams, second by Kelzenberg, to issue arental-housing license to L & P Asset Holding LLC to operate the rental property located at 4502 Washington Street N.E. in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. C. Other Business Public Safety facility - Fehst stated that we instructed Buetow to look at other options for the site and they should have something for us in February. Nawrocki referred to the preliminary budget report, indicating that the Council was over budget. One unbudgeted item was $14,000 for Buetow and Associates. That should have been charged to the Police/Fire Departments. Fehst stated it was understood that this would come from the Council contingency fund. PUBLIC HEARINGS A. Revocation ofthe license to operate a rental unit within the City ofColumbia Hei hg is is requested against rental properties at Removed -Resolution No. 2008-21 - 4455 Main Street Removed -Resolution No. 2008-22 - 669 46th Avenue Resolution No. 2008-23 - 4641-43 Taylor Street -Larkin stated there are four items on the exterior of the property in violation of the code. This inspection was generated from a complaint. The owner stated that the property is going back to the bank and he will not do anything with it. Larkin asked ifthis could be included with the abatement ofthe last meeting. Jim Hoeft, City Attorney, indicated that if there is a need to secure the property the abatement could be on an emergency basis. If not, there should be another revocation proceeding. Resolution No.2008-24 - 3806 Gauvitte Street -Larkin indicated that the application and license fee were not submitted. Removed -Resolution No. 2008-IS - 1.000 Peters Place Removed -Resolution No. 2008-17 - 657 47th Avenue Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2008-23, 2008-24 there being ample copies available to the public. Upon 10 City Cowicil Minutes Monday, January 28, 2008 Page 7 of 15 vote: All ayes. Motion carried. Motion by Williams, second. by Diehm, to adopt Resolution Numbers 2008-23, 2008-24 being Resolutions ofthe City Cotmcil of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article iV, Section SA.408(A} of the rental licenses listed. Upon vote: All ayes. Motion carried. RESOLUTION 2008-23 Resolution of the City Council for the City of Columbia Heights approving revocation pw-suant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Riaz Shad (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4641-4643 Taylor Street 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 January 3, 2008 of an public hearing to be held on January 28, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 28, 2007 inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 3, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted four violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 18, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that four violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: 4643 -Shall repair or replace the damaged side storm door, shall scrape/paint overhead garage doors, 4643 -Shall replace the broken glass in the front door, 4643 -Shall repair or replace the damaged side storm door. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article Ill SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license nwnber F8626 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. RESOLUTION 200&24 Resolution of the City Council 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 Dimeji Alamutu (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3806 Gauvitte Street 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 January 11, 2008 of an public hearing to be held on January 28, 2008. 11 City Council Minutes Monday, January 28, 2008 Page 8 of I S 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 December 27, 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 January 1 1, 2008, inspection office staff reviewed the property file and noted that the property remained. unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 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 U3806 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 fast day of posting of this Order revoking the license as held by License Holder. B. Declaration of a nuisance and abatement of violations within the City of Columbia Hei h,~ is is requested re ag rding_property at 955 43rd Street, Resolution 2008-09, for failure to meet the requirements ofthe Residential Maintenance Code. Larkin stated this was an immediate abatement based on health and life safety issues. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2008-09 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Number 2008-09, a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2008-09 Resolution of the City Council for the City of Colwnbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Stephen Wnuk (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 955 43`d Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 7, 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: F1NDiNGS OF FACT 1. That on December 20, 2007 the Fire Department was called to the house on an emergency medical call and upon arrival firefighters noticed a large amount of garbage and human and animal waste throughout the house. Both occupants of the home were transported to the hospital. 2. That on December 21, 2007 the Fire Department posted the structure uninhabitable and the owners of the home 12 City Council Minutes Monday, January 28, 2008 Page 9 of I S were contacted at the hospital of this declartion. The two pets belonging to the homeowners were removed and transported to the Camden Animal Hospital for boarding. 3. That on December 28, 2007 the Fire Department applied for and received a search warrant to enter the home for a complete inspection and assessment on what needed to be done to abate the health and safety issues inside the structure. 4. That on January 3, 2008 the City of Columbia Heights hired contractor, in conjw7ction with the Anoka County Health Department inspectors, cleaned the inside of the house, removing any items that were deemed a health hazard. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the uninhabitable structure located at 955 43`d Avenue N.E. 6. 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 955 43rd 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. 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 955 43`d Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Nawrocki referred to 669 46t" Avenue and. stated he could not find the house. Larkin indicated the location. Nawrocki stated that in back of the apartment on 47`" Avenie, there is a TV and mattress to be removed. There has been nothing done with fire damaged house at 38`'' Avenue and 2°d Street and there is a shed in the front with the front door hanging loose. The front porch railing and the fence on the south side need repair. ADMINISTRATION Report of the City Manager Fehst indicated there will be a work session on February 4. There will now be only one work session a month, on the first Monday of the month. Items for the work session will be sump pump discount program, review of City assessing policy: State-Aid Streets, capital equipment replacement of a street sweeper, capital equipment replacement of a tandem dump truck, and annual replacement of two police vehicles. Fehst referred to a brochure given to him by Councilmember Diehm, regarding indoor health facilities that pay for themselves. He stated that he has contacted them, but they do not have a lot of experience and have only one facility in California. He described that facility. Fehst stated that they try to run the facility with the intent to pay a profit to the city. They would not look at a facility with less than six gyms. We will continue to talk to them. Fehst indicated that he has meet with YMCA representatives. They were deflated about not having the money to begin the project, such as the City of Elk River putting up two-thirds of the funds and having limited gym time. Fehst questioned them about building a facility on donated land. They indicated they can build a gym for $1.6 million. Fehst stated that meetings are scheduled with the school district on Friday and Monday. We have some concern about the cost, but feel we will be able to work it out. We asked the YMCA for a bottom line for a facility with pools, and their operating cost. They would not give us that information and at this tithe, have not called back. 13 City Council Minutes Monday, January 28, 2008 Page l0 of 15 Nawrocki • Referred to Elk River giving $12 million for their facility and indicated other costs and usage restrictions of the gyro. Fehst stated that they receive 22 hours of gym time. • Referred to copper pipe stolen from the liquor store while under construction. Fehst stated that we saved money on the contract by using our insurance, but the builder will pay the deductible. • Referred to the proposed newsletter, indicating that the election information should be on the front page and the liquor store figures are inaccurate. Fehst stated that election information would be prominent in the next newsletter. Nawrocki requested assurance that the county transportation plan encouraging community comments would receive a response from. us. • Questioned if Parkview Villa management changed their manager, would it be subject to review by the HRA. Diehm indicated that the final document has not yet been reviewed. Peterson stated there is a number for council members to call with changes to the newsletter. Fehst referred to the positive comments received on the new look of the newsletter. Report of the City Attorney CITIZENS FORUM -none COUNCIL CORNER Kelzenberg • Read Senior Club activities from the Green Sheet. • The liquor stores are having a sale before they move to their new facilities. Felist stated that we should be close to moving in the beginning of February. Williams • Er,COUraged Fehst t0 %oritii'iue dlscusslons with tl'ie YPJICA. T lie SchGGI District iS Ver`y' grateful and excited that we will work together. Gave the Mayor credit for moving forward on this. Fehst indicated that we have received about 15 different joint powers agreements to review. Both gym units would be separately metered. • Questioned progress on obtaining a possible bubble. • Excited about "Point Of Sale" to monitor homes that are not in a condition to be sold. • Continue to work hard to make our city a better place to live. • Happy about the improvements to our two parks Diehm On Wednesday night, SAGA is sponsoring a spaghetti dinner fund raiser at Murzyn Hall. Come and support our food shelf. Nawrocki • Cable runs on city right-of--ways. • Listed the caucus locations for next Tuesday. • On February 9, the Lions Club will sponsor their annual Sweetheart Dance. 14 City Council Minutes Monday, January 28, ?008 Page I 1 of I S • Twin Cities Business has story on legal professional's Pro Bona work, with a picture and quotes of Councihnember Diehm. • The SRA meeting had a presentation from Reluminate regarding a collection of outdoor lig}Ming that would be worth looking at. • 37t'' and Central -objected as this grant was submitted prior to presentation to the EDA or Council, with no consideration given to other projects. This would essentially give t11e developer the land. We could have applied for the money to put toward a police and fire station. • Strong concern with city finances - re: property tax increases and use of reserve funds. Requested a list of consultants used last year, the contract cost and add-ans. Also requested consultant contract names under $15,000. Requested to know in the future when there are consultant contracts under $15,000 and what fund they would come from. Peterson • The Values First Core Value for January is respect, defined as consideration and regard. January was a goad month for the Council, as there was respect shown. • February is citizenship, defined as patriotism. Get involved. • It is a new day in Columbia Heights. We have a wonderful opportunity here to work with our school. Our new school superintendent is a joy to work with, and the School Board is receptive to working together. Commented that Superintendent Kathy Kelly stated. it will be a "community school" and is confident that an agreement will be reached. Received a scathing letter that the schools are going down. If we want a good community and good schools, we need to work together. We can make an impact. We should get excited. and get behind the project to build a gym. We want our youth, adults and. seniors to use it and for everyone to feel welcome. We will overcome the negativity. Get behind. our community and accomplish what we want to do. • Don't forget our service men and women, no matter what you feel about the war. Thank them. • Don't take yourself too seriously and do a random act of kindness. AI)J~Ui21~EN'>C Mayor Peterson adjourned the meeting at 8:35 p.m. Patricia Muscovitz CMC City Clerk ORDINANCE NO.1533 BEING AN ELECTRIC FRANCHISE ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, D/B/A XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. 15 City Council Minutes Monday, January 28, 2008 Page 12 of I S THE CITY COUNCIL OF "I'HE CITY OF COLUMBIA HEIGHTS, ANOhA COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Columbia Heights, County of Anoka, State of Minnesota. City Utility System, Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm water, water service, street lighting and h•affic signals, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government. which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns including all successors or assignees that ov<m or operate any part or parts of the Electric Facilities subject to this franchise. Electric Facilities. Elecb-ic transmission and distribution towers, poles, conductors, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Non-Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. Notice. A written notice served by either party or parties on the other party. Notice to Company shall be mailed to the General Counsel, Legal Services, 414 Nicollet Mall, 5`" Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Manager, City of Columbia Heights, 590 40`'' Avenue N.E., Columbia Heights, MN 55421. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. Public Way. Public right-of--way within the City as defined in Minn. Stat. § 237.162 subd. 3. SECTION 2. ADOPTION OF FRANCffiSE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to transmit and ftii7ush electric ct;ergy for light, 1'ieat, and otiier purposes fur public and private use within and tluough the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 90 days after the date the City Council adopts this Ordinance, or otherwise places the City on notice, before that time, that the Company does not accept all terms of this franchise, the City Council by resolution may revoke this Ordinance or seek its enforcement in a court of competent jurisdiction. 2.3 Service, Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Ezpense. The expense of publication of this Ordinance shall. be paid by the City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the date of written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a 16 City Council Minutes Monday, January 28, 200$ Page 13 of 15 mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6 Continuation of Franciuse. If the City and Company are unable to agree on the terms of a new n-anchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or Company serves written Notice to the other party of its intention to allow the franchise to expire, but in no event shall this franchise continue for more than one year after expiration. of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of o~°dina~°y travel along and ove~° Public Ways and so as not to disrupt normal operation of any City Utility System. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location, and relocation of Electric Facilities shall be subject to any permit requirements authorized in a separate ordinance and other reasonable regulations of the City, consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. Company may abandon underground Electric Facilities in place, provided, at City's request, Company, at its own expense, removes abandoned metal conduits or concrete encased conduit or other Facilities interfering with a City improvement project, but only to the extent such conduit or other facility is uncovered as part ofthe City improvement project. 3.2 Street Openings. Company shall not open or disturb the surface of any Public Way or Public Grow~d for any purpose without first having obtained a permit from the City, if required by a separate ordinance; for which the City may impose a reasonable fee, subject to the provisions of Section 9. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Electric Facilities and (ii) Company gives telephone, a-mail or similar notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair Company shall apply for any required permits and pay any required fees. 3.3 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, in accordance with Minnesota Rules, Part 7819.] I00 and applicable City ordinances to the extent consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter but shall have no obligation to water any grass or other vegetation thereon. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. 3.4 Performance Security. The City hereby waives any requirement, in the normal course of Company operations, for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way or the Public Ground. Notwithstanding the foregoing, the City reserves the right to require a performance bond for new installation, replacement, or repairs, when the Company's completion of its work is required in order for the City to proceed with a public improvement project. 3.5 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.6 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person, including Company, from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities or other persons or property while performing any activity. 3.7 Notice of Improvements to Streets. The City must give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way is involved, the order in which the work is to proceed. The Notice must be given to Company a sufficient length of time.. considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Electric Facilities Company deems necessary. 17 City Cow~cil Minutes Monday, January 28, 2008 Page 14 of 15 3.8 Mapping Information._Company must promptly provide mapping information for any of its underground Electric Facilities in accordance with Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 4.1 Relocation in Public Ways. Company shall comply with the requirements of any applicable ordinance of the Ciry relating to relocation of Electric Facilities in Public Ways to the extent consistent with Minnesota Rules, Part 7819.3100 and applicable law. 4.2 Relocation in Public Grounds. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. Such relocation shall comply with applicable city ordinances consistent with law. 4.3 Proiects with Federal Funding. Relocation, removal, or rearrangement of any Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is expressly understood that the right herein granted to Company is a valuable property right and City shall not order Company to remove or relocate its facilities without compensation when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable Non-betterment Costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs far which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company. 4.4 No Waiver. The provisions of this franchise apply only to Electric Facilities constructed in reliance on a franchise from City and shall not be construed to waive Company's rights under an easement or prescriptive right or State or County Permit. SECTION 5. TREE TRIM1yIING. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising there from. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify and hold harn~less the City fi-om any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall. defend the City in such suit if written notice thereof is promptly given to ('ninpany within a period wherein Company is not prejudiced by lack of such notice. if Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may nat settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City, and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required solely for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall the City be liable to Company for failure to specifically preserve aright-of--way under Minnesota Statutes, Section 160.29. In accordance with Minnesota Rules, Part 78]9.3200, if the City's order directing vacation of the Public Way does not require relocation of the Company's Electric Facilities, the vacation proceedings shall not be deemed to deprive Company of its right to continue to use the right-of--way of the former Public Way for its Electric Facilities installed prior to such order of vacation. 18 City Council Minutes Monday, January 28, 2008 Page 15 of 15 SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity ofthis Ordinance. Any govennnental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Reservation of Rights. The City reserves all rights under Minnesota Statutes, Sections 216B.36 and 301B.01, to require a franchise fee during the term ofthis franchise and to amend the fee. If the City elects to require a franchise fee or amend an existing franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee schedule. The fee shall be set forth in a separate ordinance and not be adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. if the City and Company are unable to agree on a franchise fee or on any teens related thereto, including but not limited to the requirement of concurrent permit fees to defray costs of utility operations, each hereby consents to the jurisdiction of State District Court, Anoka County, to construe their respective rights under the law, subject to all rights of appeal. City and Company expressly reserve all rights and arguments concerning franchise fees and related issues and this paragraph is not intended, and shall not be construed, as a waiver of any such rights or arguments. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part ofthis Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, that if the City is unable to enforce its fi-anchise fee provisions for any reason the parties agree to negotiate in good faith to substitute, to the extent reasonably possible, amended provisions that validly carry out the primary purpose of the invalid provision. Where a provision of any other City ordinance conflicts with the provisions ofthis Ordinance, the provisions ofthis Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a fi•anchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Companys written consent thereto with the City Clerk after City Council adoption of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous electric franchises granted to the Company or its predecessors. Upon Company acceptance ofthis franchise under Section 2.2, the previous franchise shall terminate. This ordinance shall be in full force and effect from and after 30 days after its passage 19 City of Columbia Heights Park and Recreation Commission January 2, 2008 Eileen Evans called the meeting to order at 6:35 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Stan Hoium; Kevin McDonald; David Payne; Marsha Stroik; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer; Gary Peterson, Mayor Also present: Candace Amberg, RLA of Brauer & Associates, Ltd. APPROVAL CONSENT AGENDA Motion by Foss, second by McDonald, to approve consent agenda. Upon vote: all ayes, motion carried. LETTERS AND REQUESTS A. Request by Dario Abla for an additional refund for December 8. 2007. Windschitl reported that the John P. Murzyn Hall (JPM) rental for December 8, 2007 was canceled at a short notice due to a death in the immediate family. A refund was given to the family for all of the fees, less the $500 down payment. Windschitl discussed the history of previous refunds. Motion by Stroik, second by Foss, not to grant the request far the additional refund of the $500.00 down payment, staying consistent with the refund policy of JPM. All ayes, motion carried. OLD BUSINESS A. 2007 Parks Capital Improvements: Silver Lake Park & Sullivan Lake Park picnic shelter options. Amberg reported on minor changes made to the previous park plans for both Silver Lake Park and Sullivan Lake Park. Sullivan Lake Park changes include: a drop down oftwo to four feet from the street grade for the parking lot along 51 s` Avenue, installing a retaining wall along the south end of the parking lot adjacent to the tennis courts, the picnic shelter has been relocated to acquire a full view of the lake, a small playground and open green space close to the picnic shelter. Hansen indicated that the Commission members preferred neutral colors in the picnic shelter and other equipment at the park. He stated that the final specs of the park would indicate for the Commission to make the final color decision ofthe shelter. Greenhalgh asked if there are flooding concerns in the parking lot. Nansen replied that runoff water might need to be treated from the parking lot prior to running into the lake. 20 Park & Recreation Commission I !2/2008 Page 2 Foss asked if there was any feedback from the public on the park plans. Hansen replied that one comment was received in favor of the plans for Silver Lake Beach Park. Two co9r:ments were received for Sullivan Lake Park; one liked tl~e playground and the other comment did not like the original parking lot. Hansen responded to the comments. Hoium asked about the status of the existing light poles. Amberg replied that the plan is to try to use as many ofthe existing lights as possible. Three or four poles are being moved and other light heads may need to be moved in a different direction. Silver Lake Park changes include: moving the trail to the north hillside due to grading concerns, additional storm water treatment and to naturalize the east and west sides of the beach area. Hansen indicated that the Police Department wanted both sides ofthe beach to include increased plantings and the removal of the access drive to deter after hours and. problematic activity. Hansen reported that additional funding requests have been submitted to three entities two to BWSR and one to the RCWD. Evans indicated a concern with the sand volleyball court taking up so much space when she does not see the volleyball area used on a consistent basis. Hansen replied that the main goal with the park plans was not to introduce new features, but upgrade the existing ones. He suggests keeping the volleyball court because of the low cost and changing the area to a green space if needed in the future. Motion by Foss, second by Greenhalgh, to approve the park plans and recommend the updates to the City Council. All ayes, motion carried. NEW BUSINESS None at this time. REPORTS Recreation Director Windschitl reported on several water leaks within the JPM building. The worst area was in the southeast corner of the main hall. Last year the sheet rock in this area was redone and will now need to be redone again. Water leaks were also found. in the Preschool room, Senior Center and in the hallway. Stroik asked how the problem could be fixed permanently. Windschitl replied that Honeywell is currently conducting a study on the HVAC units and to come up with solutions to rectify some of the roof problems. One of the initial solutions may be to remove and relocate the heating units from the attic. These units generate heat, which melts the snow on the roof and then refreezes at the edges causing ice dams. As we have only replaced one unit, most of the current HVAC units are well beyond their life expectancy. In addition to the HVAC units, the roof is also going to need repair. In 2007 a roof consultant inspected the roof and recommended total replacement of the roof in the 21 Park & Recreation Conunission 1 /2/2008 Page 3 next three to four years. It makes sense to rectify the heating and cooling problems prior to repairing the roof. Public ~~orks Director/City En i:ieer Hansen reported that the February Park and Recreation Commission Meeting would include discussion regarding park planning in 2008, possibly for Ramsdell or Labelle parks. Evans asked about the status of Huset Park. Hansen replied that he would bring information to the February meeting. Commission Members Stroik asked what time the skating rink lights are on at Ostrander Park and if the warming house would be open for those using the rink. Hansen replied that the lights are on a timer until 10:00 p.m. Due to budget costs within the past few years there is no supervision at the warming house to keep the building open. ADJOURNMENT Eileen Evans adjourned the meeting at 7:40 p.m. Deanna Saeflce Park & Recreation Commission Secretary 22 HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF OCTOBER 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 7:02 p.m., October 23, 2007, ir? the Parkview ~!illa Community Room B, 965 40tH Avenue NE, Columbia Heights, Minnesota. Roll Call-Tammera Diehm, Bruce Nawrocki, Dennis Ecklund Jr., Bruce Kelzenberg Absent- Bobby Williams Diehm asked for a moment of silence to remember Patricia Jindra, a board member who recently passed away. Pledge of Allegiance Nawrocki asked to add an item to the agenda- management proposals. Diehm added the ifem to the agenda as requested. CONSENT AGENDA Approve the Minutes of April 24th and August 28,2007 Meetings and Financial Report for the months of April, May, June, July, August and September 2007, Resolution 2007-04. Nawrocki asked about many line items on the agenda, which Gravemann provided explanation of them. Motion by Nawrocki, second by Ecklund, to approve the meeting minutes and Adopt Resolution 2007-04 Approving the financial reports and payment of bills. All ayes. Motion Carried. BUSINESS ITEMS Report of Management Company Nick Gravemann stafed he pravided the reports for the last 6 months. Items of interest are: the landscape remodeling project was completed, in July they had the parking lot resurfaced, repair and striped, in September they started a long process to remove and abandon a Z0, 000 gallon fuel tank buried underground. They first learned of the tank over four months ago and he talked to Streetar who directed him to use ProSource. They found a company to buy the fuel for 50 cents a gallon, with proceeds estimated to be somewhere around $9, 000, which will be used for things needed at Parkview Villa like a new carpet cleaner, updating the maintenance and trash rooms and various other small projects in the building. He applied for a grant from the Minnesota Housing Finance Agency for $150, 000 to replace our aging boiler and hot water systems. The grant is anon-matching grant, which is free money to us. The current systems are working at 65 to 75% efficiency and after replacement they would run 90 to 95% efficient and he would fallow up with a rebate from the gas company. The estimated savings afterreplacemenf is approximately $330,000 to $340,000. Nawrocki asked where we stand on staff. Gravemann stated They are working with full capacity. 23 Housing & Redevelopment Authority Minutes October 23, ?007 Page 2 of 6 Nawrocki asked if the garbage truck noise problem, has been resolved yet. Gravemann wasn't aware of any problems, but could check into it and that there are four different haulers that provide services to the buildings behind Parkview Villa. Nawrocki stated there were only four Columbia Heights residents filling the vacancies, and asked if we aren't getting follow up responses from current residents. Gravemann stated unfortunately, the Columbia Heights residents aren't ready to move at the time the unit is available, they usually have to sell their home. Diehm asked if there is a policy for how the names are handled if you call them and they can't take the opening. Gravemann stated that it is written in the ACOP. Resident Council Minutes Ecklund Jr. stated he started doing the reports the last couple of months. Mostly the meeting discussions were about the Bazaar, of which he passed out an itemized spreadsheet of the costs and income from the Bazaar. Ecklund went over a few items discussed of their meetings, such as the new maintenance manager and office clerk being introduced. He praised the residents of Parkview Villa for all of their hard work on the Bazaar. Citizen Forum Ron Peters, Unit 414, stated he has concerns with the heat. His heat was clunking and banging last year. Terry 8ushe checked it out and said there wasn't anything they can do about it. Again this year they have the same problem. The new maintenance man has checked it out and said he couldn't fix it. Today the heat isn't on, but they still hear the clunking and banging noise so he thinks there is air in the lines. He also expressed his concern about the new light shut off system in the laundry room. Residents aren't used to shutting the lights off and therefore staff is called to go turn the light switch on. Gravemann stated he checked it out and Mr. Peters is correct that if is air in the lines and isn't sure what they can do about it. On the light system it has an automatic shut off system an it if there isn't anyone in the room for 15 minutes it wilt turn off. Ruth Hillestad, Unit 310, asked why the manager doesn't to their resident council meetings anymore. Gravemann stated he missed one meeting as he had a commitment that he couldn't get out of. Fehst stated he felt there should be some representative of the staff at the meeting. Gravemann agreed. Joe Kunza, Unit 802, stated he has a problem with the follow up on his toilet issue, as it hasn't worked for the past 6 months. The toilet tank was cracked, Gravemann glued it together and it looks bad. Nawrocki asked how long Gravemann has been looking far the new toilet, and where did he go to look for it. Gravemann stated he has looked everywhere, the problem is replacing them as they don't make them anymore, as it attaches to the wall. Diehm stated we should think about this, as in the future we will need to remodel our bathrooms so we should look into it. Ecklund Jr. stated he knows some guys that might have some of them and that he could give Gravemann their number or check into it. 24 Housing & Redevelopment Authority Minutes October 23, ?007 Page 3 of 6 Brenda Germar, Unit 908 stated she used to work for a company called the Re-use Center who she thought would have the toilet. Gravemann stated he tried them and they didn't have any. Diehm asked if Gravemann reported the work orders to HUD or just to us. Gravemann stated he only reports it to the HRA. Diehm stafed it might be helpful to report to the HRA that there is some work order issues that the resident isn't satisfied with on his monthly report. Gravemann stated they are trying to find a toilet to replace his with, because this is an old building and the toilets are wall mounted, it Jackie Oshak, Unit 707, stated she was late getting her clothes done and the light went out, so she was sitting in the dark, the washers are so dirty and smelly. Diehm asked Gravemann who is generally responsible for the cleaning of the washers. Gravemann stated it was the caretaker and he wit/ check into this mafter. Ken Block, unit 315, stated he would like to pass on to the City that the residents are appreciative of the new path in the park. Fehst stated they hope to have it lighted more and paved a little wider so the cops can drive down there if needed. Betty Finn, Unit 204, stated the new caretaker doesn't sfart until almost 10pm at night, so how could she clean the laundry room. Gravemann stated she puts in many hours during the day doing different things. Finn stafed she vacuums during the night. Diehm asked how many hours we have the caretaker. Gravemann stated 25 to 30 hours per week. She will to/k to the caretaker. Ruth Hillestad, Unit 310 asked what the office hours are during the week. Gravemann stated it was 9 to 5. Hillestad stated the office is often closed, during the lunch period and at other times. Diehm asked Gravemann if they .have a sign they pu_t up that says when they will be back. Gravemann stated they do have one. Fehst asked if there was a number that residents can call if they need something and stated the cleaners at City Hall clean at night, but are careful of vacuuming when they are hosting a meeting. He felt That Gravemann should check into the staff issues with the cleaning person, when the residents have a complaint. Resolution 2007-05, 2008 PHA Plan and Related Certifications Gravemann stated the quality housing and work responsibility act of 1998 requires all housing authorities to prepare an Agency Plan for the public to review. The draft PHA plan was made available to the Residents Council, Anoka County and the Parkview Villa office with no public comments being received. HUD requires a variety of components and documents to be incorporated into the plan. They are the mission statement, goals and objectives of the agency, an executive summary, statements of needs and resources, and numerous policy statements. Once the HRA board approves the plan, staff will submit the document to HUD electronically. Zs Housing & Redevelopment Authority Minutes October 23, ?007 Page 4 of 6 Motion by Nawrocki, second by Kelzenberg, to Adopt Resolution 2007-05, a Resolution of the Columbia Heights Housing and Redevelopment Authority (HRA} confirming approval of the 2008 Public Housing Agency Certifications of Compliance with the PHA plans and related regulations, and authorizing it's submission to HUD. All ayes. Motion Carried. Resolution 2007-06, 2008 Budget for Parkview Villa North Bob Lindig, Walker Finance Officer stated the proposed 2008 budget for Parkview Villa North is $845, 387, which includes $417,156 for capita! outlays. Out of that we expect to fund $157,156 from 2007 and 2008 CFP funds. The balance of $260,000 will be drawn from fund balance reserves and wilt be used to update the plumbing system; replacing 11 remaining vertical risers at an estimated cast of $114, 000 and to paint the exterior of the building. Supplies and services are expected to increase about 2.2% over this year. Utility costs are expected to increase 5% over the 2007 budget or 15% more than the 2007 year-end estimate. The total proposed revenue is $627, 023, which includes rents of $294,200, HUD operating subsidy of $160,079, Capital Funding Program funds of $157,156, investment income of $5, 000 and other miscellaneous charges. Nawrocki asked if the $157,000 in addition to the $160,079. Lindig stated it is included. Nawrocki asked how much is in the fund balance reserves. Lindig stated there is almost $613, aoo, undedicated reserves. Motion by Kelzenberg, second by Eeklund, to Adopt Resolution 2007-06, being a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights, Adopting the 2008 Parkview Villa North Budget of $845,387 and recommending this to the City Council for approval. All ayes. Motion Carried. Resolution 2007-07, 2008 Budget for Parkview Villa South Lindig stated the proposed 2008 budget for Parkview Villa South is $271, 517, which represents a 11.9% or $28, 878 increase over this year's budget. Of that amount, $37, 000 represents increase in capital outlay. The increase in capital outlays if offset, in part, by a reduction in PLOT obligations to Anoka County. Streetar worked with Anoka County to reduce Phis rate a couple of years ago. The new PILOT payment calculation is based on 5% of shelter rent less utility costs. In prior years the obligation was calculated at 10%. Supplies and services are generally expected to increase about 1.5% over 2007 and utility costs are expected to be 1.5% tower than the 2007 budget, which represents an increase of 13.3% over estimated year-end actual costs for 2007. The proposed gross revenues of $292, 932, which includes a $278, 064 investment income of $2, 500 and other miscellaneous charges. Tenants whose rents already reflect the approved reef structure wiN increase 3.0%, with others at 4.35%. Ecklund Jr. asked if this budget includes the management fee. Lindig stated it did. Zs Housing & Redevelopment Authority Minutes October 23, 2007 Page 5 of 6 Motion by Kelzenberg, second by Ecklund Jr., to Adopt Resolution 2007-07, a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights adopting the 2008 Parkview Villa South Budget of $271,517 and recommending this budget to the City Council far approval. All ayes. Motion Carried. Resolution 2007-08, Parkview Villa North Notice to Vacate Policy Gravemann stated the current Parkview Villa North Notice to Vacate Policy states all notices to vacate must be in the form of a 30-day calendar notice. What we are proposing is to change the notice from 30 days to 60 days on 12/31/2007, after the mandatory 30-day review and comment process and a 30-day notice to the residents mandated by HUD. This process wilt benefit sfaff by use of better planning for unit turns and releasing of the vacated units. City attorney, Bob Alsop has reviewed the attached document and here to answer any questions the board may have. Diehm asked what is the benefit of changing it from 30 to 60 days. Gravemann stated it will help with turn around of units and all other apartment complexes around town go by Phis schedule. Nawrocki disagreed as he has been with a management firm for many years and they are still using the 30 day notice. Diehm asked what is standard in Walkers other facilities. Lindig stated it was 60 days. Diehm called for a special HRA meeting on November 27t" at Parkview Villa and requested Gravemann bring the HRA a list of other similar complexes that have this type of notice to vacate schedule. Resolution 2007-09, Parkview Villa South Notice to Vacate Policy-No Action Resolution 2007-'10, Parkview Villa North Violence Against women act Gravemann stated on January 5, 2006, President Bush signed the Violence Against Women Act into law. This law requires a!I PHA's to make lease modifications that will incorporate the new law as it pertains to public housing. Attached is a memo from attorney Bob Alsop, Kennedy & Graven outlining the necessary lease modification that needs to occur for Parkview Villa North to be in compliance with the new law. Motion by Kelzenberg, second by Nawrocki, to Adopt Resolution 2007-10, a Resolution approving Parkview Villa North Lease Incorporation of the Violence Against Women Act and to authorize management to make the necessary changes to the lease. All ayes. Motion Carried. Parkview Villa South Sidinct Panels Replacement Gravemann stated in late fall of 2006 several windows in the south building began to leak from around the windows and frames. After further investigation, they learned the windows were not leaking but the panels above and below them were. Staff tried caulking all effected windows around the panels, which seemed to work unfit just a month or so ago. After further investigation it was defermined that the panels were 27 Housing & Redevelopment Authority Minutes October 23, ?007 Page 6 of 6 beginning to separate from fhe building. They caulked around the areas and then contacted four contractors to evaluate the situation. AN four contractors found several, water damage areas to the building. As a result, water damage is not anly occurring to the outside of the building, but internally as well. The solution is to replace every panel above and below all windows in the south building. The bids received were: 7) MJ Construction at $25, 700; 2) Pagel Exteriors at $27, 000; and 3) D.S. Bahr Construction at $28, 200. Staff recommends approval of the contract with M.J. Construction and Remodeling in an amount not to exceed $25, 700. Nawrocki asked when the HRA approved the call for bids. Streetar stated under fhe 429 Project, Street Assessments, the council does have to, but you don't have to here. The law doesn't require this body to authorize these bids. Diehm stated they would authorize other things tike the elevator repair. Motion by Nawrocki, second by Ecklund Jr., to approve the bid from MJ Construction for the replacement of Parkview Villa South siding panels in an amount not to exceed $25,700; and furthermore, to authorize the Chair and Executive Director to enter into an agreement far the same. All ayes. Motion Carried. Other Business Discussion of the Management Contract Streetar stated there were four management companies that provided bids far management, which are in his office. The bidders were Walker, Stephen Scott Management, Common8ond and Crestview. He will be reviewing the documents and a special meeting will be held in November to discuss the bids and approval. Nawrocki stated he would have thought that staff could have had the information to the board for tonight's meeting. Diehm stated she would suggest staff provide the bids for management with a spreadsheet prior to the meeting so they would have time for review and that a Special Meeting be held at Parkview Villa on November 27th. Ecklund Jr. asked if we could put in the contract that the elevators, hallways and community rooms be vacuumed and the main floor bathrooms cleaned once a weekend. Streetar stated he wanted Ecklund to remind him of this at the November meeting. Adjournment Chair, Diehm adjourned the meeting at 8:30 p.m. Respectfully submitted, Cheryl akken Recording Secretary H:\HRAMinutes 2007\HRA 10-23-2007 2s HOUSING & REDEVELOPMENT AUTHORITY SPECIAL MEETING MINUTES OF NOVEMBER 27, 2007 Call to Order - by Chair, Tammera Diehm at 7:46 p.m. Diehm stated she has received many calls from residenf-s, asking if they could ask questions tonight. She told them to write dawn their question and pass the paper forward after the board has heard from the management companies they would fry to ask some of the questions. Roll Call-Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., and Bruce Kelzenberg Pledge of Allegiance BUSINESS ITEMS Resolution 2007-08, Parkview Villa North Notice to Vacate Policy Nick Gravemann, manager stated this update to the lease agreement changes the notice to vacate 30-day policy to 60-days, which would allow them to better plan unit returns and the releasing of the units. He also has contacted Bob Alsop, the HRA attorney, who has reviewed the lease change and stated it is consistent to local, State and Federal housing laws. At the last HRA meeting, the board requested staff conduct a survey of the local HRA's in the metropolitan area, which they did. This included Bloomington HRA, Dakota CDA, Central Multi County HRA, St. Louis Park HRA and several others. They all stated they have a 60-day notice to vacate policy in place. For Parkview Villa North this would not only make it easier for management to release the unit, but would give current Columbia Heights residents a little more time to sell their homes. Ecklund Jr. staled you want us to do a 60-day notice plus one day, but you said people that you call to move in, you want give them the same opportunity to wait the 60 days. You said you would skip over the name and keep calling down the list for someone that could move in sooner. I don't think that is fair. Gravemann stated he actually has fo have a notice in his hand before he can call someone to tell them he has an apartment available. So if he has a 60-day notice in hand and you have to give a 60-day notice to vacate, everything equals out. if he had a 30-day notice to vacate in hand and you had to still give a 60-day notice, you might have to pay double rent one month, or you might not be able to rent. if you're a current City of Columbia Heights resident that might not be beneficial to you. Diehm stated whatever was provided last time; we know that this information given will work. Nawrocki stated he would speak against the motion, it is against the tenants, a 30-day notice isn't so bad. Williams stated he is going to vote for this as they did a survey that has ten different HRA's, which have a 60-day notice and proves that it works. Motion by Kelzenberg, second by Williams, to Adopt Resolution 2007-08, a Resolution Approving Parkview Villa North, Notice to Vacate Policy and to authorize Management to make the necessary changes to the lease agreement. Upon Vote: Diehm-aye, Williams-aye, Kelzenberg-aye, Nawrocki-nay and Ecklund-nay. Motion Carried. 29 Housing & Redevelopment Authority Minutes November 27, 2007 Special Meeting Page 2 of 7 HRA RESOLUTION 2007-08 RESOLUTION APPROVING PARKVIEW VILLA NORTH NOTICE TO VACATE POLICY WHEREAS, The board of Commissioners of the Housing and Redevelopment Authority of Columbia Heights, Minnesota, at the recommendation of management and legal counsel, find it necessary to revise the Parkview Villa North Notice to vacate policy. NOW THEREFORE BE IT RESOLVED, by the board of Commissioners for the Housing and Redevelopment Authority of Columbia Heights, Minnesota, that the Notice to vacate policy for Parkview Villa North is hereby amended as attached hereto as Exhibit A. ADOPTED THIS 27th day of November 2007. Resolution 2007-09, Parkview Villa South Notice to Vacate Policy Diehm stated we have already addressed the issues for this agenda item in the last item. Motion by Kelzenberg, second by Williams, to Adopt Resolution 2007-09, a Resolution Approving the Parkview Villa South, Notice to Vacate Policy and to authorize Management to make the necessary changes to the lease agreement. Upon Vote: Diehm-aye, Williams-aye, Kelzenberg-aye, Diehm-aye, Ecklund-nay, and Nawrocki-nay. Motion Carried. HRA RESOLUTION 2007-09 RESOLUTION APPROVING PARKVIEW VILLA SOUTH NOTICE TO VACATE POLICY WHEREAS, The board of Commissioners of the Housing and Redevelopment Authority of Columbia Heights, Minnesota, at the recommendation of management and legal counsel, find it necessary to revise the Parkview Villa South Notice to vacate policy. NOW THEREFORE BE IT RESOLVED, by the board of Commissioners for the Housing and Redevelopment Authority of Columbia Heights, Minnesota, that the Notice to vacate policy for Parkview Villa Souih is hereby amended as attached hereto as Exhibit B. ADOPTED THIS 27th day cf P:cvember 2007. Management Services Agreement Diehm stated staff received a letter yesterday from Crest View stating they are withdrawing their proposal. They are currently committed to several other projects in the area and felt this would not be the right time for them to be considering this project as well. They have made an offer to provide free wellness clinics at the building if the management company decides this is something they are interested in having and also offered to provide homecare services if needed. Nawrocki stated in the RFP under specifrcations, it states: 1) in no event will the agency permit modifications to the proposal after they are submitted. He would fhink that removing their proposal represents a significant modification; and 2) the person responsible for specifications was Streetar and he did not receive fhe letter. Diehm stated he was copied on the letter and she would disagree with him as a management company has the right to withdrawn their bid if they so choose. 30 Housing & Redevelopment Authority Minutes November 27, 2007 Special Meeting Page 3 of 7 Nawrocki stated he didn't intend to, but thinks that there should be some formalization acknowledging the with draw! of the bid, because the specifications very clearly states you can't modify your bid after you submit it. Diehm ask for a motion to formalize this. Motion by Nawrocki, second by Kelzenberg, to acknowledge the withdrawn proposal from Crest View. All ayes. Motion Carried. Diehm asked to have a representative of each of the management companies come forward and give a little introduction. Denny O'Donnell, Walker Eldercare Services, introduced Nick Gravernann, Manager, Todd Klien, Nick's boss and Bob Lindig, Walker Finance Director. They have been at Parkview Villa since 2004 and enjoyed providing services to the residents of Parkview Villa. He just looked at the budget prior fo the meeting and the good news is that through October we are $900,000 to the good with the budget. We have kept the building full since they took it over in 2004 and have been successful in administering the Capital Plan for the City. Going forward they are proposing the same increase that they have had for the last four years; the cost of inflation. Stephen Schachtman, President of Steven Scott Management introduced Barbara Halverson, director of asset management. They manage approximately 600, 000 apartment units throughout the twin cities, they did provide a proposal the last time, and that they are open to any questions. Lucia Clansman, director of public housing for Commonbond stated she brought with her Sheena Anderson, director of their compliance department, James Mitchel, director of facilities manager and Richard Hutsell, Vice President. They have submitted the proposal and would be willing to answer any questions. Nawrocki asked CommonBond about annual increases, is it the same price for 5 years. Hutsell said yes that is the way they proposed it. Nawrocki asked if the contracts have been looked at by staff as far as the procedure they would use to provide financial services. Streetar stated all of the proposers have a lot of experience in financial accounting and any of the systems would be fine. Ecklund Jr. stated he spoke to Commonbond on the phone about how quickly they would replace staff if they needed to and wanted the other two companies to answer the question also. Commonbond-stated they have corporate staff That can back up other staff, and they have roving managers that can come in. Walker-they would also be able to hire or provide staff pretty quickly. Steven Scott-they have staff that rotate from housing facility to housing facility until the 31 Housing & Redevelopment Authority Minutes November ~7, ?007 Special Meeting Page 4 of 7 position has been filled, you certainly don't want to hire on someone too quickly. Nawrocki stated with Steven Scott it doesn't look like they have had very much experience with senior housing or HUD and ask them to clarify this. Halverson stated for the last four years they have done senior management, tax credit, independent senior living and do have experience working with HUD. Williams asked Gravemann how has it been working with residents in the last 6 months, with the troubles they had in the past, are they any better. Gravemann stated most of the time it is going pretty good. Williams stated the board did receive a letter from a resident that said they felf he was the best manager we've had. Keizenberg asked how many people would manage this building and what would the hours of operation be? CommonBond- Manager, assistant manager, maintenance person and a half time caretaker. What they usually do is look at it as on a 1 to100 units basis, hours would be 8:30 to 4:30pm with a 24 hour answering service and corporate maintenance staff that fills in on a rotating basis. Walker-they would keep the current staffing levels, unless there is a position that isn't f<lled. They currently have a full time office manager, maintenance worker, office assistant and part time caretaker. Steven Scott- they anticipate having a full time manager, administrative person and maintenance, and several part time caretakers, which would work 7 days a week. During the week they would propose they would have office hours of 8:00 to 5:00. They could propose to have same part time office hours on the weekend. Nawrocki asked CommonBond if there would be staff at Parkview Villa doing the financials. Hutsell stated they would be located in the St. Paul office. Diehm stated she would now start with the questions of the residents. What kind of training do they provide for office staff? CommonBond-stated they do extensive training, compliance training, maintenance is involved, safety training, REAC training, etc. on a monthly basis. Walker-stated they have extensive training programs, initial training, and more during the year as needed. Steven Scott- they are required to take repeated training continually throughout the year, and have a training coordinafor. How do you handle issues between management and residents and do you have someone ready to manage the building? Common8ond-senior population is an issue in itself, communication is important in any case, listening, cooperatively problem salving. We do not have anyone 32 Housing & Redevelopment Authority Minutes November 27, 2007 Special Meeting Page 5 of 7 currently idenfified at this time but da have soma employees in mind. Walker- as you know we had a different manager here and agreed they needed a change and we did make that, have brought in outsiders, and are willing to go that extra mile down the road at this time. Steven Scott-they would invite you to check out their references. A regional manager would be assigned to the facility, then it would come to Steve ar herself, mediation training is also available. She did not have anyone specifically in mind at this time to manage. Would cleaning be done during the day, would window washing include inside and outside, and would you provide weekend vacuuming in common areas? CommanBond- Yes, yes and yes. Walker- Gravemann stated their answer would be yes also. Steven Scott- yes, yes, yes. It is important that the passing area the residents see should be cleaned and it should be done 7 days a week. Does your organization have a dress code for your employees who would be working here on site? Steven Scott- yes they do. Walker- you have witnessed our dress code. Comrnon8ond- they are all in the appropriate attire with a CommonBond label on it. Would your manager's office be open to suggestions or comments and would we feel welcome to do so? CommonBond- We do not necessarily have a suggestion box in the office but, we have an open door policy and encourage managers to have resident community meetings as well as do a resident newsletter. They do not have a suggestion bax at all of their properties, but they could certainly address that. Walker- would invite residents to stop into the office at any time and that there is a suggestion box next to the rent drop box. Steven Scott- they do not have a suggestion box, but would be open to having one, and certainly encourage residents to stop in the office. What experience do you have working with a City HRA board? Steven Scott- we have multiple partners, we have a lot of one on one relationships, worked with MHFA, large institutions, insurance companies, you have to learn the individual. Our company also takes an active involvement with every City that we work to try to understand their needs and that they understand ours. Walker- we certainly make it a point to communicate with all residents and the board. CommonBond--for 35 years we have been involved with community engagement, made it a common practice, we work with local HRA's, Morrison counfy, Minneapolis and St. Paul Public Housing Authorities, Red Wing and many others. We look forward to working with you. 33 Housing & Redevelopment Authority Minutes November 27, ?007 Special Meeting Page 6 of 7 Diehm asked if t,"ere i~`ere anyJ resident qujestionS that haven't been covered. Resident, Arlan Carlson, Unit 605 asked of the two companies that are coming in, what would they entice the residents with? Cornmon8ond- expertise. They recently finished a rehab and refinance of an occupied rehab, they have a superb staff. The hallmark is providing customer service. Steven Scott- they have the finest compliance staff in this state. All three bidders Tonight are bringing to the residents the same things, your front door is our front door, training, sensitive, caring staff. Williams asked Walker how the rehab of the floors in the north building went this year, were people happy? Gravemann stated everyone was satisfied. Resident, Jan Honeyford, Unit 205, stated she is hoping that when wepick a management corporation, that you pick a new one, that knows how to work us, has compassion for us, are going to like us, and know how to deal with us. Like Ecklund said, we have all ages in this building and she has been very dissatisfied. We need somebody that does have a caretaker 5 days a week, one that doesn't vacuum at 10 o'clock at night, and a maintenance man on duty. It has been chaos around here for months. Resident, Joe Kunza, Unit 802, stated he had twa things to say. One is that he is thankful for the renovation of his apartment. Thanked the City Council for approving the improvements, we really appreciate all the work you do for us. There is five more floors to go, if you come in with a whale new team, it will be a whole new set up than what we already have. How are they going to handle that. Secondly, the Federal Communications Commission is about to rule that apartments who now have satellite dishes, Hnt~f tnin,ild tyre be able to .handle _this transition.. Diehm stated with the first question, the renovations will go on as scheduled and we will make sure that it happens. Diehm asked if any of the bidders have heard about satellite problems in other buildings? Common8ond-it is their understanding that all consumers have a right to get their signal from any source that is available to them. They have a right to have satellite TV, but doesn't mean that you can automatically put one up on a building. We would have to look info the building and the statistics. Ecklund Jr. stated we already looked at this and determined that we all would have to have dish satellites even if you didn't want it. Nawrocki stated we do have a telecommunications commission in the City, which watches over this for our City. Diehm thanked all three bidders for coming and for answering our questions. At this time she would like to close the open forum and address the board. 34 Housing & Redevelopment Authority Minutes November 27, ?007 Special Meeting Page 7 of 7 Ecklund Jr. stated he wanted to thank Streetar for working so hard for us, as this is one of his last few days with the City. (Everyone Applauded) Kelzenberg stated he went through the proposals and they all did a gaol job. He felt Walker could have done a little better job working with the residents, through customer service. All in all they did a good job and there is no way to please everyone in this building. Nawrocki stated this facility has been a part of his political life. When he was mayor they felt it was important to build a facility for our seniors. He spoke of how he and the Gity Council worked together to gef the funding from the state for the building many years ago. Walker has done a goad job with reports for HUD, with maintenance of the building, but does have issues with the current management staffing. He would opt to see the change in management and felt most residents would agree with him. Steven Scott does have experience, but not with seniors very much, and their costs were a little bit high. He would support CommonBond. Ecklund Jr. stated we need a change. Communication and getting along with residents is important to him. He would support CommonBond. Williams stated Ecklund Jr. as been a representative of this board for the residents of Parkview Villa, trusted his judgment and would support Common8ond. Diehm stated staff provided a compellation, which came back strongly recommending Walker. She has been here through two management companies, which we had issues with bath, and would support Common8ond. !lllot6Qn by V1li!liam5, secvnc+ by KPlzsnberg, to Approve the Contract with CommonBond for Management Services beginning February 1, 2008 for Parkview Vi!!a North and South; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Adjournment Chair, Diehm adjourned the meeting at 9:20 p.m. Respectful s i~~, C~= Cheryl Bakken Recording Secretary H:\HRAMinutes 2007\11-27-2007 Special 35 ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES NOVEMBER 27, 2007 CALL TO ORDER- by President, Gary L. Peterson at 7:02 p.m. ROLL CALL Present: Gary L. Peterson, Bobby Williams, Bruce Nawrocki, Tammera Diehm, Marlaine Szurek and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approve Minutes of October 23, 2007 regular meeting and the Financial Report and Payment of Bills far the month of October on Resolution 2007-25. Motion by Nawrocki, second by Williams, to approve the consent agenda. All ayes. Motion Carried. EDA RESOLUTION 2007-25 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR OCTOBER 2007 AND PAYMENT OF BILLS FOR THE MONTH OF OCTOBER 2007. WHEREAS, the Columbia Heights Economic Development Authority (EDA) 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 io which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA 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 month of October 2007 and the list of bills for the month of October 2007 are attached hereto and made a part of this resolution; and WHEREAS, the EDA 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 Economic Development Authority that ii 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 prserted 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 Economic Development Authority. Passed this 27th day of November 2007. BUSINESS ITEMS Resolution 2007-26, Contract for Private Redevelopment Kirsten Partenheimer slated before you is a Contract for Private Redevelopment of the property located at 3805 2"d Street. Bill Beulow from GMHC is here tonight to answer any questions the board may have. The rental property currently contains a small single-family home, which was deemed uninhabitable by the building official due to a fire on September 7, 2007. The owners, Lisa and Steve Peterson came to the City for help as they realized it wouldn't be profitable to repair the home and were unable to find new investors. The home was built in 9922, is approx. 732 sq feet of living space, lot size of 80 x 130 feet, zoned R-2A (one and two family residential), and is comprised of two legal lots of record, facing 2"d Street. Upon acquisition, GMHC would demolish the home to build two new single-family homes similar to the ones they are building at 4141 36 Economic Development Authority Meeting Minutes November 27.2007 Page 2 of 4 Jefferson Street. Each home would be fwo stories, three bedrooms, have two one and a half baths, approximately 7, 650 square feet and would sell for a targeted price of $235,000. Cost to acquire and construct two new Names on the property would be approximately $556, 647 and would require an estimated $86, 647 of funding assistance. The gap would be funded from the Anoka County NRA levy that was approved on September ?0, 2007. City Council would pass a resolution requesting the funds from Anoka County HRA, which was approved last night. Nawrocki asked if the owners have been paid for the fire damages from their insurance company. Streetar stated he believed they did receive some money, but he didn't know how much. Nawrocki stated he would not support this motion at this time. Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2007-26, a Resolution Approving a Contract for Private Redevelopment between the Columbia Heights Economic Development Authority and the Greater Metropolitan Housing Corporation (GMHC); and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Upon Vote: Szurek-aye, Kelzenberg-aye, Diehm-aye, Williams-aye, Nawrocki-nay, and Peterson-aye. Motion Carried. RESOLUTIDN N0. 2007-26 RESOLUTION APPROVING A CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITYAND GREATER METROPOLITAN HOUSING CORPORATION BE IT RESOLVED By the Board of Commissioners ("Board") ofthe Columbia Heights Economic DevelopmentAuthority ("Authority"} as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"y, and is currently administering the downtown CBD Redevelopment Project ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 489.047 ("HRA Act"). 1.02. The Authority and the Greater Metropolitan Housing Corporation (the "Redeveloper's have proposed to enter into a Contract for Private Redevelopment (the "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project located at 3805 Second Street and described as Lots 19 and 20: Block 71, Columbia Heights Annex to Minneapolis (the "Redevelopment Property"}. 1.03. Pursuant to the Contract, the Redeveloper will acquire the Redevelopment Property from a third party owner, divide the property into fwo lots and construct fwo single family homes with a target price of $235,000 each, and the Authoritywill provide certain financial assistance in that effort. 1.04. The activities of the Authority under the Contract implement housing goals of the City's Comprehensive Plan: "Promote and preserve the single-family housing stock as the community's strongest asset." and "Provide a variety of life-cycle housing opportunities within the community." 1.05. The Board has reviewed the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder further the goats of the Comprehensive Plan and are in the best interests of the City and its residents. Section 2. Authority Approval: Further Proceedings. 2.01. The Contract as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. 2.03. Authority and City staff are authorized and directed to take all actions to implement the Contract. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 27'h day of November 2007. 37 Economic Development Authority Meeting Minutes November 27, 2007 Page 3 of 4 Resolution 2007-27, GMHC Consulting Services Agreement for 2008 Partenheimer stated the Greater Metropolitan Housing Corporation has been providing services to the residents of Columbia Heights since 2002. The services provided are: information on home rehabilitation ar mortgage foreclosure prevention, construction consultation, access to funds through MHFA Fix-Up loans, the Rebah Incentive Funds or the new single-family Deferred Loan Program. The cost of the program for 2008 is $15, 000, the same as in previous years. Suzanne Snyder of GMHC is here tonight to answer any of your questions. Diehm stated she was aware of these programs, thinks it's very important and beneficial for the residents of Columbia Heights and would like to commend them on the work they have done far our City. Peterson asked if Snyder could tell them a little about what services they provide. Snyder stated she brought with her Denise London, program coordinator at the northeast Housing Resource Center: Snyder stated she wanted to share a few numbers with you. They have been working with the City of Columbia Heights for about five and a half years. During that time they have provided services to 908 households, a total of over 1,800 services have been provided, 512 construction management services, over 145 site visits, and 56 scopes of work. The rebate program is one of the most successful programs in the Twin City area. Since the program started we have given back a total of $115,000 to residents, which comes out to $1,145,000 of improvements. It has been their pleasure to work with the City. Motion by Diehm, second by Kelzenberg, to Adapt Resolution 2007-27, a Resolution Approving the 2008 Consultant Services Agreement with the Greater Metropolitan Housing Corporation (GMHC); and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. EDA RESOLUTION NO. 2007-27 A RESOLUTION APPROVING THE 2008 CONSULTANT SERVICES AGREEMENT WITH THE GREATER METROPOLITAN HOUSING CORPORATiOiV (GMHC] AND APPROPRIATING $15,000 FROM FUND 207 -HOUSING MAINTENANCE FUivG FOR THE SAME. WHEREAS, the Greater Metropolitan Housing Corporation (GMHC) has agreed to provide consulting services. WHEREAS, the Columbia Heights Economic Development Authority through its Comprehensive Plan has established as a goal the preservation of the single-family housing stock. WHEREAS, the Greater Metropolitan Housing Corporation has provided housing preservation services since 2002. WHEREAS, the residents have found these services to be a significant assistance to help preserve and maintain their homes. THEREFORE, BE IT RESOLVED, that the EDA approves the 2008 Consultant Services Agreement with the Greater Metropolitan Housing Corporation and appropriates 515,000 from Fund 207 -Housing Maintenance Fund for the same. Passed this 27"' day of November 2007. 38 Economic llevelopment Authority Meeting Minutes November 27, 2047 Page 4 of 4 Resolution 2007-28, GMHC Rehab Incentives and Deferred Loan Agreements Partenheimer stated the EDA is being asked to provide funding for these programs. Staff is requesting authorization of $45,137 of funding for the Columbia Heights Rehab Incentive Program and $30, 643 for the new single-family home Deferred Loan Program. The Rehab Incentive Program is designed to assist homeowners in maintaining and improving their homes by providing rebate payments of 10%, 12% or 15%, up to $3, 000. Another program is the Single-Family Home Deferred Loan Program would provide no or low interest loans to homeowners of lower income to complete structural improvements, such as exterior improvements related to the health and safety, code violations or energy efficiency, such as windows, siding and roofs would be eligible. Repayment of the loan, plus interest of two percent would be required upon sale or transfer of the home, which would be returned fo the funds for use by another homeowner. Owners are eligible for up to $7, 500. A lien applied to the property by Anoka County ensures that the loan will be repaid. Motion by Kelzenberg, second by Szurek, to Adapt Resolution 2007-28, a Resolution Approving funding for the Rehab Incentive Program in the amount of $45,137 and the Single-Family Home Deferred Loan Program in the amount of $30,643 to the Greater Metropolitan Housing Corporation (GMHC) from Fund 207- Housing Maintenance Programs. Upon Vote: Szurek-aye, Kelzenberg-aye, Diehm-aye, Williams-aye, Nawrocki-aye, and Peterson-aye. Motion Carried. EDA RESOLUTION N0.2007-28 A RESOLUTION APPROVING FUNDING FOR THE REHAB INCENTIVE PROGRAM ($45,137) AND THE SINGLE-FAMILY HOME DEFERRED LOAN PROGRAM (SFHD) ($30,643) TO THE GREATER METROPOLITAN HOUSING CORPORATION (GMHC) WHEREAS, the Columbia Heights Economic Development Authority (EDA) through its Comprehensive Plan has established as a goal the preservation of the single-family housing stack. WHEREAS, the EDA approved the Housing Maintenance Plan 2008-2017 to improve and maintain the residential homestead housirg stock. WHEREAS, the Greater Metropolitan Housing Corporation has agreed to provide consulting services. WHEREAS, the Greater Metropolitan Housing Corporaiion has provided housing preservation services since 2002. THEREFORE, BE IT RESOLVED, that the EDA allocates $45,137 for the Rehab Incentive Program and $30,643 for the Single- Family Home Deferred Loan Program to the Greater metropolitan Housing Corporation from Fund 207 -Housing Maintenance Programs. Passed this 27th day of November 2007. ADJOURNMENT President, Peterson, adjourned the meeting at 7:39 p.m. Respectfully sub~ed_~_ Cheryl Bakken Community Development Secretary H:\EDAminutes2007\11-27-2007 39 HOUSING & REDEVELOPMENT AUTHORITY SPECIAL MEETING MINUTES OF JANUARY 14, 2008 Coil to Order -The Special Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Tammera Diehm at 6:02 p.m., January 14, 2008, City Hall, Conference Room 1, 590 40th Avenue NE, Columbia Heights, Minnesota. Roil Call- Tammera Diehm, Bruce Nawrocki, Dennis Ecklund Jr., and Bruce Kelzenberg Absent- Bobby Williams Guest- Mayor, Gary L. Peterson Pledge of Allegiance BUSINESS ITEM Presentation of Commonbond Staff Richard Hutsell, Vice President of Commonbond introduced Lucia Clausen, Director of Public Housing and Laura Sheak who will be the new Manager for Parkview Villa starting on February 1sr Hutsell stated Laura Sheak has been the a property manager for 20 years, for the past 12 years was manager at Heights Manor, has managed two of their senior and handicap housing facilities in Little Canada called Garden Terrace and Terrace commons. They chase her for the position as she has a lot of experience with this type of housing unit. The other positions necessary for Parkview villa are being advertised in the newspaper. Laura Sheak stated she received her degree at the University of Minnesota in Parks and Recreation Administration with a therapeutic therapist emphasis, which she then worked in nursing homes, from there she moved into rehab and got into housing. Ecklund asked what are the office hours going to be? Lucia Clausen stated they would be the same as all of the Commonbond facilities, 8:00 am to 4:40 pm. Clausen also stated they would be hiring two part time caretakers, which would allow for the additional coverage needed on the weekends, a full time maintenance person, and a full time off<ce assistant for Laura. Fehst asked if they would be hiring any of the current staff. Nawrocki stated he did get a copy of the proposed contract and had the foNowing issues: 1) it was his understanding that the board would be included in the interviewing process; 2) he could not see a financial control area in the document; 3) he felf the local bank should be used and 4) the contract identifies Commonbond as the agent in a couple of areas and then there is once or twice they are listed as consultants. Clark said Mr. Nawrocki, you may recall that when 1 gave you the contract copy that l told you staff and the City attomey haven'f looked at the document yet. It was1ust a preliminary draft at that time. We are now close to having everything finalized for board approval at next weeks meeting. l found out this week the attorney would be inserting 40 Housing & Redevelopment Authority Minutes January 14, ?008 Special Meeting Page 2 of 3 fhe HUD requirements to the draft, which we should have to Hutsell by tomorrow. Diehm asked Hutsell whaf legal services they plan on using, as when Walker started they were surprised they were using their own legal service far an issue that came up. We would prefer you use the City attorney from Kennedy & Graven for anything That would come up. Hutsell stated he didn't see a problem with that. Sheak asked if we include management at the Resident Council meetings. Ecklund stated yes, she would give the residents a report of any issues that have come up in the building like carpet installation, parking problems, landscaping replacement, etc. C/ark asked Commonband staff how the transition is going for them; are They getting the information they need from Walker staff. Hutsell stated due to Mr. Lindig being out of the office far personal reasons in December, the didn't get the process scarfed as early as they would have liked to, but in the last week things are moving along. Clausen stated she has been in contact with Nick by e-mail and has a meeting set up far Wednesday with him and her Compliance Director to go over fhe files, the 50058's and then on Friday would be doing a physical tour with her maintenance team. Clark asked if she was aware that there are a lot of reports That are late far 2007. Clausen stated that Lindig assured her that he would be getting those done far September through December of 2007 by tomorrow. Hutsell stated they talked to Walker about the audit, which would be preformed by Them. The one thing the board should be aware of is that when Walker closes the books in mid-February, their financials may be a few days late. Nawrocki asked if we shouldn't have fhe contract end of the end of the year rather than a month into the new year. Joe Kloiber, assistanf finance director stated he would prefer that if would have started somewhere after January 39St, because certain year end closing work can't be completed in January, and that fhe HRA may need to have some kind of agreement outside of their current one with Walker to continue working on the financials until they are complete. Diehm stated Mr. Nawrocki prefers fhe way our financial reports are laid out and asked if this is something staff could possibly work out ahead of time. Clausen stated Cher Bakken has already talked to her about this and provided a copy of the current financial report for review. Clark stated HUD said we are capitalizing the end of three years of Capital Funds, and wondered if this was common. Clausen stated that it was. You are usually working with three years of Capital Funds, just depending on the projects that the money has been allotted for. Hutsell stated the banking relationship Commonbond has with Western Bank is very 41 Housing & Redevelopment Authority Minutes January 14, 2008 Special Meeting Page 3 of 3 convenient for their staff, with the ability to scan in checks, on-line banking, and that they use them for approximately 90 facilities they manage and wanted to know if the board would consider using them. Fehst stated Northeast Bank has been used by the City for many years and that the City prefers to use a local company as often as possible. Bill Elrife, Finance Director stated we do not have a cast for checks as we have all of our accounts there. Clausen stated her accounting department is going to check with Northeast Bank fo see if they have any of the conveniences that they are currently using. Hutsell suggested they possibly separating the operating and reserve accounts into two banks. Diehm stated the next HRA meeting would be on Wednesday, January 23rd at Parkview Villa. Hutsell thanked the board for the opportunity to work with them and that his staff was Looking forward to working with the City. Adjournment Chair, Diehm adjourned the meeting at 6:42 p.m. Respectfully sub fitted, Cheryl Bakken Recording Secretary H:tHRAMinutes 2008\1-14-2008 Special 42 THE MINUTES OF THE TE1 Fr'(InAMI TI~TT('ATI(l1~iC r'QMMTCCT(lN FROM THURSDAY, JANUARY 17, 2008 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Members Present: Dennis Stroik, Robert Peltier, Ken Henke, Reuben Ruen, Dan Swee, Brad Peterson, and Bob Buboltz Council Representative: Bruce Nawrocki City Representative: Linda Magee Legal Counsel: Steve Guzzetta Comcast Representative: Arlen Mattern Linda was appointed Secretary Pro-Tem for this meeting. APPROVAL OF M~TUTES Motion by Henke, seconded by Peltier, to approhe the »~inutes of Septelraber 20, ?007. All ayes. Mretio~~ Pressed. OLD BUSINESS A. Channel Check Dennis conducted the cham?el check. No problems were found. B. Correspondence Log and Follow Up on Complau?ts Staff had not received any new complaints. However, Dan Swee reported that he recently had a very bad customer service experience. He had broadband, Universal and phone service through Comcast. He had scheduled an appointment for service that Comcast had to reschedule. His bill indicated erroneous charges from what he had requested and what actually occurred. Due to his frustration in trying to get the charges corrected, he decided to cancel broadband. His bill has still not been resolved_ Arlen stated he will provide Dan witl? an itemization of his billings and of the charges and credits to ensure it is correct. C. Status of Franchise Renewal Linda spoke to Kathi Donnelly Cohen and relayed that Kathi indicated that Comcast would be submitting a renewal proposal to the City in the near future assessment conducted by Elert and Associates. franchise renewal with Comcast. . Linda indicated that she has received the final needs This information will be used. when negotiating the D. Other Old Business Arlen provided a list of the service center locations that was requested at the last meeting. 43 TELECOMMUNICATIONS COMMISSION MINUTES JANUARY 17, 2008 PAGE 2 1!T)~~E' B1lJSIll~~S~S A. Receipt of 3`d Quarter Franchise Fees A copy of the Franchise Fees for 3`d Quarter was enclosed in the agenda packets. B. Notice of Video Service Changes and Price Adjustments Comcast sent a notice to the City in November regarding service changes and price adjustments that would become effective January 2008. Details of the changes, along with a copy of the notification that went to subscribers were included in the packets. Linda indicated that Comcast did not increase their basic rates January 2008. Stroik questioned the franchise fees paid on home shopping revenue and advertising sales. Why do subscribers have to pay this? Guzzetta explained that the FCC ruled that the cable industry can do this and that they have done so for several. years. C. Notice of Public Hearing re: Cable Rates A copy ofthe Council Letter calling for a Public Hearing regarding Cable Rates calculated in Comcast's March, 2007 rate filing was included. in the agenda packets for the commissioner's review. Staffwill be requesting the Council set a Public Hearing for Monday, February 25, 2008, as the City is a certified rate regulation authority. D. Rate Filing of March 2007 for Basic Programming and Equipment and Installation Rates Guzzetta presented options from which the City may, at this point, select in addressing Comcast's rate filings: 1. Do nothing-the City would. remain Certified to reg~ilate ratec and Cni~ld rPvievy and art pnfi_~t-ire rate filings from Comcast, or 2. Issue rate orders preserving the Citys right to the extent possible. The City would retain the right to look at underlying data, calculations, and. assumptions in tine context of a future rate filing. Rate Orders regarding the maximum permitted basic programming service rates as set forth in FCC Form 1240 (Resolution 2008-01), and the maximum permitted equipment and installation rates as set forth in FCC Form 1205 (Resolution 2008-02) were included in the packets for the commission's review. Motion by Buboltz, seconded by Peterson, that the Commission recommend the City Council adopt Resolution 2008-01 and 2008-02. All ayes. MOTION PASSED. E. Notice re: Programming Changes A notice was received November 15, 2007 regarding the addition of nnore HD programming. F. Boards and Commission Recognition Dinner Linda informed members the dinner will be h~~d April 16, 2008 at Murzyn Hall. Invitations will be sent at a later time. A picture of the group was taken that will be displayed at the event. TELECOMMUNICATIONS COMMISSION MINUTES JANUARY 17, 2008 PAGE 3 G. Other New Business Ruen asked how long it had been since the commission changed from the Cable Commission to the Telecommunications Commission. Members knew it had been several years. Ruen said he asked the question because he is aware that a new wireless system is being used between City Hall and the new Liquor Stores, and he was surprised that the commission wasn't involved in the process. Linda indicated that the Telecommunications Commission is primarily an advisory board for cable related matters, and can be called upon on other telecommunication issues as necessary. She said she would remind management staff of the commission's availability and willingness to serve in an advisory capacity on other telecommunication issues. REPORTS A. Report of Commissioners 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 the commissioners to review. Linda stated that three items were distributed at the meeting because they were received after the packets were sent out. C. Report of Cable Attorney Guzzetta commented on two things-FCC Orders and State Legislation. FCC Orders were released since our last meeting and became effective December 24, 2007. Good news is the time clock for acting on franchises does not apply to incumbent operators, nor do Iimitations on build-outs apply to incumbents. Also settlement agreements cannot be pre-empted. Local customer service authority is not pre-empted, but must be limited to cable related issues. Government accounting principle standards do not apply to franchise fee calculations. The bad news is, it is possible that costs of certain projects unrelated to cable can be offset by franchise fees (ex. I-Net, free and discounted service, etc). Both orders have been challenged in court. State Legislation-Rep. Sheldon Johnson, St. Paul, has decided to take the cable fi-anchising issue on and move some legislation on statewide franchising. He thinks Chapter 238 is outdated and needs revisions in order to promote broadband deployment and competition. Meetings have been held on payment of franchise fees and gross revenues, PEG issues, and build out requirements. The Cable Industry and cities feel Chapter 238 is technology neutral and fine as drafted. D. Report of the Assistant to the City Manager Nothing further to report. Motion by Henke, seconded by Buboltz, to adjou~~rr the »~eeti~g at 8: 04 pna. Ald aver. Respectfully submitted, Linda Magee Secretary Pro-Tem 45 UlN'1+'1(:lAL M11V U'1'-LA'S (3t+' '1'H-L+' CI3ARTER COMMISSION THURSDAY, JANUARY 17, 2008 7:00 P.M. GAUVTTTE ROOM MURZYN HALL Call to Order The meeting was called to order by President Mike Hartel at 7:05 p.In. Roll CaIl Members present: Barb Gertsema, Mike Hartel, Jnn Johnson, Nancy King, Carolyn Laine (7:17 p.m.), Mike Patiuk, Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Members absent and excused: Bob Buboltz, Katy Korday, Scott Kyseth Members absent and unexcused: None Council Liaison, Tami-Ericson Diehm, was not present. Carole Blowers, Recording Secretary, and Jim Hoeft, City Attorney, were present. Approval of Minutes of October 18, 2007: Motion by Commissioner Sturdevant, seconded by Commissioner Patiuk, to approve the minutes ofOctober 18, 2007, as presented. Motion passed unanimously. Election of Officers President Hartel advised the commission that the offices of President, Vice President, and Secretary will be voted upon tonight. He asked for nominations for President. Commissioner Vogtman nominated Commissioner Hartel. Commissioner Hartel declined the nomination, as his eight year term ends June of 2008. Connnissioner Johnson nominated Commissioner Patiuk, who declined. the nomination. Commissioner Patiuk nominated Commissioner Johnson, who declined the nomination. Commissioner Sturdevant nominated Commissioner Sturdevant (Jr.). President Hartel asked ifthere were any other nominations for President. There being none, on a white ballot, Commissioner Joseph Sturdevant (Jr.) was elected President. President Hartel asked for nominations for Vice-President. Commissioners King and Vogtman were asked if they were interested, and both declined. Commissioner Sturdevant nominated Commissioner Ritzko, who accepted the nomination. President Hartel asked if there were any other nominations for Vice President. There being none, on a white ballot, Commissioner Lori Ritzko was elected. Vice President. President Hartel asked for nominations for Secretary. Commissioner King was asked if she was interested in being the Secretary again. She stated that would be fine. Commissioner Sturdevant nominated Commissioner King for Secretary. President Hartel asked. ifthere were any other nominations for Secretary. There being none, on a white ballot, Commissioner Nancy King was elected Secretary. Therefore, the slate of officers for 2008 are: President, Joseph Sturdevant, Jr. Vice President, Lori Ritzko Secretary, Nancy King Charter Commission .lanua~y 17.2008 Pam 1 Correspondence The Recording Secretary advised that since the October meeting, she sent various e-mails to members whose terms will be expiring the early part of 2008, asking if they wish to be reappointed. Commissioners whose teens will be expiring in the next few months and can be reappointed are: Barb Gertsema, Katy Korday, Dan Voghnan, and Mike Patiuk. At this time, three of these commissioners have expressed their intent to 6e reappointed. The Recording Secretary will be contacting the Chief Judge about these reappointments. Verifications of member's e-mail addresses and phone numbers were supplied to each member present. Status of Membership The Charter Commission still has two vacancies. The Recording Secretary was not aware of any applications pending at this time. Commissioners were advised that applications for membership are available at City Hall. Old Business Continued Review of the City Charter by the City Attorney City Attorney, Jim Hoeft, stated that at the October meeting, Chapter 4 of the charter was discussed with commission members. Tonight, the focus will be on Chapter 5, Initiative, Recall, and Referendum. Jim Hoeft stated he was going to give an overall viewpoint on the city charter regarding initiative and. referendum instead of going over each section of this particular chapter. State statute does not provide for nlitiative or referendum. He stated that with the charter, referendum is a reactive measure, and initiative is a proactive one. The City Charter states that each ordinance must hold two readings by the City Council, and then the ordinance does not take effect unti130 days after the passage of the ordinance. This 30 days is the time period in which a petition for a referendum can be done. Jim Hoeft stated ifthe City Council didn't want to take a stand on an issue, the people could start an initiative. In the both the planning and budgeting process, the issues that could be put to a referendum are severely limited--thus limiting the referendum or initiative in those two areas. Recall is the process to remove a city councilmember. Jim Hoeft stated he couldn't think of any metro city that has had a successful recall. Jim Hoeft didn't think it was necessary to add any qualifying language to our current language in this section of the charter. The current restrictions are that we require 700 signatures or 10% of the total vote at the last regular municipal election now (whichever is greater). Page 13 of the city charter spells this out. State statutes do not provide for recall. As a point of fact, Mr. Hoeft stated that most central and northern metropolitan cities are city charters. (Note: Fridley, Brooklyn Center, and Minneapolis are home rule charter cities.) Mr. Hoeft referenced an article in the Star Tribune published today's date regarding the City of Eagan and their Charter Commission. The City Attorney stated we would continue discussion of the charter at the next meeting, starting with Chapter 6, Administration of City Affairs. Charter Commission .Tanuary 17, 2008 Pa,~ 2 New Business Approve 2007 Charter Commission Annual Report Motion by Commissioner Vogtrnan, seconded by Commissioner Sturdevant, to approve the 2007 annual report of the Charter Commission as prepared by the Recording Secretary. Motion approved unanimously. The Recording Secretary will provide copies to the City Clerk and the Chief Judge, as required. al Board/Commission Dinner The joint annual board/commission dinner will be on Wednesday, April 16, 2008, at Murzyn Hall. Please put this date on your calendars! Invitations will be sent in the future. Next Meeting Date The next regular scheduled Charter Commission meeting date is April i 7, 2008, at 7 p.m. at Murzyn Hall. This is the day after the annual board/commission dinner. Adjournment Motion by Commissioner Sturdevant, seconded by Commissioner Vogtman, to adjourn. the meeting at 8:05 p.m. Respectfully submitted, Carole J. Blowers, Recording Secretary Charter Commission January 17, 2008 Pam 3 Tf TI`S TT r1AiTT1T lV /YAi fi.~iC1 CIiA iT YLAl~lrllrls Ei1rL GVlrllrlr l.V1V11V11~J.`l1Vlr MINUTES OF THE REGULAR MEETING FEBRUARY 6, 2008 7:00 PM The meeting vJas called to order at 7:00 pin by Chan•=Marla.ne Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison}, and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Peterson, to approve the minutes from the meeting of January 2, 2008. All aver. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-0201 APPLICANT: Chris Little LOCATION: 3700-3722 Central Ave REQUEST: Site Plan/Variance This case is being tabled until the next meeting as there have been delays in finalizing solve aspects of the project. CASE NITMBER: 2008-0202 APPLICANT: Nancy Percival LOCATION: 508 - 40th Avenue NE REQUEST: Conditional Use Permit for Consignment Store INTRODUCTION Sargent explained that Nancy Percival d/b/a Nancy's Nifty Thrifty Boutique & Gift Shop is requesting a Conditional Use Permit (CUP) to allow aconsignment /secondhand store located at 508 - 40`h Avenue. Ms. Percival has been operating the business at this location for the past couple of months but did not know that she needed a CUP to run a consignment store. He reported that staff realized that the store sold secondhand goods when an article in the StarTribune was published, detailing the business. COMPREHENSIVE PLAN The Comprehensive Plan guides the property as a "Community Center District". The Community Center District is a mixed-use district, promoting commercial and retail services at the neighborhood level. A boutique store is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The property located at 508 - 40th Avenue NE is zoned General Business (GB). The properties in the immediate vicinity are also zoned GB. The Zoning Code at Section 9.110 (E)(3)(1) allows for a consignment/secondhand store as a Conditional Use. The Specific Development Standards at Section 9.107 (13) state the criteria in which the consignment store shall be used. Sargent reviewed the standards as follows: 49 PLANNING & ZONING COMMISSION MINUTES PAGE 2 FEBRUARY 6, 2008 a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than SO% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges and pawnshops. The applicant stufed tha> approximately 80% of the merchandise sold in the store is secofzdhand or used. Items sold in the business inclzrde, btct are not limited to: clothing, shoes, handbags, wallets, books, jewehy, candles, vases, knick-knacks, children's items (toys, puzzles, gats~es, etc), and stuffed animals. The closest existing consignment/secondhand store is the Salvation Army located at 3929 Central Avenue. From property line to property line, the Salvation Arnay is approximately 3,195 feet ativay. The applicant's store meets the definition of a consignment/secondhand store and is located the correct distance from any other consigr~nzent/secondhand store in the City. b) The window and door areas of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out ofthe building at eye level. The applicant has not taken any measures to reduce the tia~indow area or visibility into or out of the store at the eye level. The only alteration the applicant has made to the store window is the placement of the business signage, which meets City Code requirements. c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. The building is not neeti~ constrz.~ction. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. The store currently does not utilize these types of security devices. e) Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. f) An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. g) All receipt, sorting and processing of goods shall occur within a completely enclosed building. h) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. 50 PLANNING 8cLONING COMMISSION MINUTES PAGE 3 FEBRUARY 6, 2008 FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A consignment/secondhand store is specifically listed as a Conditional Use in the GB, General Business District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Conzpre7~ensive Plan guides the pr°operry as a °Communiry Center Distr^ict ". "The Comrrzunity Center District" is a mixed-use district, promoting cornrryzercial and retail services at the neighborhood level. A boutique store is consistent with the intent of the City 's Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The stor^e will hold regular houz^s of open^ation consistent with other boutique-type of stores. The store will not have large shipments of goods rn~d is scaled to a neighborhood level type of business. For this reason, the use will not impose disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the inu~zediate vicinity will remain zrnchanged as a reszrlt of the proposed use of the existing retail space. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The character of the surrounding arRea is.for° neighborhood level businesses. A boutique stor^e meets this intended zrse. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 508 - ~0'"Avenue meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. This retail space has existed for several years. There will be rao changes to on-site circulation of traffic or parking with the change of occupant for the tenant space. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The consignment store meets the 3, ODO foot criteria for the closest prroxinziry permitted to another consignment use. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the GB, General Business District. 51 PLANNING & ZONING COMMISSION MINUTES PAGE 4 FEBRUARY 6, 2008 Staff recommends approval of the proposed CUP for a consignmentisecond'nand store located ai X08 - 40`" Avenue. Although this store meets the definition of a consignment store, the City Code relating to the matter deals more with larger secondhand retail chains. The nature of this business will be unobtrusive to the surrounding area and will be a good fit for the general area. uestions from members: Peterson questioned whether an Antique Store would be considered a secondhand store? He wondered because often times similar businesses will locate near each other to draw off each other, and with the 3,000 ft distance requirement, this may not be permitted. Schmitt had the same concerns. She stated. that large chain stores are not likely to go in the small business spots located along 40`" Avenue. She sees these spaces being filled with small businesses such as Used Book Stores, Antique Stores, Comic Book Stores, and Gift shops such as Nancy's operating from these locations. They are nice little businesses for the neighborhood setting. She questions whether we may need to look at the ordinance so that these types of businesses wouldn't be prohibited from Iocating near each other. She also thought the 3,000 ft distance requirement may be excessive. Sargent said he would have to look at the definitions in the Ordinance closer, but he believed. there is a difference between a secondhand store where items are donated. or sold on consignment, and the other stores mentioned because they actually purchase the items and then re-sell them. Those businesses are considered retail stores. He again reminded members that the language in the Ordinance is directed at the larger secondhand chain stores, and that it was included to prohibit too many secondhand stores being located along Central Ave. He didn't feel there was any reason to make changes to the language at this time since there aren't other businesses requesting a Conditional Use Permit in the area for a similar type business. Public Hearing_is opened. No one was present to speak on this matter. Public Hearing is closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the Conditional Use Permit for aconsignment/second hand store located at 508 - 40`'' 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: Consignment/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges and pawnshops. 52 PLANNING & ZONING COMMISSION MINUTES PAGE 5 FEBRUARY 6, 2008 2. The window and door areas of any existing first floor facade alotlg a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out ofthe building at eye level. 3. The use of bars, chains or similar security devices that are visible froth a public street or 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consigmnent or donated merchandise. 6. All receipt, sorting and processing of good. shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and. alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the February 11, 2008 meeting. DRAFT RESOLUTION N0.200&XX RESOLUTION APPROVING A CONDTTIONAL USE PERMIT FOR NANCY PERCIVAL WITHIN THE CTTl' OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0202) has been submitted by Nancy Percival to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 508 - 40`h 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)(1), to allow aconsignment/secondhand store. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 6, 200$; WHEREAS, the City Council has considered the advice and recommendations ofthe Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. 53 PLANNING & ZONING COMMISSION MINUTES PAGE 6 FEBRUARY 6, 2008 FURTHER, BE TI' RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this perz;tit the city and the applicant agree that this permit shall became null and void if the pr oject has not been completed within one (1) calendars ear after the approval date, subject to petition for renewal of the pem~it. CONDITIONS ATTACHED: 1. Consignment/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand mercha~~dise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges and pawnshops. 2. The window and door areas of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. 3. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 6. All receipt, sorting and processing of good shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. CASE NUMBER: 2008-0203 APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Temporary Signage Sargent explained that on May 29, 2007, the City Council adopted Ordinance 1523, being an Ordinance relating to the use of temporary Signage. The ordinance accomplished the following: 1. Required a permit for each temporary sign at a price of $20 per permit. 2. Required that no more than four temporary sign permits could. be issued per business per calendar year. 3. Required that temporary sign permits may be good for no more than 30 days each. The City Council also established a sunset clause on Ordinance 1523, set to expire on April 29, 2008. This was done to ensure that the ordinance was practical and fair to business owners throughout Columbia Heights. At this time, staff proposes permanently amending the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40`" Avenue corridors. The zoning code previous to Ordinance l 523 allowed for temporary signage that was not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40`" Avenue corridors, and that was aesthetically unappealing. Lack of effective regulation regarding temporary signage was found in the following areas: l . The permitted location of a temporary sign on a building. 2. The number oftetnporary signs allowed on a building at any given time. 3. The duration in which a temporary banner tnay be displayed for. 4. Freestanding portable signage less than 8 square feet in area. 54 PLANNING & ZONING COMMISSION MINUTES PAGE 7 FEBRUARY 6, 2008 Since the establishment of Ordinance 1523, there has been a substantial change in use of temporary signage throughout the City, resulting in less clutter, higher streetscape appeal and 'better implementation ofpoiicies that are outlined in the Design Guidelines. The proposed Ordinance includes one clarification of Ordinance 1523 which Sargent reviewed with the members regarding the number of signs allowed per year, and it would result in a permanent ordinance with no sunset clause. COMPREHENSIVE PLAN Sargent reminded members that the purpose ofthe Comprehensive Plan is to identify the goals for economic and commercial vitality of the city, and the purpose ofthe zoning ordinance is to guide private activity toward the achievement of those goals. The implementation of these goals centers on the City's ability to redevelop the convnercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. A coalition was formed in 2002 to draft the Design Guidelines required for future development and redevelopment projects along 40`" Avenue and Central Avenue. The objective in the Design Guidelines for signage is that "signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of building and. site design" The Design Guidelines regulate such things as the types of signs to be used, the shape of signs, the placement of signs on the building, the colors and materials the signs could incorporate, and the ilhamination of the signs. The Design Guidelines incorporate these specific criteria in order to enhance the aesthetic appeal ofthe city. FINDINGS OF FACT The City Council shall :Hake the following four (:.dings 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 amendment would make the current standa~^d fo~~ tenapof-any signage mop^e consistent with the intent of the Comprehensive Plan and Design Guidelines. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The Design Guidelines coalition formed in 2002 was partly comprised of citizens and business owners representing the public at large. The proposed amendment would establish standards along Central Avenue, which would better reflect the intent of the Design Guidelines. For this reason, the proposed amendment would be beneficial to the public. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. 55 PLANNING & ZONING COMMISSION MINUTES PAGE 8 FEBRUARY 6, 2008 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 voning classification ~f lay~d will not change. City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. uestions from members: Szurek stated that the temporary tax business at 4110 Central Avenue has several "stick in the ground" signs along Central Ave, and wondered if they are allowed. Sargent stated that they are not allowed and that he will check on this. He explained he goes out once or twice a week to check for compliance, but that some signs are bound to be missed. Fiorendino questioned the $9.00 haircut sign at 49`" and Central. He thought there was some language in the Ordinance that required the appearance to be professional, and he didn't feel this one is. Sargent said that the sign is considered a sandwich board sign, it is not stuck in the ground, and if it is 5 feet from the property line, it would be allowed. Szurek asked whether he was enforcing the 25% maximum window coverage of additional colorful advertising. She was especially concerned with Car X and Midas. Sargent said he is enforcing it and that he will check on it. Ifthe bay doors with the windows are open when he goes by, he could be missing the fact they are exceeding the allowable percentage. Schmitt asked if this Ordinance only covers Central Ave and 40`'' Avenue. Sargent said no, it is fnr signagP throughout the city. He said he tends to be pro-active along Central Avenue and 40`" Avenue, but checks on other areas on a complaint basis. Thompson thought more than four signs should be allowed per year. He wants to see the city support local businesses. Sargent said the City Council could revise this number if they choose, but that we must be careful, as allowing too many would then make the temporary signs more permanent. Fiorendino agreed there needs to be a balance, but wants to keep the improved appearance he has noticed. Public Hearin opened. Jeff Bahe from 3701 Central Ave was present. He stated that he had been involved in this process and he considers himself a representative of the business owners in the community. He felt the city needs to do a better job of notifying business owners of changes that may affect them. Bahe reminded members that many owners do not live in the community, and therefore do not see published. notices in the local newspaper. He expressed his opinion that more signage is needed. He cited that his business is down 15- 18%, that he doesn't receive the same amount of walk-ins he used to, and that other, more direct 56 PLANNING & ZONING COMMISSION MINUTES PAGE 9 FEBRUARY 6, 2008 advertising is too costly. He said there are a few other businesses in town he has talked to that are also experiencing a slow down in business. He acknowledged that he didn't know if it is due to the overall state of the economy, service related, or lack of signage. It was his opinion that more businesses are leaving Columbia Heights than are coming in and. that we need the businesses to keep Columbia Heights attractive to residents. Schmitt asked Bahe what he would recommend, or what he thought the appropriate number of temporary signs per year should be. He didn't have an immediate answer to this. Fiorendino asked about the timelines we are working under and the process of passing this Ordinance. Sargent explained the Ordinance must have a first and. second reading before the City Council and then there is a 30-day waiting period before it becomes effective. This needs to be completed before April 29`x' or it will revert back to the old Ordinance. The other option would be to extend the sunset clause on Ord. 1523. Szurek noted that if this goes before the City Council as is, that business owners could attend either of the two City Council meetings to voice their opinions on revising the ordinance. She personally felt that a lot of time had already been spent on this and that it was a good balance of allowing temporary signs, and yet, keeping the avenue more aesthetically appealing. Gary Peterson thinks that maybe businesses should be notified of the public hearing and that Planning & Zoning is the appropriate body to review this before making their recommendation to the City Council He said this could be tabled for one more month to allow more feedback before making their final recommendation to the Council. The Council originally put the sunset clause on Ordinance 1523 so that it could be re-visited to make sure it is accomplishing what we hoped, or to make any revisions before making it permanent. Thompson said this should be re-visited at the March meeting. He didn't feel it was necessary to notify business owners, but that Mr. Bahe could contact them and have them submit their input by the March meeting so the commission could make its final recommendation to the Council. Sargent said he has had contact with several businesses throughout the community and he has not received any negative comments from any of them. He further stated that most businesses, including Mr. Bahe's and spine of the others he mentioned, have not applied for any temporary sign permits to date, therefore, he didn't understand why the number needs to be increased. Fiorendino requested that data be presented that proves business is down because of the sign ordinance and not just the state of the economy. Otherwise, he is satisfied with the proposed Ordinance and that he believes it has improved the look of Central Avenue immensely. Schmitt asked for clarification of the number of sandwich boards that are allowed per business, which Sargent answered. Public Hearing closed. 57 PLANNING & ZONING COMMISSION MINUTES PAGE ] 0 FEBRUARY 6, 2008 Motion by Thompson, seconded by Peterson, to table this issue till the March meeting to grant business owners time to present documentation that this Ordinance has had a negative impact on their business a_n_d to submit a plan of what revisions they recommend prior to the next meeting. All ayes. MOTION PASSED. Sargent said he will amend his staff report and include any information he receives regarding this in the March agenda packets. CASE NUMBER: 2008-0204 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Rezoning of Parcels INTRODUCTION At this time, City Staff is requesting a zoning amendment to create a new zoning district. The new zoning district would be titled "Public Space", and would include all land available for public use. Such uses would include: all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works and the library. Currently, the City parks are established as overlay areas throughout the City, meaning that there is an underlying zoning district for each park, be it residential, commercial or industrial. There is no consistent zoning district for each park throughout the City, making it difficult to establish continuity throughout the park system. Staff recommends creating a new zoning district so that each public parcel has the same set of standards for its use, setbacks, parking requirements and performance standards. COMPREHENSIVE PLAN The Comprehensive Plan currently guides all the parks and Murzyn Hall for "Park" use. City Hall is guided for "Community Center District", the public works building is guided for "Industrial" and the library is guided for "Commercial". The Met Council has given their pre-approval and as we are so close to our 2008 Comprehensive Pian Update, these changes will be amended at that time. ZONING ORDINANCE The following is a list of all the parks in the City and their current zoning classification. Also listed are City Hall, Murzyn Hall, the public works building, Jackson Pond, and the library: 1. Albert A. Kordiak Park R-1, Single Family Residential District 2. Curt Ramsdell Park R-1, Single Family Residential District 3. Edgemoor Park R-2A, One and Two Family Residential District 4. Gateway Park R-2A, One and Two Family Residential District 5. Gauvitte Park R-2A, One and Two Family Residential District 6. Hilltop Park R-2A, One and Two Family Residential District 7. Huset Park I-l, Industrial District 8. Keyes Park R-1, Single Family Residential District 9. Labelle Park R-4, Multiple Family Residential District 10. Lomianki Park I-1, Industrial District 11. McKenna Park R-1, Single Family Residential District 12. Ostrander Park R-2A, One and Two Family Residential District 58 PLANNING & ZONING COMMISS[ON MINUTES PAGE 11 FEBRUARY 6, 2008 13. Prestemon Park R-1, Single Family Residential District 14. Silver Lake Beach R-1, Single Family Residential District i5. Silver Lake Park ix-i, Single Family Residentiai District 16. Sullivan Lake Park R-3, Multiple Family Residential District 17. Wargo Court CBD, Central Business District 18. City Hall R-3, Multiple Family Residential District 19. Jackson Pond R-2A, One and Two Family Residential District 20. Library LB, Limited Business District 21. Murzyn Hall I-1, Industrial District 22. Public Works I-1, Industrial District As stated previously, the creation of the Public District would place ail of the above-listed into one zoning classification. The proposed district would also list all permitted, accessory and conditional uses allowed within. The total amount of land to be rezoned is approximately 164 acres. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides all the parks and Murzyn Hall _ for "Park " use. City Hall is guided for "Community Center District ", the public works building is guided for "Industrial " and the library is guided for "Commercial ". The Comprehensive Plan guidance for City Hall, the public works building and the library will be amended during the 2008 Comprehensive Plan Update. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The City of Columbia Heights owns all the parcels that would be affected by this proposed zoning amendment. The cr^eation ~f a ne~2~ zoning district would make the z~ses of these propel^ties mor^e consistent with each another in terms of setbacks, parking requirements and performance standards. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed zoning amendment will create a new zoning distr^ict in which all the existing uses of the property to be rezoned will be compatible. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The purpose of the zoning amendment is to create a zoning district ,for all the public uses throughout the City. Doing so would make the uses, setbacks and performance standa~°ds for the parks and other public uses consistent with one another. 59 PLANNING & ZONING COMMISSION MINUTES PAGE 12 FEBRUARY 6, 2008 Staff recommends the Planning Commission recommend the City Council approve the creation of the "Public District" as outlined in the attached draft Ordinance. 4uestions from members: Schmitt was confused why single family homes or manufactured homes would be a permitted use in this district. Sargent explained that sometimes properties are obtained for Public Use, but are not used as such for a period of time while waiting for redevelopment or other various reasons, and by omitting this as a permitted use may make the properties non-conforming. He used an example of two houses that are currently within the overlay of Edgemoor Park. He also stated this is consistent with the language used by other cities. Peterson asked if it would make it easier for the Parks and Traffic Commissions to operate, and Sargent stated yes, that is one of the reasons it is being done. Gary Peterson thought the strip of land on the East side of Hart Lake and the NEI property on 41St Avenue should also be included. He is concerned that it would slow up the process for developing the NEI site if we wait to re-zone it at a later time. Sargent agreed and said he will check with Kevin Hansen prior to it going to the City Council. He stated that they had considered. adding the school property and the Liquor Stores in this district, but decided against it. If the schools were added, we would need to notify them as an involved party. And the Liquor Stores were omitted as they could potentially be resold as a retail establishment in the fixture. Mike Peterson wanted to know what percentage of each zoning district we have in our city and how we compare to other cities. Sargent told him the online version has a legend showing that information. Public Hearing opened. There was no further discussion on this matter. Public Hearine closed, Motion by Fiorendino, seconded by Peterson, that the Planning Cornnrission recon~n~ends the Cih~ Council approve the creation of the "Public District ", which would include all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works, and the library, as depicted on the attached zoning map, and to consider including the sites at 37`h and Hart Blvd and the NEI site on 41S' Avenue in this district. All ayes. MOTION PASSED. ORDINANCE NO. XXI!-'X BEING AN ORDINANCE AMENDING ORDINANCE NO.1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the following additions. §9.114 PUBLIC AND OPEN SPACE DISTRICT (A) Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the City to be retained and utilized for low density residential, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. 60 PLANNING & ZONING COMMISSION MINUT):S PAGE l3 FEBRUARY 6, 2008 (B) General provisions. (1) Compliance with applicable regulations. Any use established in a public district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2) tldministratio » The administra*don and enforcement of this article shall be in accordance with the provisions of §9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of §9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a public district after the effective date of this article shall comply with the applicable provisions of §9.106, General Provisions. (~ Compliance with specific development standards. Any use established, expanded or modified in a public district after the effective date of this article that is identified in §9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (6) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. (G~ Lot dimension, heighg and bulk requirements Lot area, setback, height and lot coverage requirements for uses in the public district shall be as specified in the following table: Public and Minimum Lot Area Single Family Dwelling 8,400 sq. ft. All Other Uses None Minimum Lot Width Single Family Dwelling 60 feet All Other Uses None Residential Building Setbacks Front Yard 25 feet Side Yard 5 feet Corner Side Yard 10 feet Rear Yard. 20% of lot depth Non-residential Building Setbacks Front Yard 25 feet Side Yard 5 feet Corner Side Yard 10 feet Rear Yard 20% of lot depth Single Family Parking Setbacks Front Yard (Excluding drives/pads) 25 feet Side Yard 3 feet Corner Side Yard 3 feet Rear Yard 3 feet Non-residential Parking Setbacks Front Yard 5 feet Side Yard 3 feet Corner Side Yard 3 feet Rear Yard 3 feet Maximum Height Residential structures 28 feet Non-residential structures None Non-residential Floor Area Ratio 1 61 PLANNING & ZONING COMMISSION MINUTES PAGE 14 FEBRUARY 6, 2008 (D) Pubic and Open Space District (1) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the P, Public and Open Space District: (a) County, Regional and City parks. (b} Playgrounds, athletic fields, recreational areas, and parking areas. (c) Cemeteries. (d) Publicly owned and operated facilities. (e) Single-family dwellings, including manufactured homes. (f) Essential services. (2) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the P, Public and Open Spaces District, subject to regulations set forth for conditional uses in §9.104, Administration and Enforcement, and the regulations for specific uses set forth in §9.107, Specific Development Standards: (a) Public or semi-public recreational buildings and neighborhoods or community centers. (b) Non-city governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community. (3) Permitted accessory uses Except as specifically limited herein, the following accessory uses may be allowed in the P, Public and Open Space District: (a) Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in this district. (b) The renting of rooms by a resident family for lodging purposes only and for the accommodation of not more than two (2) persons in asingle-family dwelling. (c) Living quarters for persons employed on the premises. (d) Home occupations. (e) Recreational vehicles and equipment. (f) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. (g) Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment (h) Private garages, parking spaces and carports for licensed and operable passenger cars and trucks. Chapter °, Article 1, Section °.104 (3)(5)(h) cf the Columbia Heights City Code, is proposed tc include the fellewing additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (J) Minor subdivisions (lot splits) (6) Required findings. The City Council shall make each of the following findings before approving a minor subdivision: (h) The proposed subdivision meets all of the design standards specified in the ~3-1-1-4 §9.115. Chapter 9, Article I, Section 9.104 (K)(6)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (K) Prelinzina~l~ plats. (6) Required findings. The City Council shall make each of the following findings before approving a preliminary plat: (a} The proposed preliminary plat conforms to the requirements of ~9-1-1-4 §9.115. Chapter 9, Article 1, Section 9.104 (L)(6)(b) of the Columbia Heights City Code, is proposed to include the following additions and deletions: 62 PLANNING & ZONING COMMISSION MINUTES PAGE 15 FEBRUARY 6, ?008 §9.104 ADMINSTRATION AND ENFORCEMENT (L) Fii'1ai piatS (6) Required findings. The City Council shall make each of the following findings before approving a final plat: (b) The final plat conforms to the requirements of ~~ §9.115. Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9114 §9.115 SUBDIVISION REGULATIONS Chapter 9, Article I, Section 9.114 (C)(3)('b)(4) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.114 SUBDIVISION REGULATIONS (C) Plats and data. (3) Final plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Council. (b) Additional plans to be submitted with the final plat include the following: Section 2: 4. Final Street plans for requirements established in ~9~-I4-§9.115 (D). This ordinance shall be in full force and effect•fr•om and after 30 days after its passage. NEW BUSINESS Sargent told members he had anet with a group at the High School and that they had been a good source of information. I-Ie is trying to schedule a t„eet,ng with the Seni~rc ~.rQUp fir their inp~~t. The fPerlbac~l{ he has received will be brought to a work session with the City Council and the Piannnig & Zoning Commission tentatively scheduled for 6 p.m. on Monday, February 25`" prior to the City Council meeting. If this date does not work, it will be rescheduled for early March. OTHER BUSINESS Szurek asked about the project on 37`" and Central. Sargent explained this was the case tabled at the beginning ofthe meeting and that it should be on the March agenda. The meeting was adjourned at 8:30 p.m. Respectfiilly submitted, Shelley Hanson 63 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: February 11, 20087 AV ~I A 1-' T (1 r~ SL 1 IvN: (l 7 7 t A T l.T!'• it A T1T T 7~, VRIGII'Vr~ i I1V V DErtin i IbiEN t . l'+i tJ w / A A rrn ~c~ i,1T r ivitiNtiV~tc ~ NO: Administration APPROVAL ITEM: Establish Date for BY: Walt Fehst BY: ~-°";~ ~ ~~ . ~f-" ' Annual Board of Review DATE: February I, 2008 , DATE: NO: Anoka County has requested that we select the date for the required annual Board of Review. The tentative date is Monday, April ~, 2008 at 6:00 p.m. in the City Council Chambers. Staff recommends the Council adopt the following motion: Recommended Motion: Move to establish the Local Board of Review meeting date for Monday, April 7, 2008, at 6:00 p.m. in the City Council Chambers. ~ ~° COUNCIL ACTION: 64 CITY COUNCIL LETTER Meeting of February 11, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER. NO. POLICE APPROVAL: t ~' .!.'~ ITEM: Approve Ral~le, Little Voyageurs' Montessori BY: Willian7 J. Roddy BY: ~ :-` School, St. Timothy's Lutheran Church DATE: January 24, 2008 DATE: NO. BACKGROUND: The Little Voyageurs' Montessori School, located in St. Timothy's Lutheran Church, 825 S 1 `' Avenue N.E., Columbia Heights, Minnesota, has submitted a request to conduct a raffle on Apri125, 2008 in St. Timothy's Lutheran Church, 825 51st Avenue NE, Columbia Heights, Minnesota. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolution regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51'" Avenue, Columbia Heights, on April 25, 2008; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. :kao Attacl•unents 08-23 COUNCIL ACTION: 65 Minnesofia Latnrf~t Gambling Page 1 0€2 6107 LVGLV A~3~31lCaIlOCI TOE' CXL11'l~t PGI"t"fllt 1=orBoarduseanly An exempt permit may be issued to a nonprofit organization that: F@@ ~~ ~~~ fO,r Check# • conducts lawful gambling on five or fewer days, and • al^IardS less tt)an $SrJ,C?0!; In pr;ZeS during^a ~ai''ci~dar yc'8r.V-`~`d' ~^+~'j~`y ~~'~ _. _ .. . _ , w ORGANI~ATIt7N INFORMATION _ _ ~ ''' _ Or anization name g ~~ ! , ;~/e tl ~ `- ' s ° S Previous gambling permit number ~ -D 7 - DD I ~ ~/ ~ v a eu ~ ~s S.SV ~-~ ~ O lo n 7 h ~~ ~ 3..5 .3 , Type of nonprofit organization. Check (~) one, ^ Fraternal ^ Retgiaus ^ Veterans Other nonprofit organization Mailing address Ci#y State/Zip Code County ~~~ ~/5~::. /~~' / 1 L / t "dLLI~'J'l~tJICL Nt'~J15 .~.5-~~ ~/~~t~'Q- Name of chief executive officer (CEO) Daytime phone number ,~art~-l.~ '~S' r~r~r gee. ~~v ,~ - ~Fl ~r O 8' ~" ~/ ATTACH ,4 COP`f OF ONE .OF THE FOLLOWING FOR P.Ft OQF OF NQt~PROF'll` STATI;IS * Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. _ NonprofitArtic[es of Incorporation bR a currentCerfificate afGood 5tandfng. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 _ Internal Revenue Service - tR5 income tax exemption j501(c}] fetter in your organization's name. ~ Don't have a ~opy? To ob#ain a copy of your federal income tax exempt le#ter, send your federal ID number and the date your organization initially applied far tax exempt status ta: IRS, P.O. Sox 2508, Room 4010, Cincinnati, OH 45201 tnternal Revenue Service - Affitiate of national, statewide, or international parent nonprofit organization (charter) if your organization falls under a parent organization, a#fach copies of 6_o~h_ of the following: a. iRS letfer•showing your parent organization is a registered nonprofit 501{c) organization with a group ruling b. the charter or letter from your paren# organization recognizing your organization as a subordinate. Enterna! Revenue Service -proof previoasiy submitted to Garnbting Control Board if you previoasiy submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required. GAM6LING PREMlSE~ 'fN:FQRl~IATION- Name o f premises where gambling activity wiii be conducted (for rafft~G~±t P~e where the draw'sng wil! take place) , / r l !/7 E ~~ •Q EC~v S ~ r)7"c~SSc~re~ cSC',~IUv Cd ~~ liiY~vrt S' .~L/ errzn Gf~zt Address (do not use P ax) ga -..~"JS~' rye /ifs' C'fy ~~ India,, oSi~rlj~s Zip Code ~5f-~ County /~~~o,~;~~, Dates} of activi ty (for raffles, indicate the date of the drawing} / Yr~! c~ v[ ~ ~ . Check the box or boxes that indicate the' type of gambling activity your organization wiii conduct: ^ `Bingo ~ Raffles ^ "Paddlewheels ^ "Pail-Tabs ^ "Tipboards * Gambling equipmerrC for pull-tabs, tipboards, paddlewheels, and bingo {bingo paper, hard cards, and bingo number selection device) must Be obtained from a distributor licensed by ttie Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and dick on List of Licensed Distributors, or call 651-639-4076. 66 LG220 Application for Exempt Permit Print county name On behalf of the county, !aoknowledge this application. Signature of county personnel receiving application `L(3CAL UNIT t:3F GOVERNMENT AC KNC.~INLEDG'MEN~' If the gambling premises is within city limits, _.. tf the gambling premises is located in a township, both the city must sign this application. the county and township must sign this application. Check.('} the action that the city is taking on Gheck (~) the action that the county is taking an this application. this application. _The application is acknowledged with no waiting period. _____The application is acknow-edged with no waiting period. The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting _____ period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 3t) days {60 days fora 1st class city). days. „_,_The application is denied. The application is denied. Print city name IOn behalf of the city, !,acknowledge this applicafion. (Signature of aty personnel receiving application NTitle Date f /, Title Date / t TOWNSHIP: On behalfofthe township,l aoknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve ordeny an application [Minnesota Statute 349.213, subd. 2)a Print township name Signature of township official acknowledging application Title Date ! 1 Page 2 of 2 sio7 ~GHI~~'-EXECUTIVE OFFICER'S SIGNATURE The information provided In this applicafion is complete and accurate to the best of my knowledge. !acknowledge that the financial report wik be completed and„refumed fo the Board within 30 days of the date of our gambling activity. Chiefexecutive Complete an application for each Gambing activity: • one day of gambling activity • two or mare consecutive days of gambling activity • each day a raffle drawing is held Send application with: • a copy of your proof of nonprofit status, and • $50 application fee €ar each event. Make check payable to "S#ate of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 3oD South Roseville, MN 55113 Financial report and recordkeeping required A financial report form and instructions will be sent with your permit. Within 30 days of the activity date, complete and return the financial epo :farm to the Gambling Control Board. Questions? Ca0 the Licensing Section of the Gambling Control Board at 651-639-4!176. t)ata privacy. This form wal be made available in aitemative fonnat (i.e, large print, Braille) upon request. The infomration requested on this form (and any attachments} will be used by the Gambling Control Board (Board} to determine your qualifications to be invohred in lawrul gambling adivities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualif[caficns and, as a consequence, may refuse to issue you a pennft. If you supply the infonnatian requested, the Board will be able to process your appiicatian. Your name and and your organization's name and address will be public irrfarmation when received by itre Board. Ali the other information you provide will be private data until the Board issues your permit When the Board issues your permit, all of the infomtation provided to the Board will become pubic. If the Board does not issue a permit, ail information provided remains private, with the exception of yorr name and your organization's name and address which will remain public. Private data are available to: Board members, 67 Board staff whose work requires access to the information; Minnesota's Department of Public Safely; Attorney General; Commissioners ofAdministration, Finance, and Revenue; Legislative Auditor, national and Intemationat gambling regulatory agendes; anyone pursuant to court order, other individuals and agencies that are spedficalty aulhadzed by state or federal [aw to have access to the information; individuals and agendes for vahlch law or legal order authorizes a new use or sharing of information afrer this Nafirz was given; and anyone with your consent. .dry w ~ - - : u "_ y - ~*. l•c `:-1<s.''~• ~ ~.~,:. ,~y.,. ~. ~,~:r _ ^~ i YAZ"' ~,t43?..__,. .r?',t'.. ;'~3k4` .:._iL'~`.-r a~9 „ C, ~, r .LITTLE VOYAGEURS MONTESSORI SCHOOL':. t7~2~91Q ~ 4 i ~.. ~ ~. KAREN SMITH ~ 'K : . 825 51ST AVENUE NORTH-EAST ~ I_ -~ ~~'' ~ , MINNEAPOLIS, MN 55421 aza `x ~~ :~~- _ ~a~ ~ .. US ANK COLUMBIA HEIGHTS, MN 55421 Q ~ '~fe0q ~®ooo ~ ~'a i X640 i8~88 3 ti's, ~ ~ 2 ' :e- . ., v I ~.. I{alen Stllltl'! Administrator Little Voyageurs' Montessori School ' ~ 825 51st Avenue N.E. Columbia Heights, MN 55421 Telephone:763-788-0889 Web Address: www.lvms-school.com • e A unique Montessori & lntergenerational program ~ _ 68 CITY COUNCIL LETTER Meeting of February 11, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPRO AL: '~- ITEM; Autho~•ization to purchase three replacement LY: :xlillSam J. Roddy BY: ,11u ,-® '. NO. police vehicles DATE February 7, 2008 DATE: BACKGROUND As a part of the Police Department Capital Equipment replacement plan to maintain a safe and dependable vehicle fleet, the Police Department requests the purchase oftwo replacement marked squads and the replacement ofone 10 year old administrative/investigation vehicle. The State of Minnesota has awarded the contract for the delivery of Ford police vehicles for 2008 to Denny Hecker's Monticello Ford-Dodge, Monticello, Minnesota. The base vehicle price listed in the bid for the Crown Victoria sedan is $20,786. As in past years, the deducts for the Crown Victoria sedans include, but are not necessarily limited to, engine block heater, rubber floor mats instead of carpet and elimination of cloth rear seats. Add-ons include courtesy lamp disabling, power front left seat, paint-white roof and doors with remainder of car black, elimination of rear access window control, rear door handles inoperative, courtesy lamp disable and key alike to other fleet squads. After the deducts and add-ons, the price of the car comes to $21,576. The base vehicle price fora 2008 Ford Taurus on the State bid is $18,166. The only addition to this administrative car cost is 57.00 for floor mats. Total cost with additions is $18,223. 2 Each 2008 Ford Crown Victoria: 4-door, base price with add-ons and deducts: $43,152 Plus sales tax 6.5% Exempt Sub total $43,152 ] 2008 Ford Taurus: 4 door, base price with add ons: $18,223 Plus sales tax 6.5% Exempt Total $61,375 ANALYSIS/CONCLUSION It is our recommendation to the Council that two new marked and one new unmarked police vehicles be purchased from the State of Minnesota bid, which has been awarded to Denny Hecker's Monticello Ford-Dodge, Monticello, Minnesota. RECOMMENDED MOTION: Move to authorize the purchase of two 2008 Ford Crown Victoria and one 2008 Ford Taurus police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of $61,375 and that the Mayor and City Manager are authorized to enter into a contract for same. WJR::kao 08-31 COUNCIL ACTION: 69 Yeas' Make Model En ine Transmission GRQWN VICTORIA 20178 FOR© POLICE INTERCEPTOR 4.6 V 8 FFV AUTUMATlC ~R rnn O: DATE: AT: PH.: MlNNESQ A Ct;?NTRACT NUMBER: 438386 GROUP # FAX: ~~ , . 008 t=O-RD CROWN . VICTt?Rta, Pt',1L3t:E INTERCEPTOR ~ QTY. CODE EXTERIOR COG ~ ~%NGLIJ©ES.j . J AGt ARl20NA SEIC POLtGE t ERCEPTOR PKG. {720A) 5" ROUND HEADI=R l.tG HT BU ME D. BROWt 4.6 V 8 EN ~ tNE 3.27 LIMITED SUP AXLE (45G) DX DARK BLUE PE1 AOD TRA MISSION HEATED MIRRORS {6i Kj HG SMOKESTON POWER L CKS ~ WINDOWS RADtO NOISE SUPPRESSION (53M) JL DARK TOREADOR CLOTH BU,~ KEr SEAT FRONT °` SPEED CONTROL (525j JP SILVER BlRCF CLOTH R R BENCH SEAT FR DOOR MOLDING !N TRUNK (96B) KR NORSEE BLUI TELT STEE . iNG -- ENGINE BLOCK HEATER (41 H) LK AtR COND ONlNG -~ CARPET W/FLOOR MATE (128) DARK BLUE MAP UG PWR D>rCK Lip REL ON DOOR (fiiH) LM ROYAL BLUE REAR WIN OW DEFR05T RR DOOR HANDLES INOP {t37A) LN LIGHT BLUE ABS BRAK S LEFT SPOT LAMP {51A) ~ LIGHT ICE BLU. AM/FM ST REO RADIO ~'OLICE PWR PIGTAIL {i79) MM ULTRA BLUE TM LIGFt7-GRAY PRICE $21,292.00 TN SILVER GRA LESS CREDIT STANDARD PAINT - 506.00 UA BLACK $20,786.00 W~' VIBRANT WHIT (DOt~ OT INCLUDE APPUCASt.E SALES TAK, LICENSE, OR TlTUNS FEE') IMPORTANT-TO RECEIVE THIS GOVT. PRICtNG YO MUST FIAVE A FORD FLEET ID # G US It= YOU t3C# NOT RECEIVE CONFIRMATION of YOUR ORDER. PAY EPiT IS. DUE UPON DELIVERY OF EACH VEHICLE. YG ! MEDIUM QTY. tNTERtOR COL RS CHARCOAL B CK MEDIUM LIGHTS ONE TAN SEPARATE PO°S FOR EACH VEHICLE IF NECESSARY + LADED WARRANTY OPTIONS + Must be tram the manutaaturer) 3-year 100y' miles; $0 deductible .........$1395.00 3-year 100,000 miles; $50 deductible .........$1390.00 &year 100, miles; $100 deductible ......$1265.00 4-year 100, miles; $0 deductible .........$1525.00 4-yeas 100. miles; $50 deductible ....,....$1395A0 4yeat 100; miles; $100 deductible ......$1270.00 r ~e~Y N~eeter~ GNTICELL.4 FC3RD Hwy. 25 South • Monticeifo, MN 55352 ie 763-2Ti-6307 ~ Fax 763-295.2702 lonny ~ dennyheckercom VEHICLE PRICE F ~ "- TOTAL OF OPTIONS FROM PAGE 2~ ~--= SUBTOTAL FOR EACH VEHICL~~"'`'.... i•~--- {-- v2 ~, S7 b f..--- Add sitar market pinstriptng on standard color vehicle -- $29.OD l Additional Owner's Manuats ($39A0 each) Pasts Manuats ($i25AD each) ~_ ServicelDriveabiiitylEmissionsJ ~ Electrical Manuals ($i98.OD each) ! Technical Service BuJietins ($89.95 annual subscription) TOTAL FOR FrgCH VEHICLE o2 ~~s...~~ ;~ _.-- NUMBER OF UNITS o2. ! "~ ____. GRAND TOTAL FOR ALL UNlT~ 7 ~r /S~ ..l1 DOESNOTtAtCLUOETRXd UC614SF 70 ov cuvv sa,-r.,.... .... ....~... ..._..- ----- --... _ ~'A4~iE 2 - QFTICN+I pADER 1=tJRt~li WEE 1 2 3 4 6 6 7 B 9 'IO 11 12 13 1~4 1Ei 16 1? 18 19 20 zi 2a 2T 1i8 82 33 34 97 813 41 42 d3 A4 X15 ', ~ 4g ar0 31 5~ 53 54 65 Es6 ST 58 COMF'OFi'i` & CONVENIENCE (3ROLJ~(pp~ ~ saeiasy FIRE BUPPR~SSION SYSTEM (Op1~ I LAMP PRE-WJRE ~RCiUP „b~ 179, 85[~t, 68P} F6W- 66U} SCE PFsE~ P.i~C~3E ~ BASE POLICE PREP pACKAC3E -COMPL£tE (Hai avsd<abie watt 17'9, ~'A, . 65W- ~ RADIOSUPPRE:SSIt3N PACKAtiE (Opt. a0 ponce ar+eriesy B51N, f51~) ViS~iLl'lY PPAC~CAt ~(Nct avattabie w~Utt i79. &SU~ i ~68~6'lT~. SASE uQHt'IAiQ PACKAGE= {Not avaRaYat~ r~liib 17'$. 66A. 85U, 68flli. 88P'~! AIR 8At38, t~E?E! CIRIVE~ >9 FASSENGER (Opt. aEl series AUplO, AM1FM S~TEREC3 DELEi1r { ell aeries) AUD10, AM~FM S7'EREt3 aK1SINt3l.E CD (Opt. aEi saaies} BAi.l.lS"i1C FRONT' dpUR PANEL - QRIwER QNLY . aJt } ~GRIlJ~tINC~1 LAMFB (Oirt- ap ~~~ & PASSENGER (Opt edE seriasf E?Et'~CI~. FUSE ~ pQCfA & 0' IQNEi10N POWERED <~WE E31ACK NEATf~I~( ~ t 1 fi~ttlreer r~ tC7~. ett series3 FLOOR COVERiNC~, t3RELLLAMP. SIREN & SPEAKER HEATED M119ROR3 (OpL ali sepias} H~pRN S ENS WIR114G PREP PACKA~t3EPS KEY~DAL~-KE`l CODE 1~s4x tvac. ~ ~eriesy t~Y®~ ~-~ C~E o1~X ~ a~ii sew3, KEYED ALptE -KEY CODE 1~5X (tom as seateaj KEYE'Q ALIKE -KEY CODE as?BX SOpt. air series} KEYEQ ALIKE -KEY rrODE 0 TAMP, ~ M~1P (S' CFl+iTER MGtINT) i~'-.'i.~"1'E (Opt. alE seetss) . I,AMP, D~vERS SIDE SPOT AgS.Y (~- all ~~> Ll1MP, DUALSE~'TASSEMBLY (Opt. aq ssrlas} LIGEMBE P~L.AW7E~ ACKEI'- F'I:tON~ {t)pt~ia~tt at1~ ~ LIMi'TED SUP DIFFERENTIAL (Opt. on 7s^AA, 7~ctp-1 LOCKING Leas ~ (©~. ail s~eates) . RlrAR OOE?Fi ~pL,ES INOPERAE3LE (Opt. ati series) MCILDii~It4S. COI.~C1R KEYED BODYSIDE-~ IidSTALLED (Opt. oa'i T20A~ 7"30A} NC~g, COI.dR KE:.1fE'~D flC3t~YSiDE _ $HE~'PED !N TRUNK (OpG oF+ 720A, 730A} Pmus. Powa~l Ap~IUSi'AE3LE (C~ ~ ) PK,~fAq., PpUCE PC)WER (Not riva>iebie wish BSA. 89N. B8P- 85W. FUADIO. Z WAY PRE-WiE~ REMJGTE KE1ll.>=" 3 ENTRY KEY FOE3 ROC?F WIpiN3, i'IEaI.E- iN CE31i'ER ~ FtOOP- EracELade$ Tatars! IaaW T@iraEacr>;erraea>t . CLiOTEii BUCKE.J'~3ICLOTH R~ ~~ ~~ O tVE9~1PASSE~1t1(Ea (OP'I- ~~ °. CtGiTN SPi.i'i' S ~~ ~~ T (Opt: ~ series, Ea~acivdad ~ 41,E Cotralort iG C SPEED C~INTROL {~ ~ ~~ Ezaolaaded Ira #1A Comlod & CcaraveNeraaa Pac~cege} TFIAG110N COii'i'f~iCl. (Opt ~ ~• ~~ 'TRt7h1K PACK NJ1/ft~-+4R FRONT LIt~tER {OpL air ssrie~ . TWp-71Di~ #t ~ eY~latyie an 7S0A. 770A) 1WG-7~JME 1F2 ai avallatste on T.SOA. TT6'tA} '~-TpNE 53 (Not av~ttsble an 75DA* 770A) WHEEI LAVERS. FE.5.2. +(~ ~ 720A. T30A) 5iae~da~cl 4n 95fl~1 grad 970a ~1ntVIpCWS, POWER DEI.EfE (»t1~ 3 passenger Sw& O~1-~ WIRE. SPOT LAMP PI~P~ DRIVER S1D£ (Opt o720u4. TA'~D1t}A~ ~ EHIGE 41A !98.00 605 2,988.00 g8p 847.00 68P i,T~.lSii 531N 80.00 QStI 8,461.00 $gW 2.696.00 g8P 1,84i9.O0 E59M ~~ 5SY (64.00 58~ 155.00 90H ~~'-W ?"ID H _ 50.00 _ 2li.00 177 28~ t1~D 17~ ~ ~a.~ a32 42.00 , a~5 ~ ~~ 438 ~t2,oo e 51A 16fl.00 S1Y •~ 165 67.00 1 ~ BAO g~ 2i.00 S8A 250 ~ S 5 9 C 101.00 1~ 21.00 8a8 38.00 14R 2'!4.00 i8T 184A0 ~ i88A0 ~ 147:00 147 160.00 g~ SBCROD 64N 3E~.00 r~ - 21.Q~ 51Z 161.00 1NIRilrEG. SPCtT LAME' PREP, 0!UAL SIDS (C1pt. ora Nis t~onA~t FlBgtSPE thre 1vie~. whea'D +N-CR~~ (rto code requit~3c! wlvetld Ftt~1} TOTAL OP RLL ©PTK>NS ADDED TO QRDE~t w.. f / t~~~~ 71 # MONT~CE~L® F+QRD-DODt~E 1005 Hwy. 25 South • Monticello, MN 55362 P.,T ~ Phone 763-271-6301 • Fax 763-295-2702 *~ ionny~dennyhecicercom GOVERNMENT SALES Customer [dame: Date: Year Make Mode! En ine Transmission 2048 FORD TAURUS SEDAN D24 ~.0 Vl6 AUTOMATIC heel Base Cab to Axie Color Tires °'t, ~ ~ P2i 5/64R17BSW 72 :; ~l ;~ NET PR1GE: """~~ Government Sates CITY COUNCIL LETTER MEETING OF: FEBRUARY 1 1, 2008 AGENDA. SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL _ p„- ITFM: COUNTY EXPENSES B :': ~~~ILLIAP/I ELRITE B ~': '` ~, ~`f I NO: DATE: 02/05/2008 Attached is an invoice from Anoka County for $19,246.69. Of this amount, $1.4,130.62 is the County's administration charge for administering the Tax Increment Financing Laws of Minnesota for the calendar year 2007 as it relates to the tax. increment districts in Columbia Heights. By state statute, Anoka County is allowed to charge the cities these expenses. This is the seventeenth year the county has charged this type of expense back to the cities. The City of Columbia Heights is required by law to pay these expenses. The following is a summary of the charges for the past ten years: Year 1998 Price/Parcel 9.48 Price/District 340.00 Total 11,422.64 1999 10.51 369.70 12,500.68 2000 11.35 377.15 1.3,288.95 2001 11.10 365.72 14,059.08 2002 10.29 347.09 13,465.67 2003 10.54 386.59 ].3,488.92 2004 9.91. 379.66 13,843.91 2005 9.24 376.49 15,734.64 2006 8.60 360.59 14,911.09 2007 8.44 351.31 14,130.62 In addition to billing for TIF administration, the county continues to bill for sending out the Truth in Taxation notices, $1,901.46, and Special Assessments billing of $3,214.61 for a total bill of $19,246.69. RECOMMENDED MOTION: Move to authorize payment of $19,246.69 to Anoka County for administering the 2007 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. WEams 0802051 COUNCIL Attachment COUNCIL ACTION: 73 rY /'~ T T ~ T T R' T i'~ T~ ~ ~ r4 z r ~;U u l~ 1 Y car A~ ~x~ DIVISION OF PROPERTY RECORDS AND TAXATION GOVERNMENT CENTER • 2100 3RD AVENUE • ANOKA, MN 55303 FAX (763) 323-5421 www.AnokaCounty.us/prop-records-tax • Property ~ssessnzent • Property Records and Public Service • Property Tax~ccounting and Research Mr. Bill Elrite Finance Director City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 Dear Mr. Elrite: February 1, 2008 I am herewith certifying your City°s total expenses Incurred by Anoka County in administering the Truth in Taxation Statutes, the Special Assessment Laws, and the Tax Increment Financing Laws of Minnesota for calendar year 2007. Below are listed the total amount for each and a grand total for your City. Please refer to the attached invoice for the breakdown of your charges. Truth in Taxation: Special Assessment: TIF: TOTAL AMOUNT DUE: Total: $1,901.46 Total: $3,214.61 Total: $14,130.62 $19,246.69 *Truth in Taxation: M.S. 275.065, Subd. 4, states that the cost for administering TNT is to be apportioned to the taxing jurisdictions on the basis of one-third allocated. to the county, one-third allocated to the cities and towns and one-third allocated to school districts. The casts will be allocated back to the taxing districts in the proportion that their tax parcels bear to the total number of county parcels. The total cost for providing parcel specific notices to Anoka County residents was $96,048. The notice was mailed to 123,016 property owners, an average of $.78 per parcel. *~i3eCiai AsSeSSments: T heSe experiseS represer'it the recordkeepiny- artd administrative fi.iiietionS performed by county staff as prescribed by M.S. 429.061. New special assessments were billed a setup charge at the rate of $100.00 per fund number issued and $1.00 per parcel. Existing special assessments were billed a maintenance charge of $27.94 per fund number and $1 ~79 per parcel. *Tax Increment Financing (TIF): These expenses represent the recordkeeping and administrative functions performed by county staff prescribed by M.S. 469.174 - M.S. 469.179. Please remit the TOTAL AMOUNT DUE by February 22, 2008. If. you have any questions, please contact me at (763) 323-5435. Sincerely, .. ,:~:xv~a~a ~c~ya Jo n Flavin Property Tax Accounting ~~~9i~~l~a.tlik l.~~i;CS Enclosure Affirmative Action / Equ~l40pportunity Employer ~:~Tax Accounting~~NVCELTR.ooc INVOICE TAXING JURISDICTION: GITY OF COLUMBIA HEIGHTS TRUTH IN TAXATIQN Parcel Count Total Total Due 7,300 $1,901.46 $1.901.46 SPECIAL ASSESSMENTS Quantity New Special Assessments Total . 5 Assessment Charge ($100/unit) $500.00 581 Parcel Charge ($1.00/unit) $581.00 Total 1081.00 Quantity Existing Specials Total 18 ` -Assessment Charge ($27.94/unit) $502.92 911 Parcel Charge ($1.79/unit) $1,630.69 Total 2 133.61 Total Special Assessment Charge 3 214.61 TAX INCREMENT FINANCING (TIF) Quantity TIF ID New Districts Base Cost Add. Time Total Quantity TIF ID Decertified Districts Decertification Charge Total Quantity TIF ID District Maintenance Parcel Costs District Costs Total 528 A3 $4,456:32 $351.31 $4,807.63 4 C7 $33.76 $351.31 $385.07 261 C8 $2,202.84 $351.31 $2,554.15 5 K2 $42.20 $351.31 $393.51 42 "~Q $354.48 $351.31 $705.7 9 40 P3 $337.60 $351.31 $688.91 0 P4 $0.00 $0.00 $0.00 10 R8 $84.40 $351.31 $435.71 8 S7 $67:52 $351.31 $418.83 102 T4 $860.88 $351.31 $1,212.19 258 T6 $2,177.52 $351.31 $2,528.83 Total Tax Increment Charge X14,130.62 TOTAL INVOICE AMOUNT $19,246_69 Please make check payable to ANOKA COUNTY and remit by FEBRUARY 22, 2008. Thank you. 75 CITY COUNCIL LETTER Meeting of: February 11, 2008 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL iTEM: Adopt Resolution 2008-27, a Resolution 13Y: Kirsten Partenheuner --~.- - BY: ~,~ .~ , Identifying the Need for Minnesota Housing Finance DATE: February I, 2008 L~ `' ~ , Agency (MHFA) Community Revitalization Fund (CRV) Funding and Authorizing an Application for Grant Funds Back$round• The purpose of this memorandmn is to request authorization from the City Council to apply for a Minnesota Housing Finance Agency (MHFA) Community Revitalization Fund (CRV) grant in the amount of $175,000 to fund land acquisition for the Single-Family Home Replacement Program (SFHR). The SFHR is a component of the ten-year Housing Maintenance Plan 2008-2017, for which, the City Council approved funding in October of 2D07. The SFHR program provides funding to allow for the replacement of the most blighted and dilapidated single-family detached homes in the city with new single-family housing. Fifty thousand dollars is allocated to the prograJn every other year in order to leverage additional funding from the MHFA's Community Revitalization Fund, and the Metropolitan Council's Local Housing Incentives Account. Since 2002, the EDA, in partnership with the Greater Metropolitan Housing Corporation (GMHC), has replaced five dilapidated homes with ] 0 new single-family homes that have had an average sale price of $232,000. The homes are at least 1,600 square feet and consist of three to four bedrooms, two bathrooms and atwo-stall garage. The GMHC is currently undergoing the redevelopment of 3805 2"d Street by demolishing the 732-square foot burned out and vacant rental home and replacing it with two new, single-family, owner-occupied homes. Recommendation: Staff recommends approving the application for a Community Revitalization Fund (CRV) grant though the Minnesota Housing Finance Agency (MHFA.). Recommended Motion: Move to waive the reading of Resolution 2008-27, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-27, a Resolution identifying the Need for Minnesota Housing Finance Agency (MHFA) Community Revitalization Fund (CRV) Funding and Authorizing an Application for Grant Funds. COUNCIL ACTION: 76 RESOLUTION NO. 2008-27 CITY OF COLUMBL~ HEIGHTS, MINNESOTA RESOLUTION IDENTIFYING THE NEED FOR MINNESOTA HOUSING FINANCE AGENCY (MHFA) COMMUNITY REVITALIZATION FUND (CRV) FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS, the City of Columbia Heights Economic Development Authority (EDA) adopted the ten-year Housing Maintenance Plan 2008-2017 to provide support to maintain the City's housing stock; and WHEREAS, the City of Columbia Heights City Council designated funds for the housing maintenance program; and WHEREAS, the Single-Family Home Replacement Program (SFHR) is a component of the Housing Maintenance Plan; and WHEREAS, the SFHR supports the Comprehensive Plan housing strategy of "demolishing the most seriously deteriorated single-family homes and working with the private sector to develop appropriate replacement housing;" and WHEREAS, $50,000 is programmed for allocation every other year for the SFHR in order to leverage additional funding from the Minnesota Housing Finance Agency's (MHFA) Community Revitalization Fund (CRV); and WHEREAS, the goal of the CRV program is to maintain and/or increase the supply of affordable, owner- occupied, single-family housing in the neighborhoods and commw~ities throughout Minnesota; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2008 CRV application to be submitted on February 11, 2008; and BE TT FURTHER RESOLVED that the City of Columbia Heights has committed $50,000 to the SFHR program to leverage further funds from the MHFA's funding resources; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE TT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE I'T FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE TT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized staff to submit an application for $175,000 for CRV funding from the Minnesota Housing Finance Agency (MHFA). Passed this _ day of , 2008. Offered By: Second By: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC, City Clerk 77 COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Consent Agenda NO: ITEM: Approval ofa Conditional Use Permit fora ORIGINATING DEPT.: Community Development BY: Jeff Sargent, City Planner consignment/secondhand store located at I DATE: February 7, 2007 508 - 40'h Avenue NE. BACKGROUND: ing of: February 11, 2008 CITY MANAGER APPROV AL ~ ~,.-° At this time, Nancy Percival d/b/a Nancy's Nifty Thrifty Boutique & Gift Shop is requesting a Conditional Use Permit (CUP) to allow aconsignment /secondhand store located at 508 -40'" Avenue. Ms. Percival has been operating the business at this location for the past couple ofmonths but did. not know that she needed a CUP to run a consignment store. Staffrealized that the store sold secondhand goods when an article in the StarTriburre was published, detailing the business. The applicant stated that approximately 80% ofthe merchandise sold in the store is secondhand or used. Items sold in the business include, but are not limited to: clothing, shoes, handbags, wallets, books, jewelry, candles, vases, knick- knacks, children's items (toys, puzzles, games, etc), and stuffed animals. The closest existing consignment/secondhand store is the Salvation Army located at 3929 Central Avenue. From property line to property line, the Salvation Army is approximately 3,195 feet away. The applicant's store meets the definition of a consignment/secondhand store and is located the correct distance from any other consignment/secondhand store in the City. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on February 7, 2008. They voted unanimously to recommend City Council approval ofthe Conditional Use Permit subject to the seven conditions listed in the recommended motion, with a 5-0 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-3 1, there being ample copies available to the public. Move to adopt Resolution No. 2008-31, approving a Conditional Use Permit for aconsignment/secondhand store located at 508 - 40'x' Avenue, subject to the conditions outlined in Resolution No. 2008-31. gttacnments: tceso[utron ~uv~r-.~1; rtz COUNCIL ACTION: Location 78 RESOLUTION N0.2008-31 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NANCY PERCIVAL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0202) has been submitted by Nancy Percival to the City Council requesting a conditional use permit from the City ofColumbia Heights at the following site: ADDRESS: 508 - 40"' Avenue. LEGAL DESCRIPTION: On fife at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(1}, to allow aconsignment/secondhand store. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 6, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regardvng the effect ofthe 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 and property upon which the use is located are adequately served. by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the 79 n___t__~'_._ i,r_ nnnn ~t n__.._ n RCJIIIUUI)ll 1Vll. GVV /-J 1 t'2l~'C G cumulative effect of other uses in the immediate vicinity. 7. T iie iisc %oiiipiics with ali otl'icr appli%ablc" r cgiiiatioilS iiir tl'ic district ni whiCii it iS iocatcd. 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 calenda~^ ti~ear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Consignment/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consigmnent/secondhand. stores, currency exchanges and pawnshops. 2. The window and door areas of any existing first floor facade along a public street or sidewalk shall not be reduced., nor shall changes be made to such windows and. doors that block views into and out of the building at eye level. 3. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 6. All receipt, sorting and processing of good shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewalks and alleys, aild all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Passed this of February 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: so i~~avnuiwi ivv. wvivi Patricia Muscovitz, CMC City Clerk n~ 1a 81 CITY OF COLUMBIA HEIGHTS PLANNING REPORT n n n ~ ~ r n no nnn I+HJE tVt,~,1BCR: L UO- GVG DATE: February 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: Nancy Percival LOCATION: 508 - 40t" Avenue NE REQUEST: Conditional Use Permit for Consignment Store PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Nancy Percival d/b/a Nancy's Nifty Thrifty Boutique & Gift Shop is requesting a Conditional Use Permit (CUP) to allow aconsignment /secondhand store located at 508 - 40t" Avenue. Ms. Percival has been operating the business at this location for the past couple of months but did not know that she needed a CUP to run a consignment store. Staff realized that the store sold secondhand goods when an article in the StarTribune was published, detailing the business. COMPREHENSIVE PLAN The Comprehensive Plan guides the property as a "Community Center District". The Community Center District is a mixed-use district, promoting commercial and retail services at the neighborhood level. A boutique store is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The property located at 508 - 40t" Avenue NE is zoned General Business (GB). The properties in the immediate vicinity are also zoned GB. The Zoning Code at Section 9.110 (E)(3)(I) allows for aconsignment/secondhand store as a Conditional Use. The Specific Development Standards at Section 9.107 (13) state the criteria in which the consignment store shall be used. These standards state the following: a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing City of Columbia Heights Planning Commission rebruary 6, 2008 Nancy Percival -Consignment Store Case # 2008-0202 consignment/secondhand stores, currency exchanges and pawnshops. Thg aprnli~ant Mated that arnrnrnximate~~ ~n% of the rnemhanClise Sold In thP_ store is secondhand or used. Items sold in the business include, but are not limited to: clothing, shoes, handbags, wallets, books, jewelry, candles, vases, knick-knacks, children's items (toys, puzzles, games, etc), and stuffed animals. The closest existing consignment/secondhand store is the Salvation Army located at 3929 Central Avenue. From property line to property line, the Salvation Army is approximately 3,195 feet away. The applicant's store meets the definition of a consignment/secondhand store and is located the correct distance from any other consignmentlsecondhand store in the City. b) The window and door areas of any existing first floor fagade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. The applicant has not taken any measures to reduce the window area or visibility into or out of the store at the eye level. The only alteration the applicant has made to the store window is the placement of the business signage, which meets City Code requirements. c) For new construction, at least 30% of the first floor fagade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. The building is not new construction. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. The store currently does not utilize these types of security devices. e) Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. f) An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. g) All receipt, sorting and processing of good shall occur within a completely enclosed building. h) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the Page 2 83 City of Columbia Heights Planning Commission February 6, 2008 Nancy Percival -Consignment Store Case # 2008-0202 purposes of removing litter found thereon. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A consignmenbsecondhand store is specifically listed as a Conditional Use in the GB, General Business District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the property as a "Community Center District". "The Community Center District" is a mixed-use district, promoting commercial and retail services at the neighborhood level. A boutique store is consistent with the intent of the City's Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The store will hold regular hours of operation consistent with other boutique- type of stores. The store will not have large shipments of goods and is scaled to a neighborhood level type of business. For this reason, the use will not impose disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will remain unchanged as a result of the proposed use of the existing retail space. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The character of the surrounding area is for neighborhood level businesses. A boutique store meets this intended use. Page 3 84 City of Columbia Heights Planning Commission February 6, 2008 Nancy Percival -Consignment Store Case # 2008-0202 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 508 - 40t" Avenue meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. This retail space has existed for several years. There will be no changes to on-site circulation of traffic or parking with the change of occupant for the tenant space. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The consignment store meets the 3, 000-foot criteria for the closest proximity permitted to another consignment use. (i} The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the G8, General Business District. RECOMMENDATION Staff recommends approval of the proposed CUP for aconsignment/secondhand store located at 508 - 40tH Avenue. Although this store meets the definition of a consignment store, the City Code relating to the matter deals more with larger secondhand retail chains. The nature of this business will be unobtrusive to the surroundong area and will be a good fit for the general area. Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for aconsignment/second hand store located at 508 - 40tH 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: Consignment/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges and pawnshops. Page 4 ss City of Columbia Heights Planning Commission February 6, 2008 Nancy Percival -Consignment Store Case # 2008-0202 2. The window and door areas of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such ~~1 '.,.-I...~~11.~ .~.~.-! rlnnr +F~~t hl~rtr~ ciic~eoc intn anr^) not of the hw~ilMling a4 ayP IP!/PI, YVIIIV VVVJ GIIV VVV1~ tl Gt NI VI V/li YJ 111 V IIM 3. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 6. All receipt, sorting and processing of good shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. ATTACHMENTS ^ Draft Resolution ^ Location Map Page 5 86 C~ - ~~'H 'E U E ~112G ~a 41 [~ G 4~~9 ~ ~ ~C~Sa 4442 4QSrt ~ ~` !- 4C~~vCa ~~~ ~C~~9 ~ 4t~4~ 4G4~ 4 C~4 C~ 4Li.,9 ~~'~ 403 4L~3& 4033 4~i34 4~3r 4G3't 4t3L~ 4C~~~ 4C+24 X25 ~ ~Q23 4G'€7 ~G~t3 4G'f4 4~ry~~43 ~#yt~~.'+C;2y ~.i f ~V~~ 4GCt$ '', 4C+L~2 '~~'f 42,3 ~ 432 .r .t o tr a. x ~~ ~ ~ c ~ 3~8G ~~~~ r ~S ~~~~ 3856 ~~~ t~~,,i f~,:~l°.T J 39 6t ~ .,92:; ~L 3G~~ ~~ X815 X48 3911 389'1 11:1-`=1 L1=~1"~!J LIJ 1- 4'~~ ~ 4'E2 ~# 4't'! 1 ~ "E ~ ~ ° 4's ~i 7 41 G'# ~ 41 i_~ ~i I- .~ r, i E ,L j=~ r{ ~ccati,n ~d1aC; , , _ ~. s 87 ..- '~ ,~ CITY COUNCIL LETTER Meeting of: 2/11/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZE STAFF TO SEEK BIDS FOR THE BY: K. Hansen & L. McClanahan BY: ' ~~'i -'`"'~ CAPITAL EQt1IPMENT REPLACEMENT OF UNIT #44, DATE: 2/'7/08 DATE: ELGIN EAGLE STREET SWEEPER Background: Unit #44 is an Elgin Eagle Street Sweeper that was purchased in 1993 for $105.000. It is Elgin Eagle Street Sweeper truck chassis high dump sweeper with a 4.5 cubic yard hopper that can off load into a dump truck. The unit is 15 years old and has 8,137 hours of recorded operation with an odometer reading of 54,864. Since 2000.. which is as far as the electronic maintenance records go back, $86,142 has been spent on repairs. This unit was scheduled for replacement in 2005, but was delayed for budgetary and other reasons. The shop supervisor has rated the mechanical condition as poor and the appearance as poor. The 2008 Capital Equipment Replacement budget allocated $200,000 split evenly between the Street Department and the Stortn Water Department for the replacement of the Elgin Eagle Street Sweeper. Analysis/Conclusions: Public Works has historically performed street sweeping operations using hvo mechanical sweepers. The goal has been to sweep all of the streets at least four times, and alleys and parking lots one time during the year. Additional sweeping is done after storm events and to prepare areas for street patching. In accordance with NPDES best management practices, streets that have low areas and areas that drain directly into lakes and ponds are swept first. Street cleaning has the greatest potential for reducing storm water pollution in the urban environment and it can do so at a relatively affordable cost. That s because most of all of the rain that falls on impervious surfaces goes onto pavement that is directly connected to an urban storm water collection system. Sweeping also prolongs the operational et~iciency of structural based devices, such as storm water retention ponds, and reduces the ongoing maintenance they require. Staff had previously discussed downsizing from two sweepers to one sweeper, but has reevaluated our practice. Recent publicized studies on the effectiveness of various types of street sweepers and the recent mandates of National Pollutant Discharge Elimination System (NPDES) Phase I and II storm water permits and the increasing need for practical total maximum daily load (TMDL) implementation plans make it clear that sweeping deserves a more central role. In fact, street sweeping should be an important part of tlic fiiatiagenicnt strategies for any urbar, storm water NPDES driven runoffprogram or T'`9DL implementation plan. 'Fo meet the requirements of the change in storm water rules, sweepers that pick up even the finest particulate fractions have entered the market. Studies have sho~e~n that mechanical broom sweepers like the two that the city currently owns have a pickup efficiency of approximately 20% to 30%. Regenerative air and vacuum sweepers have pickup efficiencies that range from 60% to 90% of tine particulates, increasing pollutant removals. National and local studies have shown the least cost per pound of pollutant removed during some seasonal conditions are actually achieved via tandem sweeping -which combines a mechanical broom sweeper followed by a regenerative air or vacuum sweeper. The mechanical sweeper is very good at picking up heavy debris and the regenerative air sweeper excels at picking up medium to light debris and particulates. A mechanical sweeper is also much more effective at picking up larger street surface COUNCIL ACTION: 88 CITY COUNCIL LETTER Meeting of 2/11/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: At1THORIZ.E STAFF TO SEEK BIDS FOR THE BY: K. Hansen & L. McClanahan BY: CAPITAL EQUIPMENT REPLACEMENT OF UNIT #44. DATE: 2/7/0$ DATE: ELGIN EAGLE STREET SWEEPER Continued -Elgin Eagle Street Sweeper Replacement Page 2 material from construction sites. such as millings or tracking resulting from vehicles or equipment passing through or leaving active construction projects. A regenerative air is more effective during fall leaf pickup operations. Staff recommends, after evaluating our own practices and reviewing national and local studies of sweeping practice and effectiveness, to replacement Unit #44 Elgin Eagle street sweeper with the purchase of one new regenerative air street sweeper Staff also recommends repair and retention of Unit #04 Elgin Pelican sweeper purchased in 1499 to extend the life of this unit. Staff recommends disposal of tlnit #44 Elgin Eagle street sweeper via trade-in. The following questions were presented at the February 4`h work session, with staff s responses following: What is the cost difference behveen a mechanical sweeper to a regenerative air sweeper? Fi•om the MN State Purchasing Contract; a regetreratfi~e air• maclrine has a 87,022 higher base price than the mechanical sweeper. It sltvuld also be r•ecogrri=ed that tlxe r•egener•ative air machine /:as a longer trsefzr/life and appr-oxirnately SO% /orver° average annzra/ maintenance costs than the mechanical slveeper. The regenerative air sia~eeper• has an 8 yd3 boz vs. 3-1 2 yd'for the rneclaanical sweeper. What is the warranty'? The warranty it 1 years bumper to bumper. The chassis carries a 3 year~36,000 mile ~a~arrarzty and the engine and transmission carries a S~~ear-~100, 000 mile warranty. What is the trade-in value versus an equipment auction range? The trade-in price for the 1993 Elgin Eagle is 813,500..4n auction range is estimated by staff at 810, 000 - 815, 000. Our Shop Supen~isor• rated the trade-in value as a fair price. It is always a gamble to take a piece of egzriprnent to azrction as there is no guarantee what price it will sell for, especially a 15- year sweeper. Recommended Motion: Move to authorize staff to seek bids for the Capital Equipment Replacement of Unit # 44 Elgin Eagle street sweeper. KH ,ib COUNCIL ACTION: 89 CITY COUNCIL LETTER Meeting of: 2/17/08 AGENDA SECTION: CONSEN"F AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ~~t ~ ITEM: AUTHORI7_E STAFF TO SEEK BIDS FOR THE BY: K. Hansen & L. McClanahan BY: ~ % :,t;G t CAPITAL EQUIPMENT REPLACEMENT OF UNIT #70 DATE: 2/7/08 DATE: 6 FORD LT9000 TANDEM AXLE DUMP TRUCK AND ATTACHMENTS Background: unit #70 Ford LT900 tandem axle dump truck was purchased in 199 for $109,476. It is equipped with a belly plow, wing plow, reversible front plow and spinner type sander. tlnit #70 is a primary truck used for street maintenance operations. It is 13 years old with >4,000 miles recorded and has chronic mechanical problems. The transmission overheats, the engine is leaking coolant, the steering is loose, and the suspension is weak. The shop supervisor has rated the mechanical condition as fair and the appearance as fair. Since 2000, which is as tar as the maintenance records go back, $ 67,922 has been spent on repairs. The 2008, Capital Equipment Replacement budget allocated $14,000 for the replacement of Unit #70 and attachments. Analysis/Conclusions: When Unit #70 was purchased in 1995, it was with the thought that the City would be able to continue hauling leaves to the Anoka County compost site in Ramsey and road salt from Northeast Minneapolis to Columbia I-leights, and be able to get more bang for the buck by hauling larger loads. Unit #70 could haul ] 0 ton compared to 7 ton that could be hauled by a single axle dump truck. This worked well until the product picked up and delivery points moved to remote locations. It is currently more cost effective to have the material hauled by contractors. Staff recommends replacement of Unit #70 tandem. axle 54,000 GV W dump truck and attachments with a single axle 35,000 GV W dump truck and replacing the attachments as identified above. Staff recommends disposal of Unit #70, Ford LT9000 tandem axle dump truck via trade-in. The following questions were presented at the February 4`h work session, with staff's responses following: • What is the cost savings downsizing to a single axle from a tandem axle vehicle? Fi•orrr the MN State Purchasir7g Contract the differer7ce is $8,100 for the chassis only, or approxirrrately 10% There tinould be an additional sarings•for a smaller dump truck box also. • What is the warranty? The i+~arranty is 3 years,~36, 000 miles standard. • What is the $67,922 in shop repairs dating back to the year 2000? The amour7t represents 83.1,708 in parts artd 833,214 in labor costs. Repair° items inchrde the engine, chassis, box and attachrrrerrts such as the ploH~. Recommended Motion: Move to authorize staff to seek bids for the Capita] Equipment Replacement of Unit #70 Ford LT 9000 tandem axle dump truck and attachments. KH:jb COUNCIL ACTION: 90 CITY COUNCIL LETTER Meeting ofFebruary 11, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER. NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: `~, ~ ~- r Licenses ,' NO: DATE: February 5, 2008 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED 1VIOT10N: Move to approve the items listed for rental housing license applications for February 11, 2008. COUNCIL ACTION: %- 91 LISL Oi LUU l t'Cetll't~i LIG~f ISCS W N(J~JI V VC Occupany I.D. Property Owner Name 20083 Jim Clobes Properly Address 4645 WASHINGTON 02/05/2008 09:14 s2 Page 1 _1 /1A/1A Pt. X1_1 1 ._ 1. A... ... ..... .~. L'i5i or wvo r~encai uCe~iSes w r~NN~vvc Occupany I.D. Property Owner Name 10090 Maria Galvan 12162 Kathryn Hoefs .1 ~~,pc I VVUV i~~,~d u„/1 L VGIt11G 1 IVGCf\ 12108 Cheryl Salchow Property Address 669 46TH 4303 UNIVERSITY 3807 nnglN 4660 Taylor 02/05/2008 09:15 93 Page 1 CITY COUNCIL LETTER Meeting of: February 11, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER j~0: LICenSe Departlllellt APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: February 7, 2008 BY-~%`J~ BACKGROUND/ANALYSIS Attached is the business license agenda for the February 11, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008, and a Secondhand Dealer's License for Nancy's Nifty Thrifty (subject to the Conditional Use Permit being approved). At the top of the license agenda you will notice a phrase stating *Signed Waiver Fonn Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 11, 2008 as presented. COUNCIL ACTION: 94 TO CITY COUNCIL February 1 l , 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG * Weld & Sons Plulmbing Gavic & Sons Plumb *Delson Plumbing *5`" Generation Pl. *Champion Plumbing *Century Plumbing Commers the Water Co *Hutton & Rowe Inc *Terry Overacker PI *Royalton Htg *Genz-Ryan PI & Htg *Centerpoint Energy *Larson Plumbing *Egan Co. *Pierce Refrigeration *Vogt Htg & AC *Louis DeGideo Services *McQuillan Bros Plumb DeZiel Htg & AC Sharp Heating & AC Let's Get Graphic *S & S Tree Specialists *Payless Tree Services *Reliable Tree Service 3410 Kilmer Lane N, PIymouth 12725 Nightingale St NW, Coon Rap$60.00 1308 42 '/~ Ave, Coi. Hts 578 Silver Lk Rd, New Br. 3670 Dodd Rd #100, Eagan 590 Hayward Ave No., Oakdale 9150 W 35W Service Dr, Blaine l 5790 Jarvis St, Elk River 502 E. Main St, Anoka 55303 4120 85`" Ave No, Brk Pk 2200 W. Hwy 13, Burnsville 9320 Evergreen Blvd NW, Coon Rap 3095 162°d Ln NW, Andover 7625 Boone Ave No, Brk Pk 1920 2"d Ave So., Anoka 3260 Gorham Ave. St. Louis Pk 21033 Heron Way, Lakeville 688 Hague Ave, St Paul 1612 3`d Avc NE, Buffalo 7221 University Ave, Fridley 2442 County Rd 10, Moundsview 405 Hardman Ave, So. St Paul PO Box 172, Cottage Grove 6600 Brookview Dr. Fridley *Kato Roofing 321 Lundin Blvd, Mankato *Stone Construction 2181 107t" Lane NE, Blaine *Cottonwood Construction 9240 Cottonwood Ln, Maple Gr. *Hamline Construction Inc 1901 Oakcrest Ave N #10, Roseville SECONDHAND DEALER'S LICENSE POL, F, BLDG,ZA *Nancy's Nifty Thrifty 508 40"' Avenue NE, Col. Hts $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $100 95 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: February 11, 2008 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 124599 through 124773 in the amount of $ 623 083.07 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 96 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 02/07/2008 10:29:55 Check History GL050S-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.......02/11/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Sank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru t:hru thru t:hru thru 124599 thru 124773 thru thru t.hru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL Ol P4 Y S 6 066 10 97 ACS FINANCIAL SYSTEM 02/07/2008 10 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 02/11/2008 COUNCIL LISTING CHECK NUMBER AMOUNT MINNESOTA CITY-CNTY MGMT 124599 165.00 ACCENT STORE FIXTURES 124600 16,662.99 ALLIED WASTE SERVICES 124601 2,113.26 ALLIED WASTE SERVICES 124602 245.00 AMERICAN BOTTLING COMPAN 124603 210.99 ANOKA COUNTY 124604 0.00 AWARDS BY HAMMOND INC 124605 12.00 BARNA GUZY & STEFFEN LTD 124606 13,727.00 BARNICK/ROBERT & PRISCIL 124607 379.00 BELLBOY BAR SUPPLY 124608 53.85 BELLBOY CORPORATION 124609 634.80 BONESTROO 124610 14,644.18 CAPITOL BEVERAGE SALES L 124611 18,824.91 CENTER POINT ENERGY 124612 188.37 CHISAGO LAKES DISTRIBUTI 124613 5,991.04 CITY OF COLUMBIA HEIGHTS 124614 153,651.58 COCA-COLA BOTTLING MIDWE 124615 445.50 COLUMBIA HEIGHTS TRANSIT 12;4616 7,106.00 CORDES/ADAM 124617 150.00 COSTELLO/TOM 124618 70.33 CREST VIEW ONDC 1 1e^^,4619 18,048.00 DAKOTA COUNTY RECEIVING 124620 63.00 DANIMAL DISTRIBUTING INC 124621 867.07 EHLERS & ASSOCIATES INC 124622 828.00 EXTREME BEVERAGE 124623 256.00 FEHST/WALTER 124624 39.88 FIRE INSTRUCTION & RESCU 124625 670.00 FRATTALONE COMPANIES INC 124626 21,240.00 GENUINE PARTS/NAPA AUTO 124627 72.29 GORMAN/GARY 124628 33.00 GRIGGS-COOPER & CO 124629 25,843.26 HEIGHTS ELECTRIC INC. 124630 2,160.00 HOHENSTEINS INC 124631 1,598.97 HOOK/JEFF 124632 0.00 INSTRUMENTAL RESEARCH IN 124633 627.80 ISANTI COUNTY EQUIPMENT 124634 532.50 JOHNSTON/ERIK 124635 68.97 KENNEDY & GRAVEN 12.4636 131.97 KIWANIS CLUB 12.4637 500.00 KIWANIS GOLDEN K FRID-CO 124638 500.00 KOLOSKY/STEVE 124639 14.28 CINDER/LINDA 124640 27.50 MARK VII DIST. 124641 5,644.48 MENARDS CASHWAY LUMBER-F 124642 2.96 MINNEAPOLIS OXYGEN CO. 124643 11.91 MN DEPT OF ADMINISTRATIO 124644 492.03 NEEDHAM DISTRIBUTING CO 124645 215.55 98 ACS FINANCIAL SYSTEM 02/07/2008 10 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 02/11/2008 COUNCIL LISTING CHECK NUMBER AMOUNT NEXT DAY GOURMET 124646 998.97 NORTH AMERICAN SALT CO 124647 6,811.24 NORTHEASTER 124648 621.00 NORTHERN AIR 124649 1,737.59 OLSON/KAREN 124650 83.18 ONE-CALL CONCEPT-GOPHER 124651 66.70 PETTY CASH - JOANNE BAKE 124652 92.51 PETTY CASH - KAREN MOELL 124653 90.56 PETTY CASH - KAREN OLSON 124654 114.75 PRO-PAC 124655 1,294.20 QWEST COMMUNICATIONS 1:4656 207.76 RETAIL DATA SYSTEMS OF M 124657 540.00 SARNA'S 124658 11.44 SCOTT/LARRY 124659 150.43 SHAMROCK GROUP-ACE ICE 124660 311.84 SPRINT INC 124661 125.10 STREICHER'S GUN'S INC/DO 124662 487.63 SURLY BREWING CO INC 124663 401.00 T-MOBILE INC 124664 197.91 USA MOBILITY WIRELESS IN 12.4665 117.28 VANPILSUM/JOHN 124666 6.00 VERIZON WIRELESS 124667 100.78 WELLS FARGO BANK 124668 4,169.22 WHZTE/BROOK 124669 25.00 XCEL ENERGY (N S P) 124670 26,802.95 ANOKA COUNTY 124671 18.50 ANOKA COUNTY 124672 13.56 ADEN/ANAL 124673 250.00 ALCOHOL & GAMBLING ENFOR 124674 250.00 AMERIPRIDE INC 124675 33.14 ASPEN MILLS, INC. 124676 88.20 CENTRO BRADLEY SPE 5 LLC 124677 11,940.57 COLUMBIA HEIGHTS I 1:?4678 5,570.70 DANIEL/DANIELLE 124679 300.00 DEX MEDIA EAST LLC 124680 403.65 EXTREME BEVERAGE 124681 480.00 FIRST NATIONAL INSURANCE 124682 1,000.00 INTEGRA TELECOM INC 124683 161.97 JJ TAYLOR DIST OF MN 124684 18,580.91 JOHNSON BROS. LIQUOR CO. 124&85 1,797.71 MARCO CO INC 124686 46,769.00 MINNESOTA COACHES INC 124687 564.75 MN CHAPTER IAAI 124688 450.00 NSRMAA 1'?4689 360.00 PHILLIPS WINE & SPIRITS 124690 2,562.28 QUALITY WINE & SPIRITS 124691 2,666.63 QWEST BUSINESS SERVICES 124692 33.18 99 ACS FINANCIAL SYSTEM 02/07/2008 10 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 02/11/2008 COUNCIL LISTING CHECK NUMBER AMOUNT SHAFER/TESS 124693 27.50 SKAVNAK/LORRAINE 124694 48.00 SOLTYS/MARY 124695 48.00 STREICHER'S GUN'S INC/DO 124696 460.88 SYNOWCZYNSKI/STEVE 124697 24.00 VERIZON WIRELESS 124698 111.16 ACE HARDWARE 12.4699 24.11 ACE SUPPLY COMPANY INC 124700 100.94 AER TECH, INC 12;4701 3,435.00 AMERICAN LIBRARY ASSOCIA 124702 34.00 AMERICAN TEST CENTER 124703 880.00 ASPEN MILLS, INC. 124704 49.95 ASSOC OF METRO MUNICIPAL 124705 6,191.00 BAKER & TAYLOR 124706 3,532.76 BIFF'S,INC. 124707 350.05 BONESTROO 124708 3,038.34 BORROUGHS CORPORATION 124709 4,283.70 BRAKE & EQUIPMENT WAREHO 12;4710 139.33 C. ADLER MARTIAL ARTS SE 124711 995.75 CAMDEN PET HOSPITAL, INC 12:4712 1,229.33 CATCO PARTS SERVICE 124713 38.29 CINTAS FIRST AID-SAFETY 124714 437.77 COLUMBIA HEIGHTS BASKETB 12:4715 400.50 COLUMBIA HEIGHTS RENTAL 124716 38.00 COORDINATED BUSINESS SYS 124717 1,041.80 DEEP ROCK WATER COMPANY 124718 60.55 DEMCO MEDIA 12.4719 134.58 DNR ENTERPRISES 124?20 249.56 EGAN OIL COMPANY 124721 11,020.55 ELERT & ASSOCIATES 124722 2,899.89 EMERGENCY AUTOMOTIVE TEC 124723 98.25 FIDELITY BUILDING SERVIC 124724 5,167.90 FIRE ENGINEERING 124725 21.00 FIRE EQUIPMENT SPECIALTI 124726 7,454.79 G & K SERVICES INC 124727 608.15 GENUINE PARTS/NAPA AUTO 124728 269.14 GOVERNMENT FINANCE OFFIC 124729 145.00 GREEN LIGHTS RECYCLING I 14>4730 134.35 HARBOR FREIGHT TOOLS 124731 21.25 HD SUPPLY WATER WORKS 124732 362.00 HOME DEPOT #2802 124733 609.92 INDEPENDENT SCHOOL DIST 124734 5,482.96 INTEGRATED LOSS CONTROL 124735 756.00 INTOXIMETER INC 124736 137.39 KIRKUS REVIEW 124737 270.00 LEAGUE OF MN CITIES INS l:?4738 93,087.25 LETTUCE CATER 124739 122.48 100 ACS FINANCIAL SYSTEM 02/07/2008 10 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 02/11/2008 COUNCIL LISTING LITTLE FALLS MACHINE INC MAC QUEEN EQUIPMENT CO. MARSHALL CONCRETE PRODUC MEDICS TRAINING INC MENARDS CASHWAY LUMBER-F MET COUNCIL REGIONAL DAT METRO CHIEFS OFFICER FIR MINNEAPOLIS SAW CO INC MINNEAPOLIS SAW CO INC MN RURAL WATER ASSOC MN SOCIETY OF ARBORICULT MN STATE FIRE CHIEFS ASS MSES NORTHEASTER OFFICE DEPOT PHYSICIANS DESK REFERENC PLEAA-PROF LAW ENF ASSIS POSITIVE PROMOTIONS PRO PRODUCTS LLC QUICKSILVER EXPRESS LOUR S & T OFFICE PRODUCTS IN SCHINDLER ELEVATOR CORP SHERWIN WILLIAMS STAPLES BUSINESS ADVANTA STAR TRIBUNE SUN PUBLICATION INC SURPLUS SERVICES THOMSON GALE TWIN CITIES TRANSPORT & UNIVERSITY OF MINNESOTA VERIZON WIRELESS VOSS LIGHTING WILD MOUNTAIN WW GRAINGER,INC CHECK NUMBER AMOUNT 124740 606.37 124741 87.13 124742 1,592.19 124743 550.00 124744 322.19 124745 1,806.75 124746 200.00 124747 14.89 124748 116.28 124749 210.00 124750 40.00 124751 305.00 124752 30.00 124753 240.00 124754 846.73 124755 184.85 124756 60.00 124757 729.63 124758 278.02 124759 58.83 124760 599.35 124761 285.69 124762 319.78 1<'.4763 205.65 124764 328.00 12'4765 326.44 124766 10.00 12.4767 26.22 1<:4768 106.50 124769 85.00 124770 51.47 124771 134.75 124772 479.25 124773 147.98 623,083.07 *** 101 ACS FINANCIAL SYSTEM 02/07/2008 10 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 02/11/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 623,083.07 RECORDS PRINTED - 000597 102 ACS FINANCIAL SYSTEM 02/0 7/2008 10:29:58 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 78,157.38 201 COMMUNITY DEVELOPMENT FUND 994.07 212 STATE AID MAINTENANCE 2,571.67 225 CABLE TELEVISION 2,899.89 240 LIBRARY 11,646.54 261 TWENTY-FIRST CENTURY PROGRAM 779.25 272 POLICE GRANTS-OTHER 5,482.96 385 MULTI-USE REDEVELOPMENT PLAN 379.00 389 R8:TRANSITION BLK REDEVELOP 25,154.00 401 CAPITAL IMPROVEMENTS 5,908.13 412 CAPITAL IMPROVEMENT PARKS 4,924.31 415 CAPITAL IMPRVMT - PIR PROD 270.44 420 CAP IMPROVEMENT-DEVELOPMENT 21,506.32 436 CAPITAL EQUIP REPLACE-LIQUOR 59,591.99 601 WATER UTILITY 3,395.32 602 SEWER UTILITY 4,820.41 603 REFUSE FUND 1,012.27 604 STORM SEWER UTILITY 8,852.33 609 LIQUOR 113,832.49 652 SEWER CONSTRUCTION FUND 270.00 701 CENTRAL GARAGE 19,996.58 720 DATA PROCESSING 1,092.14 880 PERMIT SURCHARGE 1,806.75 884 INSURANCE 94,087.25 885 PAYROLL FUND 153,651.58 TOTAL ALL FUNDS 623,083.07 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 623,083.07 TOTAL ALL BANKS 623,083.07 CITY OF COLUMBIA HEIGHT:> GL060S-'V06.74 RECAPPAGFs GL540R 103 CTTY COUNCIL LETTER Meeting of: 2-1 ] -08 AGENDA SECTION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ~ ITEM: RESOLUTION ACCEPTING DONATION OF BY: K. Hansen BY: ~ ? "~ $125,000 FROM THE ES"PATE OF EDITH P. WARGO FOR DATE: 2/7/08 DATE: WARGO C0~1RT PARK Background: Staff requests that the City Council adopt the attached resolution to accept the donation in the amount of $125,000 from the Estate of Edith P. Wargo for park maintenance and improvements for Wargo Court Park. The primary intent ofthis resolution is to comply with Minnesota Statute 465.03 -Gifts to Municipalities. The statute provides that municipalities can accept gifts subject to donor terms, if the acceptance is by a resolution approved by at least two-thirds of the City Council. It should be noted that the statute prohibits accepting gifts with religious or sectarian purposes. Analysis and Conclusions: The estate of Edith P. Wargo previously donated gifts to the Police, Fire and Rescue funds of Columbia Heights, without conditions. The Wargo estate also included a donation of $125,000 to Wargo Court Park, with conditions. Those conditions are in the resolution and are identified as: I . The funds donated from the Wargo Estate will be specific to Wargo Court and segregated in City of Columbia Heights accounts. 2. Representatives of the Wargo Estate, Linda Workman and Robert Guzy, will each be contacted both in advance of any improvements not considered maintenance and following the completion thereof. 3. The term of the donation shall be 25 years. 4. Funds will be used in two categories: Annual Maintenance and Capital Improvements. 5. If, during the 25-year time period, the City changes the use of the land currently designated as Wargo Court Park, any remaining funds would be used. to maintain another City park in Columbia Heights. Staff recommends that the City Council adopt the resolution accepting the donation in the amount of $]25,000 with conditions as listed. Recommended Motion: Move to waive the reading of Resolution 2008-34, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2008-34 being a resolution to accept the donation of $125,000 from the Estate of Edith P. Wargo for park maintenance and improvements for Wargo Court Park. Attachment: Resolution 2008-34 KH:jb COUNCIL ACTION: 104 RESOLUTION N0.2008-34 ACCEPT CERTAIN GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS \A/i-IEREAC the ('itv (lf(`~1i";nhia ~P76~1tC 11aC PP('PiVef~ t11P f(111lllAilila 6i{~C' Form Date Donor Amount Purpose Pledge 02/11/08 Estate of Edith P. Wargo $125,000 Park Maintenance and Improvements for Wargo Court Park Contributed Projects -Parks $125,000 Whereas the following conditions are made a condition of the Wargo Estate Donation: 1. The funds donated. from the Wargo Estate will be specific to Wargo Court and segregated in City of Columbia Heights accounts; and 2. Representatives of the Wargo Estate, Linda Worlanan and Robert Guzy, will each be contacted both in advance of any improvements not considered maintenance and following the completion thereof; and 3. The term of the donation shall be 25 years; and 4. Funds will be used in two categories: Annual Maintenance and Capital Improvements; and 5. If, during the 25-year time period, the City changes the use of the land currently designated as Wargo Court Park, any remaining funds would be used to maintain another City park in Columbia Heights. BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights that the City of Columbia Heights accepts this gift subject to the above referenced donor- prescribed conditions. Passed this _ day of February 2008 Offered by: Seconded by: Roll Ca11: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 105 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: February 11, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Amendment to Resolution No. 98-90 fora BY: Jeff Sargent, City Plam~er BY: . ! ,;-'; lot split at 4121 Stinson Blvd. DATE: February 7, 2007 t BACKGROUND: On October 12, 1998, the City Council approved a lot split at 4121. Stinson Boulevard for Betty Nardle. Ms. Hardle requested that 20 feet from the south side of Lot 12 be added to Lot 13 to allow the addition of a garage and driveway to meet setback requirements. The remainder of Lot 12 will be 80 feet wide and will be available as a separate lot. The City Council approved the lot split with one condition, being that Resolution 98-90 will be approved subject to removal of the pool and. later removal ofthe driveway contingent on the sale ofthe adjacent parcel (Tract "B"). Ms. Hardle recorded. the Resolution with the County and is now part of her property records. At this time, Ms. Hardle would like to sell the northern lot (Tract "B") to the neighboring property owner to the north. Ms. Hardle has also successfully removed the said pool, but would like to retain the driveway, which Resolution 98-90 required the removal of, contingent to the sale of Tract "B". The prospective buyer of the land would like to buy Tract "B" and maintain it as a buffer zone between the two houses for the time being. The buyer does not want Ms. Hardle to have to remove the driveway and has agreed to an easement for the driveway use. Therefore, Ms. Nardle is requesting an amendment to Resolution 98-90 to remove the requirement that the driveway would be removed contingent on the sale of Tract "B". RECOMMENDATION: Stafffeels that this request is in harmony with the intent ofthe original ruling on this case. Being that the land will not be developed for single-family use and will. continue to serve as open space between the two existing single-family homes, staff recommends approval of this request. A condition of approve will be that the applicant records the driveway easement with Anoka County, RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-32, there being ample copies available to the public. Move to adopt Resolution No.2008-32, approving an amendment to Resolution 98-90 to remove the requirement for removal ofthe driveway contingent on the sale ofTract "S" for the property located at 4121 Stinson Blvd., subject to the conditions outlined in Resolution No. 2008-32. Attachments: ltesofuttor~ lUUcY-jl; 1 yY~ Y+G Memo; Kesolutron Y~-yU, Locat7or7 COUNCIL ACTION: 106 RESOLUTION N0.2008-32 RESOLUTION AMENDING RESOLUTION 48-90 FOR A MINOR SUBDIVISION (LOT SPLIT) LOCATED AT 4121 STINSON BOULEVARD WHEREAS, a proposal (Case No. 9810-43) has been submitted by Betty Hardle to the City Council requesting a minor subdivision from the City ofColumbia Heights Subdivision Code at the following site: ADDRESS: 4121 Stinson Blvd. EXISTING LEGAL DESCRIPTION: Lots 12 and 13, Block I, Silver Lake Addition to Columbia Heights, Minn., Anoka Co., MN. THE APPLICANT SEEKS APPROVAL OF AN AMENDMENT TO RESOLUTION 98- 90, TO REMOVE THE CONDITION OF APPROVAL THAT THE DRIVEWAY LOCATED ON SAID TRACT B WOULD HAVE TO BE REMOVED CONTINGENT TO THE SALE OF TRACT B. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on October 6, 1998. 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 proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions ofthis article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 107 Resolution No. 2008-32 Page 2 o. Tile proposed si.iudiviSioil t%tectS aii of the dcsi~rt Stai'tdardS spccii,~d iii the yn. i i-nr. FURTIiER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. The applicant shall record the joint driveway easement with Anoka County. Passed this 11th. day of February 2008 Offered by: Seconded by: Roll Ca11: Ayes: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Cieric/Council Secretary 10$ Case: 98 l 0-43 Page: 1 STAFF REPORT To THE PLANNINC AND ZONIlVG COMNIISSION FOR THE OCTOBER f), 1998 PUBLIC HEARING Case #: 9810-43 GENERAL INFORMATION Owner: Betty Hardie Applicant: Address: 41.21 Stinson Blvd. Columbia Heights, MN Phone: 781-1066 Parcel Address: 4121 Stinson Blvd. Zoning: R-1, Single Family Residential Comprehensive Plan: LDR -Low Density Residential Surrounding Zoning and Land Uses: North: R-1 South: R-1 East: R-1 i~'est: R-1 Zoning BACKGROUND same Land Use North: Residential South: Public/Park East: Silver Lake West: Residential Explanation o,~Request: This is a request for a lot split of the property located. at 4121 Stinson Blvd. Currently, 4121 Stinson 81vd. consists of Lots 12 and 13, Silver Lake Addition to Columbia Heights. The applicant requests that 20 feet from the south side of Lot 12 be added to Lot 13 to allow the addition of a garage and driveway that meet setback requirements. The remainder of Lot 12 will be 80 feet wide and will be available as a separate lot. Section 9.407(3) of the Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Corrunission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. Case Histoy°y: There are no previous Planning and Zoning Commission cases on the property. 109 Case: 9810-43 Page: 2 ANALYSIS Sur-rouy~ding Property: The surrounding property in all four directions is zoned R-1, Single Family Residential. The adjacent parcels to the north and across the street to the west are used residentially. The property to the south is public property and is part of Silver Lake Park. Silver Lake is to the east ofthe subject property. Technical Review: As mentioned above 4121 Stinson Blvd. consists of Lots 12 and 13, Block 1, Silver Lake Addition to Columbia Heights. Essentially, this is a proposal to separate Lot 12 from Lot 13, and to add the southern 20 feet of Lot l 2 to Lot 13. This will create two separate lots which are designated as Tract AA@ and Tract AB@ on the boundary survey. Tract AA@ will contain the existing house. Currently, the driveway leads into atuck-under garage on the north side of the house. The applicant is proposing to convert this garage into a storage area, and to construct a new attached garage offthe northwest corner ofthe house. In order for the new garage to meet the 7 foot side yard setback requirement, the additional 20 feet is needed. Section 9.107(4) of the Zoning Ordinance requires the following lot dimensions in the R-1 District: $ Minimum lot area shall be 8,400 square feet -both. properties will meet this requirement; $ Lot width shall be 70 feet -bath properties will meet this requirement; $ Front yard shall be 25 feet -the proposed garage will meet this requirement; $ Rear yard shall be 30 feet -this will not be impacted by the proposal; $ Side yard shall be 7 feet -both properties will meet this requirement. Should the lot split occur, Tract PA@ will be 120 feet wide and Tract AB@ •~~ill bo RO foot wide with 84 feet of frontage along Stinson Blvd. As mentioned above, both lots will exceed the minunum lot width requirement. Also, Section 9.104(5) of the Zoning Ordinance requires that any lot over 6,500 square feet may have a lot coverage of up to 30%. Tract AB@ will be vacant of any structures and Tract AA@ will have a ]ot coverage of approximately 11 %. The survey shows that there is an existing pool and blacktop drive that cross the property lines. The applicant has stated that these will be removed. Com~liarrce with City Comps°ehensive Plan: The City Comprehensive Plan designates this area for future low density residential development. One of the major constraints to furthering new development in the City is that the community is essentially fully developed. The second policy in the Land Use and Redevelopment portion of the Plan states that: AThe infilling of vacant parcels and the rehabilitation of existing development land will be in accordance with uses specified in the Land Use Plan.@ The proposal is consistent 110 Case: 9810-43 Page: 3 with the City Comprehensive Plan. Su~nf~za~w: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan. 2. The proposed lot split meets all Zoning Ordinance requirements. 3. The split will create an additional building lot in the City. The negative aspects of this proposal are as follows: 1. Provided the existing pool and drive are removed, the proposal does not appear to have any negative aspects. CONCLUSION Sta,~f Recon~~nendation: Staff recommends approval of the lot split as it meets the technical standards of the Zoning Ordinance and is consistent with the City Comprehensive Plan. Recommended Motion: Move to recommend City Council approval of the lot split, subject to removal of the pool and driveway. Attachments• $ Completed application form; Area map; Boundary survey; Resolution No. 98- ;and Notice of Public Hearing 111 3~- ~o~a~. !~. oo.~ RESOLUTION N0.98 - 90 ~ SUBDIVISION REQUEST' CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Betty R. Handle, Hereby request a split of PIN 36 30 24 14 0054 Legally described as: Lots 12 and 13, Block 1, Silver Lake Addition to Columbia Heights, Anoka County, Minnesota. Subject to easements of record. THE DESCRIPTION HENCEFORTH TO BE: A. Lot 13, and the South 20.00 feet of Lot i2, Slock 1, SILVER LAKE ADDITION TO COLUMBIA HEIGHTS, Anoka County, Minnesota. B. That part of Lat 12, Block 1, SILVER LAKE ADDITION TO COLUMBIA HEIGHTS, Anoka County, Minnesota, lying northerly of the South 20.00 feet thereof. Be it further resolved that speciat assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, have been paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (l}year of the date of the Council action. PLANNING ~ ZONING DEPARTMENT ACTION: Listed on Page 2 This 6 day of October , 1948 . Offered by: Peterson Seconded by: Ramsdell .Roll CalCaflL• /A/l l ayes . ing~ leer ~ ~~ CITY COUNCIL ACTION: ~~ Signature Owner, Notarized 4121 Stinson Blvd NE Owner's Address T eie~hane No. 612-781-1066 SUBSCRIBED AND SWORN TO BEFORE ME this ~~~day of September, 1998. Notary Public Listed on Page 2 ~ 3/~NE II~Ud pLFJ1;iON Thisl 22=h day of October, 1998. 11QiAHYWEt.IC-iYtBiESOTA MM~~~+"' Offered by: Szurek ~~~'~~~~~'~ Seconded by: Sturdevant Call: A1I ayes ` ~ ~~ - ~~6 Q~ x cretary to the Council S~ seph u evant, Mayor FEE: $150.00 DATE PAID: 9- -98 RECEIPT No. 37625 112 ,~' ~ _. .' i Resoiution 98 - 90 Page 2 PLANNING & ZONING DEPARTMENT ACTION: Recommend City Council approval of Resolution 98 - 90, subject to removal of the pool and driveway, and provided that staff discuss with the City Attorney the need to provide easements over the existing sanitary service lines crossing Tract "B". CITY COUNCIL ACTION: Adopt Resolution 98 - 90, subject tc removal of the pool and later removal of the driveway contingent on the safe of the adjacent parcel (Tract "B"}. I hereby certify that the above is a true and correct copy of the resolution adopted by the City Council of the City of Columbia Heights "_'.• on October 12, 1998. ~} ~~` ` ~c ~(~- ~ Gity Clerk - .:t <°?'.~~~° - - Date Tn1illiam );bite ~~'K:~[);t'.i` it Je .. >. ... i.. ,. ~J: L... '~ 't... Columbia )3eights "5~Y --' . ,,`,. , t.~'' ~fi 'i. Conditions as listed on Page 2 of Resolution 98 - 90,E under City Council Action. 113 1 1 ~`tn~~~ ~~~1ev~r ~~ 39 ~~ ~~ ~ 42 29 422.3 h•. ~~ ~ ~ ~~~~ ~~ 01 /~' E 4147 ~.~1-~6 ~~~~ 4146 4139 412 8 4135 4129 4126 4123 4116 4117 4110 2001 2019 AO/E 220 2©18 4945 4040 4039 4034 4033 4026 4025 40z~a 4,01 ~ 4014 4009 4008 4001 4000 ~'2~ 3fi `'----.. . 42 29 4220 4219 J ~~~~ ~ ~~ ~$ 421 ~ ~~~'~ ,.~ ~~~~ ~ ~_ ~~ ~~ ~' ,~~ 4141 4137 4131 47 ~'`~ _ 4121 `~' r'` :' 4119 4~~ 4,.. ~, 4109 414 -: 41 t19 '4_ ~~ '~ i 00 ,,.;,, ~.,~'~ ;'~ ~,j ~,-: ,, ~ _ ~- ~5 40 88 , , f , , ~. r,, . ,j,, . Q~ •~'~ :rr.~.r,~ff~ Crl 4035 *'~ ~,~ _~;;;;,;,f ,°~, p} ' -' ~' - 4429 4026 ~ ~~ry, ~,,~; ., 4023 40,22 ~` ~ ~~ 401 S 4016 ~~ ~'~' ~ 401 ? ~+~ ~'o- 4007 400$ ~ 400'9 ~ ~ ~~ ,~~ 4001' 4000 ~ ~ ~` ~ "~ ~ 2201 ~ ~ r^> r~ Location l,~1~~: i'1`". W ~9~~~.~.-E S 114 B~JUNDARY ~IJRVEY t~N : ~-`5°NSO"~v~. ~--7 .LS ~"- O~ h LOTS 12 AND 13, BLOCK 1, SILVER LAKE ADDITION ~o TO COLUMBIA HE i GHTS , MI NN . ANOKA CO . MN . ,rs-°S' ~ -~ I LEGat dESCRlPTlO.N tSOUTN LOT! LEGAL DESCRlPTlON rNOR7T-1 L07~ _.---~"~ i 180.0 n LOT f3, AND Th1E SOUTH ?0,00 FEET OF LOT t1. THAT FART OF LOT 12. BLOGK !. SILVER LAKE 2p r,fOS-+s•. w BLOCK 1. SILVER LAKE ADDITlAV TO C.OLUN131A ADDITiCW TO COLLiNBlA HEIGHTS, rW01G1 COUNTY. HEIGHTS. ANO1G1 COUNTY, ,4f11•WESOTA AIIMVESOTA, LYING NORTHERLY OF THE' SOUTH 20.00 y~ f n .•°. `' FEET THEREOF. 2 4 h °q s, ,?O - ~' ~ yin ~` ~ ti t(y~~ .,,~~ N F. (~" .! ~5 ,0 ~ ~ ~~ ~ ~ o T , , U~~h Jsss,. _ / ~v / n 30 ~+ p D ~t 174 "52' ~.^' J O 7 a~V a V ~ ~E 15J'29' '~t ~, ____ .354. 18 ----. ",~ ~"- --7B4. J5--- tEavrCE ro ..r.r ; ~~ ~ ~. ~/ i l ~ SEpV( la se17t i ~ rat S• /~` ti (f i~ O , ~ y4 ,Rt , ~: ~ ~o- ~~~~ / ~~"~ yy '1 ° / a~ ~ ~ - ` aaosrq"mr ~;~T = ___. -- -L ~L~ ~ fj~/ 1 1 `(+ r0~ c~ gyp- ~. ~ ~ , ~ _ ~~ ^ .~" ~ - ~ j$~V~~ h~~ ~! ~~C (~,t~' V ~! Y P NJ'LT Con--Y ~ -' ...""r -.` -........ 8~htl~N .t. `V 5 (~j ` Y rr ~ u -.~ O ~ Gr~'O' ~ . 4r ~, r dE- ~ o ~ ~ r V rr ~ ~ 5 st.r -' ~ --- ._- -_ oi;5 ~~ Q ~ ~ ~ ~ ~ 9.zr {~ ~. "th~p ti~\ ~ 1 C ~ M1 fit' `., ( + ~ _ '+lal- °sru,~ vrPg t-s-£II.14 s ~~ ~ a `J 1 ~ mar '° ~y~ ~~`:`~ -Z `' I ` ~ a SJ ~'y a ~$~'~~ ~ ~. L ~ T , 3 T J ~i/ / 5~'4~ ~, t t a dtr1/N C rNr FFAr:E l "_"3!°.30 iC7-'-- C'iF.rf oA Z ~` t - Z ~ S 8L a 5 0 ~ ~ T _ _ _, _ 2 9 8. 15 _ _ _ _.. "" r- 3*- GRAPH l C SCALE 1 N FEET ,~ l TRACT A tEASEMENT) ~ 4 a JO 60 80 170 An eaxeneni for ingress dnd egress Durposes. banal ttt tnq the ad)acent roperty north, over that port of the south ]0.00 Ceet aP the wasteriy 132.00 Peet aY Lot i2. Block t, $tiver LOKe Addition, Anoka County, Ml nnerata, xhich Iles northerlyy at the fOttOwinq deserthetl Itne: 4 Beglnainq at the nor thxes[ corner of the Laid south 20.00 feat oP L.et l2: thence ~ tRCW SET Mil CAPPED 70270 running easterly. Loa point OA the Nestarly 172.00 foot Of sold Lot 12, dl9tant 12.00 feet southerly. Os ne0surod along sold eosterly itne of sold xe:terly 132.00 lost. Pron i MrNT nrUh iMt Nu su• N rs•n Nrw M a w a~iac i t the north tine of said south 10,00 feet and there ternlnattnq. • •rR°N PIPE FOtfL7 1N PLdCE •a••er . •. $-21-01 TRACT 8 (EASEMENT) tDl •DEID D7tfETlSIi2+f a•nt. N,us..•~as•.•s....r.rtt•.n~r~ An eaxenent for ingress and egress purposes, Ganef1211nq the cdj~cent property south. oto l in n e t A M rCr•CplrP(frEDD1NQ/S1GV w n.wa_ur..•w LNa a..r.rw x., to y g nor in s ar 4y over th01 part of lot 12, Block I. Sliver take Addition. Anoko County. of the south 20.00 fast thereof and da scr tbed as Fottows: wr>?: FiNl rARY SC'xeH EIIRSH SIIRVSYIR6 IRC The easterly 12.00 fast of the Nast arty 152.00 Peet of the northerly 10.00 Peet of the sH7vrCEr srowv tN . . southerly 80,00 feet of zero Lot 12. and also lying southerly of a 11ne drawn Pron o nPVaazrutPEtoc+Plavs aoaz acrncwac cr. c.c. Point on the xesierly Ilne Or sat0 lot i2, distant 15.00 feet nor that ly fron fha northwest Facer clrr acmaas.iw nocasmu ~iaitTC. tart asut ne of the wez tar ly 00,00 on the eaztor ty 1 of the said south 20.OO feel of Lot 12,to a ppoln YiSI&F EvtoBaCB Foa tars suavEr. rr~ svuty l/rE ' rsoNSt tras NSe-Neu ructtrxa irsw-rwoa 9 ~ feat of sold Lot I2. tlt slant 10.00 feet rtortheri ds nea5ured aloe sold setter ly line, A Fund face al slrE dF Car 1J. 8LOCx'/. 15 dSSUGE s-Wilt ttxtti•sr:yssat.a•a fron the north Tina of sold south 20.00 Peet oC lot 12, and there ,~ifi$ilt natinq. t2R1FrG4YraV. meswsax•aa•os-e. t+u m.mtvt,N,.rt•essts.t•a n x is •-9a-z•n s eta zuu, use to rtr spa COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: February 11, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ~, ITEM: 1st Reading: Ordinance 1537, Zoning BY: Jeff Sargent, City Planner BY: s Amendment to create the Public and Open Space DATE: February 7, 2008 District BACKGROUND: City Staff recommends azoning amendment to create a new zoning district. The new zoning district would be titled ``Public and Open Space", and would include all land available for public use. Such uses would include: all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works and the library. Currently, the City parks are established as overlay areas throughout the City, meaning that there is an underlying zoning district for each park, be it residential, commercial or industrial. There is no consistent zoning district for each park throughout the City, making it difficult to establish continuity throughout the park system. Staff recommends creating a new zoning district so that each public parcel has the same set of standards for its use, setbacks, parking requirements and performance standards . The total amount of land to be rezoned is approximately 164 acres. The "P" Public and Open Space District is intended to provide a district which will allow areas ofthe City to be retained and utilized for low density residential, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. The Planning Commission requested the City Council to look into including the property just east of Hart Lake and also the former NEI site into the "P" District. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1537, being ample copies available to the public. Move to set the second reading ofOrdinance No. 1537, for Monday, February 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Attaclunents: Draft Ordinance 1537 (1" Readirzg Format), P+Z Report, Zor7ing Maps COUNCIL ACTION 116 ORDINANCE NO. 1537 BE1 NG A1N ORDI NAINCE AiV1E1VDIING ORDI1~V Al~VCE 1~V 0. I`t7V, CI T I~ l~..ODE Ol 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the following additions. §9.114 PUBLIC AND OPEN SPACE DISTRICT (A) Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the City to be retained and utilized for low density residential, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. (B) General provisions (1) Compliance with applicable regulations. Any use established in a public district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this article shall be in accordance with the provisions of §9.104, Administration and Enforcement. (3) Noncon,~`ormities Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of §9.105, Nonconformities. (4) Compliance with general development standards Any use established, expanded or modified in a public district after the effective date of this article shall comply with the applicable provisions of §9.106, General Provisions. (5) Compliance with specific development standards Any use established, expanded or modified in a public district after the effective date of this article that is identified in §9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (6) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the 117 Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. Vii) iii dimension, neignt, and 6uiic requirements. i.ot area, setbacit, height and lot coverage requirements for uses in the public district shall be as specified in the following table: Public and O n S ace Minimum Lot Area Single Family Dwelling 8,400 sq. ft. All Other Uses None Minimum Lot Width ~ Single Family Dwelling ~ 60 feet ~ I All Other Uses I None I tial Building Setbacks Front Yard 25 feet Side Yard 5 feet Corner Side Yard 10 feet Rear Yard 20% of lot depth Front Yard (Excluding drives/pads) 25 feet Side Yard 3 feet Corner Side Yard 3 feet Rear Yard 3 feet (D) Pubic and Open Space District. (1) Permitted Uses. Ezcept as specifically limited herein, the following uses are permitted within the P, Public and Open Space District: 118 Single Family Parking Setbacks (a) County, Regional and City parks. (b) Playgrounds, athletic fields, recreational areas, and parking areas. (c) Cemeteries. (d) Publicly owned and operated facilities. (e) Single-family dwellings, including manufactured homes. (fj Essential services. (2) Conditional Uses Except as specifically limited herein, the following uses may be allowed in the P, Public and Open Spaces District, subject to regulations set forth for conditional uses in §9.104, Administration and Enforcement, and the regulations for specific uses set forth in §9.107, Specific Development Standards: (a) Public or semi-public recreational buildings and neighborhoods or community centers. (b) Non-city governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community. (3) Permitted accessory uses. Except as specifically limited herein, the following accessory uses may be allowed in the P, Public and Open Space District: (a) Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in this district. (b) The renting of rooms by a resident family for lodging purposes only and for the accommodation of not more than two (2) persons in a single-family dwelling. (c) Living quarters for persons employed on the premises. (d) Home occupations. (e) Recreational vehicles and equipment. (f) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. 119 (g) Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment (h) Private garages, parking spaces and carports for licensed and operable passenger cars and trucks. Chapter 9, Article I, Section 9.104 (J)(6)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (J) Minor subdivisions (lot splits) (6) Required findings. The City Council shall make each of the following findings before approving a minor subdivision: (h) The proposed subdivision meets all of the design standards specified in the ~9:-~-4 §9.115. Chapter 9, Article 1, Section 9.104 (K)(6)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (K) Preliminary plats. (6) Required findings. The City Council shall make each of the following findings before approving a preliminary plat: (a) The proposed preliminary plat conforms to the requirements of ~-4 §9.115. Chapter 9, Article 1, Section 9.104 (L)(6)(b) of the Columbia Heights City Code, is proposed. to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (L) Final plats (6) Required findings. The City Council shall make each of the following findings before approving a final plat: t2o (b) The final plat conforms to the requirements of ~-4 §9.115. Chapter 9, Article I, Section 9.1 14 of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~4 §9.115 SUBDIVISION REGULATIONS Chapter 9, Article I, Section 9.114 (C)(3)(b)(4) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.114 SUBDIVISION REGULATIONS (C) Plats and data. (3) Final plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Council. (b) Additional plans to be submitted with the final plat include the fallowing: 4. Final Street plans for requirements established in X1-1-4 §9.115 (D). 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: February 11 `", 2008 February 25t", 2008 121 Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk 122 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0204 DATE: February 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Rezoning of Parcels PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, City Staff is requesting a zoning amendment to create a new zoning district. The new zoning district would be titled "Public and Open Space", and would include all land available for public use. Such uses would include: all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works and the library. Currently, the City parks are established as overlay areas throughout the City, meaning that there is an underlying zoning district for each park, be it residential, commercial or industrial. There is no consistent zoning district far each park throughout the City, making it difficult to establish continuity throughout the park system. Staff recommends creating a new zoning district so that each public parcel has the Barrie set of standards for its use, setbacks, parking requirements and performance standards. COMPREHENSIVE PLAN The Comprehensive Plan currently guides all the parks and Murzyn Hall for "Park" use. City Hall is guided for "Community Center District", the public works building is guided for "Industrial" and the library is guided for "Commercial". The Comprehensive Plan guidance for City Hall, the public works building and the library will be amended during the 2008 Comprehensive Plan Update. ZONING ORDINANCE The following is a list of all the parks in the City and their current zoning classification. Also listed are City Hall, Murzyn Hall, the public works building, Jackson Pond, and the City of Columbia Heights Planning Commission February 6, 2008 City of Columbia Heights Case # 2008-0204 library: 1. Albert A. Kordiak Park R-1, Single Family Residential District 2. Curt Ramsdell Park R-1, Single Family Residential District 3. Edgemoor Park R-2A, One and Two Family Residential District 4. Gateway Park R-2A, One and Two Family Residential District 5. Gauvitte Park R-2A, One and Two Family Residential District 6. Hilltop Park R-2A, One and Two Family Residential District 7. Huset Park I-1, Industrial District 8. Keyes Park R-1, Single Family Residential District 9. Labelle Park R-4, Multiple Family Residential District 10. Lomianki Park I-1, Industrial District 11. McKenna Park R-1, Single Family Residential District 12. Ostrander Park R-2A, One and Two Family Residential District 13. Prestemon Park R-1, Single Family Residential District 14. Silver Lake Beach R-1, Single Family Residential District 15. Silver Lake Park R-1, Single Family Residential District 16. Sullivan Lake Park R-3, Multiple Family Residential District 17. Wargo Court CBD, Central Business District 18. City Hall R-3, Multiple Family Residential District 19. Jackson Pond R-2A, One and Two Family Residential District 20. Library LB, Limited Business District 21. Murzyn Hall I-1, Industrial District 22. Public Works I-1, Industrial District As stated previously, the creation of the Public District would place all of the above-listed into one zoning classification. The proposed district would also list all permitted, accessory and conditional uses allowed within. The total amount of land to be rezoned is approximately 164 acres. FINQING~ 4F FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides all the parks and Murzyn Hall for "Park" use. City Hall is guided for "Community Center District'; the public works building is guided for "Industrial" and the library is guided for "Commercial". The Comprehensive Plan guidance for City Hall, the public works building and the library will be amended during the 2008 Comprehensive Plan Update. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Page 2 124 City of Columbia Heights Planning Commission February 6, 2008 City of Columbia Heights Case # 2008-0204 The City of Columbia Heights owns all the parcels that would be affected by this proposed zoning amendment. The creation of a new zoning district would make the uses of these properties more consistent with each another in terms of setbacks, parking requirements and performance standards. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed zoning amendment will create a new zoning district in which all the existing uses of the property to be rezoned will be compatible. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The purpose of the zoning amendment is to create a zoning district for all the public uses throughout the City. Doing so would make the uses, setbacks and performance standards for the parks and other public uses consistent with one another. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the creation of the "Public District", which would include all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works, and the library, as depicted on the attached zoning map. Attachments • Draft Rezoning Ordinance • Current Zoning Map • Proposed Zoning Map Page 3 125 CITY COUNCIL LETTER Meeting of February 11, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: February 4, 2008 DATE: NO: 2008-30 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at; 2008-30 - 1316-1318 Circle Terrace Blvd. 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 Numbers 2008-30 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-30 a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 128 RESOLUTION 2008-30 Res~luti~n of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, ofCity Code, ofthe property owned by Ron Holmes (Hereinafter "Owner of Recard"). Whereas, the owner of record is the legal owner of the real property located at 1316-1318 Circle Terrace Blvd. N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 24, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 28, 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 December 13, 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 regular mail to the owner listed in the property records. 3. That on January 3, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations ofCity Codes(s} were found to exist, to wit: A. Shall remove alUany outside storage fronn the property 5. That all parties, including the owner of record and any occupants or tenants, have been given tine 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 4641-43 Taylor Street N.E. is in violation ofthe provisions ofthe Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and. any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. 129 ORDER OF COUNCIL 1. The property located at 4641-43 Taylor Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 130 CITY COUNCIL LETTER Meeting of Februar~l 1, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ~ ITEM: Adopt Resolution For BY: Gary Gorman BY . , ~ ~~ Irv ~ .~, Revocation ~ lC DATE: February 4, 2008 DATE: NO: 08-28 to 08-29 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-28 - 1308-1310 Circle Terrace Blvd, 2008-29 - 4636 Washington Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-28, 2008-29 there being ample copies available to the public. RECOMMENDED MOTION: Move 2008-29 being Resolutions of the City approving revocation pursuant to City 5A.408(A) of the rental licenses listed. to adopt Resolution Numbers 2008-28, Council of the City of Columbia Heights Code, Chapter SA, Article IV, Section COUNCIL ACTION: 131 RESOLUTION 2008-28 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthat certain residential rental license held by Ron Holmes (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1308-1310 Circle Terrace Boulevard, Columbia I-leights, 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 December 26, 2007 of an public hearing to be held on February 11, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Colwnbia Heights makes the following: FINDINGS OF FACT 1. That on October 9, 2007 inspectors for the City of Cohunbia Heights, inspected the property described above and noted seventeen violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on December 26, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted seventeen violations remained uncorrected from the initial license inspection. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housvig license application. 3. That on January 31, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that thirteen violations remained uncorrected. 4. That based upon said records ofthe Enforcement Office, the following conditions and violations ofthe City's Residential Maintenance Code were found to exist, to-wit: a. 1310 -Shall replace the missing screen door b. 1310 -Shall replace the missing doorbell button c. 1310 -Shall repair the door knob and. the door closer on the rear storm door d. Shall replace all missing screens on all windows and doors prior to May 1, 2008 e. Shall repair all damaged screens on all windows and doors on the building f. Shall replace all missing sections of siding on the building g. Shall scrape and paint the soffit and fascia around all doors and under the eves on all sides h. 1308 -Shall repair the door closer on the rear storm door i. Shall replace all broken windows on the building j. Shall remove alUany outside storage from the property k. 1308 -Shall repair the cabinet door in the kitchen 1. 1308 -Shall repair the shelving in the upstairs bedroom closet m. 1308 -Shall repair the mold issues upstairs 132 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and 5A.303(Aj. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8692 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 133 RESOLUTION 2008-29 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I V, Section SA.4U8(A) ofthat certain residential rental license held by Amina Yakubu (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.40$(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 17, 2008 of an public hearing to be held on February 11, 2008. 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 December 27, 2007 inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 17, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected from the initial license inspection. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 29, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted. that one violation remained uncorrected. 4. That based upon said records ofthe Enforcement Office, the following conditions and violations of the Citv's Residential Maintenance Code were found to exist, to-wit: a. Shall remove all/any outside storage from the property 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article 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 F8332 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy afthis order on the buildn~gs covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first 134 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 135 PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE FEBRUARY 11, 2008 MEETING. REMOVE - MOTION: Move to adopt Resolution Number 2008-29 being Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Amina Joy Yakubu regarding rental property at 4636 Washington Street N.E. D D RESOLUTION 200E-30 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Ron Holmes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1316-1318 Circle Terrace Blvd. N.E. Columbia Heights, Minnesota. Aid whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 24, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on January 7, 2008 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 January 24, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 30, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all/any outside storage from the property 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1316-18 Circle Terrace Blvd. 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 hearzllg, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. o ~ ORDER OF COUNCIL 1. The property located at 1316-1318 Circle Terrace Blvd. 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 2008 Offered by: Second by: Roll Ca11: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk