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Home My WebLink AboutMay 26, 2009 RegularCITY OF COLUMBIA HEIGHTS Mavor Garv L. Peterson 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 CounciGnembers Vrsit our website atr www.cr.columlrra-Itez~hts.n.ars Robert.4. Williams Bruce Nawrocki Tanvmera Diehm Bruce Kelcenberg City Mana~zer Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m, on Tuesday, May 26, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia 1-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 City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Bill Hugo, St. Matthew Lutheran Church. 2. PLEDGE OF ALLEGL~NCE 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 A. Eiaina I-Iamann -Regional and lnternationai Science Fair B. Introduction -Eric Shurson, Assistant Liquor Store Manager 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part ofthe Consent Agenda by one motion. Items removed. from consent agenda approval will be taken up as the next order of business. A. Approve the minutes ofthe May 11, 2009 City Council meeting_ p4 MOTION: Move to approve the minutes of the May I I, 2009 City Council meeting. B. Accept the minutes ofthe Columbia Heights Boards and Commissions paa MOTION: Move to accept the April I6, 2009 minutes of the Charter Commission. C. Adopt Resolution 2009-65, aDarovin~ eau financing for redeveIaument of37th and Central. pas MOTION: Move to waive the reading of Resolution 2009-65 there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-65, requesting funds in the amount af$I00,000 from the Anoka CoHar~ty 1-IRA levy to finance the gap in the redevelopment ofthe northwest corner of 37th and Central Avenue, Igo Adapt Resolution 2009-66 being a Resahttian regttestin~ Anoka Cattnty HRA fiir~ds for "Make p27 Heights Your Home" pro~ranl. City Council Agenda Tuesday, May 26, 2009 Page 2 of 3 MOTION: Move to waive reading of Resolution 2009-66 there being ample copies available for the public. MOTION: Approve Resolution 2009-66 being a Resolution requesting funds in the amount of $160,000 from the Anoka County HRA levy to finance "Make Heights Your Home" down payment assistance program. E. Adopt Resolution No. 2009-64, being a Resolution that extends the $500 reimbursement p3o program for the years 2009 through 2012 for the removal of illeual cross-connections to the sanitary sewer s, sy tem. MOTION: Move to waive the Reading of Resolution No. 2009-64, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-64 that extends the $500 reimbursement program for the years 2009 through 2012 for the removal of illegal cross-connections to the sanitary sewer system. F. Approval. ofthe attached list of rental housing license applications, in that they have met the p33 requirements of the Property Maintenance Cade. MOTION: Move to approve the items listed for rental housing license applications for May 26, 2009. G. Approve Business License Applications p38 MOTION: Move to approve the items as listed on the business license agenda for May 26, 2009 as presented. H. Approve payment of the bills. i`~IOTION: Move to approve the payment of the bills out of the proper fund as Listed in the attached register covering Check Number 130294 through Check Number 130505 in the amount of $2,207,548.07. MOTION: Move to approve the Consent Agenda items. 6. PIJBI.IC HEARINGS A. Second Reading: Adopt Ordinance 1565, Zoning Amendment to rezone 4337 University Avenue from LB to R-2A. p47 MOTION: Move to waive the reading of Ordinance No. 1565, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1565, being an Ordinance approving the rezoning of the property located at 4337 University Avenue from LB, Limited Business to R-2A, One and Two Family Residential. B. Adopt Resolutions 2009-68, 1022 42-1/2 Avenue N.E., 2009-69, 3810 Jackson Street N.E., ~s4 2008-70. 4207-09 2nd Street N.E.. 2009-71, 960 43-1/2 Avenue N.E. 2009-72.4806 Madison Street N.E., 2009-73, 1401-03 Parkview Lane N.E.. 2009-74 1415 43rd Avenue N.E. 2009-75 4240 Monroe Street N.E., and. 2009-76, 1323 41st Avenue N.E. being Resolutions ofthe City Council ofthe City of Columbia Heights graving rental license -°evocatiott for failure to meet the requirements oftl~e Property Maintenance Codes. MOTION: Move to close the public bearing and to waive the reading of Resolution Numbers 2009-68, 69, 70, 7I, 72, 73, 74, 75, and 76 there being ample copies available to the public. City Council Agenda Tuesday, May 26, 2009 Page 3 of 3 MOTION: Move to adopt Resolution Numbers 2009-68, 69, 70, 71, 72, 73, 74, 75, and 76 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental. licenses listed. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No. 2009-67. being a Resolution establishing Fire Department service p73 charges fees. MOTION: Move to waive the reading of Resolution No. 2009-67, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-67, being a Resolution establishing Fire Department service charges fees. 2. Adopt Emergency Ordinance No. 1566, to study the effects of smoke shop uses in all pis commercial districts. MOTION: Move to waive the reading of Ordinance No. 1566, there being an ample amount of copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1.566, being an Ordinance establishing an Emergency Moratorium for the purpose of protecting the planning process and the health, safety, and welfare of City residents and regulating the establishment of smoke shops in all commercial districts. B. Bid Cansiderations -none C. Other Business Acceptance of the fina12010 Comprehensive Plan Update draft for submittal to the Metropolitan Council. pia MOTION: Move to accept the fina12010 Comprehensive Plan Update draft, with proposed changes, for .submittal to the: Metropolitan Council= 8. ADMIl~IISTRATT~E REPORTS Report of the 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. 1! 0. COUNCIL. CORNER or OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 11, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 11, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Rev. David Briley, Associate Pastor, Oak Hill Baptist Church, gave the Invocation. PLEDGE OF ALLEGLeiNCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added rescheduling of the May 25` City Council meeting, due to the Memorial Day holiday, to the consent agenda. Motion by Nawrocki to add reports of the April 28 EDA meeting and the public safety building under the City Manager's report and reports from him on the Anoka County Elected Officials meeting and the SRA meeting under item 7. Peterson called. for a second to the motion. Diehm questioned the placement of the meeting reports on the agenda. Nawrocki stated that they are more appropriate under item #7. Second by Diehm. Upon vote: All ayes. Motion carried. Peterson stated that item E should be removed from the Consent Agenda as Councilmember Williams is a principal in that endeavor. PROCL TIONS, P SENTATIONS, COGNITION, OUNCEMENTS, GUESTS A. Columbia Heights Athletic Boosters Association Peterson introduced Marsh Stroik, CEO of the Athletic Boosters. On behalf of the Columbia Heights Athletic Boosters, Stroik presented a check for $15,000 to the youth programs of the city. She stated the group's hope to increase this amount in the future. Keith Windschitl, Recreation Director, indicated these funds allow us to offer programs at a reduced rate to the community. Windschitl explained the current Booster calendar fundraiser, which awards prizes weekly throughout the year. Diehm commended the Boosters and their creative ways to raise funds. Stroik indicated. the importance to do this for the community's youth. Nawrocki indicated that the check should be given to the City Treasurer. Diehm stated. that contributions are accepted by resolution a couple of times a year. Peterson also thanked the Boosters for their hard work. Stroik stated their goal is to sell 1,000 calendars. Peterson. indicated that tomorrow, May 12, is the 10`x' annual Community Prayer Breakfast. Pastor Jin, Church of All Nations, will speak at the event. The Heights Idol "round one" City Council Meeting Minutes Monday, May 11, 2009 Page 2 of 18 competition will be May 13 at 7:00 p.m. at Murzyn Hall. The finals will be during the Jamboree on June 27t". On a sad note, Pat Olynyk, past Columbia Heights queen coordinator, passed away this morning. Nawrocki stated that Columbia Heights VFW Post 320 and the Auxiliary would hold their annual Memorial Day Service on Monday, May 25 at 11:30 a.m. at City Hall. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. Item E removed by Peterson. Nawrocki requested to remove items C, F, G, H, I, J A. Approve minutes of the April 27, 2009 City Council meeting,. Motion to approve the minutes of the April 27, 2009 City Council meeting. B. Acceptance of Board and Commission meeting minutes. Motion to accept the March 24, 2009 minutes of the EDA meeting. Motion to accept the May 5, 2009 minutes of the Planning and. Zoning Commission meeting. Motion to accept the April 7, 2009 minutes of the Library Board meeting. C. Approve membership in the Better Business Bureau. -removed D. Approval for landing of State Patrol Helicopter at Safety Camp in Huset Park on June ll, 2009. Motion to approve the landing and take-off of a Minnesota State Patrol helicopter as part of the Summer Safety Camp on June 11, 2009 at approximately 2:00 p.rn. at Huset Park. E. Authorize Bobby & Steve's Auto World Youth Foundation Playground Fundraiser -removed F. Adopt Resolution. No. 2009-49, bein a Resolution acce tin bids and awardin the 2009 Miscellaneous Concrete Repairs and Installations, City Project No. 0900 -removed CJ, Approve C~ateway Pedestrian Bridge End ineering Scoping Studv Report -removed H. Professional services agreement for the 49th Avenue Pedestrian Bridge=Right of Way acquisition, -removed I. Adopt Resolution 2049-59, being a Resolution amend the 37th and Central LLC Redevelopment Contract. -removed J. Adopt Resolution 2009-60, calling for a Public Hearing for modifications to the C8 TIF Plan - removed K. Adopt Resolution 2009-62, authorizing contract application for a DEED grant, at 3930 Universit~Avenue. Nawrocki questioned the required date for application. Scott Clark, Community Development Director, stated the application has been submitted, with special approval to obtain the resolution this evening. Motion to waive the reading of Resolution 2009-62, there being ample copies available for the public. otion to adopt Resolution 2009-62, coma~nitting local mater and authorizing contract City Council Meeting Minutes Monday, May i 1, 2009 Page 3 of 18 signature for applicatian of a contamination investigation and Remedial Action Plan (RAP} grant for the property located at 3930 University Avenue NE, Columbia Heights, Minnesota. L. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for May 11, 2009. M. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 11, 2009 as presented. N. Approve payment of the bills. Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 130123 through Check Number 130293 in the amount of $919,859.76. Addition to the Consent Agenda: O. Adopt Resolution 2009-63, to reschedule the May 25, 2009 City Council meeting. Motion to waive the reading of Resolution No. 2009-63, there being ample copies available to the public. Motion to adopt Resolution 2009-63, being a Resolution rescheduling the Monday, May 25, 2009 regular City Council meeting to Tuesday, May 26, 2009 beginning at 7:00 p.m. in the City Council Chambers. Motion by Diehm, second by Nawrocki, to approve consent items A, B, D, K, L, M, N, and O. Upon vote: All Ayes. Motion carried. C. ABprove membership in the Better Business Bureau. Nawrocki stated that no other city belongs to this group and we have memberships with other groups. "1`he Activity Fund has agreed to pay one half of the cost. He stated that at the work session Councilmember Diehm indicated it would be appropriate far our liquor stores to be a part of this. The cost could be reduced if this was just for the liquor stores, as the membership is based on employee numbers. Fehst stated that we are also in the water, sewer, and garbage business. It is not a negative to be the first municipal member. The BBB will work with senior outreach and youth programs. This is a trial basis with a contribution of $400.00. Nawrocki stated. that with the current financial situation this would not be the time to join. Diehm stated her initial skepticism, as with our enterprise funds we have a monopoly. However, the liquor operation is not the same and as a business, we run it the best we can. The BBB is a goad organization. With the generous donation from the Activity Fund, remaining funds coming from the liga.~or store, and being only a one year commitment, we can look at the services we were provided. Motion by Kelzenberg, second by Williams, to approve a one year membership with the Better Business Bureau, with $400 being contributed by the Columbia Heights Activity Fund and $400 from the City Liquor Fund, and authorize the City Manager to enter into an agreement for the same. otion by l~la°,urocki to amend that the membership be for the liquor store operation only, with City Council Meeting Minutes Monday, May 11, 2009 Page 4 of 18 the amount to be based on the Iiquar store personnel numbers, not the city as a whole. Diehm spoke against the motion, as the BBB will promote our community as a whole. Peterson called for a second to the amended motion. Motion died for lack of a second, Motion to amend by Nawrocki that membership, after the first year, come back to the City Council for discussion. Second by Diehm. Upon vote: Ali Ayes. Motion carried. Upon vote of the original motion. Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. E. Authorize Bobby & Steve's Auto World Youth Foundation Playground Fundraiser Fehst stated that Auto World has proposed to hold. a fundraiser at Huset Park West to raise funds for playground equipment. The total would be $85,000, with $50,000 for play equipment and the rest for site preparation. This would include working with the School District to help fund improvements to Castle Heights playground. The event title is "One Community". Fehst stated that our cooperation with the School District on the gyms creates synergy. Fehst explained the anticipated events and the need far improvements to the Castle Heights equipment. Residents surrounding the area will be notified of the events. Windschitl described the proposed layout, which would separate youth and adult activities. Fehst listed the sponsors and vendors for the event. Security and cleanup will be paid by the foundation. Nawrocki asked if this event is in addition to the pledge of $50,000. Fehst stated this is in addition to promote ±he trust of the foundation. Motion by Nawrocki, second by Diehm, to authorize Bobby & Steve's Auto World Youth Foundation to hold fundraising events with rental fees waived on Friday, June 19, 2009 at John P. Murzyn Nall and Saturday, June 20, 2009 in Huset Park. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. F. Adopt Resolution No. 2009-49, being a Resolution accepting bids and awarding the 2009 Miscellaneous Concrete Repairs and Installations, Cit~iectNo. 0900 Nawrocki indicated the bids received were $80,000 plus. Hansen stated that was with an alternate for a sidewalk, which has been removed. Nawrocki questioned. this being above the estimates. Hansen stated that we did benefit from our street work at 20 percent under the estimate. He stated that any increase was for the cost of materials. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2009-49, there being ample copies available to the public with the correction. Upon vote: All Ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution. No. 2009-49 being a Resolution accepting bids and awarding the 2009 Miscellaneous Concrete Repairs and Installations, City Project No. 0900, to Ron Kassa Construction, Inc., based upon their low, qualified, responsible bid in the amount of $42,501.50 with funds to be appropriated from Fund 401-50900-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract far the same. L'pon vote: All Ayes. Motion carried. G. Approve Gateway Pedestrian Bride Engineerin~Scoping Study Report City Council Meeting Minutes Monday, May 11, 2009 Page 5 of 18 Nawrocki. stated that he does not support what is proposed for the bridge. Fehst stated. that we have passed all but one hurdle to receive $3,000,000 in federal stimulus grants for this work. Under Council direction, staff worked with Congressman Ellison for the first grant to design the bridge. With Council and staff pursuit, this bridge will be built and we will come into compliance with ADA standards. We will also request permission to obtain land right-of--way on both sides of the bridge. Hansen stated there would be a public process throughout the design process. This is a scoping study of what the bridge could be. There is a time frame to qualify for the stimulus money. Nawrocki stated that he is not opposed to accepting money, but questioned replacing the bridge as it complied with any accessibility mandates when the bridge was built and would meet those standards until any major work was done on the bridge. The schools provide transportation for handicapped children. There would be some local costs. He referenced the memo stating the earmark will be approved in July, meaning we are being premature. Fehst stated that funds will not be local tax funds, but rather municipal state aid funds. Hansen explained the process and. time frame to be ready to obtain the funds. Peterson stated that we are overlooking the wisdom of the council in the past, as the bridge must have been needed. Now it is rusting away and. can not be repaired. We need to build it to today's standards. Nawrocki stated that when the bridge was built it was not a case of need, but of desire. In his opinion, the bridge is not structurally falling down. Motion by Williams, second by Kelzenberg, to accept the Gateway Pedestrian Bridge Scoping Study Report dated May 2009, prepared by the Consulting firm of Bonestroo. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. H. Professional services agreement far the 9th Avenue Pedestrian Bridge - Right of Wav acqutstt~on. Motion by Diehm, second by Kelzenberg, to accept the proposal from Evergreen Land Services in the amount of $33,755, for professional services and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki asked if competitive proposals were received. Hansen. stated there were not, as we have worked with this firm and choose them because of their experience with this type work and fair price. Nawrocki stated the only way to do this is with competitive bids. Upon vote: Kelzenberg, ayP; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. Diehm request the record reflect the reason for the abstention. Nawrocki indicated he abstained because he does not feel this is cost competitive and we have not talked with the drug store people, the City of Hilltop, and the property on the other side of the road. Diehm stated that sounds like he is not in favor, but was not a reason for abstaining. Nawrocki stated he understands this is to seek additional information, but objects to not obtaining competitive proposals for professional services. Diehm asked if he was not in favor of entering into the contract at this time. Nawrocki stated that was fair to say. Diehm then urged him to change his vote to no. Nawrocki indicated he would stand by his vote. City Council Meeting Minutes Monday, May 11, 2009 Page 6 of 1 & 4 ayes - 1 abstention. Mohan carried. Peterson noted that the reason for the abstention does not seem to be a reason. Diehm stated the importance to understand that with federal funding, we have certain obligations and responsibilities to follow our local ordinances, state law and federal law. There is liability to us if we do not do this correctly. It is extremely important to have professionals in this area do the work. Peterson stated that staff is very confident in this decision and the negotiated price. Fehst stated that we worked with them on the industrial area and they are familiar with federal requirements. I. Adopt Resolution 2009-59, being a Resolution amending the 37th and Central LLC Redevelopment Contract. Motion by Diehm, second by Williams, to waive the reading of Resolution 2009-59 there being ample copies availabie. Upon vote: All Ayes. Motion carried. Diehm explained the presentation by the developer of 37`" and Central, our concerns on the timing, and the request for a delay to guarantee a quality tenant. Motion by Diehm second by Williams, to adopt Resolution 2009-59, amending the development contract between 37th and Central LLC, and the City Council dated June 24, 2008, changing commencement and completion dates. Nawrocki stated that there will be public and private funds going into this project and uranted an explanation why this is being delayed. Peterson stated that the economy is slow and this development is affected by it like everywhere else. We are extending it out a year to get a good, viable project done there. Nawrocki stated that we move ahead. without aettina the commitments we should. Upon vote: All Ayes. Motion carried. J. Adopt Resolution 2009-60, calling for a Public Hearing for modifications to the C8 T1F Plan Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-60, there being ample copies available to the public Upon vote: All Ayes. Mahon carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2009-60, a Resolution calling for a Public Hearing by the City Council on the proposed adoption of a modification to the Downtown Central Business District (CBD) Revitalization Plan for CBD Revitalization Project and the proposed adoption of a modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8) Tax Increment Financing District, a Redevelopment District; for June 22, 2009. Clark stated. this is to allow a public hearing on .tune 22°d. This is an old TIF district, as approved by the EDA, and would buy 20 of the worst properties in foreclasure. This would be seed r~ot~ey aid we will use funds from the C8 District and some fund balance from 2009 and 2010. This begins the six week process. City Council Meeting Minutes Monday, May 11, 2009 Page 7 of 18 Nawrocki felt the intent was to hurry and issue bonds against potential revenue from the project. Clark stated no, that money is the Sheffield money. The C8 is to be used for the housing district. The K-mart area TIF would be specifically for the Sheffield. area and the C8 is for creating another district. Nawrocki stated the C8 district has reached its end point. Clark stated that was part of a pool to pay bands and this is the fund balance from the three districts. Nawrocki stated that money should go back to the units of government that participated. Clark stated. that would be the Council's decision to have 40 percent come back from the county or to use the entire amount to purchase these properties. Peterson stated that is the reason to establish this public hearing. Nawrocki stated. that the Anoka County Union reported that Anoka County will purchase blighted properties, with over one-half of them in Columbia Heights. He requested to receive the addresses of these properties. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Clark stated that we have had 110 foreclosures since January 1 of this year. V~'illiams asked Councilmember Nawrocki why he speaks of openness in government, yet voted against setting this public hearing. Nawrocki stated that the hearing will be pre-functionary and the vote will probably be four to one after the hearing. Fehst spoke of the adverse tax affect on the original C8 district. Nawrocki stated he did vote for that district, as he had traveled to New York and researched "dyiiamiC Compaction". DISCuSSion beiJJeen Fehst and Nc`i0%JroCki continued. Peterson explained dynamic compaction. PUBLIC IIEARINGS A. Approve Resolution 2009-58, being a Resolution adopting a modification to the Downtown Central Business District. Clark stated the original district was created in 2004 and he listed the boundaries. The modification includes 55 parcels. Clark showed a flow chart of the process that goes to 2020. A TIF district establishes a budget and a geographical area. All financial obligations must be in place by July 23 of this year, because of the State's five year rule. The current City Council actions that have happened are a housing pay as you go note for $700,000 and a commercial development note for $300,000. This modification will expand. the geographic area and define the use of the funds. If the plan is approved tonight, it will allow by separate action the ability to sell approximately $930,000 of taxable General Obligation Bonds. We would use that money for the existing Sheffield district and the newly modified area. The five year rule is separate from the tax increment plan process. It would allow phases two and three, if built within the next five years, or whatever time period is allowed by the state as an extension. Nawrocki asked if we have copies of the School Board and County response to this. Clark stated that the School Board did not take official action and the County noted that he gave a presentation. Clark stated that their opinions are advisory only. The school district, on an administrative basis, felt this was a positive action as this is a highly problematic area. Nawrocki stated that we made commitments to the K-mart site development and only one-half of that has been generated. If this is passed, your intent is to issue the $900,000 with the payaff from TIF generated from this site. Nawrocki asked what if the property does not generate the total amount. Clark stated the last increment would be to 2021. Nawrocki questioned if there will be a request for additional funds. Clark stated this is a Pay As You Go and taxable General 16 City Council Meeting Minutes Monday, May 11, 2009 Page8of18 Obligation Bond. If not paid, it would have to be paid by the taxpayer. The Bond Counsel took a very conservative look at the future income, based on a steeply discounted value. Nawrocki questioned the pay off period for the $700,000. Clark stated it would be paid off in approximately three years. Nawrocki stated that he supported the K-mart project, but he will not support expanding the TIF District as that eliminates money that would have supported city services. Clark stated it is important to recognize that this action does not include the implementation of the bond, but modifies the geographical area of the district. Donna Schmitt, 4260 Tyler Street, asked why we were including the businesses on Central Avenue and if it would benefit them. Fehst stated the purpose is to demolish homes and even Senator Chaudhary suggested that we may be going too small. Clark stated that if we expand the area and the bond is passed, we should consider that we will own properties in the area for future sale. We want to make sure there is maximum reinvestment. The commercial area that abuts this is very thin. The plan is for maximum flexibility. Schmitt asked if there will be funds to aid those that wish to fix up marginal homes. Fehst stated that the EDA looked at a program for this. Clark stated that the EDA has a whole host of programs, such as GMHIC, far renovation.. Bob Olden, 1201 42'/2 Avenue, referred to the external goals to retain existing residents. He stated the police indicate there is no "bad" area in our town.. He does not understand the intent to tear down buildings. Olden referred to truancy issues, but the students are not from Columbia Heights and not from Sheffield. Peterso;, stated these homes are .r. ill-repair, foreclosed and Vandalism prone..'Ve are not moving out our citizens. Diehm stated that if we purchased an occupied home we would be obligated to pay for relocation. We are buying unoccupied homes that are selling in the range of $19,000. Deb .lohnson, 4626 Pierce Street, stated that she lives in the Sheffield neighborhood and her tauec ara~ ctili high hilt still fePlc like the iS "liyjng in the hnnrl", Peterson stated. that we are improving our housing stock. Sheffield has been an issue for many years. We want to get rid of trashy houses. Fehst clarified the external goal referred to by Mr. Olden. Fehst referred to the County Assessor and the value of properties relative to foreclosed, vacant, and abandoned homes. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-58 there being ample copies available. Upon vote: All Ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-58, approving a modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project; and a modification to the Tax Increment Financing Plan for the K-Mart/Central Avenue Tax Increment Financing District. Nawrocki stated the statistics for the Sheffield area are skewed to the high side, because the high school is in this area. Nawrocki questioned tearing down the block when we still owe on the area. Fehst stated. that taxes were frozen when the district was established. The increase in property tax goes to pay off the bonds. Nawrocki requested. to receive information on what the frozen tax amount is. Nawrocki asked if the intent is for funds from the sales to pay off the bond debt. Clark stated .~o, the ,=nobligated dollar°s from tl}e or=:gia~al dollars would. be !aced to 11 City Council Meeting Minutes Monday, May 11, 2009 Page 9 of 18 pay off the district. The intent of unobligated dollars would be to put the revenue back in to the area. We are working with the landlords in this area. Peterson stated. that it was Council's direction to pursue these actions. Mr. Clark does an excellent job to get things done that we otherwise could nat. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. B. 1st Reading: Ordinance 1565, Zoning Amendment to rezone 4337 University Avenue from LB to R-2A. Jeff Sargent, City Planner, stated that the owner of this property would like to rezone this from LB to R-2A one and two family residential. The historic use of this property has been a single family house and was not legally conforming to the district it was zoned. State law requires that if the property is unused for one year it can not be reused until it conforms. The property was foreclosed and. vacant for over one year. Nawrocki asked the extent of the home's problems. Sargent stated that it may need to be resided and reroofed. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1565, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second. by Williams, to set the second reading of Ordinance No. 1565, for Tuesday, May 26, 2009, at approximately 7:00 p.m. in the City Council Chambers. Diehm requested a copy of the inspection report before the second reading and requested the property owner attend. the meeting to answer questions. Sargent stated the owner has mobility problems, but we will call and invite him. Upon vote: All Ayes. Motion carried. C~', Ar1G~~nt ~2ecnl~itic7r? 20(19_61, being a 12egnlritinn arw°~~rrnyin` a ('nnrlitinrial TT~rv Permit fnr a rlioi9al LED sign at 4950 Central Avenue. Sargent stated that Tap Valu liquor has requested to install a new LED sign, which requires a conditional use permit. Specific standards must be followed. The plans submitted indicate that all standards and requirements would be met. Nawrocki stated there are currently 18 window lit signs on the north side and front of the building and four lit Top Valu signs and miscellaneous signs. He questioned the need for an additional sign. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-61, there being ample copies available to the public. Upon vote: All Ayes. Mation carried. Mation by Williams, second by Kelzenberg, to adopt Resolution No. 2009-61, approving a Conditional Use Permit for a digital LED sign for Top Value Liquor located at 4950 Central Avenue, subject to the conditions outlined in Resolution No. 2009-61. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Madan carried. Fel~st asked if the Liquor store is in violation of our sign ordinance. Sargent stated that as Iong as na more than 25 percent of the window is covered, it is in compliance. 12 City Council Meeting Minutes Monday, May 11, 2009 Page 10 of 18 D. Adapt Resolution 2009-57, 5024 Madison Street N.E. being a Resolution approving rental license revocation for failure to meet the requirements of the ProRerty_Maintenance Code. Fire Chief Gary Gorman stated this property has amother-in-law apartment with the owner living in the lower level. It does not meet the requirements for a duplex. The owner has failed to schedule an inspection, file an application, or pay the fees. Motion by Williams, second by Kelzenberg to close the public hearing and to waive the reading of Resolution Number 2009-57 there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, second by Kelzenberg , to adopt Resolution Number 2009-57 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license listed. Upon vote: All Ayes. Motion carried. E. Ador~t Ordinance 1562 being an Ordinance establishini? Fire Det~artment service charges Gorman stated this ordinance would allow for service charges on duties above normal calls, for example vehicle accidents, railroad property fires, technical rescues, under ground utility breaks, state road right of way fires, hazardous spills, and arson fires. Gorman stated that other than vehicle accidents, there would be no charge to residents. Fire calls to a home would not have a charge. This ordinance is very specific on types of calls that would be charged. Gorman stated that no one should be afraid to call 91 l; you. will not be charged. i`davJrccki stated that he spoke to a Fridley' Council I,~ember and they only' do this on highway' accidents involving extrication. The bill would go to the insurance company and if they did not pay, the owner would not be responsible. People pay taxes to support these services. He would speak against the change in policy. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No.1562, there beino arnnln rnr~,inc available to the rtiiih~ir a ~---r-- -~r--., ........~._ .., ..._ t,~.,.._. Odden stated. that since the budget was passed, the department has been properly f1n~Ided. These fees are a tax. He questianed the administrative cast to collect the fees. Dwayne Morrell, 4212 Reservoir Boulevard., stated there is not a fee schedule attached. How is the money handled and how is it fire department under budget. Fehst explained cuts to the current budget, due to the loss of Local Government Aid. Peterson indicated that railroad areas are included by State Statute. The hope is to use this Ordinance very sparingly and suggested it be reviewed in cne year. Hoeft stated that State Statues allo4v for the collection of these fees, and we cannot do that unless we pass this type of ordinance. The State has already giving permission to do this. Upon vote: All Ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1562, being an Ordinance establishing Fire Department Service Charges. Upon vote; Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. ITEMS FtJIi C~I~ISIIIE 'I'I~DN 13 City Council Meeting Minutes Monday, May 11, 2009 Page 1 ] of 18 A.Other Ordinances and Resolutions -none B.Bid Considerations -none C.Other Business Nawrocki stated that he attended the Suburban Rate Authority meeting. They are working on the rate increase by Centerpoint of $56,000,000, which is an increase from $6.50 to $14.00 for the right to use their gas. Nawrocki stated that he attended the Local Government Officials meeting, which included what the county is doing regarding the swine flu. A State census worker indicated that we may lose a state representative. An update was given on construction projects in the County, including University Avenue, and legislation on county issues. Diehm questioned if Councilmember Nawrocki has informed the SRA that we have discussed extracting ourselves from the SRA. Nawrocki indicated that the City Manager spoke of this at their last meeting and referred to the notice requirement necessary. The hilts tonight include payment for ane-half the yearly fee of $1,600. Nawrocki stated he feels the SRA is a worthwhile arganization. Diehm referred to money spent to join the BBB and the need to find out what we get from the SRA. She asked him, as the Council representative, to look at this. Fehst stated that we notified them in writing of our removal from the group and indicated that we will honor our commitment for this year. Diehm indicated the importance if one person on the Council has a position different than the rest, that the person convey the majority wish of the entire council. ADNIINISTRATIVE REPORTS Report of the City P~"~anager May 4, 2009 work session Budget discussion - Fehst referred to the Legislature's desire to reduce Local Government Aid (LGA). A report of LGA lost over the past years was distributed. We proposed to increase our budget from 2010 to 2013 to make up for the loss of LGA. We are locked into a ten percent increase because of the gymnasium, the public safety building and Murzyn Hall bonds, and cost of liyiwrg.nereaCes, Tl~e gnat wniiid be to bernine celf cfiffi_~,ier}t and n(5t dependent on local government aid. At the work session, Nawrocki stated he requested additional expenditure information, which he has not received. This budget information does not take into consideration the City HRA and County HRA levies. He stated he will not support the increase in property taxes next year. Fehst indicated other items discussed at the May 4 work session were the Better Business Bureau and the pedestrian bridge. Prior to this meeting was an executive session to discuss purchase of the property at 675 37`'' Avenue. A work session was held followin~ that to discuss the refuse and recycling program. Fehst listed items discussed at the April 28` EDA meeting. Fehst stated. the public safety building cost will remain at $l 1.5 million or Less. There is a contingency fiend. It should be complete by October and come in under budget. He commended Construction Manager Doc Smith on the job he has done. Nawrocki stated that the Manager did not mention the revisiting of the RIB program. Fehst stated. that it is not the same program and meetings would be held for the public to hear their views. Fehst stated that the meeting indicated there would be a walking tour with the Planning and Zoning Commission, the Economic Development Authority, and the City Cotulcil of sample homes. Felzst stated that lie did men?tion the housing protection program. 14 City Council Meeting Minutes Monday, May 11, 2009 Page 12 of 18 Diehm. indicated that she has no problem letting the public know that we have concerns with housing. We want to take a tour of these homes to see what staff is warning us about and educated ourselves. The tour is set for Wednesday, May 27. Peterson stated that we do not want a public outcry on this - we want to educate them. Report of the City Attorney -nothing to report CITIZENS FORUM Debbie Johnson, 4626 Pierce Street, questioned the process at 47th and Central. Fehst stated that the gentleman with the contract has hired someone to obtaining financing and meet the necessary requirements. Referring to her earlier comments, Johnson stated. that she only asks people to live by the golden rule and keep up their property. Diehm stated that calls for service in Johnson's area have increased and patrolling will increase in the Heritage Heights area. Donna Schmitt, 4260 Tyler, indicated disappointment that the Comprehensive Plan has not yet been printed and sent out. Next time we should use our staff to do this. As a Columbia Heights citizen, we need to be neighborly to our neighbors. They are sharing yard duties of a foreclosed home on their block. Dwayne Morrell, 4212 Reservoir Boulevard, asked if there was a study completed on the pedestrian bridge. Fehst stated it was looked at with federal grant funds. Morrell indicated that he conducted his Gwn Study of "hu~..an" use. It does i.Gt seem to need replace~ient. I`/lorrell suggested a Burger K.ng on 37th and Central, as eating areas are tending to development on the north end of the city. Bob Odden, 1201 42 '/z Avenue, spoke on the economy and referenced the Burger King property. He commented on the removal of industrial jobs. Deb inhncrtg7 dated that :lie was not rlLipe~-i ir~tn liking where she dnec, "The h~,g~nPS were a great value. COUNCIL. CO R Peterson dispensed with Council Corner because of the lateness of the hour. Peterson indicated -Don't take ourselves too seriously and do a random act of kindness. ADJOI~RNMENT Mayor Peterson adjourned the meeting at 10:29 p.m. Patricia Muscovitz CMC City Clerk 15 City Council Meeting Minutes Monday, May 11, 2009 Page 13 of 18 RESOLUTION 2009-62 A RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE FOR APPLICATION OF A CONTAMINATION INVESTIGATION AND REMEDIAL ACTION PLAN (RAP) GRANT FOR THE PROPERTY LOCATED AT 3930 UNIVERSITY AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA 55421 BE IT RESOLVED, that the City of Columbia Heights, Minnesota act as the legal sponsor for project contained in the Contamination Investigation and Remedial Action Plan Grant Program to be submitted no later than May 1, 2009 and that the Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Columbia Heights, Minnesota. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE I'T FURTHER RESOLVED that the sources and amounts ofthe local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not 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 State, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that City of Columbia Heights, Minnesota certifies that it will comply with ald applicable laws and regulations as stated in alI contract agreements. BE IT RESOLVED that the City of Columbia Heights, Minnesota has approved the Contamination Investigation and Remedial Action Plan Grant Application to be submitted to the Department of Employment and. Economic Development (DEED) no later than 4:00 p.m., May 1, 2009 by the City of Columbia Heights, Minnesota for the 3930 University Avenue N.E. site. NOW, THEREFORE BE IT FINALLY RESOLVED that the Community Development Director is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalfof the applicant. RESOLUTION N0.2009-63 BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MAY 25, 2009 WHEREAS: The City of Columbia Heights offices are closed on Monday, May 25, 2009 in observance of Memorial Day; and \AiT-TFi2FG C• Thy ftt~ (`n~~;n~r„i FZa~ aaraari to rPgrl;Pl~I~11P the ~'PQIIIal' ~~Itiil~~I T~tPPtInQ to T~wP~E,lav Rita/?h ?(1f1R haainnina ..b. ...... b...... ..b ..~ , J .., .., ~ -~........~ at 7:00 p.m. in the City Council Chambers; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION NO. 2009-49 RESOLUTION ACCEPTING BIDS AND AWARDING THE 2009 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 0900 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0900, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Contraction, Inc. $ 82,117.50 Bailey Construction $ 95,277.50 Create Constructions. LLC $103.946.00 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250`h St E, Elko, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of tl~e City of Col~nnbia Heights, for the 2009 Miscellaneous Concrete Repairs and Installations, City Project Na. 0900, for a bid amount of $42,501.50 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project No. 0900 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund a~~d PIR fu~tds. 16 City Council Meeting Minutes Monday, May 11, 2009 Page 14 of 18 RESOLUTION N0.2009-59 RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND 37"' AND CENTRAL LLC $E IT RESOLVED By the City Council (the "Council") of the City Columbia Heights Minnesota, (the "City"} as follows: Section 1. Recitals. 1.01. The City and the City of Columbia Heights Economic Development Authority (the "Authority")and 37th and Central LLC (the "Redeveloper"} entered into a Contract for Private Redevelopment dated 3une 24, 2008 (the "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Froject, generally located west of Central Avenue at 37`h Street. 1.02. The parties have determined a need to amend the Contract to facilitate the leasing of the Minimum Improvements by granting an extension to the Redeveloper for the commencement of construction to May 1, 2010 and completion of construction to January 1, 2011. 1.03. The Council has reviewed a First Amendment to the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The First Amendment to the Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the First Amendment to the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. RESOLUTION NO 2009-60 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR CBD REVITALIZATION PROJECT AND THE PROPOSED ADOPTION OF A MODIFICATION TO THE TAX INCREMENT FINNANCING PLAN FOR THE UNIVERSi T Y A VENUE REDEVELOPMENT (C8) TAX INCREMENT FINANCING DISTRICT, A REDEVELOPMENT DISTRICT. RECITALS Section 1. Public Hearin. This Council shall meet on 3une 22, 2009, at approximately 7:00 t'.tvt., to hold a public hearing on the proposed adoption of a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the proposed adoption of a Modification to the Tax Increment Financing Plan for the University Avenue Rede.elapm.,nt (C8} Ta.. In.,.,....ent F.naac:ng D.str.ct , :vh.ch are referred to .,ollect.vely herein as the '`nRod:ficat.ons" ail pursuant to and in accordance with Minnesota Statutes, Sections 469.1.24 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Modifications. City staff is authorized and directed to work with. Ehlers & Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 13. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 22, 2009, and to place a copy of the Modifications on file in the Community Development Director's office at City Hall and to make such copy available for inspection by the public. RESOLUTION N0.2009-58 RESOLUTION ADOPTING A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD} REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT; AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE K-MART/CENTRAL AVENUE TAX INCREMENT FINANCING DISTRICT. RECITALS Section I. I.01. The Board of Commissioners ("Board°'} of the Columbia Heights Economic Development Authority ('"EDA"} has heretofore established. the CBD Redevelopment Project and adopted the Downtown CBD Revitalization Plan, therefore it has been proposed by the EDA and the City that the City adapt a Modification to the Downtown CBD Revitalization Plan (the "Revitalization Plan Modification"} for the CBD Redevelopment Project and a Modification to the Tax Increment Financing Plan (the '°T1F Plan Modification"} for the I<;-Mart; Central Avenue Tax Increment Financing District (the Revitalization Plar. 17 City Council Meeting Minutes Monday, May 11, 2009 Page 15 of 18 Modification and the TIF Plan Modification are referred to collectively herein as the "Modifications"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Modifications and 17ave caused the Modifications to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Modifications, including, but not limited to, notification of Anoka County and Independent School District No. 13 having taxing jurisdiction over the property to be included in the K- Mart/Central Avenue Tax Increment Financing District, a review of and written comment on the Modifications by the City Planning Commission, approval of the Modifications by the EDA on April 28, 2009, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Modifications and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Modifications. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is not modifying the boundaries of the CBD Redevelopment Project. Section 2. Findings for the Adoption and Approval of the Modifications 2.01. The Council hereby finds that the Modifications, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Modifications, which are hereby incorporated herein. 2.02. The Council hereby finds that parcels listed in Appendix C of the TIF Plan Modification should be included in the K-Mart/Central Avenue Tax Increment Financing District, and adjacent streets and right-of way property; thereby changing the geographic shape of the K-Mart/Central Avenue Tax Increment Financing District. 2.03. The addition of the above-referenced parcels constitute the TIF Plan Modification for the K-Mart/Central Avenue Tax Increment Financing District, and staff is directed to maintain a copy of this resolution with the records for the K- Mart/Central Avenue Tax Increment hinancing District. Section 3. Findinvs for the Modification of the Ik-Mart/Central Avenue Tax Increment Financinv District 3.01. The Council hereby reaffirms the original findings for the K-Mart/Central .Avenue Tax Increment Financing District, established as a "renewal and renovation district". 3.02. The Council hereby finds that the area added to the K-Mart/Central Avenue Tax Increment Financing District meets the requirements fora "renewal and renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a. 3.03. The Council reaffirms the original findings that the proposed redevelopment would not occur solely through pr.vate ,,,vestment :::th:n the reasonably f reseeable future .,nd that the :..........,ed market :alu., of the scte that c,.u.d r,.u,,.,..ably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan, that the Modifications conform to the general plan for the development or redevelopment of the City as a whole; and that the Modifications will afford maximum. opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.04. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.05. The City reaffirms to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Modifications conforms in al) respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, and will revitalize an area characterized by blight and occupied by substandard buildings; and expand the tax base of the City, and thereby serves a public purpose. Section 5. Approval and Adoption of the Modifications 5.01. The Modifications, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized. and directed to proceed with the implementation of the Modifications and to negotiate, draft, prepare and present to this Council for its consideration all liirther plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Anoka County is requested to certify the original net tax capacity of the parcels being added to the K-Mart/Central Avenue Tax Increment Financing District, as described in the Modifications, and to certify in each year thereafter the amoa~nt by which tl~e original net tax capacity has inc~•eased or decreased, and the EDA is authorized and directed to forthwith trans~rit this request to the County Auditor in sash form and content as the Auditor may specify, together with a list 18 City Council Meeting Minutes Monday, May 11, 2009 Page 16 of ] 8 of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Community Development Director is further authorized and directed to file a copy of the Modifications with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. RESOLUTION N0.2009-61 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TOP VALUE LIQUOR WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0503) has been submitted by Top Value Liquor to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4950 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c)1, to allow a dynamic LED sign in the GB, General Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 5, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of tire, 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 ..,easures have been or ::cll be taken to m.n.m.ze traffic congestion on the public streets and to provide for appropriate on-site circulation. of traffic. 8. The use will not cause a negative cumulative effect, when. considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE 1T 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 } calendal° veaf• after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I. The dynamic LED signs may occupy no more than fifty percent (50°'d) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10} minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as ante every ten (10) seconds, however information displayed not relating to the date, time or temperature mast not change or move more often than once every ten (10) ~tlinutes. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Malian, animation and video images are prohibited an dynamic LED sign displays. 5. The images and messages displayed must he complete in themselves, without continuation in content to the next image or message or to any outer sign. 19 City Council Minutes Monday, May l 1, 2009 Page 17 of 18 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. 'The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one- halfhour before sunset and one half-hour after sunrise. RESOLUTION 2009-57 Resolution of the City Council for the City of Columbia I-Ieights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Blanca Guaman (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5024 Madison 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 April 16, 2009 of an public hearing to be held on May 11, 2009. 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 or about March 26, 2009, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That or, April 16, 2009 inspection cffce staff rev'iew'ed the prope,~' 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 schedule a rental property inspection and failure to submit a rental license application and submit fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 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 U5024-MAD 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. ORDINANCE NO. 1562 BEING AN ORDINANCE ESTABLISHING FIRE DEPARTMENT SERVICE CHARGES The City of Columbia Heights does ordain: Chapter 8, Article IV of the City Code, is proposed to include the following additions. §8.403 Fire Department Service Charges. Purpose and Intent The purpose of this ordinance is to establish user service charges for Fire Department services as described in this ordinance. Defanitiuns The following terms shall apply in the interpretation and application of this chapter: 1. "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by aself-propelled vehicle. This includes semi trailers. It does not include snowmobiles, manufactured homes, all terrain vehicles or park trailers. ~ "Motor Vehicle Owner" means any person, firm, association, or corporation awning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days. 3. ''Excavator°° means a person who conducts excavation. 4. "Underground Pipeline Utility'" means an underground line; facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances. 5. "Person" means the state, a public agency, a local governmental unit, an individual, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of them. 20 City Council Minutes Monday, May 11, 2009 Page 18 of 18 Conflicts In the event of any conflict between the provisions of this Code and applicable provisions of State law, rules or regulations, the latter shall prevail Emergency Response Service Charges I. The collection of service charges shall be as authorized in Minnesota Statute ~66.Oll. 2. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.012. 3. The service charges shall be as outlined below. Fees shall be assessed in accordance with the fee schedule adopted by the City by resolution. A. Vehicle Accident l.) Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to: Extrication, Medical Care, Absorbing Liquid Spills, Vehicle System Safety, Vehicle Stabilization 2.) An invoice for the service charge will be sent to the motor vehicle owner or owner's insurance company. In the event the owner cannot provide insurance information and is charged for the offense, the city shall collect the fee through the criminal process as defined in the Minnesota State Statutes. 3.) If there is more than one motor vehicle involved for which fire department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the servr`ce charge. B. Fires Along a Railroad Right of Way or Operating Property 1.) Any incident response to a fire or fire hazard emergency caused by a railroad locomotive, rolling stock, or employees on a railroad right-of--way or operating property as defined in Minnesota Statute 219.761. 2.) An invoice will be sent to the railroad responsible for the railroad right-of--way or operating property. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. C. Grass Fires Within Trunk Highway Right-of--Way 1.} Any incident response to a grass fire within the right-of--way of a trunk highway or outside of the right- of-way of a tr~~pl{ high~n/ay if the fire or~g~patPrl within the right-of-~yay of a tn~nk highway as defined in Minnesota Statute 161.465. 2.) An invoice will be sent to the commissioner of transportation. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of Fours on the incident. D. Technical Rescue 1.) Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized. equipment and training are required and where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue. 2.) An invoice will be sent to the persons, corporation or business owner receiving rescue service. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. E. Underground Pipeline Utility Breaks l.) Any incident response to an underground pipeline utility break if caused by an excavator or person other than a homeowner or resident. 2.) An invoice will be sent to the excavator or person responsible for the pipeline utility break. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. F. Hazardous Material 1.) Any incident response to the release of hazardous material from it's container, or the threat of a release of a hazardous material from it's container, chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions or protect the public. 2.} An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident, specialized equipment and materials used on the incident. Ci. Arson Fire l.) Any incident response to a fire where a person is charged under the arson statutes. 2.) The fire investigator responsible for the incident investigation will forward all costs encumbered by the Firc Department ill association with the incident to the court for reimbursement through restitution. 21 COLUMBIA HEIGHTS CHARTER COMMISSION MINUTES April 16, 2009 7:00 p.m. City Hall Conference Room 1 Call to Order The meeting was called to order by President Dan Vogtman at 7:02 p.m. Roll Cail Members present: Barbara Gertsema, Roger Johnson, Nancy King (7:05 p.m.), Carolyn Laine (7:05 p.m.), Mike Patiuk (7:47 p.m.), Katherine Francen Pepple, Rachel Schwagel, Joseph Sturdevant, Charles Tyler, Dan Vogtman Members absent and excused: None Members absent and unexcused: Joe Clason Council Liaison, Tami Diehm, was present. City Attorney, Jim Hoeft, and Recording Secretary, Carole Blowers, were present. Approval of minutes of January 15, 2009 Motion was made and seconded to approve the minutes of January 15, 2009, as presented. Motion passed unanimously. Correspondence The Recording Secretary reviewed all the correspondence since January 15, 2009, which included much correspondence between the Chief Judge, new member Charles Tyler, and two members who completed terms on the commission (Bob Buboltz and Lori Ritzko). Status of Membership Charles Tyler was introduced as our newest member. At the current time, the Charter Commission has four vacancies. These vacancies have been advertised on cable TV and will be announced in the next city's newsletter. The Recording Secretary was instructed to send notices to the local papers regarding our vacancies. At this time, all members of the commission briefly introduced themselves. Old Business CONTINUED REVIEW OF THE CITY CI-TARTER City Attorney Jim Hoeft continued with review of the City Charter where we left off several months ago (Chapter 7-Taxation and Finance-- of the City Charter). Chapter 7, Section Sid, Coua7cil to Control Finances With a statutory city, there is no right of referendu~ra. Chapter 7, Section 59, Fiscal Year This section of the charter states the fiscal year ends on the 31 ~` day of December. Chattel- 7, Section 60. Taxation Minnesota state statutes govern the taxation laws. April 16, ~U09 Page I Columbia Heights Charter Cmnmission 22 Chapter 7, Section 61, Board of Equalization The City Attorney briefly talked about the tax on property which is based on the value (whether it's residential, business, recreational, etc.). Property owners can go to the Board of Equalization and appeal the amount, and. if not satisfied there, can appeal to the County Board. Chapter 7, Section 62, Preparation of the Budget The City Manager prepares and presents the annual city budget, with assistance from the division heads and the Finance Department. Chapter 7, Section 63, Passage of the Budget Per the City Charter, the City Council must bald one public hearing on the budget prior to it being passed by resolution by October I Otl'. The date is set by state statutes. Chapter 7, Section 64, Enforcement of the Budget The City Manager enforces the budget. Chapter 7, Section 65, Modifications in the Budget In this section, budget modifications are discussed. Fund. transfers do occur from time to time, and are approved by a 4/5 vote of the council. Chapter 7, Section 66, Lew and Collection. of Taxes The City Treasurer must submit the taxes to the County Auditor. Chapter 7. Section 67, Tax Settlement with County Treasurer The City Treasurer has the responsibility of making sure all county treasury monies belonging to the city are turned over to the city according to law. Chapter 7, Section 68, Payment of Bills, How Made The council must approve payment of bills from the proper funds, per the City Charter. Chapter 7, Section 69, Funds to be Kept The city may also levy amounts for debt service, public utilities, general operating costs, and special assessments, to name a few. Chapter 7, Section 70, Receipts to go to City Treasurer Receipts must go to the City Treasurer. The City Attorney recommended that the last sentence in this section be removed: "Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the council may determine after a hearing." He explained that this would be a City Manager/Human Resources decision. Chapter 7, Section 71, Accounts and Reports In this section, Accounts and Reports, the City Manager is the Chief Accounting Officer of the city. Generally accepted accounting principles in all accounting obligations must be followed. At our next meeting, we will begin with Chapter 7, Section 72, Bonded Debt and Debt Lu~nit. The Recording Secretary will make sure everyone receives a copy of the comparison chart (chartered city vs. statutory city) which the City Attorney was referencing in his discussions tonight. April (6, 2009 Ya~e 2 Columbia Heights Charter Commission 23 New Business Change of Meeting Location Charter Commission members were provided with correspondence received and sent to Keith Windschitl, Recreation Director, regarding the situation of continuing to hold our commission meetings at Murzyn Hall. In summary, we were advised that Thursday evening events at Murzyn Hall would have to end at 7:30 p.m. President Vogtman decided to move our meetings to City Hall, as there are rooms available for us to use without having to change our regular meeting date and/or time. Our meetings will either be held in Conference Room 1 or the Council Chambers at City Hall, depending on which one is available. 2009 Prayer Breakfast Commission members were provided with invitations to the 2009 Prayer Breakfast which will be held on Tuesday, May 12, 2009, beginning at 7 a.rn. at Murzyn Hall. President Vogtman asked for further information regarding this event, which the Recording Secretary, Carole Blowers, provided. This is the l Ot" annual community prayer breakfast this year, and attendance is expected to be about 200 people. Nett lO~Ieeting Date The next regular Charter Commission meeting date will be July 16, 2009, at 7 p.m. at City Hall. Adjournment Motion by Commissioner Sturdevant, seconded by Commissioner Schwagel, to adjourn the meeting at 7:50 p.m. Respectf„lly submitted, Carole J. Blowers Recording Secretary to the Charter Commission April I6, 2009 Page 3 Columbia Heights Charter Commission 24 CITY COUNCIL LETTER Meeting of: May 26, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: C Community Development APPROVAL ITEM: Adopt Resolution 2009-65 requesting BY: Scott Clark BY: funds for gap financing for 37`" and DATE: May 20, 2009 Central Overview: On April 28, 2009 the EDA and subsequently, on May 11, 2009 the City Council approved an amendment to the 37r" and Central Redevelopment Project. As part of both the original and amended Agreement $100,000 of gap financing will come from the Anoka County HRA levy funds. In order for staff to process the request a formal resolution by the Council must be acted on. No money will be requested to be released from the County until the actual project is completed. Rec~JInffiend`altip3l: Ctaff recommends a rnval of the rP34l~ticJn ac yvrjtten, Recommended Motion Motion: Move to waive the reading of Resolution. 2009-65 there being ample copies available to the public Motion: Move to adopt resnlz_Ition 2009-6` "A Resolution Requesting Funds in the Amount of $100,000 from the Anoka County HRA Levy to Finance the Gap in the Redevelopment of the Northwest Corner of 37`" and Central, in the City of Columbia Heights. Atlachnzezats: Resolzztion 2(I(I9-65 COUNCIL ACTION: C:A~ocuments ane~ Settings\CCH-Ilser.C1 I77.00EI\Local Settings\Temporary Internet Fi(es\ContentIES\OUDC2L.CS\CC._letter[ILcloc 25 RESOLUTION 2009-65 CITY OF COL IA HEIGHTS, MIlVNESOTA A RESOLUTION REQUESTING FUNDS IN THE AMOUNT OF $100,000 FROM THE ANOKA COUNTY HRA LEVY TO FINANCE THE GAP IN THE REDEVELOPMENT OF THE NORTHWEST CORNER OF 37Tx AND CENTRAL, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City Council was invited by the Anoka County Housing and Redevelopment Authority (ACHRA) to participate in ACHRA economic development activities; and, WHEREAS, Council passed a resolution on September 10, 2007 to participate in the Anoka County Housing and Redevelopment Authority (ACHRA} economic development activities; and, WHEREAS, the ACHRA would levy a tax in Columbia Heights each year of participation, for a minimum of five years; and, WHEREAS, that the City, by participation in the ACHRA economic development activities, can request fiords to support the City's redevelopment and housing maintenance and improvement goals; and, WHEREAS, the redevelopment of the northwest quadrant of 37`h and Central continues the City's endeavors and goals in revitalizing the central business district: and WHEREAS, Anoka County Community Development staff indicated that gap funding assistance for the redevelopment of 37thand Central would be a qualified expenditure; and, WHERd~AS, the 37`h and Central LLC entered into an agreement on J~~ne 24, 2008 and subsequently amended on April 28, 2009 with the City of Columbia Heights and the City of Columbia Heights' Economic Development Authority (EDA); and, WHEREAS, the redevelopment of 37`h and Central requires $100,000 in gap funding assistance. BE IT FURTHER RESOLVED that the City of Columbia Heights requests $100,000 from the Anoka County H1ZA for gap funding assistance for the redevelopment of 3"/"' and Lentral based on the provisions of the Redevelopment Contract for Private Redevelopment, dated April 28, 2009 as amended, between the City of Columbia Heights, Columbia 1--leights EDA and the 37`h and Central LCC Passed. this day of Offered by: Seconded by: Roll Call: Attest: Patricia iVluscovitz, C1vIC City clerk IVlayor Gary L. Peterson 26 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of May 26, 2009: AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: D Community Development APPROVAL ITEM: Adopt Resolution 2009-66 requesting BY: Sheila Cartney BY: funds for ``Make Heights Your I-Lome" program DATE: May 18, 2009 BACKGROUND: On April 28, 2009 the EDA approved a pilot program for 2009 "Make Heights Your Home." This program is a down payment assistance program for people that are purchasing foreclosed homes in the city with a 203K loan. The 203K loan funds the mortgage on the house plus the rehabilitation of the house, guaranteeing investment into these houses. As approved the funding for this program is from the 2009 Anoka County levy, this resolution authorizes staff to request these fiends. RECOMIVIENDATION: Staff recommends approval of the resolution as written. RECO NDED MOTION: Motion: Move to waive reading of Resolution 2009-66 there being ample copies available for the public Motion: Move to Adopt Resolution 2009-66, requesting funds in the amount of $160,000 from the Anoka County HRA levy to finance "Make Heights Your Home" down payments assistance program in the City of Columbia Heights. Attachments: i~esoiut~on COUNCIL ACTION 27 RESOLUTION 2009-66 CITY OF COLUMBIA HEIGHTS, MI>•fNESOTA A RESOLUTION REQUESTING FUNDS IN THE AMOUNT OF $160,000 FROM THE ANOI~A COUNTY HRA LEVY TO FINANCE MADE HEIGHTS YOUR HOME DOWN PAYMENT ASSISTANCE PROGRAM IN THE CITY OF COLUMBL4 HEIGHTS. WHEREAS, the City Council was invited by the Anoka County Housing and Redevelopment Authority (ACHRA) to participate in ACHRA economic development activities; and, WHEREAS, Council passed a resolution on September 10, 2007 to participate in the Anoka County Housing and Redevelopment Authority (ACHRA) economic development activities; and, "WHEREAS, the ACHRA would levy a tax in Columbia Heights each year of participation, for a minimum of five years; and, WHEREAS, that the City, by participation in the ACHRA economic development activities, can request funds to support the City's redevelopment and housing maintenance and improvement goals; and, WHEREAS, Anoka County Community Development staff indicated that a down payment assistance program would be a qualified expenditure; and, BE IT FURTHER RESOLVED that the City of Columbia Heights requests $160,000 from. the Anoka County HRA for "Make Heights Your Home" down payment assistance program and administration there of Passed this day of Offered by: Seconded by: RoII Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 28 T=' ~~ `~-- Make K t h Y r K m e g is oU o e Col.uvu.b~a 1-t~e~gl~ts ~oww Pa~w~.ewt ~ss~stawce ~rogravu. 7>rogravu 5uvu,vu.ar~ Down payment assistance for foreclosed homes purchased with a 203K loan. The goal of this program is to help increase home ownership and encourage reinvestment. Tl1e t..oaw 0% interest loan of 3.5% of the acquisition cost (purchase price plus rehab costs) up to $6,000 Terw9,s 1. Assistance must be used with a FHA 203K purchase/rehab loan 2. That assistance is a 0% interest loan of 3S% of the acquisition cost (purchase price plus rehab costs) up to $6,000 to be used toward down payment 3. A minimum of $10,000 in home improvements/repairs is required in order to participate 4. The property must be in foreclosure at time of purchase 5. No income restrictions 5. No monthly payments 7. Loan will be forgiven in full if borrower lives in property for 10 years 8. Loan must be repaid in full if borrower occupies property for 3 years or less 9. Loan repayment will be required in years 4-10 on an equally prorated amount if not occupied by borrower 10. Construction work must be completed by a licensed contractor, with applicable permits and inspections completed. 11. A loan agreement must be signed by the home buyer who certifies they will be an owner- occupant 12. Construction must start within 30 days of purchase closing. The homeowner must occupy the home within 60 days of completion of the construction work. ~tse o f ~uwds 61ake Heigl~ls I'oar @o2ue funds must be used for down payment. The borrower may not receive any portion of these funds as cash E~~g~b~e ~ropert%es 1. The property must be a single family detached dwelling 2. The property must be in foreclosure status 3. There is no sale price limit Ef,igible Ku~er -aw~owe who vu.eets the foi,l,owiwg: 1. Qualifies for and. is receiving an f'HA 203K loan from an accredited lender; bon•ower does not need a co-signer to qualify 2. Household income to housing expense does not exceed 31 3, Borrower must be an individual person or persons, not a business entity 4. Borrower must have a credit score of at least 650 1-l-ovueowwe~sh~p ~ducat~ovs. borrower mrtst complete a homeawnersltip education class ~c~r wore %wfnrvuGt%c~v~ ca~L ~~s. ~G>~~.s~ =~5 29 CITY COUNCIL LETTER Meeting of: 05/26/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITI' MANAGER NO: PUBLIC WORKS ITEM: SUMP PUMP DISCONNECT PROGRAM: BY: J. Davies BY: RESOLUTION 2009-64 PROVIDING CONTINUATION OF DATE: 05/18/09 DATE: FINANCIAL REIMBURSEMENT Background As directed by the Metropolitan Council implementation of their III reduction program, the City of Columbia Heights began a cross connection/sump pump disconnect inspection program. Phase I (Jackson Pond Area & Chatham Road area) of the City of Columbia Heights Sump pump Disconnect Program started in November 2004, and Phase II (east of Reservoir Boulevard, south of 45`h Avenue) started in November 2005, Phase IIIa of November 2006 covered the sewer district #2 (37`h to 43`d between Central and University Aves, and Phase IIIb conducted in November 2007 finished the northeastern quadrant of the city (east of Central from the northern boundary down to 47`h) completing all properties east of Central. See attached map of completed areas. There are still 15 violators that need to make improvements to eliminate their connection to the sanitary sewer. Three properties have completed and are requesting reimbursement, and the others are expected to request reimbursement as well after correcting the violation issues. The City experienced about 90% active participation by residents for scheduling and over 90% participation to eliminate detected cross connections. To date $207,570 was spent on total program costs since 2004. Of this, $63,252 was for reimbursements to property owners for eligible expenses. Phase IV is projected to begin in November 2009 to finish all areas West of Central and north of 43`d Avenue, in approximately 3 years. Ordinance 1472 passed by the City Council on July 12, 2004 provided a financial incentive of up to $500 per property for costs associated with sump pump disconnects. 'The original incentive expired December 2006 and Resolution 2006-245 extended the reimbursement program to December 2008. Over 90% of requested reimbursements for disconnects were covered by the $500 incentive that the City offers. Analysis/Conclusions: Staff believes the use of the surcharge on utility bills for non-participation and the current $500 reimbursement offered to remove a cross-connection is a major contributor to the high participation level of Columbia Heights residents for this important program. It r..~ r rn it...rr._,.~:,....ir...t`~,....~ _,......,,....r c;..a„ r..,,,,,.,...,, r.r,.. ~..,...,.r°,.,... r,.....,.:r rir a.,,.~°,... .._.... i~ ar~u urti~ar tv Gvritiirue viir iu ~rurinrauuuiiuiruw~ rcuruvar ertuun uc~au~c vi ruc icuuNu~i~au ~vui~~u iii reuu~~iuu prvgraiii. The City of Columbia Heights has a $85,000/year surcharge imposed on it, which can be offset by costs the City incurs in I/I reduction efforts. After 201.3 if improvements to the system reduced the peak flows to an acceptable level the MCES surcharge will be recalculated or eliminated. Recommended Motion: Move to waive the Reading of Resolution No. 2009-64, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2009-64 that extends the $500 reimbursement program for the years 2009 through 2012 for the removal of illegal cross-connections to the sanitary sewer system. KH;kh Attachments COUNCIL ACTION: 30 RESOLUTION N0.2009-64 RESOLUTION PROVIDING CONTINUATION OF FINANCIAL REIMBURSEMENT FOR THE SUMP PUMP DISCONNECT PROGRAM WHEREAS, the City has adopted Ordinance 1.472 which prohibits surface drainage connections and discharges into the City of Columbia Heights Sanitary Sewer System and, WHEREAS, the City has offered financial assistance in the farm of a $500 reimbursement as an incentive to provide the necessary repair to illegal sump pump disconnects and, WHEREAS, fora 5-year period beginning in 2007, Columbia Heights will have an annual $85,000 I/I Surcharge as a result of annual peak exceedance events and, WHEREAS, such a financial incentive has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that financial reimbursement for the sump pump disconnect program be extended through December 31, 2012 and is hereby approved and adopted. Dated this 26`" day of May 2009. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 31 CITY COUNCIL LETTER Meeting of May 26, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: May 20, 2009 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for May 26, 2009. COUNCIL ACTION: 33 List of 200$ Rental Licenses to Approve ccupany I.D. Property Owner Name Property Address 34010-N C Badrul Hassan 1733 37TH 05/19/2009 11:39 34 Page 1 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner blame Property Address 20179 HNA Properties 20222 Grace & Truth Chapel 30119 AminhasCo Properties, LLC 30130 Haji Azam 30158 Haji Azam 12012 Kenneth Carroll Jr. 12017 Barry Cole 20218 Mohsen Dessouki 20045 Godfrey Edaferierhi 20334 Donald Findell 10070 Lawrence Garner 20085 Lawrence Garner 10034 Michael Gondek 10104 Michael Gondek 10240 Passang Gongma 10019 Richard Johnson 10019 Richard Johnson 20049 Nurhan Kasar 20119 Amy Knoll 10018 Brian LeMon 20092 Rose Maciaszek 10005 David Nelson i v08G viii i voruah 20150 Wellyn Pomeroy 20053 Lesley Rathje 10201 Blanca Robles 20391 Timothy Schubilske 30112 Maumer Sekizovic 30117 Lisa Telkamp-Castro 20070 Stanley Van Blaricom 15010 Elvira Vergara-Bose 12122 Joseph Yang 1715 37TH 4345 2 N D 4628 TYLER 4622 TYLER 4616 TYLER 1339 CIRCLE TERRACE 4624 WASHINGTON 4610 FILLMORE 4651 TAYLOR 4522 TYLER 3740 2ND 3712 2ND 344 40TH 325 SUMMIT 5036 JACKSON 1052 49TH 1052 49TH 1215 CIRCLE TERRACE 4817 5TH 5140 7TH 4351 WASHINGTON 391 tt1~~ TYLER 21VV 41J1 4555 FILLMORE 4148 TYLER 1126 40TH 3920 ULYSSES 4357 TYLER 4607 TYLER 4500 TYLER 4432 MADISOf'd 3902 RESERVOIR 05/19!2009 11:38 35 Page 1 CITY COUNCIL LETTER Meeting of: May 26, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: May 20, 2009 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the May 26, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009, Peddlers Licenses, and the Carnival License for Jamboree. At the tap of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMIV~NDED MOTION: Mave to approve the items as listed. on the business license agenda for May 26, 2009 as presented. COUNCIL ACTION: 36 TO CITY COUNCIL May 26, 2009 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES 2009 BLDG *Five Star Plumbing 654 Sutherland Dr, Woodbury, Mn Renew Resources 5121 Winnetka Ave N, New Hope *KB Service Co. 430 E County Rd D, Little Canada *Engberg Plumbing 3030 County Rd J, Mounds View *A-I Heating & AC 6090 Pagenkopf Rd, Maple Plain *Assured Htg & AC 334 Dean Ave E. Champlin Mike Hage Distinctive Conc. 6820 Washington Ave So, Eden Pr Dave Schultz Const Inc 23964 Itasca Ave, Forest Lk *Air America Htg & Cool 4364 217t" Ave NE, Cedar PEDDLERS/SOLICITOR'S LICENSE POLICE *Wm Durant dba Golden Hatchet Roofing 31833 Roanoke St NW Cambridge, MN C~SRl'r i~~4-I. LICEi~1SE POLICE *Family Fun Shows 20590 State Hwy 83, Mankato (Subject to Police Approval) $60 $b0 $60 $60 $60 $60 $60 $60 $60 $100 $200 37 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: May 26, 2009 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 cheek register covering Check Number 130294 through 130505 in the amount of $ 2,207,548.07 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA H>/IGHTS, and are herby, recommended for payment. 38 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/21/2009 11:39:46 Check History GLOSOS-V06.74 COVERPAGE GL540R * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L *************************************************************************:r***** Report Selection Optional Report Tit1e.......05/26/2009 COUNCIL LISTING INCLUSIONS: Fund & Account .............. thru Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... thru Journal Entry Ids........... thru Check Number ................ 130294 thru 130505 Project ..................... thru Vendor ...................... thru Invoice... ............... ... thru Purchase Order .............. thru Bank ........................ thru Voucher .................... thru Released Date ............... thru Cleared Date ................ thru Include Exp/Rev Closing Entries N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPZ Lines CPI CP SP J COUNCIL 01 P4 Y S 6 066 10 39 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/21/2009 11 Check History GL540R-V06.74 PAGE 1 05/26/2009 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AARP 130294 312.00 AMERIPRZDE LINEN INC 130295 114.57 ANOKA COUNTY 1302.96 1,695.66 ANOKA CTY - CENTRAL COMM 130297 516.12 ASPEN MILLS, INC. 130298 140.50 CAMDEN PET HOSPITAL, INC 130299 1,010.08 CAPITOL BEVERAGE SALES L 130300 33,067.76 CHISAGO LAKES DISTRZBUTI 130301 8,313.44 CITY PAGES 130302 450.00 CROWN TROPHY 130303 26.63 CSC CREDIT SERVICES INC 130304 25.00 DANIMAL DISTRIBUTING INC 130305 562.32 FSH COMMUNICATIONS, LLC 130306 60.00 G & K SERVICES INC 130307 81.16 GENUINE PARTS/NAPA AUTO 130308 24.55 GRIGGS-COOPER & CO 130309 2,865.60 HEIGHTS BAKERY 130310 8.15 HERRINGEk/GERFtY" i303ii 35.00 HOHENSTEINS INC 130312 4,211.55 HONEYWELL INC 130313 98,898.00 IDEAL ADVERTISING INC. 130314 4,782.00 JEFF,BOBBY & STEVES AUTO 130315 162.50 JJ TAYLOR DIST OF MN 130316 33,952.88 JOHNSOI3 BROS. LIQUOR CO. 130317 151.84 KENNEDY & GRAVEN 130318 1,219.75 KEVITT EXCAVATING, INC 130319 2,877.00 LANDWEHR/KELLY 130320 30.00 LARKIN/JOHN 130321 97.36 MAkK Vli ll1S`1'. 130322 1'7,805.54 MEDICS TRAINING INC 130323 550.00 MINNEAPOLIS SAW CO INC 130324 17.47 MN HIGHWAY SAFETY & RESE 130325 366.00 NEEDHAM DISTRIBUTING CO 130326 323.80 OLD LOG THEATRE 130327 1,437.50 PC SOLUTIONS INC 130328 222.70 PETTY CASH - LIZ BRAY 130329 40.37 PHILLIPS WINE & SPIRITS 130330 778.35 PINNACLE DISTRIBUTING 130331 252.00 QUALITY WINE & SPIRITS 130332 213.53 QWEST COMMUNICATIONS 130333 116.26 SAM'S CLUB 130334 163.44 SARGENT/JEFF 130335 1,048.00 STEENBERG WATRUD CONSTRU 130336 33,155.00 SUN PUBLICATION INC 130337 360.00 SYNOWCZYNSKI/STEVE 130338 29.34 SZUREK/NIARLAINE 130339 35.00 TITLE ONE,INC 130340 293.57 40 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/21/2009 11 Check History GL540R-V06.74 PAGE 2 05/26/2009 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT TRI COUNTY BEVERAGE & SU 130341 55.00 VALPAK OF MINNEAPOLIS/ST 130342 670.00 XCEL ENERGY fN S P) 130343 58.24 AMERICAN BOTTLING COMPAN 130344 385.35 ANOKA COUNTY 130345 215,254.91 BROWN/JERROD 130346 65.64 CAPITOL BEVERAGE SALES L 130347 13,299.10 CENTER POINT ENERGY 130348 69.57 CHISAGO LAKES DISTRIBUTI 130349 2,263.97 CITY OF COLUMBIA HEIGHTS 130350 249,652.56 CORDES/ADAM 130351 150.00 DAKOTA COUNTY RECEIVING 130352 67.00 DANIMAL DISTRIBUTING ZNC 130353 1,017.25 EHLERS & ASSOCIATES INC 130354 9,122.50 EXTREME BEVERAGE 130355 583.00 FIRST FINANCIAL TITLE AG 130356 511.48 FLORES-HERNANDEZ/CRISTIA 130357 24.87 GENtiINE PAR^1S/NAPA AUTO 130358 liU.Si GRAVES/MATTHEW 130359 150.00 GRIGGS-COOPER & CO 130360 13,659.24 HALL/ANDREW 130361 115.28 HUSET PARK DEVELOPMENT C 130362 26,120.64 IDEARC MEDIA CORP 130363 61.75 JACK RABBST PROP LLC 130364 58.70 JJ TAYLOR DIST OF MN 130365 12,708.87 JOHNSON BROS. LIQUOR CO. 130366 8,367.48 LAVIGNE/CHRIS 130367 478.14 LEAGUE OF MINNESOTA CITI 130368 290.00 LEW15/MOLLY 130369 18.00 MARK VII DIST. 130370 3,013.70 MN HIGHWAY SAFETY & RESE 130371 1,317.00 NORTHEAST BANK 130372 34,275.61 NORTHERN ESCROW INC 130373 13,251.95 OVILLO/OLGUER 130374 26.10 PAUSTIS & SONS WINE COMP 130375 2,341.50 PETTY CASH - KATHY YOUNG 130376 100.00 PHILLIPS WINE & SPIRITS 130377 2,189.93 QWEST BUSINESS SERVICES 130378 553.15 QWEST COMMUNICATIONS 130379 828.67 RJM DISTRIBUTING INC 130380 382.74 RODRIQUEZ/CLEMENTE 130381 58.45 SCHINDLER ELEVATOR CORP 130382 1,092.72 SCOTT/LARRY 130383 35.00 SOLDATOW/NANCY 130384 6.99 STP.EICHER'S GUN'S INC/DO 130385 103,70 SUN PUBLICATION INC 130386 86.63 SURLY BREWING CO INC 130387 720.00 a~ ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/21/2009 ll Check History GL540R-V06.74 PAGE 3 05/26/2009 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT TANGLETOWN REALTY 130388 77.89 TWIN CITIES NORTH CHAMBE 130389 156.00 UNIVERSITY QF MINNESOTA 130390 50.00 USA MOBILITY WIRELESS IN 130391 51.95 VINOCOPIA INC 130392 449.00 WINE MERCHANTS 130393 2,628.41 WORRELL/CLAUDE 130394 93.08 XCEL ENERGY (N S P) 130395 4,121.91 XIONG/CHONG 130396 1,000.00 BERGGREN STEEL FABRICATI 130397 17,100.00 BRAUN INTERTEC CORP 130398 3,237.30 BROTHERS FIRE PROTECTION 130399 23,940.00 BUETOW AND ASSOCIATES IN 130400 5,541.76 COMMERCIAL FLOORING SERV 130401 20,429.75 CROSSTOWN MASONRY INC 130402 213,750.00 DALCO ROOFING & SHEET ME 130403 89,502.35 EDS BUILDERS INC 130404 27,559.61 GOP"tiER ELE~.'TtC1C I;ONTRk'1l;T i3U405 23'F,65U.1~1~ HILLTOP TRAILER SALES IN 130406 298.20 .7IMMY'S SOHNNYS INC 130407 218.58 M. REINERT DRYWALL INC 130408 36,860.00 MASTER MECHANICAL ZNC 130409 115,805.00 MD MECHANICAL INC 130410 99,427.00 NORTHERN ESCROW INC 130411 42,806.25 TEMP AIR INC 130412 521.85 XCEL ENERGY (N S P) 130413 653.07 ACE HARDWARE 130414 8.48 ALCOHOL & TOBACCO TAX & 130415 775.13 ALL SAr'E ['IRE & SECURITY 130416 522.35 ALLIED-BFI WASTE SYSTEMS 130417 93,705.21 AMERIPRIDE LINEN INC 130418 237.14 ANCOM COMMUNICATIONS INC 130419 117.00 ANOKA COUNTY LIBRARY 130420 192.85 APACHE GROUP OF MINNESOT 130421 1,249.88 ASPEN EQUIPMENT 130422 1,117.37 ASPEN MILLS, INC. 130423 473.30 ASTLEFORD INTERNATIONAL 130424 37.47 ATLAS AUTO BODY, INC 130425 619.20 AUTOZONE STORES INC 130426 3.21 BAKER & TAYLOR 130427 2,394.27 BAKER & TAYLOR ENTERTAIN 130428 12.57 BONESTROO 130429 2,164.80 BOUND TREE MEDICAL LLC 130430 25.03 BRADLEY & GUZZETTA LLC 130431 617.50 C & L EXCAVATIDIG INC 130432 80,159.22 CAPITOL BEVERAGE SALES L 130433 156.50 CATCO PARTS SERVICE 130434 1,392.75 42 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/21/2009 11 Check History GL540R-V06.74 PAGE 4 05/26/2009 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT CCP INDUSTRIES 130435 44.4E CITY WIDE WINDOW SERVICE 130436 78.00 COLUMBIA HEIGHTS LIONS C 130437 7.50.00 DAY-TIMERS, INC. 130438 48.03 DELTA HOSPITAL SUPPLY IN 130439 129.11 DEMCO, INC. 130440 71.49 DNR ENTERPRISES 130441 4,240.36 EMERGENCY APPARATUS MAIN 130442 1.,358.63 EMERGENCY AUTOMOTIVE TEC 130443 254.60 FZRENET SYSTEMS, INC 130444 281.16 FRATTALONE COMPANIES INC 130445 5.94 G & K SERVICES INC 130446 484.23 GENUINE PARTS/NAPA AUTO 130447 69.14 GOODIN CO. 130448 18.63 HARTLAND FUEL PRODUCTS L 130449 5,569.34 HD SUPPLY WATER WORKS 130450 192.00 HEIGHTS-NORTHEAST WELDIN 130451 58.58 HEINRICH ENVELOPE CORP i"s 0452 371.42 HOME DEPOT #2802 130453 73.85 I-STATE TRUCK CENTER 130454 540.09 INSTRUMENTAL RESEARCH IN 130455 170.00 IPC PRINTING 130456 211.00 KEEP INC/THE 130457 40.15 KENNEDY & GRAVEN 130458 1,095.16 KROMER COMPANY 130459 98.11 MARCO, INC 130460 7,950.89 MENARDS CASHWAY LUMBER-F 130461 82.48 METROPOLITAN COUNCIL WAS 130462 74,716.68 MIDWAY FORD 130463 56`/.y9 MIDWEST LOCK & SAFE INC 130464 165.65 MILOW ELECTRIC ZNC 130465 140.15 MINITEX - ATTN MARY GARC 130466 975.00 MINNEAPOLIS FINANCE DEPT 130467 69,144.31 MINNEAPOLIS OXYGEN CO. 130468 12.78 MN HISTORICAL SOCIETY 130469 32.50 MTI DISTRIBUTING 130470 267.84 NEOPOST INC 130471 1,128.00 NFPA INTERNATIONAL 13D472 787.50 NORTHERN WATER WORKS SUP 130473 8.26 NYSTROM PUBLISHING COMPA 130474 4,762.94 ODESSA II CONSTRUCTION L 130475 22,011.50 OFFICE DEPOT 130476 162.58 ON SITE SANITATION 130477 657.33 ONVOY INC 130478 1,190.19 PAULSON/LEE 130479 292.32 PIONEER PRESS 130480 129.74 PIONEER RIM & WHEEL CO. 130481 177.22 43 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/21/2009 11 Check History GL540R-V06.74 PAGE 5 05/26/2009 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PP.EMIUM WATERS INC 130482 185.53 QWEST COMMUNICATIONS 130483 159.94 REED BUSINESS INFORMATIO 1.30484 263°22 REINDERS INC 130485 673.93 RTVISION INC 130486 1,139.63 RYDBERG/SCOTT 130487 47.50 S & T OFFICE PRODUCTS IN 130488 604.38 SCHELEN GRAY ELECTRIC 130489 170.35 SCHUTZ/JACK Y LILIANE 130490 155.30 SEVETT/COREY 130491 1,250.00 SHERWIN WILLIAMS 130492 1,518.31 STAPLES BUSINESS ADVANTA 130493 98.77 SUN PUBLICATION INC 130494 200.48 T-MOBILE INC 130495 367.80 TRIO SUPPLY COMPANY 130496 411.90 TRUGREEN CHEMLAWN 130497 415.35 ULINE INC 130498 52.76 UPS i3D499 18.43 UPSTART- DIVISION OF HIG 130500 331.32 USA MOBILITY WIRELESS IN 13D501 43.04 VOGEL PAINT & WAX COMPNA 130502 1,567.89 WATER CONSERVATION SRVCS 130503 640.00 WHOLESALE TRUCK-TRLR PR 130504 69.99 WSB & ASSOCIATES INC 130505 442.00 2,207,548.07 *** 44 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/21/2009 11 Check History GL540R-V06.74 PAGE 6 05/26/2009 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT REPORT TOTALS: 2,207,548.07 RECORDS PRINTED - 000721 ACS FINANCIAL SYSTEM 05/21/2009 11:39:49 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 30,705.63 201 COMMUNITY DEVELOPMENT FUDID 2,322.62 203 PARKVIEW VILLA NORTH 1,420.00 212 STATE AID MAINTENANCE 1,139.63 213 PARKVIEW VILLA SOUTH 710.00 225 CABLE TELEVISION 617.50 240 LIBRARY 5,503.11 261 AFTER-SCHOOL PROGRAMS 67.00 371 TIF T4: 4747 CENTRAL AVE 9,299.75 372 HUSET PARK AREA TIF (T6) 51.25 376 TAX INCREMENT BONDS 683.75 379 HOUSING TIF #1 SCATTER 215,254.91 401 CAPITAL IMPROVEMENTS 263.22 410 SHEFFIELD REDEVLPMNT NON-TIF 1,398.00 411 CAPITAL ZMP-GEN GOVT. BLDG 98,898.00 412 CAPITAL IMPROVEMENT PARKS 22,011.50 415 CAPITAL IMPRVMT - PIR PROD 81,141.71 417 PUB SAFETY BLDG CONSTRUCTION 978,707.67 42(, CAP IMPROVEMENT-DEVELOPMENT 62,182.75 601 WATER UTILITY 71,109.01 602 SEWER UTILITY 75,469.68 603 REFUSE FUND 95,406.83 604 STORM SEWER UTILITY 2,717.20 609 LIQUOR 177,012.19 651 WATER CONSTRUCTION FUND 460.84 652 SEWER CONSTRUCTION FUND 13.22 701 CENTRAL GARAGE 14,707.95 720 INFORMATION SYSTEMS 854.79 881 CONTRIBUTED PROJECTS-REC 4,945.44 884 INSURANCE 2,820.36 885 PAYROLL FUND 249,652.56 TOTAL ALL FUNDS 2,207,548.07 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 2,207,548.07 TOTAL, ALI, BANKS 2,207,548.07 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R as COLUMBL~ HEIGHTS CITY COUNCIL LETTER Meeting of: May 26, 2009 AGENDA. SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM.: 2nd Reading: Ordinance 1565, Zoning BY: Jeff Sargent, City Planner BY: Amendment to rezone 4337 University Avenue DATE: May 19, 2009 from LB to R-2A. BACKGROUND: At this time, Mr. Alan Wiggins is requesting a zoning amendment to rezone the property at 4337 University Avenue from LB, Limited $usiness, to R-2A, One and Two Family Residential. The previous use of the property was asingle-family residence. The LB, Limited Business zoning classification does not permit single-family dwelling units as a permitted use. For this reason, the property was considered. legally nonconforming when it was being used as asingle-family house. Minnesota State Statutes state that all nonconformities may continue their existence until the nonconformity or occupancy is discontinued for a period of more than one year. In 2007, the property went into foreclosure and the house became vacant. Last month, the applicant purchased the property with the intent of residing in it. Staff informed Mr. Wiggins that the property was considered. nonconforming in that the one-year period had elapsed and single-family uses were not permitted in the LB, Limited Business zoning classif cation. At that time, the applicant inquired about rezoning the property to R-2A, One and Two Family Residential so that the property may be reoccupied as asingle-family use. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1565, being ample copies available to the public. Move to adapt Ordinance No. 1565 approving the rezoning of the property located at 4337 University Avenue from LB, Limited Business to R-2A, One and Two Family Residential. Attachments: Draft O~°dinance 156.E (2"`~ Readirz Foy^rnut}, F+Z R~ vrt COUNCIL ACTION 47 ORDINANCE 1565 CITY OF COL IA HEIGHTS, NII 50TA BEING AN ORDINANCE PERTA~Il~TING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 433? €TNIVERSITY AVEitifUE NE SECTION 1: WHEREAS, the current zoning classification of the property does not allow asingle-family use as a permitted used; and VVI3[EREAS, the historic use of the property has been single-family occupancy, which caused. the use to be legally nonconforming under the current zoning classification; and WHEREAS, the previous single-family use was discontinued for more than one year, causing the legal nonconforming status to terminate. VVI~REAS, rezoning the subject parcel from LB, Limited Business to R-2A, One and Two Family Residential provides the re-occupancy of the subject parcel to its historic use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and VvI~REAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from LB, Limited Business District to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: May 1 1, 2009 Second Reading: May 26, 2009 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Clary L. Peterson Attest; Patricia 1F'luscovitz, CMC City Clerk 4s CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-0502 DATE: May 5, 2009 TO: Columbia Heights Planning Commission APPLICANT: Aian C. Wiggins LOCATION: 4337 University Avenue REQUEST: Rezoning of property from LB to R-2A PREPARED BY: Jeff Sargent, City Planner BACKGROUND At this time, Mr. Alan Wiggins is requesting a zoning amendment to rezone the property at 4337 University Avenue from LB, Limited Business, to R-2A, One and Two Family Residential. The previous use of the property was asingle-family residence. The LB, Limited Business zoning classification does not permit single-family dwelling units as a permitted use. For this reason, the property was considered legally nonconforming when it was being used as a single-family house. Minnesota State Statutes state that all nonconformities may continue their existence until the nonconformity or occupancy is discontinued for a period of more than one year. In 2007, the property went into foreclosure and the house became vacant. Last month, the applicant purchased the property with the intent of residing in it. Staff informed Mr. Wiggins that the property was considered nonconforming in that the one- year period had elapsed and single-family uses were not permitted in the LB, Limited Business zoning classification. At that time, the applicant inquired about rezoning the property to R-2A, One and Two Family Residential so that the property may be reoccupied as asingle-family use. CO PREENSIadE P N The Comprehensive Plan currently guides the property Transit Oriented Development (TOD}. This guidance allows for a mixture of neighborhood service-oriented development with varying densities of residential development. Asingle-family use would be consistent with the appropriate uses for this Comprehensive Plan guidance. City of Columbia Heights Planning Commission May 5, 2009 Alan C~ Wiggins, 4337 University Avenue Case # 2009-0502 ZONING ORDINANCE The subject property is currently zoned LB, Limited Business, as are the properties to the north. The property directly to the south is zoned R-2A, One and Two Family Residential. The proposed zoning classification for the subject property is also R-2A, One and Two Family Residential, and would be consistent with the zoning classification in the area. Rezoning the property would also be consistent with the historic use of the property as a single-family house. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property Transit Oriented Development (TOD). This guidance allows for a mixture of neighborhood service- oriented development with varying densities of residential development. A single- familyuse would be consistent with the appropriate uses for this Comprehensive Plan guidance. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. ,4lthough the proposed rezoning of the property at 4337 University is via request from a single property owner, the benefit of the property being rezoned is to the public. Without the rezoning, the house would sit vacant indefinitely, or until a prospective developer would purchase the land for redevelopment. Staff recommends rezoning the parcel to enable the historic use of the property to continue. 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 previous use of the property was asingle-family house. The proposed zoning classification is consistent with the zoning classification in the general area, and the proposed use of the property is consistent with the historic use of the property. 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. Page 2 50 City of Columbia Heights Planning Commission May 5, 2009 Alan C. Wiggins, 4337 University Avenue Case # 2009-0502 It is unclear as to why the property was originally zoned LB, Limited Business. It is conceivable that the intersection of 44th Avenue and University Avenue could be redeveloped into a commercial entity, and that the property at 4337 University Avenue was included in the LB District to ensure that enough land was set aside for such a development. VI/ith that said, the property directly to the north is used for multi-family residency, and the likelihood of that intersection being redeveloped is slim. The change in the trend of development is that redevelopment of the area into a conforming use is not likely to occur. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve the rezoning of the property located at 4337 University Avenue from LB. Limited Business to R- 2A, One and Two Family Residential. Attachments Location Map ?oning Map Draft Rezoning Ordinance Page 3 51 4337 University Avenue 4456 4452 ~ 4457 4448 4444 4445 4440 4439 4436 4432 4424 2 44 4420 4421 4415 4417 4412 4415 4408 N 4404 c- 4407 215 N ~" 4453 N 4448 4445 4440 ,~1 4436 4433 4432 ~2y 4426 4425 4420 4421 4416 4417 4408 4411 4404 4400 ~ 301 AVE 4325 4322 4314 4313 _ 4312 f`~1~-E:i i E 4310 4305 s ~_ ~~ 4301 4300 O tl' W N O O O ~ N N N N N N N ~ '~ 43 4344 4330 4259 ~ 4333 ~56 42~ 4252 424 4248 """ 4237 4242 4233 4232 4 4200 233 '1 UNITS. eanx 1'20 241 4157 4147 N r°v G `" `~° N N ~° 4143 4160 4137 4+~ 4179 s uNlTS: 10 - 03 4 71 ~ tl 41 33 418 4 9J 201-313 4127 4160 a ss 4125 4121 __ a'i4s09 < a,.,._ a+st _.. _ = 4130 uimrs. tat.loe 4511 4512 4513 4510 '4507 ~` 5 4505 4504 4507 4506 c ~ 4510 4501 4500 4501 425 4501 4500 v 4500 45T H AVE 445s 4457 4455 4452 4456 4457 4452 ~ ~ ~ ~ '~8 4444 4451 4451 4444 4441 44.40 4438 4435 3 4437 3 4433 4432 4429 4428 4428 4425 25 4420 4420 2 4417 4416 4412 4412 315 84®4 ~ ~ 07 06 0 4359 320 M `^ c 4351 348 4343 ~ 344 4337 4337 340 4331 4334 4325 4328 4323 4321 4324 4320 4315 4318 4319 4307 4317 4308 4305 4301 .,,,, 4 4241 w Q 4255 8?d5 }- 423! I- 423'. 4233 ~ 423! w 42ai 4219 ~ 4221 4213 ~ 4215 O a 4211 4205 4171 UNITS: 101-d03 2Ui-313 4141 4300 4256 4250 4244 4236 4232 4226 4220 4212 349 4141 uNlTs 1oa ~,-zos 44T H AV E 4 9 5 4357 4356 435 4351 4350 43 5 4345 4347 4345 42 4343 4332 4335 4328 4335 4329 4326 3 4323 4324 2 t31 4316 4319 4320 4315 4314 4309 4308 4311 4306 4307 0 4303 4300 43R D AV E 4257 4256 4257 4253 4256 4252 4257 4253 4256 4254 4250 4251 ~ 4249 4248 ~ 4245 4250 ~ 4245 4248 4245 4244 4244 4241 4242 4243 4240 4241 4240 4237 d236 4237 4236 4237 4236 4233 4232 4233 4232 4233 4232 4229 4228 4229 4228 4231 4230 4227 4224 4225 4224 4225 4226 4223 4220 4221 4220 4223 4222 4219 4216 4217 4218 4217 4216 4213 4212 4213 4209 4212 4211 4208 4209 4208 4205 4206 = 4205 4204 = 4205 4204 ~ ~ 401 4200 ~ 4201 4200 ~~p 4201 4200 r~ V .nw 1r~ A \/C 41~~ 4144 I 4145 4144 4 5 4142 4136 ~~) 4136 LOCatEOCI Mc'3(J 52 CITY COUNCIL LETTER Meeting of May 26, 2009 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: May 19, 2009 DATE: NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2009-68 2009-69 2009-70 2009-71 2009-72 2009-73 2009-74 2009-75 2009-76 - l 022 42-1 /2 Avenue - 381.0 Jackson Street - 4207-09 2°d Street - 960 43-1/2 Avenue - 4806 Madison Street - 1401-03 Parkview Lane - 1415 43`d Avenue - 4240 Monroe .Street - 1323 41 S` Avenue 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 2009-68, 69, 70, 7l , 72, 73, 74, 75, and 76 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-68, 69, 70, 71, 72, 73, 74, 75, and 76 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 54 RESOLUTION 2009-68 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 Omar Mehi (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1022 42-1/2 Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 4, 2009 of an public hearing to be held on May 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia. Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 13, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted 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 February 17, 2009 inspectors for the City of Columbia Heights performed a final inspection at the property and noted violations remained uncorrected. 3. That on April 16, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were foLmd to exist, to- wit: a. Sha11 caulk toilet b. Shall install handrail on deck 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 SA306 and SA.303(A). ORDER OF COUNCIL 1, The rental license belonging to the License Holder described herein and identified by license number F9348 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on flee buildings covered. by the License held by License Holder. 55 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 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 56 RESOLUTION 2009-69 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.40$(A) of that certain residential rental license held by Cel Monton LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3810 Jackson 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 April 27, 2009 of an public hearing to be held on May 26, 2009. 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 or about April 9, 2009 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 27, 2009 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- wn: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been. given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article Ill SA.306 and SA.303(A). ORDER OF COUNCIL l . The rental license belonging to the License Holder described herein and identified by license number U3810 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by tits license held. by License Holder; Ali tenants shall remove themselves from the premises witl~-in 60 days front tl~e first 57 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L~ Peterson Attest: Patricia Muscovitz, CMC City Clerk 58 RESOLUTION 2009-70 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter ~A, Article IV, Section SA.408(A) of that certain residential rental license held by Marietta Bornholdt (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4207-d9 2"~ 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 May 5, 2009 of an public hearing to be held on May 26, 2009. 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 l . That on or about April I5, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on Mav 5, 2009 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 Cit_y's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by 1_icense number F8931 is hereby revoked; 2. The City wil I past 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 tl~e first day of posting of this Order revoking the license as held by License Holder. 59 Passed this day of 2009 Offered by: Second by: Roll Ca1L• Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 60 RESOLUTION 2009-71 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 Petrona Lee (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 960 43-1 /2 Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 5, 2009 of an public hearing to be held on May 26, 2009. 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 or about April 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. "That on May 5, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mai led by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8987 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 61 Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 62 RESOLUTION 2009-72 Resolution of the City Council far the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article Id', Section SA.408(A} of that certain residential rental license held by Henna Kalsi (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4806 Madison Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Cade, Chapter 5A, Article Iy1, 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 May 5, 2009 of an public hearing to be held on May 26, 2009. 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 l . That on or about November 20, 2008 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 5, 2009 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- wn: a. Failure to schedule a rental property inspection. 4. That aiP parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article lII 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 04806 is hereby revoked; 2. The City will post far 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. 63 Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC city clerk 64 RESOLUTION 2009-73 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1 V, Section SA.408(A) of that certain residential rental license held. by Jose Alonso (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property Located at 1401-03 Parkview Lane N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter ~A, 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 May 1, 2009 of an public hearing to be held on May 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 24, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was r?mai led by regular mail to the owner at the address listed on t_h_e Rental_ Housing License Application. 2. That on October 9, 2008 the owner ofthe property received an seasonal extension of time to complete a]I repairs. 3. That on May 1, 2009 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via. regular mail. to the awner at the address listed on the rental housing license application. 4. That on May 13, 2009 inspectors far the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall repair all torn screens prior to May 1, 2009 6, That all parties, including the License Holder and any occupants or tenants, have bee~~ given the appropriate notice of this hearing according to the provisions of tl~e City Cade, Chapter SA, Article III SA.306 and SA.303(A}. RDER OF COUNCIL 1. TIBe rental license belonging to the License Holder described herein and identified by License number F9148 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on tl~c huildings covered by the license held by License Holder. 65 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 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC ~'ity Cierk 66 RESOLUTION 2009-74 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.40$(A) of that certain residential rental license held by Victory Funding LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property Located at 1.415 43`d Avenue N.E, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 5, 2009 of an public hearing to be held. on May 26, 2009. 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 or about April 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 5, 2009 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- wn: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8941 is hereby revoked; 2. The City wilt post for the purpose of preventing occupancy a espy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall reprove themselves from the premises within 60 days from the first day of posting of this Order revoking tl~e license as held by License Holder. 67 Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 68 RESOLUTION 2009-75 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 Christopher Heurung (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4240 Monroe Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(13), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 11, 2009 of an public hearing to be held on May 26, 2009. 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 or about April 14, 2009 inspection office staff sent a letter requesting the owner of the property to submit a rental license applicat?on and schedule a rental inspection. for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 11, 2009 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 bacPd i2pon Said records of the Enforcement Offi_cc; the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to schedule a rental property inspection. b. Failure to submit rental housing license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number 04240 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; 3a Ail tenants shall remove themselves from the premises within 60 days frown the first day of posting of this Order revoking the license as held by License Holder. 69 Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cierk 70 RESOLUTION 2009-76 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.40$(A) of that certain residential rental license held by Nelson Moore (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1323 41St Avenue 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 April 30, 2009 of an public hearing to be held on May 26, 2009. 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 or about April 9, 2009 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 30, 2009 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 Capon said. records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to schedule a rental property inspection b. Failure to submit rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III. SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number U 1323 is hereby revoked, 2, The City will post for the purpose of preventing oecrtpancy a copy ofthis order on tits buildings covered by the license he[d by License Haider; AlI tenants shall remove tl~temselves from the premises within 60 days froth the first 71 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Oary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 COLUMBL4 HEIGHTS -CITY COUNCIL LETTER May 26, 2009 AGENDA SECTION: Items For Consideration. ORIGINATING DEPAR`I"MENT: Fire No. ITEM: Adopt Resolution No. 2009-67 Establishing Fire Dept. BY: Gary Gorman Service Charges Fee Schedule NO: DATE: May 21, 2009 Background: The Fire Department currently charges for many permits, inspections, and plan reviews to cover those specific costs. The Fire Department also provides many emergency responses that would. also be considered over and above normaP fire department functions, for which those that use the service should cover the costs. Charging by fire departments is allowed by an assortment of State Statutes. Recently the City Council adopted Ordinance 1562, establishing Fire Departme-~t service fees. Resolution No. 2009-67 adopts a fee schedule to be used for charges under this Ordinance. RECONIlVIENDED MOTION: Move to waive the reading of Resolution No. 2009-67, were being ample copies avaiiaoie to me punuc. CO ED I~[OTION: Move to adopt Resolution No. 2009-67, being a Resolution establishing Fire Department Service Charges fees. COUNCIL ACTION: 73 RESOLUTION N0.2009-67 BEING A RESOLUTION ESTABLISHING FIRE DEPARTMENT SERVICE CI3ARGES FEES WI~REAS, Chapter 8 Article IV of City Code, pertaining to Fire Department service charges provides for establishing fees. THEREFORE, BE IT RESOLVED, that the Fire Department Service Charges fee structure listed below shall be adopted and effective June 10, 2009. En ine Crew of 5 $400 er hour Ladder Truck Crew of 6 $500 er hour Heav Rescue Truck Crew of 4 $300 er hour Rescue Truck Crew of 3 $100 er hour Fire Fi titer One Current hourl rate Fire Officer One Current hourl rate Ambulance Crew of 3 $400 er hour Passed this day of May, 2009 Offered by: Seconded by: Roll Call: Ayes: Nays: Attest: Patricia Muscovitz, CMC City Clerk Mayor Gary L. Peterson 74 CITY COUNCIL LETTER Meeting of: May 26, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER. NO: Community Development APPROVAL ITEM: Adopt Emergency Ordinance No. 1566, to BY: Jeff Sargent BY: study the effects of smoke shop uses in all DATE: May 19, 2009 commercial districts. Back~round• The Freedom to Breathe Act (FBA) was established to prohibit people from smoking inside public buildings. A provision of the FBA allows patrons of smoke shop establishments to sample tobacco products inside the building and prior to purchasing the merchandise for personal use. To date, the City of Columbia Heights has three (3) licensed smoke shops, one (1) pending application, and three (3) other applications far a smoke shop distributed but not yet formally applied for. This equals a potential of seven (7) smoke shops in the City of Columbia Heights' commercial corridor, with the possibility of additional stores based on existing vacancies. The purpose of the moratorium will be to give staff time to study the effect of multiple smoke shop uses within a small geographic commercial. corridor. After theses studies are completed, staff would prepare recommendations for dealing with the potential negative impacts that concentrated smoke shop uses might present to the City. The City Attorney has reviewed the ability of the City to impose this type of moratorium and has also opined that if the Council wants to implement an action immediately, an emergency ordinance could be acted on per City Charter. The placement of smoke shops throughout the City and tl--e requirement for those smoke shops to obtain a tobacco license are interrelated. For this reason, the issuances of tobacco licenses will also be suspended during the moratorium. Recommendation: Staff recommends Adoption of Emergency Ordinance No. 1 S66• Recommended Motion: MOTION: Move to waive the reading of Ordinance No. 1566, there being an ample amount of copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1.566, being an Ordinance establishing an Emergency Moratorium for the purpose of protecting the planning process and the health, safety, and welfare ofCity residents and regulating the establishment of smoke shops in all commercial districts. COUNCIL ACT10N: 75 EMERGENCY ORDINANCE NO. 1566 AN INTERIlVI ORDINANCE FOR TAE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING S1i~IOKE SHOPS IN ALL CO10/ili~IERCIAL DISTRICTS The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into five commercial districts, three business districts, and two industrial districts, one mixed development district; and, Section 4: The three commercial districts are further classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District, GB, General Business District, and CBD, Central Business District; and, Section 5: To date, the City of Columbia Heights has three licensed smoke shops, one pending application, and three other applications for a smoke shop distributed but not yet formally applied for. This equals a potential of seven smoke shops in the City of Columbia Heights' commercial corridor, with the possibility of additional stores based on existing vacancies; and, Section 6: The City Council determines it is necessary to undertake a land use study to determine the impact of a high concentration of smoke shops on the economic vitality of the city, including specifically defining what a smoke shop is, where the smoke shops may be located throughout the City, how close smoke shops uses may be from one another, and whether licensing requirements should be altered specifically for smoke shops; and, Section 7: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of existing smoke shops and the introduction of new smoke shops within the City, while the information is gathered regarding smoke shops so as to obtain an accurate depiction of the effects such uses have in Columbia Heights; and, Section S: Minnesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 9: The Columbia Heights City Council hereby imposes a moratorium on smoke shops in the LB, Limited Business District, GB, General Business District, and CBD, Central Business District effective immediately for the duration of six months, terminating ar7 November 26, 2009, and recognizing said time period may be shortened by an ordinance adopted by the City Coa.ancil. 76 Section 10: Activities affected by this moratorium include the establishment of smoke shops and the expansion of existing smoke shops within the LB, GB and CBD Commercial Districts in the City of Columbia Heights for the purpose of protecting the planning process pending completion. Section 1~: This Ordinance shall be in full furce and effect immediately. Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 77 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: May 26, 2009 AGENDA SECTION: Other Business ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Acceptance of the final 2010 BY: Jeff Sargent, City Planner BY: Comprehensive Plan Update draft for submittal DATE: May 19, 2009 to the Metropolitan Council. BACKGROUND: The City of Columbia Heights is nearing the completion of its 2030 Comprehensive Plan update process. On Wednesday, March 11, 2009, the City hosted an Open House for the public followed by a joint City Council and Planning Commission Meeting to discuss possible changes to the preliminary draft plan. Bonestroo has gathered. all the comments made at that meeting, as well as comments received from Columbia Heights' neighboring jurisdictions to present to the Council the proposed changes to the draft plan needed prior to submitting the final plan to the Metropolitan Council for their review. The attached memorandum outlines these changes. Once the Metropolitan Council has reviewed and accepted the proposed plan, the City will hold a Public Hearing to officially adopt the new Comprehensive Plan. Tonight's action is simply to accept the plan as written in order to submit the plan to the Metropolitan Council for their review. RECOMMENDED MOTION: Move to accept the fina12010 Comprehensive Plan Update draft, with proposed changes, for submittal to the Metropolitan Council. Attachments: Memo fi-orr~ Bonestroo addressin relirninar draft lan than es COUNCIL ACTION ~s Memorandum To: Columbia Heights City Council and Planning Project: Comprehensive Plan Update Date: 5/? R!2QOg Commission From: Tina Goodroad & Holly Client: City of Columbia Heights Reid, Bonestroo Re: Comprehensive Plan Update File No: 332-07129 Pianning Process The City of Columbia Heights is required to review and, as necessary, update its Comprehensive Plan in accordance with the Metropolitan Land Planning Act. The City is required to review and update its Comprehensive Plan and send it to the Metropolitan Council for review by May 29, 2009. The City of Columbia Heights held a joint meeting of the Planning Commission and City Council to review the draft chapters of the Comprehensive Plan on March 11, 2009. The City received comments from the City of Fridley, MnDOT, Anoka County, and Rice Creek Watershed District (RCWD). The Hennepin County Transportation Department did respond but with no additional comments. The Planning Commission will consider the comments and recommended appropriate changes at its meeting on May 26, 2009. This memo provides recommended revisions to address the various comments received. The plan has recently been reviewed against the Metropolitan Council's Comprehensive Flan Update checklist and additional language was added to meet all requirements. The City Council will adopt the Comprehensive Plan contingent upon Metropolitan Council review and review and approval by the DNR. Columbia Heights Planning Commission & City Council Comments The e-mail transmitting Fridley's comments on the plan are attached and we offer the following comments or revisions for consideration. Background Chapter o Update Comforts of Home text -this company defaulted o Add info about the new ordinance passed on inspection for abandoned homes (Economic C~evelopment Chapter o Include text that the City wil{work with local news sources and provide them with news stories that show the good parts of CH o Add text to encourage the development of retail and discount stores such as Trader Joe's, outlet stores. 7r Bonestroo 2335 Highway 36 VV St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 ~rrww.b or.estroo. com 79 Parks and Trails Chapter o Update the Construction timeline of Sullivan Lake Park ^ Transportation Chapter o Include text about the improvement plans are underway for the 49tt' and Central Ave pedestrian bridge implementation Chapter o Include text to have an annual clean-up day. The City can send out trucks to pick up items for free on this day o Include text to partner with groups like the Methodist Church who held a job fair to encourage citizens to take job searching classes. o Include text to have the City host an annual meeting with businesses and discuss needs and desires for the city. o Address the flooding problem on University Ave Appendix A o Provide more detail about the Special Service District City of Fridley Comments The e-mail transmitting Fridley's comments on the plan are attached and we offer the following comments or revisions for consideration. Parks and Trails Chapter o Add a bullet that Columbia Heights will work with neighboring cities to make connections to larger regional trails, transit opportunities, and parks. o Add a bullet that Columbia Heights will provide safe cycling connections to mass transit (i.e. Fridley Northstar Station} since cyclists can now take bikes on the bus and will be able to on the train as well. o Add a curb cut at 7th and 53`d to safely connect Columbia Height's bike route to Fridley's bike route across the road. Transportation Chapter o Update text on page 23 to state that there will be a Northstar Station nearby in Fridley on 61St Ave, one mile north of the Columbia Heights/Fridley border at 53`d o Put greater emphasis that cycling is part of the transportation equation. County of Anoka Comments The e-mail transmitting Anoka County's comments on the plan are attached and we affer the following comments or revisions for consideration. Page 1 of 4 80 Transportation Chapter o Modify Goal 7 to read "provide for safe and efficient roadway transportation o Update B Minor text to state they serve a county function and there are exactly 3 located in the City o Update Figure 1 -Existing Roadway Map, include state/county designation o Include MnDOT's access spacing guidelines and that the City should implement these guidelines as redevelopment occurs. Access guidelines should be incorporated into subdivision and zoning ordinances. o Modify LOS thresholds (too high) for some categories, especially 2-lane roadways. o Include park and ride lots and transit hubs on Figure 7 -Existing Transit Routes o Mention the City needs to coordinate its transportation improvement efforts with county o Modify Figure 8 & 9 - Change a portion of Central Ave to green Rice Creek Watershed District (RCWD) Comments The e-mail transmitting RCWD's comments on the plan are attached and we offer the following comments or revisions for consideration. Water Resources Chapter o Add an additional goal to address the promotion of groundwater recharge. o Add a map for Water Resources and Impaired Waters within the City. MnDOT Comments The e-mail transmitting MnDOT's comments on the plan are attached and we offer the following comments or revisions for consideration. Transportation Chapter o Provide an explanation of why the LOS for the section of 49tt' Ave east of Columbia Heights High School improves from a LOS B to a LOS A in 2030 (represented on Figure 9). Public Comments #rom Open House on March 11, 2QQ~ We offer the following comments or revisions for consideration. Land Use Chapter o Include the north end of Central Ave fram 49th to 53`d as part of the redevelopment Areas of Opportunity. This area should be Page 3 of 4 81 guided to include medians, landscaping, sense of entry, and streetscaping improvements. Update Map and text. o Include the strip mall on east side of Central Ave between 40tH and 4~ st as a redevelopment opportunity. Add density, place new buildings at sidewalk edge and keep a transit hub. Update map and text. o Create goal to bury telephone lines as feasible or redevelopment projects occur to enhance aesthetics of community. Housing Chapter o Recommend more rules for landlords such as background checks to prevent poorly maintained properties. ^ Parks and Trails Chapter o Add a policy to include mandatory sidewalks for all redevelopment projects o Add a trail connection from Silver Lake Park to Silverwood Park Metropolitan Council Requirements We offer the following comments or revisions for consideration. ^ Parks and Trails Chapter o Add description of bike and pedestrian connections to transit Transportation Chapter o Add map of planned transit service routes o Add map of existing and planned transit facilities Page 4 of 4 82