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HomeMy WebLinkAboutMay 26, 2009OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING TUESDAY, MAY 26, 2009 The following are the minutes for the regular meeting of the City Council 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. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Pastor Bill Hugo, St. Matthew Lutheran Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed the public hearings for Resolution numbers 2009-68, 69, 72, 73, 74, 75, and 76 in that the properties have been brought into compliance. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Elaina Hamann -Regional and International Science Fair participant Peterson stated that Ms. Hamann, of Columbia Heights, was present. He read from a newspaper article indicating Ms. Elaina Hamann has won six first-place awards and a participation. trophy at the Twin Cities Regional Science Fair and in April attended the International Science Fair in Houston, Texas. Elaina Hamann stated her project was on algae and its conversion to bio-diesel fuel. She explained the process she used. Hamann stated that she received a bronze metal at the Texas International Science Fair. B. Introduction -Eric Shurson, Assistant Liquor Store Manager Larry Scott, Liquor Store Manager, introduced our new Assistant Liquor Store Manager, Eric Shurson. Shurson stated his pleasure to work for the City of Columbia Heights and spoke of his business background. CONSENT AGENDA Nawrocki requested removal of items A, C, D, E, and H for discussion. Linda Magee, Assistant to the City Manager, took the Council through the consent agenda. A.Approve the minutes of the May 1 1, 2009 City Council meeting. Removed B. Accept the minutes of the Columbia Heights Boards and Commissions Motion to accept the April 16, 2009 minutes of the Charter Commission. C.Adopt Resolution 2009-65 approving_gap financing for redevelopment of 37th and Central. Removed D.Adopt Resolution 2009-66 being a Resolution requesting Anoka County HRA funds for Make Heights Your Home pro rg am• Removed E. Adopt Resolution No. 2009-64 being a Resolution that extends the $500 reimbursement program for the years 2009 through 2012 for the removal of illegal cross-connections to the sanitar sy ewer s sy tem• -Removed City Council Minutes Tuesday, May 26, 2009 Page 2 of 12 Removed. F. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Propert~Maintenance Code. Motion to approve the items listed for rental housing license applications for May 26, 2009. G.Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 26, 2009 as presented. H.Approve payment of the bills. Removed Motion by Nawrocki, second by Williams, to approve the Consent Agenda items with the exception of items A, C, D, E, and H. Upon vote: All ayes. Motion carried. Discussion A. Approve the minutes of the May 11, 2009 City Council meeting_ Nawrocki stated that at the last meeting the Mayor dispensed with Council Corner. The minutes should state that Nawrocki objected strongly to the removal. Motion by Williams, second by Kelzenberg, to approve the minutes of the May l 1, 2009 City Council meeting, as amended. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2009-65, approving gap financing for redevelopment of 37th and Central. Scott Clark, Community Development Director, stated that this is for the gap financing proceeds from the Anoka County HRA Levy. Both the City Council and the EDA have approved the original and amended redevelopment agreement for 37th and Central. One of the conditions is for $100,000 of gap financing for the project. A resolution is necessary to obtain those funds. Nawrocki questioned what the "gap" is. Clark stated that the developer came to us to establish a Performa. The project was not economically feasible. We gave three parcels of property and $100,000, and funds for some access reconstruction on 37th Avenue. Nawrocki asked how much public money has gone into this project. Clark estimated the parcel value at about $300,000 to $350,000, plus or minus 20 percent. Clark stated the developer is in the process of looking at tenants. The City Council did extend the project for one year. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-65, 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 37th and Central Avenue. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2009-66 being a Resolution requesting Anoka County HRA funds for Make Heights Your Home program. Clark stated that this program is to provide an incentive for individuals to buy foreclosed properties up to 3.5 percent of the acquisition price with a maximum of $6,000, for the down payment. The individual would have to become involved in the FHA process with a guaranteed minimum of $10,000 in rehabilitation to the property. The loan would be forgiven if they live on the property for ten years, and pro-rated if less time than that. Clark stated the County levy amount is $208,294, with 15 percent going to the County for administration fees. Nawrocki asked if these funds could be used for demolition. Clark stated they would be used for the "Make Heights Your Home" program. Motion by Williams, second by Diehm, to waive reading of Resolution 2009-66 there being aznpie copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to approve Resolution 2009-66 being a Resolution requesting City Council Minutes Tuesday, May 26, 2009 Page 3 of 12 funds in the amount of $160,000 from the Anoka County levy to finance Make Heights Your Home down payment assistance program. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. E. Adopt Resolution No. 2009-64, being a Resolution that extends the $500 reimbursement proPram for the years 2009 through 2012 for the removal of illegal cross-connections to the sanitary sewer s,, s Jesse Davies, Recycling Coordinator, stated the current Met Council charge of $85,000 a year could be reduced by lowering our infiltration into the sanitary sewer. Davies listed the areas of the city that have already been inspected and the areas remaining. The $500 reimbursement for infiltration correction has been available since the beginning of the program. Currently, there are 15 violations outstanding. The reimbursement is to help property owners correct the violation. 90 percent of owners have allowed the inspection and 90 percent have complied with requirements. Williams asked the number of violations found. Davies stated that 213 violations were found in the 3,900 properties inspected. Motion by Diehm, second by Kelzenberg, to waive the Reading of Resolution No. 2009-64, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg 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. Upon vote: All ayes. Motion carried. H. Approp ve payment of the bills. Motion by Nawrocki, second by Diehm, to approve the payment of the bills out of the proper fund as listed in the register covering Check Number 130294 through Check Number 130505, with the exception of check number 130315. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to approve check number 130315. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A.Second Reading: Adopt Ordinance 1565, Zoning Amendment to rezone 4337 University Avenue from LB to R-2A. Jeff Sargent, City Planner, stated this is the second reading and the applicant is present to answer questions. Allen Clark Wiggins, 4232 5th Street, owner of the property, stated he has cleaned up the property exterior and is beginning to upgrade the home. 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 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. Upon vote: All ayes. Motion carried. B.Adopt Resolutions 2009-68, 1022 42-1/2 Avenue N.E., 2009-69, 3810 Jackson Street N.E., 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 of the City Council of the Cit~of City Council Minutes Tuesday, May 26, 2009 Page 4 of 12 Columbia Hei hg is approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Peterson stated that Resolutions 2009-68, 69, 72, 73, 74, 75, and 76 were removed, as the properties have been brought into compliance. Fire Chief Gary Gorman indicated these revocations are requested for failure to submit a license application, schedule an inspection, and non-payment of fees. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2009-70, 71, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution Numbers 2009-70, and 71, 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. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions l . Adopt Resolution No. 2009-67, being a Resolution establishing Fire Department service charges fees. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2009-67, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2009-67, being a Resolution establishing Fire Department service charges fees. Nawrocki stated he is against charging additional fees for work included in the fire department's duties. Gorman stated that these items are above normal day-to-day operation, such as vehicle accidents, hazardous material spills, specialized rescues, fires along highways, and railroad yard fires. None of these items, except vehicle accidents, would pertain to a resident. Most vehicle insurance policies cover fire response. Peterson asked if other communities do this. Gorman referred to the survey he completed which lists what cities have additional charges and other cities that want our information, as they are also looking to enact this program. Nawrocki questioned the number of vehicle responses and the percentage that are residents. Gorman stated only a small percentage are Columbia Heights residents. Nawrocki stated that the City of Fridley only charges for vehicle accidents requiring extraction. Gorman stated that our ordinance is taken almost word for word from Fridley's ordinance and is not limited to vehicle extraction. Gorman indicated that with a 17 percent budget lass, he is trying to find other revenue sources. Deb Johnson 4626 Pierce Street, asked the protocol for accidents and if an accident is assessed before the large equipment is called in. Gorman stated it is. Peterson stated that it was decided at the first reading of the ordinance to evaluate this program in one year. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Peterson stated this would not change how emergencies are handled and the reaction given. City Council Minutes Tuesday, May 26, 2009 Page 5 of l2 2. Adopt Emer ency Ordinance No. 1566, to study the effects of smoke shop uses in all commercial districts. Jeff Sargent stated the Freedom to Breath Act allows for the sampling of tobacco products; however there are aspects of this that require additional research, such as zoning. Currently, there are three approved licenses, three pending applications, and possible additional requests. The moratorium would allow three months to study the situation and zoning and three months to create the ordinance. Nawrocki requested clarification if the license holders need to sell tobacco. Sargent stated that the license holder must have 90 percent of their sales in tobacco products. Nawrocki indicated this must be a stand-alone facility. Diehm asked the location of the pending applications. Sargent stated they are on the 4100 block of Central Avenue. Jim Hoeft, City Attorney, indicated that the pending applications can be held for the time of the moratorium. The placement is a zoning issue and licensing issue, so both would be suspended. Michael Johnson, Accountant, stated he represents the clients that applied for these licenses. He listed his background in establishing smoke shops. They are looking for a tobacco license that allows users to sample tobacco. It has become more of an ethnic issue beyond the traditional tobacco shop. He asked for criteria on how this license will function. Peterson stated that the moratorium would allow time to establish those perimeters and suggested he work with staff. Diehm stated that we want to provide proper separation from schools and follow state law. Johnson asked if existing licenses could continue operation. Peterson stated that currently licensed business could continue operation. Omar Jamal, Somalia advocacy group of St. Paul, stated that there are two operating stores owned and run by middle easterners. There is a license pending for 4111 Central. It would isolate food from tobacco sales. He has spoke to state representative's regarding cultural smoking. He asked that the pending licenses be allowed to serve the community and their Somalia culture during the moratorium. Clark listed the current licensed establishments. He informed the Council that there are two pending licenses for the same address. Jamal indicated the ethnicity of the other two licensed shops. Peterson asked if this moratorium would affect the pending application. Jim Hoeft, City Attorney, stated that it would. Jamal stated that he was not aware of two applications for the same address. Peterson stated that there are many questions to be answered and asked that Sargent work with these people. The moratorium can be lifted at any time. Clark stated the moratorium would be for six months and a staff committee would come back to the City Council with a recommendation. The policy question tonight would be excluding the pending applications from this moratorium. Hoeft stated the Council could decide where to draw the line on this moratorium. The easiest answer is to stop at this point and review the policy. Hoeft stated concern with the request to allow one specific ethnic group, as decisions can not be made on that basis. Bob Odden, 1201 42 '/2 Avenue asked why there is a request for an emergency moratorium, as we have existing shops and building vacancies. This would help the city financially. He questioned how a heavy concentration of smoke shops would be an issue. Nawrocki stated agreement with the City Attorney. State law allows for the trial of tobacco products. The law was being broken at the 49t" Avenue location in a restaurant. The state has placed restrictions to keep areas smoke free. He stated concern for proper ventilation of buildings that are suites. He encouraged moving forward with the moratorium. Donna Schmitt, 4260 Tyler Street, stated this is not to stop smoking in these shops. You do not want any concentration of the same type businesses in one area. Clark stated the concentration issue is only part of this, along with the Freedom to Breath Act, County regulations, etc. City Council Minutes Tuesday, May 26, 2009 Page 6 of 12 Motion by Williams, second by Nawrocki, to waive the reading of Ordinance No. 1566, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Emergency Ordinance No. 1566, 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. Upon vote: Ali ayes. Motion carried. Peterson suggested that people with concerns contact the City Planner to work through this. B. Bid Considerations -none C. Other Business Acceptance of the final 2010 Comprehensive Plan Update draft for submittal to the Metropolitan Council. Sargent stated that we are near completion of the 2030 Comprehensive Plan. The city hosted a public meeting on the plan, comments were collected, and comments from neighboring communities were collected and added to the draft plan. The next step is to submit the plan to the Metropolitan Council for their review and receive back their suggestions. Nawrocki stated his disappointment in this process. He does not understand why there is not further discussion on the comments received. Sargent stated this submittal is a final version of the plan. Once approved by the Met Council, it can be submitted as the final plan. Nawrocki questioned the implications of the comments and their impact on the plan. He stated he would not approve this and would like to see how the comments affect the plan and how they are applied. Diehm referred to comments received by the watershed and was surprised by the comments from the City of Fridley, asking if they were from their Council or staff. Sargent stated that our staff does the review for other cities, but he was not sure how they do it. Diehm read the City of Fridley's comments and stated her pleasure that they review it so thoroughly and give their comments. Nawrocki stated that, as a council, they were not given the opportunity to review the Fridley plan. Diehm suggested that in the future, if council members have an interest, they come in and review the other plans. Motion by Diehrn, second by Kelzenberg, to accept the fina12010 Comprehensive Plan Update draft, with proposed changes, for submittal to the Metropolitan Council. Dwayne Morrell, 4212 Reservoir Boulevard, commented on bike paths and gave commuter rail suggestions. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. .ADMINISTRATIVE REPORTS Report of the Assistant to the City Manager Magee listed items for the June 1 work session: - IC request for fencing, annual comprehensive financial report and alternatives for the auditor's presentation, ordinance for excessive police calls, and carrying of replica firearms. Nawrocki requested to discuss the financial report. Magee stated the report would be distributed at the end of June. City Council Minutes Tuesday, May 26, 2009 Page 7 of 12 Report of the City Attorney -nothing to report. CITIZENS FORUM Morrell stated he would like to see limitations on the expansion of charges in Resolution 2009-67. He asked if the fire department budget is available. Diehm stated the fees have to be set by resolution and any change would have to be approved by the Council. This must be reviewed next year or it will go away. Hoeft stated that the fees can not exceed the cost of the service. The rates used are based upon our budget and an international fire department formula. Morrell asked if the bridge design is complete. Peterson stated no. Morrell stated that he is working on a design for an increase/decrease curve. He stated it would be cost effective to add new ramps to the existing bridge. Odden stated is would be helpful if the Council encouraged people to move into our community as we have low crime. He referred to holding down taxes and the liquor store signs. COUNCIL CORNER Kelzenberg • ~ Read item from the green sheet regarding recent daytime burglaries. Watch out for your neighbor's houses and ca11911 if there is any suspicious activity. • Wished his son a happy 18th birthday. Williams • Referred to the community fundraiser for playground equipment for two parks on June 19th and 20th. He listed the activities scheduled. Tickets are available at city hall, the school, and from the Mayor. This will renew the play equipment at Castle Heights and at Huset Park. Diehm • Referred to the Heritage Heights policing plan, which dedicated 47 hours, contact with 126 residents, and resulted in 10 arrests. • Heights Idol competition was held and round two be held June 27. Come to see the great talent in our community. • June 11 will be the community celebration to open the two new gyms. Come and tour the new gyms. • Reminded everyone what our food shelf does for our community. Now with our children out of school, there is a greater donation need. If you are able to make adonation - it is appreciated. Nawrocki • Spoke of the pedestrian bridge ramps. • It is difficult to collect fire service fees from the rail road. • Concerned about the budget process. Questioned what the Governor will do regarding aid reduction. You have to look for cost efficiencies. The employee furlough this year was a good thing. We must look ahead. The manager indicated he is looking at 13.6 percent property tax increase for next year, which does not include the County EDA levy. Peterson + Extended an invitation for citizens to email what services they would like to see cut and how to cut them. We represent the community and want the best service for the money. We can plow snow at six or twelve inches instead of at three. Why would Concilmember Nawrocki vote again an ordinance for extra fire services rather than having all residents pay for them? • Public safety building is coming along great. This is an exciting time in Columbia Heights. City Council Minutes Tuesday, May 26, 2009 Page 8 of 12 • Working to raise funds for a public servant statue by selling engraved brick and commemorative coins. We have raised $18,000 of our $50,000 goal. There is a lot of cooperation in the community. • June 11'" is the opening of the new gym, with many festivities planned. We want to provide opportunities to our youth and citizens. • Don't take ourselves too seriously and do a random act of kindness. Nawrocki stated that Donna Schmitt did make a recommendation on budget issues. It was indicated that we would look at it but have not. Peterson stated that we have not looked at the budget yet. • Don't forget your service men and women. • There was a wonderful celebration held by the VFW on Memorial Day. Nawrocki was the MC, with music and the homily by Pastor Briley, followed by a lunch. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:04 p.m. . ~ _ w . ,~~.~-- C ;-,, atricia Muscovitz, CMC City Clerk RESOLUTION 2009-65 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 37T" 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 funds 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, WHEREAS, the 37`h and Central LLC entered into an agreement on June 24, 2008 and subsequently amended. on Apri128, 2009 with the City of Columbia Heights and the City of Columbia Heights' Economic Development Authority (EDA); and, WHEREAS, the redevelopment of 37`'' 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 HRA for gap funding assistance for the redevelopment of 37`h and Central based on the provisions of the Redevelopment Contract for Private Redevelopment, dated Apri128, 2009 as amended, between the City of Columbia Heights, Columbia Heights EDA and the 37`h and Central LCC RESOLUTION 2009-66 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 IN THE CITY OF COLUMBIA HEIGHTS. City Council Minutes Tuesday, May 26, 2004 Page 9 of 12 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. RESOLUTION N0.2009-64 RESOLUTION PROVIDING CONTINUATION OF FINANCIAL REIMBURSEMENT FOR THE SUMP PUMP DISCONNECT PROGRAM WHEREAS, the City has adopted Ordinance 1472 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 form 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 3 ] , 2012 and is hereby approved and adopted. ORDINANCE 1565 BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 4337 UNIVERSITY AVENUE NE SECTION 1: WHEREAS, the current zoning classification of the property does not allow asingle-family use as a permitted used; and WHEREAS, 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. WHEREAS, 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 WHEREAS, 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. City Council Minutes Tuesday, May 26, 2009 Page 10 of 12 SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. RESOLUTION 2009-70 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 Marietta Bornholdt (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4207-09 2"d 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 an 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-wit: 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 1. The rental license belonging to the License Holder described herein and identified by license number F8931 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 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) of that certain residential rental license held by Petrona Lee (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the 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 l . 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-wit: Failure to submit renewal. rental license application City Council Minutes Tuesday, May 26, 2009 Page 11 of 12 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 1. 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; 3. All. tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION N0.2009-67 BEING A RESOLUTION ESTABLISHING FIRE DEPARTMENT SERVICE CHARGES FEES WHEREAS, 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 Heavy Rescue Truck Crew of 4 $300 per hour Rescue Truck Crew of 3 $100 er hour Fire Fi hter One Current hourly rate Fire Officer One Current hourly rate Ambulance Crew of 3 $400 er hour EMERGENCY ORDINANCE NO. 1566 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING SMOKE SHOPS IN ALL COMMERCIAL DISTRICTS The City of Columbia Heights does ordain: Section l: 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 defrning 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, City Council Minutes 'Tuesday, May 26, 2009 Page 12 of 12 Section 8: 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 on November 26, 2009, and recognizing said time period. may be shortened by an ordinance adopted by the City Council. 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 11: This Ordinance shall be in full force and effect immediately.