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HomeMy WebLinkAboutSeptember 28, 2009 RegularCITY OF COLUMBIA HEIGHTS Mavor Garv L. Peterson 590 40`~ Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Couneilmembers Veit our website at: www.ci.coFubira-3cei~hts.nzn.us Robert A. YViUianrs Brace Nawrocki Tammera Diehm Bruce Kel_enberg City lVStlnQPeT 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 Monday, September 28, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the 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 Lorraine Mell, Immaculate Conception Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These 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. Proclamation -October 2009 -Domestic Violence Awareness Month 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) p5 A. Approve Minutes of the September 14. 2009 City Council meeting p6 MOTION: Move to approve the minutes of the September 14, 2009 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions MOTION: Move to accept the August 5, 2009 minutes of the Library Board. pzs pz7 p3z MOTION: Move to accept the June 24, 2009 minutes of the Park and Recreation Commission. MOTION: Move to accept the August 26, 2009 minutes of the Park and Recreation Commission. C. Aanrove Gambline Permit for Immaculate Conception Church, November 14, 2009 p36 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board. indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at an event being held Saturday, November 14, 2009, at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. City Council Agenda Monday, September 28, 2009 Page 2 of 4 D. Adopt Resolution 2009-149, being a Resolution establishing amount of City share and amount of special assessments on projects to be levied. MOTION: Move to waive the reading of Resolution No. 2009-149, there being ample copies p37 available for the public. MOTION: Move to adopt Resolution No. 2009-149 being a Resolution establishing amount of City share and amount of Special Assessments on Projects to be levied. E. Adopt Resolution 2009-148 approving Third Amendment to Amended and Restated Contract for Private Redevelopment - Huset Park Development p39 MOTION: Move to waive reading of Resolution 2009-148, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-148, a Resolution approving the Third Amendment to Amended and Restated Contract for Private Redevelopment by and between the City of Columbia Heights and Huset Park Development Corporation, approved on August 1, 2007; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. F. Adopt Resolution 2009-150, being a Resolution authorizing extension request to the Met Council for 47th and Central Avenue parking ramp rant psl MOTION: Move to waive the reading of Resolution 2009-150, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-150, authorizing submittal to the Metropolitan Council for a third extension for Demonstration Grant No. 50006-166 for the 47th and Central Avenue parking ramp. G. Demolition Bid for 4147 7th Street and 4448 Quincy Street -Scattered Site MOTION: Move to approve the demolition contract for TCM Construction, in the amount of $14,004 for properties located at 4147-7th Street and 4448 Quincy Street. H. Annroval of the attached list of rental housing license applications, in that they have met the p53 -- - - requirements of the Property Maintenance Code. p 4 MOTION: Move to approve the items listed for rental. housing license applications for September 28, 2009 p55 I. Approve the 2010 Business License Fees MOTION: Move to adopt Resolution 2009-147 being a Resolution adopting the 2010 Business License Fee Schedule as presented. Approve Business License Applications p6o MOTION: Move to approve the items as listed on the business license agenda for September 28, 2009 as presented. K. Approve Payment of Bills p6z MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached. register covering Check Number 131819 through Check Number 132023 in the amount of $2,004,981.01. MOTION: Move to approve the Consent Agenda items. City Council Agenda IVlonday, September 28, 2009 Page 3 of 4 6. PUBLIC HEARINGS A. Adopt Resolution 2009-1 S2 4149 Monroe Street N.E. being_a Resolution approvin r~ ental ~l license revocation for failure to meet the requirements of the Property Maintenance Codes. p MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-IS2 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-IS2 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. B. Adopt Resolutions 2009-1 S3, 5038 Jefferson Street N._E. 2009-1 S4 3957 Polk Street N.E. and 2009-1 SS 941 4Sth Avenue N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. ~ p74 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-1 S3, 1 S4, and 1 SS there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2009-1 S3, 1 S4, and 1 SS being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. C. Adopt Resolution 2009-1 S 1 beil~ a Resolution agproving acquisition of 4450 V an Buren Streetp81 MOTION: Move to waive the reading of Resolution 2009-1 S I, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-1 S 1, approving the acquisition of property located at 4450 Van Buren Street NE; furthermore to authorize the Mayor and. City Manager to enter into an agreement of the same. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Second Reading of Ordinance 1 S70 being a MuniciRal Code Amendment as it relates to Smoke ShoC}S p84 MOTION: Move to waive the reading of Ordinance No. l 570, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1570, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1570. B. Bid Considerations -none C. Other Business -none 8. ADNIINISTRATIVE 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. City Council Agenda Monday, September 28, ?009 Page 4 of 4 Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record.. 10. ADJOURNMENT ~~'illiam Elrite Finance Director WE/pvm PROCLAMATION OF OCTOBER 2009 AS DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution. and conviction in accordance with the law; and WHEREAS, over thousands of women and children have and. will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same tune effecting social and legal change; and EREA5, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence. NOW, THEREFORE, BE IT RESOLVED that I, Mayor Gary L. Peterson proclaim October to be Domestic Violence Awareness Month. Mayor Gary L. Peterson OFFICL~L, PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 14, 2009 'The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 14, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mauro Souza, Church of All Nations, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed item C2 Board and Commission appointments, as the Council has not yet reviewed this. Nawrocki requested an update on the public safety building project, update on remaining work at University Avenue north of 40`" Avenue, an explanation of the letter on water testing, and the no parking signs in his area. Kevin Hansen, Public Works Director, stated that the University Avenue landscaping is a two year project and is still under warranty. We are having difficulty getting the contractor back in town. North of 45t~' Avenue, they pulled the weeds and just left them. Hansen stated the no parking signs are for the second sweeping after seal coating. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Bobby and Steve's Auto World Youth Foundation donation to the Immaculate Conception fence installation. Jeff Bahe, Bobby and Steve's Auto World Youth Foundation, presented a check for $3,266.69 to Immaculate Conception Church/School for a fence along Jackson Street. These funds came from the golf tournament held this year. He listed sponsors of the event. Steve Smith from Immaculate Conception stated his appreciation for the concern of their youth and the funds donated. B. Library Board of Trustees -Fundraiser Cliff Shedlov, Library Foundation Board, indicated the Foundation will hold a spaghetti dinner fund raiser this Wednesday at Murzyn Hall, with a flat screen TV raffle. The annual movie fundraiser at Heights Theater will be held again this December. C. Celebrate Constitution Week 2009 -Anoka Chapter of the Daughters of the American Revolution (DAR) Mayor Peterson read the Proclamation. Glenda Meixell Regent, Anoka (DAR), accepted the Proclamation and gave the history of the Constitution. Regent was in period dress. Peterson listed the hours and charges at the new gymnasium and exercise room. Nawrocki stated the school is hiring two people to handle their gym. He suggested we work with them. Peterson stated they are part-time and there will only be one person available after 6:30 p.m. City Council Minutes Monday, September 14, ?009 Page 2 of 19 CONSENT AGENDA Williams requested to remove item N. Nawrocki requested to remove items F, G, H, and O. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve Minutes of the August 24, 2009 City Council meeting. Diehm indicated minor corrections to the Council and P&Z minutes that will be handled administratively. Motion to approve the minutes of the August 24, 2009 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the June 23, 2009 minutes of the EDA. Motion to accept the September 1, 2009 minutes of the Planning and Zoning Commission. C. Adopt Resolution 2009-135 being a Resolution for approval of an 11-foot front yard average setback variance for a deck at 1201 45th Ave. Motion to waive the reading of Resolution 2009-135, there being ample copies available to the public. Motion to adopt Resolution No. 2009-135, approving an 11-foot front yard average setback variance for the construction of a deck at 1201 45th Avenue, subject to the conditions outlined in Resolution No. 2009-1.35. D. Approve Demolition Bid for 4618 Polk Street and 4636 Polk Street Fehst stated these were substandard bungalows in the Sheffield area. Three bidders were within $1,000 of each other. Motion to approve the demolition contract for Kevitt Excavating LLC, in the amount of $20,300 for properties located at 4618 Polk Street and 4636 Polk Street. E. Grant agreement with ISD #13 for 21st Century Community Learning Centers Grant - Fehst stated this is a grant for the recreation department of $45,000 and the library of $12,000. Fehst listed. programs that are run with these funds. Nawrocki asked if this is part of the expenditure budget now. Becky Loader, Library Director, stated the grant monies are used for programs not currently funded through the city budget. Motion to waive the reading of Resolution No. 2009-132, there being ample copies available to the public. Motion to adopt Resolution No. 2009-132, being a resolution authorizing Execution of Agreement with Independent School District #13. F. Approve Xcel Energy Efficienc~Project at Public Works: Main Floor Lighting -removed G. Approve Xcel Energy Efficiency Protect at Library -removed H. Acceptance of a matchi~,~grant in the amount of $31 682.50 (each) for playground equipment in Huset West and Ramsdell Parks, totaling $63,365. -removed I. Approve transfer of funds from General Fund to Police Dept Budget to reimburse Overtime Fund re: Detox transports Motion to transfer $420.00 received from Anoka County for partial reimbursement of costs City Council Minutes Monday, September 14, 2009 Page 3 of 19 associated with detox transports from the General Fund to the Police Department 2009 Budget tinder line item 1020, Police Overtime. J, Approve transfer of funds from General Fund to Police Dept. Budget to reimburse Overtime Fund re: Off-Duty Employment Assignments Motion to transfer the $14,682.50 received from the Summer Academy, Sonic Restaurant, and Unique Thrift Stores from the General Fund to the Police Department 2009 Budget line item 1020, Police Overtime. K. Approve Resolution 2009-136 being a Resolution establishing the Police Dept. Fee Schedule Motion to waive the reading of Resolution No. 2009-136, there being ample copies available to the public. Motion to adopt Resolution No. 2009-136 being a Resolution establishing a Police Department Fee Schedule. L. Establish a public hearing to consider alley lighting Motion to establish Monday, October 12, 2009 at 7:00 p.m. as a Public Hearing for consideration of alley lighting behind 3906 2nd Street. M. 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 September 14, 2009. N. Approve Business License Applications -removed O. Approve Payment of Bills -removed Motion by Kelzenberg, second by Diehm, to approve the Consent Agenda items with the exception of F, G, H, N, and O. Upon vote: All ayes. Motion carried. F. Approve Xcel Energy Efficiency Project at Public Works: Main Floor Li hg tins Nawrocki questioned light sensitivity syndrome. Fehst stated. a memo was distributed to answer this question. Light replacement should have no additional effect on these difficulties. Hansen stated that fluorescent lighting is the current lighting. Test areas were lit with the new lights and no such. concerns were reported. 12 to 24 percent of the public can. be disturbed by fluorescent lights. There are colored lenses that can be worn to reduce sensitivity. Motion by Williams, second by Kelzenberg, to approve the replacement of 33 400watt Metal Halide light fixtures with 33 high intensity fluorescent lights, with funding provided through the Public Works Central Garage budget, 701-49950-4000, under the Xcel Energy project as outlined by the Center for Energy and. Environment. Upon vote: All ayes. Motion carried. G. Approve Xcel Energy Efficient Project at Library Motion by Kelzenberg, second by Williams, to approve the replacement of all lamps, nine exit signs, and three incandescent fixtures at the Library under the Xcel Energy project as outlined by the Center for Energy and Environment, and for financing to come from fund. 411 (General Government Buildings), Nawrocki stated that the Library portion has not been budgeted. They have a separate budget and it should be part of that. This request calls for funding from General Government Buildings. The cost savings should be remembered in the following years and the budget reduced proportionately. s City Council Minutes Monday, September 14, 2009 Page 4 of 19 Motion by Nawrocki for funds to come from Library budget rather than the General Government building. Mayor Peterson called for a second. Motion died for lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Upon vote: All ayes. Motion carried. H. Acceptance of a matching grant in the amount of $31..682.50 (each) for play~round equipment in_Huset West and Ramsdell Parks, totaling $63,365. Nawrocki asked if these were budgeted items. Hansen explained these are two carry over projects. Huset Park was planned for 2008 and Ramsdell Park was planned for 2009 and were part of the approved budget. Ramsdell was delayed. due to budgetary considerations. The playgrounds were part of the entire park redevelopment at Silver Lake and. Sullivan Parks. These grants are unique in that they are through Game Time with their equipment, in a 50/50 cost share. This was obtained on short notice and the grants are on a first come/first served basis. This would help us extend our park development funds. Nawrocki referred to Auto World's comment to donate funds for the play equipment. Hansen stated that discussion began the process, but there was no commitment from that foundation. This grant is ``use it or lose it" and if we do not use it the funds will go to another city. Nawrocki felt the donation should be pursued. Playground equipment at the schools was also discussed and it was indicated the funds would be shared. Peterson stated that he met with Game Time equipment. This donation is fantastic. Peterson requested that a thank you letter for their cantribution be sent to them. Motion by Diehm, second by Williams, to accept the grant for Huset Park West in the amount of $31,682.50, appropriating matching fiords of $38,502.89 from the Park Development Fund. 41.2, and furthermore authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to accept the grant for Ramsdell Park in the amount of $31,682.50, appropriating matching funds of $38,502.89 from the Park Development Fund 412, and furthermore authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. N. Approve Business License Applications Motion by Diehm second by Kelzenberg, to approve the items as listed on the business license agenda for September 14, 2009 as presented. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. O. Approve Payment of Bills Nawrocki stated that check 131760 is for Auto World. Motion by Nawrocki, second by Diehm to approve the payment of bills, with the exception of check 131760, out of the proper funds as listed in the attached register covering Check Number 131601 through Check Number 1.31818 in the amount of $1,474,726.32. Upon vote: All ayes. Motion carried. City Council Minutes Manday, September 14, 2009 Page 5 of l9 Motion by Nawrocki, second by Diehm, to approve payment of check 131760. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2009-139, 4928 4th Street_N E and 2009-140 3809 Buchanan Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman indicated revocation requests were for failure to schedule inspections, submit applications and pay fees. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2009-139, and 1.40 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2009-139, and 140 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. B. Adopt Resolutions 2009-142 1140-42 45th Avenue N.E., 2009-143 1204-06 Cheery Lane N.E., 2009-144 3961 Johnson Street N E. and 2009-145 4030 Quincy Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Gorman listed the reasons for declaration of nuisance and abatement request for the properties. Motion by Williams, second by Diehm to close the public hearing and waive the reading of Resolution Numbers 2009-142, 143, 144, and 145, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution Numbers 2009-142, 143, 144, and 145, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution 2009-146 being a Resolution requesting consideration of additional fundin tg hrough the 201 l Metro Municipal Agreement Program Hansen stated this would support an application for Municipal. Agreement funding for projects benefiting State highways. We are designing the pedestrian bridge, estimated at $3.2 to $3.4 million. The intent of this application is to further supplement pedestrian bridge funding. The estimate for funding would be up to $200,000. Federal funds can not be used for demolition and part of the sidewalk. Nawrocki indicated that our taking over the bridge would relieve MnDOT from future maintenance of the bridge. Nawrocki stated he had asked how much state aid money was going to be used for these costs and asked what items are already committed for highway dollars this year, next year, and the following years. Hansen stated a report is in process, but not yet complete. Right now, our annual allotment of state aid. is $535,000 with additional funds from the 2008 legislative action on gas tax. Our figure last year was increased. about $30,000 and next year the projection is $120,000 additional. The gas tax is not generating as much as anticipated so the additional may only be $90,000. Nawrocki stated that 30 percent of that is supposed to go for 10 City Council Minutes Monday, September 14, 2009 Page 6 of 19 general. street maintenance in the community. Nawrocki stated his belief that we have already made some commitments from that money, which he requested a list of. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2009-146, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2009-146, being a Resolution supporting a request for the Municipal Agreement Program funding for the construction of the Gateway Pedestrian Bridge over Central Avenue (TH 65) at 49th Avenue. Upon vote: All ayes. Motion carried. 2. 1st Reading of Ordinances 1570 and 1571 being a Zoning and Municipal Code Amendment as they Relate to Smoke Shops Jeff Sargent, City Planner, referred to the May 26`h moratorium relative to smoke shops, with these ordinances being in response to that. He referred to the Minnesota Freedom to Breath Act (FBA), and referred. to limiting stroking in smoke shops to sampling product, not to allow a smoking parlor. Staff recommended a zoning amendment disallowing smoking in smoke shops and to differentiate smoke shop sales from gas station type sales. At their September 1 Planning and Zoning (P&Z) meeting, the Commission agreed to allow a maximum of five smoke shops, but felt sampling should not be addressed.. Staff is requesting approval of the P&Z recommendation along with additional language limiting the sampling area to 100 square feet and no more than two patrons sampling product at one time. Sargent explained the three options given for council consideration: l .staff recommendation to prohibiting sampling and limit the number of shops to five, 2. P&Z recommendation of no limit to sampling and a limit of five stores, and 3. allow sampling within the size and number restriction of 100 square feet and two patrons sampling product. Nawrocki asked if sampling was not allowed how smoke shops would be different than other stores. Sargent stated businesses would be a smoke shop if more than 50 percent of their revenue was from tobacco sales. Williams asked if staff recommended the other options to the P&Z and if they turned them down. Sargent stated that with feedback from the P&Z the additional comments were added. Diehm asked if the two absent P&Z members gave their feedback on this. Sargent indicated Szurek indicated favorability before the item came to the Commission. Alex Bajwa, 3932 Longfellow Avenue, Minneapolis indicted he represents Hooka Kingdom and Hooka Paradise. The owners have not been informed of any complaints and have complied with the Freedom to Breath Act. The P&Z did not recommend any operation limitations. He asked that the City Council not support any recommendation other than the P&Z's recommendation. Kelzenberg asked Bajwa if he disagreed with the two patron sampling limit. Bajwa stated this goes far beyond the Freedom to Breath Act. Kelzenberg asked if there were already two patrons sampling product, if the next person would have to wait. Sargent explained the sampling procedure prior to purchase. We have no definition of what sampling entails, i.e. time or purchase of product. We are trying to define the intent of the Freedom to Breath Act. Diehm stated the issue is if a group of 20 people are sampling for a one hour, can that be called sampling. Williams questioned the current number of smoke shops. Sargent stated we currently 11 City Council Minutes Monday, September 14, 2009 Page 7 of 19 have four shops, Peterson stated that the P&Z agreed to the five business limit and felt the County and State should police the Freedom to Breath Act. Deb Johnson, 4626 Pierce Street, questioned if the police have noticed any problems. Sargent stated that the Police Chief indicated there were blatant violations of the FBA, with 30 people smoking. Johnson stated the way to handle this is to totally outlaw it. She questioned ventilation. Tim Utz, 556 40`" Avenue NE, stated his appreciation for celebrating Constitution Week. He stated. that the title "smoke shop" assumes there will be smoking. There is no need. to regulate this. Donna Schmitt, 4260 Tyler Street, P&Z member, agreed that the commission recommended following the FBA and limiting this to five shops, considering the size of our city. You have to be over 18 to enter the store. For large purchases, you would want to sample it. There have not been police calls there. She did not believe we can say that about our Liquor stores. Williams asked the City Attorney what the State indicates on this. Jim Hoeft commented that the State has given Local governments the ability to govern this. If there are questions down the road, the Council can take more stringent steps. Williams asked if we can send this back to the P&Z. Sargent indicated that the six month moratorium would end prior to a 30 day waiting period of an adopted ordinance. Sargent stated that this ordinance would have a 13 month amortization period allowing the restructure of these businesses. He indicated the FBA requires 90 percent of sales be from tobacco or tobacco related products. The License Clerk indicates from State information that sampling can not be included in the 90 percent of sales. Nuwrocki indicated that you. can not sample tobacco at a gas station or restaurant, so why can some places sample tobacco. He supported the staff recommendation of Ordinance 1570, option one, that no smoking be allowed in these smoke shops. Diehm stated. that you can not sample liquor and does not understand why smoke shops are considered different. Peterson stated that sometimes liquor stores do offer samples. Peterson stated that we have ordinances on the books that we do not enforce and stated that he has a problem regulating things that are self regulating. You have the right to stay out of the smoky environment. He is worried about more and more government infringement. Let it be. Put the responsibility back with the people. Deb Johnson stated agreement with the Mayor's comments. Her reason for going against this is for the purpose of enforcement; elimination would be easier. Motion by Nawrocki to have the first reading of Ordinance 1570, option 1. Diehm questioned the separate Ordinance numbers. She indicated her favor to move both Ordinances forward. Sargent stated Ordinance 1570 is an amendment to the Zoning Code and Ordinance 1571. is an amendment to the Municipal Code. Hoeft questioned the timing to table the first reading, but not send this back to the P&Z. Sargent indicated this would extend the Ordinance passage past the moratorium. Sargent reiterated the Council's options. Hoeft stated that from a licensing standpoint, any application received prior to the new regulation taking effect, for example limiting the number, if not in effect prior to final approval, there could be eight 12 City Council Minutes Monday, September 14, 2009 Page 8 of 19 applications, which would be more than intended. Diehm stated the option to move forward on the P&Z recommendation does not limit sampling in the establishments that are licensed. Hoeft stated that if the P&Z recommendation is passed, the new regulation would be in place before the moratorium expires. The Council would be able to revisit sampling at another time. Nawrocki questioned smoke shops in buildings attached to other businesses. Hoeft stated there must he a separation of businesses. Nawrocki referred to smoke infiltration, such as in the high- rise. Hoeft stated that the Building Official indicated this is handled through enforcement of the building code. Peterson called for a second to the motion. Diehm agreed to go forward with the license limitation and suggested talking to other cities to see what they do. Peterson called for the second. Motion failed for lack of a second. Motion by Diehm, second by Kelzenberg, to schedule the second reading of Ordinances 1570 and 1571. for Monday, September 28, 2009 at approximately 7:00 p.tn. in the City Council Chambers, incorporating the Freedom to Breath Act and limiting the number of smoke shop licenses to five. Hoeft indicated that the State requests the FBA be referenced in local ordinances. Fehst stated that the 90 percent of sales requirement is similar to the requirement for bars to have 90 percent of their sales in liquor. Sargent stated that a year end. audit will be required to confirm the percentage of product sold. Nawrocki suggested extending the moratorium for three months. Hoeft indicated that we can not statutorily extend the moratorium. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. B. Bid Considerations 1. Refuse and Recycling Proposals• Award of Bid and Authorizing Contract Development Hansen stated that refuse, yard waste, and recycling has been contracted. out for 15 to 20 years. The last eight years Allied Waste has provide this service for us. We met with them as their contract was coming to an end and they indicated there would be significant increases of 15 to 20 percent. Council requested this be brought to the open market. Seven contractors were sent RFP's and we received four proposals. Viola provided us with the lowest bid. There were three alternates within the RFP. Hansen asked for direction tonight on single sort recycling. There would be a transition in the pickup location. We want to make sure our waste goes to the lowest cost location. RFP wording was obtained from Blame's contract to retain the right to direct where the waste goes. Hansen stated. that transition to another contactor would create significant work. Viola recently did this with the City of Blaine and they had a very smooth process. Hansen stated that he and Jesse Davies met with Viola to revisit their bid and kick off looking at a transition plan and single sort recycling. Nawrocki stated that it is a mistake for us to pay the tipping charge, as we cannot be sure the refuse dumped is from our city, particularly from multiple units. The counties are backing out of 13 City Council Minutes Monday, September 14, 2009 Page 9 of` f 9 involvement with dumping. It is a mistake not to include the arrangement that they must do periodic checks for other dumping sources and pass the savings on to us. Currently, multi-unit dumpsters are overflowing. Either they are not picked up often enough or the container is not large enough. Fehst asked to be made aware of any such situations and we would notify the hauler. Motion by Diehm, second by Kelzenberg, to accept the bids for Refuse, Recycling and Yard Waste Services and from Veolia Environmental Solid Waste Services, based upon their low, qualified, responsible hid ands furthermore; direct staff to prepare naive-year contract for the base bid, and accepting alternate three for Single Sort Recycling for the same. Hansen stated that we have historical tipping fee records of amounts paid. The Viola commercial units have scales on them. We could spot check on a limited basis. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye, Peterson, aye. Motion carried. 2. Adopt Resolution 2009-133 being a resolution accepting_bids and awarding the contract for 2009 Sanita~ Sewer Lining City Project No. 0904 to Visu-Sewer. Inc. Hansen stated we received five bids for the work and the two low bids were less than $200 apart. There are eight segments of pipe and he recommend acceptance of the low bid. This work was budgeted for in 2009. Nawrocki asked how the prices compare to last year. Hansen stated the prices are up slightly less than five percent. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2009-133, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution 2009-133, being a Resolution accepting bids and awarding the contract for 2009 Sanitary Sewer Lining, City Project No. 0904 to Visu-Sewer, Inc., based upon their low, qualified, responsible bid in the amount of $113,200, with funds to be appropriated from Fund 652-50904-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. C, Other Business 1. Adopt Resolution 2009-134 being a Resolution adoRtin~; a Proposed Budget for the Year 2010 Setting the Proposed City Levy Approving the HRA Levy and Establishing_a Budget Hearing Date for ProRerty Taxes Payable in 2010 Fehst indicated that the budget recommendation has been discussed with the Council four times. The City has lost a great deal of local government aid "LGA" in un-allotment, and approximately $700,000 next year. In total, since 2003, we have lost over $12 million. Fehst stated that Williams requested information from 2003 forward on the amount the state promised. If we had received the amount allocated, rather than the average increase of 7.6 percent, our taxes would have increased by only 2.8 percent on average over the last ten years. At one time LGA and fiscal disparities amounted to almost fifty percent of our expenses, not including water and sewer. Local government aid is drying up. The purpose to balance out the tax burden for basic services was a good thing, but in practice caused problems. LGA will continue to recede. Council has indicated the desire to remove our dependency on LGA as soon as possible. With that instruction given, we presented a budget that attempts to do that, so by 2013 we would. be off LGA and any aid. received 14 City Council Minutes Monday, September 14, 2009 Page 10 of 19 would be used to reduce taxes. With recently constructed facilities, we anticipate an increase in operating costs. Almost 2.8 percent was an additional amount of bond money approved for the Public Safety Building and the Murzyn Hall retrofitting. As part of the four year plan, we suggest locking in to the 2008 budget with no increase over the 2008 budget, with the exceptions approved including personnel costs. We have reduced the number of positions and had furloughs that saved us about $280,000. This was to spread the pain and preserve the number of jobs that we could. Over 90 to 92 percent of the budget is the large operating department's personnel costs. We did reduce one person from the Fire Department, but we received federal funds fora 27`x' police officer, and our intention for the next three years would be to not reduce the police department sworn officers. With all of these things in consideration, we recommend a 2011 increase in expenditures of one percent, 2012 a two percent increase in expenditures, and in 2013 a two percent increase in expenditures. The revenue increase we would need to make this work would be 10.8 percent this year, eight percent next year, and six percent the year after that. He indicated the need to take significant steps to remove the need for LGA. Fehst indicated the reductions recommended in 2003 and positions added back at that time. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-134 there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2009-134 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $8,052,142 establishing a budget hearing date for property taxes payable in 2010 for December 14, 2009 at approximately 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $262,556. Nawrocki indicated his request at a work session for property valuations in the city, but has not received them, and questioned the levy limits. Bill Elrite, Finance Director, stated that the recommended limit is within the scope of the Limit allowed. Nawrocki commented on the impact of LGA and State mandates we have to live with. Nawrocki indicated cities that will not increase their levy. Our levy increase will be 1.3.6 percent and that does not include the reserves used. There have been significant increases in past years. Other cities are cutting back on personnel, which means cutting back on services. Property tax increases are not justified when looking at the taxpayer's ability to pay. At a bare minimum, the total property increase should be reduced to a maximum of six percent. This does not include the County EDA/HRA levy set for us. Nawrocki proposed bringing the levy down from 13.6 percent to a six percent increase. Motion to amend by Nawrocki that the estimated General Fund. levy be decreased from $7,229,778 to $6,626,582 dollars, that the library levy be decreased from $738,393 to $682,276 and EDA levy be decreased from $83,971 to $78,360. That would represent an overall increase of six percent. Peterson called for a second to the motion amendment. No second was received. Motion died for lack of a second. Williams stated that a motion to drop the levy by seven percent cannot be suggested without specific cuts. Nawrocki stated this can be done without chaos. The problem is we have not gotten into the detail of the budget. He gave the example that the Community Development Department has three planners and questioned if we need that many. Peterson stated that we are setting a maximum levy and Council members are asked to bring their suggestions to the work sessions. Williams stated that we have until December 14 to pass the 15 City Council Minutes Monday, September 14, ?009 Page 11 of 19 budget. Nawrocki stated that it is said every year that we can reduce the amount, but that has only been done once. Peterson stated it has been reduced three times in recent years. Nawrocki requested the dates and amounts. Elrite indicated in 2009 the final levy was reduced by $11.4,360 from the proposed, in 2005 it was reduced by $139,449, and in 2002 it was reduced by $27,217. Williams pointed out League of MN Cities information that indicates 85 percent of the cities across the country are facing budget difficulties. He commended the City Manager for presenting a four year plan to eliminate our dependency on State aid, as painful as is. This should have been done eight years ago. He stated that the worst of the budget picture has not yet hit. Fehst passed the compliment, for the four year plan, on to the Finance Director and staff. Utz reiterated that the State is broke; do not expect any help from. them. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - nay. Motion carried. Fehst stated that council will. act on the final budget December 14, 2009. 2. Appointments to vacant Board and Commission positions. -removed ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the Public Safety Facility Open House will be held October 3, from noon to 5:00 p.m. We are currently under budget. Nawrocki stated that we have been spending everything in the budget and spending the contingency fund. Nawrocki indicated the bill list shows payment of $15,000 to $18,000 for appliances. There will be three kitchens in the building. What was wrong with the equipment we have. Fehst stated that the police do not have appliances and fire may be able to use the current refrigerator. There is a kitchen for the police, fire fighters, and in the training room. Report of the City Attorney -nothing to report CITIZENS FORUM Mona, 4132 Stinson, stated there will be a celebration of freedom at Porta Del Sol on Saturday, September 19 from 3:00 to 8:00 p.m. Peterson stated that on Sunday, September 20, there would be a Pig Roast fundraiser for the Always On Guard statue. Raffle tickets are also available. Peterson stated that beginning tomorrow morning at 10:00 a.m. he would spend 24 hours on the roof of the Center for Family Resources, 7954 University Avenue, Fridley to raise funds for this non-profit organization. Seven mayors will each spend a different day on the roof. ADJOURNMENT Peterson asked everyone to not forget the job our service men and women do for us. He stated that his grandson leaves tomorrow for four years of service. Peterson stated: Don't take ourselves too seriously and do a random act of kindness. Peterson adjourned the meeting at 9:30 p.m. 16 City Council Minutes Monday, September 14, 2009 Page 12 of 19 Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-135 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR TIM SULLIVAN WHEREAS, a proposal (Case # 2009-0902) has been submitted by Tim Sullivan to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1201 - 45`h Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An I 1-foot front yard setback variance for the construction of a deck per Code Section 9.1.06 (B)(8). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 1, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE TT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall obtain a building permit prior to the construction of the deck. Resolution No. 2009-132 Authorizing Execution of Agreement with Independent School District #13 Be it resolved that the City of Columbia Heights will enter into a cooperative agreement with. Independent School District #13 for funds awarded by the 21S` Century Community Learning Centers Grant, administered through the Minnesota Department of Education. Mayor Gary L. Peterson and City Manager Walter R. Fehst are hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Columbia Heights. RESOLUTION N0.2009-136 BEING A RESOLUTION ESTABLISHING A POLICE DEPARTMENT FEE SCHEDULE WHEREAS, the Columbia Heights City Council has adopted Ordinance No. 1568 which allows fora $250 fee for each nuisance call to a property, starting with the third nuisance call within a period of 365 days, in response to or for the abatement of nuisance conduct. 17 City Council Minutes Monday, September 14, 2009 Page 13 of 19 WHEREAS, the Police Department's current fee schedule does not include this fee; and WHEREAS, the Columbia Heights Police Department wishes to include the $250 Repeat Nuisance Call Service Fee in its fee schedule; and WHEREAS, the attached fee schedule would be impleme nted on September 23, 2009, the date that Ordinance No. 1568 goes into effect; NOW THEREFORE. BE IT RESOLVED, that the attache d proposed fee schedule be adopted effective September 23, 2009. Columbia Heights Police Department -Fee Schedule Copies of Reports $.25 per page State Accident Reports $.25 per page Report on an Address/Person $5.00 Administrative Vehicle Impound Fee $15.00 Administrative Animal Impound Fee $15.00 Dog Impound (per day) $]9.00 Cat Impound (per day} $17.00 Digital Photos $5.00 Copy of Color Photos $5.00 for IS' page, $1.00 each add'1 page Audio/Video CD $15.00 Letter of Good Standing $10.00 Weekly Accident Report $5.00 Admin Tag 2-6 am parking Violation $25.00 Admin Parking/Moving Violations Varies Repeat Nuisance Call Service Fee $250.00 Plus add'1 fees for excess costs RESOLUTION 2009-139 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 Pamela Fergus (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4928 4`h 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 August 24, 2009 of an public hearing to be held on September l4, 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 I . That on or about August 11, 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 August 24, 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 schedule a rental property inspection, 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 U4928 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; 18 City Council Minutes Monday, September 14, 2009 Page 14 of 19 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 2009-140 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 Terrence F. Jones (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3809 Buchanan 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 August 27, 2009 of an public hearing to be held on September 14, 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 August 13, 2009 inspection office staff sent a letter reduesting 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 August 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-wit: Failure to schedule a rental property inspection and 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 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3809 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 2009-142 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Eric Betzler (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1140-42 45`h Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article l1, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 24, 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 July 15, 2009 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 24, 2009 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 4, 2009 inspectors reinspected the property and found that one violation remained uncorrected.. 19 City Council Minutes Monday, September 14, 2009 Page 15 of 19 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead tree in the front yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 1140-42 45`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal. as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1140-42 45`" Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-144 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article lI, of City Code, of the property owned by Jose Sanisaca (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3961 Johnson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 12, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council cf the City of Columbia Heights Makes the following: FINDINGS OF FACT I. That on August 12, 2009 the Fire Department responded to a long grass complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on August 12, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3. That on August 12, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses listed in the Anoka County Property Records database.. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 3961 Johnson Street N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions ofthe City Code Section 8.206(A) and 8.206(B). CONCLUS[ONS OF COUNCIL 1. That the property located at 3961 Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such. rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3961 Johnson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-143 20 City Council Minutes Monday, September 14, 2009 Page 16 of 19 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Travis J. Kline (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 1204-06 Cheery Lane N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 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 I. That on August 26, 2009 the Fire Department responded to a long grass complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on August 26, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3. That on August 26, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses fisted in the Anoka County Property Records database.. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 1204- 06 Cheery Lane N.E.. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1204-06 Cheery Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 1204-06 Cheery Lane N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-145 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Mortgage Electronic Registration Systems (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4030 Quincy Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 17, 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 August 17, 2009 the Fire Department responded to a long grass complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on August 17, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized. access to the building. 3. That on August 17, 2009 the Fire Department sent statement of cause to all registered owners of the property at the 21 City Council Minutes Monday, September 14, 2009 Page 17 of 19 addresses listed in the Anoka County Property Records database. 4. That based upan said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 4030 Quincy Street N.E, 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4030 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4030 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION N0.2009-146 BEING A RESOLUTION REQUESTING CONSIDERATION OF FUNDING THROUGH THE 2021 METRO MUNICIPAL AGREEMENT PROGRAM FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER CENTRAL AVENUE (T.H. 65) WHEREAS, the City of Columbia Heights intends to reconstruct the pedestrian bridge over T.H. 65, at 49`h Avenue NE; WHEREAS, the improvements will benefit both the City of Columbia Heights, surrounding communities and the Minnesota Department of Transportation. NOW THEREFORE BE IT RESOLVED, that the City of Columbia Heights is requesting funding for the Gateway Pedestrian Bridge in response to the Minnesota Department of Transportation's FY 202 2 Municipal Agreement Program solicitation. BE IT FURTHER RESOLVED that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements. BE IT FURTHER RESOLVED, that if funding is provided, the City of Columbia Heights will complete the Gateway Pedestrian Bridge project, Ciry Project 0906. RESOLUTION NO. 2009-133 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR 2009 SANITARY SEWER. LINING, CITY PROJECT NO. 0904 TO VISU-SEWER, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0904, Sanitary Sewer Lining bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: BIDDER TOTAL Visu-Sewer, Inc. $ 113,200.00 Lametti & Sons, Inc. $ 113,407.00 Veit and Company, Inc. $ 114,642.00 Insituform Technologies USA, Inc. $ 117,977.00 Michels Corporation $ 153,093.60 WHEREAS, it appears that Visu-Sewer, Inc. of Pewaukee, Wisconsin 53072 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Visu-Sewer, Inc. in the name of the City of Columbia Heights, for the 2009 Sanitary Sewer Lining, City Project No. 0904, according to plans and specifications therefore approved by the Council. 2. The City Engineer is 13ereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids 22 City Council Minutes Monday, September 14, 2009 Page 18 of 19 except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project No. 0904 shall be funded from the Sanitary Sewer Construction Fund. RESOLUTION 2009-134 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2010, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2010. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 201.0 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 10,030,152 Community Development Fund 263,988 Economic Development Fund 346,428 State Aid 159,116 Cable Television 119,439 Library 772,743 DARE Project 20,000 Infrastructure 220, 264 Capital Improvement 549,505 Capital Equipment Replacement Funds 512,014 Construction Funds 1,351,000 Central Garage Fund 691,800 Liquor Operating 8,617,835 Liquor Capital/Non- Operating 704,624 Water Utility Fund 2,389,598 Sewer Utility Fund 1,800,247 Refuse Fund 1,534,827 Storm Sewer Fund 353,378 Data Processing 306,776 Debt Service Fund 2,637,300 Total Expense Including Interfund Transfers 33,381,034 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 20] 0: Revenue General Fund 10,030,152 Community Development Fund 263,988 Economic Development Fund 346,428 State Aid 159,116 Cable Television 119,439 Library 772,743 DARE Project 20,000 Infrastructure 220,264 Capital Improvements 549,505 Capital Equipment Replacement Funds 512,014 Construction Funds 1,351,000 Central Garage Fund 691,800 23 City Council Minutes Monday, September 14, 2009 Page 19 of 19 Liquor Operating 8,617,835 Liquor Capital/Non- Operating 704,624 Water Utility Fund 2,389,598 Sewer Utility Fund 1,800,247 Refuse Fund 1,534,827 Storm Sewer Fund 353,378 Data Processing 306,776 Debt Service Fund 2,637,300 Total Revenue Including Interfund Transfers 33,381,034 Section C. The following sums of money are levied for the current year, collectable in 2010, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy Estimated Library Levy 7,229,778 738,393 Estimated EDA Fund Levy Total 83,971 8,052,142 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2010 in the amount of $262,556. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the public budget hearing is scheduled for December 14, 2009 at approximately 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2010 that is higher than the tax rate calculated for the City for taxes levied in 2008, collectable in 2009. BE 1T FURTHER RESOLVED :That the City has adequate fund balances and reserves to pay 2010 Bond principal and interest payments on Genera] Obligation Band Series 2003A in the amount of $43,100 and General Obligation Bond Series 2006A in the amount of $196,922 and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2010. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. 24 ~ ~- Approved ~~~~ ~` 8/31!09 ~ ~1~•. ~- ~ i ~'~ COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES August 5, 2009 The meeting was called to order by Chair Patricia Sowada, at 6:34 p.m. Members present were; Nancy Hoium, Patricia Sowada, Lynette Thomson and Catherine Vesley. Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. The minutes of the July 1, 2009, Board meeting were approved as mailed. The bill list dated 7/13!09 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 7/27/09 was reviewed. It was moved, seconded and passed that the bills be paid. It was moved and passed to consider the bill. list dated 8/10/09 from the floor. The bill list dated 8/10/09 was reviewed. It was moved, seconded and passed that the bills be paid. The 2009 accounting dated 8/5/09 was reviewed. Old Business: 1. The Board received the corrected page for the proposed 2010 budget, Summary of cost factors for the comingyear: Explanation of Personnel. a. The Board discussed how staff hours differed from hours open to the public, and the changes to these hours from 2008-2010 proposed. 2. The Library has received official notification as a recipient of the 2009-2011 Opportunity Online Hardware Grant Pro ream. The Board discussed the upcoming training session and it was determined that Loader will attend with Library Trustee Vesley, and Library Supporter Barb Miller. 3. Interviews are scheduled to take place prior to the August 10, 2009 City Council meeting for the vacant Library Board seat. Two applicants will be interviewed. 4. Loader will be presenting information to the City Council concealing the recent energy audit at the September City Council work session. Due to the expected savings and turnaround expense the recommended upgrades will potentially take place in the fall of 2009. New Business: 1. The crossover statistics for June were reviewed. The statistics for the Museum Adventure Pass program were noted and discussed. 2. On December 31, 2009, the Library will close at 5:00 p.m. Full-time permanent employees will have a schedule change to work from 8:45 to 5:00 p.m. while the Library is open to the public from 11:00 a.m. to 5:00 pm. 3. Due to Loader's absence in September, the Library Board voted to cancel the September Board meeting and vote via email on essential items. 25 Items from the FIoore 2. The Anoka County Library system will be hosting SIRSI remotely starting August 29, 2009. To safely migrate all. information, Anoka County Libraries will be closed from August 26`h to August 28`'', and staff day has also been cancelled. The Columbia Heights Public Library will not have access to Workflows, the Internet, or the online catalog during the migration, and will be unable to provide services to the public. Loader proposed closing the Library to the public from August 26`h to August 28`'', with all permanent staff working on City network related tasks on August 26`''. It was moved, seconded and passed to accept the rescheduling strategy to accommodate the SIRSI. migration. It was moved, seconded and passed to close the Library to the public from August 26`h to August 28"' to accommodate the SIRSI migration. 3. The Board was notified of the upcoming Spaghetti Dinner fundraiser organized by the Library Foundation. Library Board members expressed interest in assisting with this endeavor. 4. The Board was notified of the finalized date and time for the December fundraiser with the Heights Theater. The fundraiser will take place on December 6"', with the silent auction starting at noon, and a musical performance and movie presentation of "Miracle on 34`'' Street" starting at 1 p.m. There being no further business, the meeting was adjourned at 7:30 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disahilities to participate in all City of Columbia Heights services, programs, and activities. 2 26 City of Columbia Heights Park and Recreation Commission June 24, 2009 Eileen Evans called the meeting to order at 5:43 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Stan Hoium; Marsha Stroik; Kevin Hansen, Public Works Director/City Engineer; Keith Windschitl, Recreation Director APPROVAL CONSENT AGENDA Evans asked. on the JPM expense report what the alcohol & gambling enforcement, consumption license is for. Windschitl indicated that is the license posted by the bar and he looked into the validity of it with the State of Minnesota. It is a legitimate requirement every year and is a consumption permit for public buildings that serve alcohol. Stroik asked about the garage space allocation. Windschitl indicated that is on the Public Works expense report but there is an expense shared by all departments for garage space regarding maintenance on vehicles. Hansen would be able to answer why it is a big lump sum on that line item. Holum asked about the maintenance contract with Honeywell and if that expense is going away. Windschitl indicated that issues regarding the heating a cooling has not been settled. Once those are fixed the contract will be renegotiated and the new system will be commissioned. The final payment has not been paid until the problems are fixed and the final results have been signed off on. Honeywell did promise to reduce costs by $15,000 per year for JPM. Motion by Hoium, second by Greenhalgh, to approve consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS None at this time, OLD BUSINESS A. Update on status of Park Construction projects: Sullivan Lake, Silver Lake Beach and Huset Park Shelter/Plat/ r~ ot-nd Evans indicated that the park. at Silver Lake Beach is covered with weeds. She asked. Hansen if the City paid for hydro seeding. Hansen explained that the hydro seeding was done too late last year. Employees are not mowing the area because they are trying to get the contractor to redo the area. Hansen updated the Commission that both Sullivan Lake and Silver Lake Parks are considered complete with exception of punch list items. Plants need to be replaced and tuff needs to get reestablished. The punch list for each park is about two pages long. The 27 shelter at Huset Park is nearing completion. Cap locks are on but the construction of it was not done well. and will be redone. The three areas of the playground will be divided up for equipment. The large area will consist of two playground areas for 2 - 5 year olds and 5 - 12 year olds. The middle and smallest area will have a digger and sand pit. The medium size area will have six to eight swings. All areas will be handicap accessible. This is a large structure and just the playground equipment alone will be $50,000 plus. Hoium asked if the work was done in-house. Hansen replied that the grading, backfilling and drain the would be completed in-house. The shelter and concrete was contracted out. Hoium asked if the shelter would have grills and tables. Hansen replied that the grills will be near the shelter and 6 tables are on order. ADA code states that 50% of the tables under the shelter need to be handicap accessible. B. Update on playground fundraiser (Auto World Youth Foundation) Windschitl indicated that the playground fundraiser overall did not offer as high of results as planned. The Friday night dinner at Murzyn Hall was well attended and ran very smoothly. The Lions Club had good bar sales and the auction went well. The Saturday event was well planned but was not well attended. He indicated that the families and kids in attendance had a great time and really got their monies worth in entertainment. Prior to the event Windschitl sent a letter to the neighborhood with details about the event. One resident did made contact about getting some help for parking during the event because they were having a graduation open house on the same day. Windschitl asked permission from Immaculate Conception to use a small corner of their parking lot incase additional parking was needed for their family. The resident parked their own vehicle in that area of the parking lot and ended up being towed by Jeff's, Bobby & Steve's Auto. Windschitl called the contact person. at Immaculate and the CH Police Department and know one could tell who called on the vehicle and there was no paperwork available. The initial request was made about two months prior to the event. He spoke with Jeff Bahe at Jeff's, Bobby & Steve's to waive the fee for towing and storage. Hoium indicated that he spoke with the resident involved and he said that Windschitl was great to work with and was thankful for his help. Windschitl indicated that the financial results have not been reported to him about the donation to the City. Evans stated that she did not see very much advertising for the fundraiser. Stroik stated that she saw a lot of posters for it and an insert in the paper. She also felt that information regarding whom the proceeds were benefiting was not clear. NEW BUSINESS A. John P. Murzyn Hall security Windschitl indicated that the Chief of Police does believe that this is a duty that should be assigned for the officers of the Police Department. Reserve Officers have been working the JPM detail recently. Windschitl feels that this is a positive change to use a security officer that has a more specific training for these types of events at JPM. The CSOs and 28 Reserve Officers are not trained in dealing with alcohol related events. This new system will also cost less to the JPM budget. Evans has experienced problems in personal situations with private security companies. Holum stated his desire for Peterson to be in attendance to explain how a decision on removing the security detail from the Columbia Heights Police Department, CHPD, can be made without discussion. Holum indicated that while working the bar for many events he feels that guests respond better when seeing a Columbia Heights badge and that has more impact than a private security company with no direct connection to the City and the Police Department. Stroik suggested using Heights residents that are police officers in other cities and having them work privately. Windschitl responded that ultimately the City Council would approve this decision. Windschitl informed the Commission that he did research private security companies. The first contact he made was to Earle Brown in Brooklyn Center because they have always used private security. He was referred to Wolfe Security and G4S Wackenhut. Windschitl met with both companies regarding armed and unarmed security at JPM events. Cost proposals were received from both companies Evans asked what the liability would be to the City when having an armed officer working that is not employed directly by the City. Windschitl responded that the company would be contracted with the City and would provide insurance listing the City as additional insured. He would also work with the CHPD to meet and work with the private security detail due to the fact that they would ultimately have interactions. Evans asked if an employee of JPM would be on duty with a private security officer. Windschitl replied that is the current policy and would continue to be the case. He stated one concern. was if a different officer would be on duty with each new event and the companies indicated that there are typically five or so officers assigned to one account. This alleviates problems of new officers not knowing the policies of JPM. Windschitl indicated G4S Wackenhut was the low bid. The contract would be for one year of service. G4S Wackenhut only hires officers with previous military experience or officers being trained in the police field. A 30 day notice is requered to back out of the contract. Evans asked if the renter would cover the total cost of security. Windschitl indicated yes. Holum stated that he always felt the CSO's did a good job at the events he worked bars for the Lion's Club, but generally have not had rowdy events. Holum asked if an unarmed security officer could be hired to save costs during events. Windschitl replied that we would have the option to reserve either type of officer. Greenhalgh asked if during an event where two officers are on duty if one could be armed and one unarmed. Windschitl indicated that is what staff would do. Motion by Greenhalgh, second by Holum, to move forward with G4S Wackenhut as the private security company for John P. Murzyn Hall events and bring it to the City Council for approval. Upon vote: All ayes. Motion Carried. 29 B. John P. Murzyn Hall. open bar policy Windschitl stated that this subject has been discussed over the years and JPM is one of the few facilities to offer the option of bringing in private alcohol. He does not feel that there is a problem with bringing in outside food.. There are times during an open bar that families are using young bartenders under 21 years of age and they do not always card people or know when to cut some one off. Windschitl proposes eliminating the open bar policy. He suggests changing the policy effective immediately with all new JPM rentals. Renters will continue to have the option to use the Columbia Heights Lions Club as no cost to the renter. The second option will be to use a licensed liquor establishment to serve the alcohol at no charge to the guests; the renter would pay negotiate and pay for drinks to the business. The Park & Recreation Commission could make exceptions to this policy. Windschitl restated that the Lions Club would continue to be the only group allowed to hold a cash bar. Existing renters would be encouraged to use a trained bartender for any current open bar. Motion by Stroik, second by Greenhaigh, to institute a no open bar policy effective immediately on all future rentals, current rentals would be allowed an open bar with the discretion and guidance of the Recreation Department. Upon vote: All ayes. Motion Carried. C. Circle Terrace Playground area use Hansen indicated the Parks Foreman has recommended the removal of the equipment on Circle Terrace due to problems listed from the CH Police Department in that area including vandalism and social problems. There is a basketball hoop and some older playground equipment in that location. Hansen suggests waiting for the opinion of Mayor Peterson before a decision is made. D. Insurance review of sliding hills Hansen indicated that the insurance company has done this in the past. The League of Minnesota Cities was asked to review the sliding hills at Silver Lake Beach and Keyes Park. They made recommendations and are requesting a formal response. Hansen suggests reading the recommendations for future discussion and posting Silver Lake Beach as a no sliding hill. One more suggestion in the report is to post extra signage at Keyes Park with warnings of sliding at your own risk and install more fencing to direct sliding in a safer direction. E. 2010 Parks Capital Improvement requests Hansen passed out a handout to the Commission. He asked the members to read through the packet for future discussion. Hansen indicated that Ramsdell Park is listed for improvements due to no action taken by the Council. Playground replacement in the amount of $55,000 is also listed. in the request incase there is not enough funding received from the Auto World Foundation Fundraiser. 30 REPORTS A. Recreation Director Windschitl indicated that regarding the new City Gym there is a punch list that is being worked on. The air conditioning began working yesterday. The summer Recreation Programs are using the gym several times a week and the CHPD is having open gym time every Tuesday afternoon. Fitness equipment is still being worked on and might possibly be received with the equipment from the School District or will be purchased. The office is in need of a phone and a computer for registration programs and general work. Windschitl received a complaint from a resident across the street from Prestemon Park. He brought up previous concerns of missing garbage cans and. stated that he witnessed public urination. Windschitl requested additional garbage cans with the Parks Foreman. There are signs posted with no drinking allowed and the Men's Softball League does not have any late night games at this park. Windschitl indicated that the summer program enrollment numbers are doing well. The Jamboree events will begin Thursday evening with the Fishing Clinic, Heights Idol will be on Saturday night. The fireworks on Saturday evening will have pre-blasts going off every hour beginning at 7:00 p.m. to give people a warning that the fireworks will be happening. The hope is to get more people aware that the fireworks will be happening and a larger number in attendance. The parade will be on Friday. The Men's Softball To°~irnament will have 19 teams. The Ambassador Program will be ending this year. The Parade Reception will be held at JPNI on Friday evening and the Ambassador Farewell will be on Sunday. B. Public Works Director/City Engineer Hansen reported that the Public Works Department is focused and working hard on preparations for Jamboree. C. Commission Members Holum recognized that Windschitl worked really hard over the weekend for the Auto World Foundation Fundraiser. Windschitl replied the event came together really well and was too bad that more people did. not attend. Hansen replied that the setup for the event was a good layout. Evans suggested for Commission Members to volunteer on a regular basis to be responsible for keeping check and coordinating the cleanup within City Parks. With the Public Works Department having 10 fewer seasonal employees than last year she feels volunteering at the parks would be of help. Hansen indicated that any volunteering does make a difference and there have been indications at the parks that there is fewer staff. ADJOURNMENT Evans adjourned the meeting at 7:15 p.m. Deanna Saefke, Recreation Clerk Typist II 31 City of Columbia Heights Park and Recreation Commission August 26, 2009 Eileen Evans called the meeting to order at 5:30 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Stan Hoium; Kevin McDonald; David Payne; Gary Peterson, Mayor; Kevin Hansen, Public Works Director; Keith Windschitl, Recreation Director APPROVAL CONSENT AGENDA Motion by Hoium, second by Payne, to approve consent agenda. Upon vote: All ayes. Motion Carried. Evans asked if the Tessman Company listed on the Public Works bills did the work at Silver Lake Beach Park. Hansen replied no, they are the company that grass seed is purchased from. Silver Lake Beach was redone and re-sprayed yesterday. Evans asked what the Line item is for on Murzyn Hall expenses for Creative Vision Technologies. Windschitl replied that is the software system that allows the Honeywell air system to be accessed from an external source. The IS Department required the purchase of this switch to be able to conduct this process without using the City network. and. to protect from any computer hacking. LETTERS AND REQUESTS A. Request for Open Bar on September 18, 2009 Windschitl indicated that the most recent policy does not allow open bars without an exception of approval from the Commission. He would like to take these requests on an individual basis. This particular renter will run a professional bar with responsible bartenders. Motion by Greenhalgh, second by Hoium, to allow an open bar on September 18, 2009. Upon vote: All ayes, Motion Carried. B. Request for the Columbia Heights Resident Discount for a CHHS Class Reunion Windschitl stated that in the past the resident discount has been approved for Columbia Heights reunions. There may be a class member living in the City but the question has always been in finding a person to provide their homeowner's insurance policy. Windschitl stated that whoever the renter will be for this event, they would provide a copy of their policy. Motion by Hoium, second by McDonald, to give the 25% discount to the reunion group on October 9, 2009. Upon vote: Ail ayes. Motion carried. 32 C, Request for an extended rental time unti12:00 a.m. for the Ethiopian New Year event on September 5, 2009 Windschitl indicated a letter of request was added to the meeting from the renters on September 5, 2009. Evans stated that our policy ends all rentals at 1:00 a.m. and does not want people in the neighborhood to be inconvenienced. Motion by Payne, second by Holum, to deny the request of an additional hour until 2:00 a.m. on September 5, 2009. Upon vote: AlI ayes. Motion carried. OLD BUSINESS A. Park Playground Equipment Hansen indicated. that the swing set and diggers have been ordered for Huset Park West. The equipment is in the back shop of Public Works and is waiting to be installed by staff. Evans asked if the funding was received from the Auto World Foundation. Hansen replied no and. that it was purchased for $3,500 to begin equipment installation. He stated that a second fundraiser golf tournament and raised money with that, but did not know about results. Mayor Peterson indicated that a check would be presented at the upcoming City Council Meeting. Hansen stated that a grant has been applied for through the equipment manufacturer, Game Time. The equipment at both Sullivan Lake and Silver Lake Parks is from Game Time. The grant is taken on a first come, first served bases and is a 50/50 matching grant with the equipment being purchased. from Game Time. Hansen indicated that if received this grant would be applied. for equipment at Huset and Ramsdell Parks. B. New Cit2 Gym Windschitl stated the Heights Happenings Newsletter has information for public use at the new City gym. The current schedule of times is just a start to allow the public into the facility. Future times and. programs will be added. He indicated additions for after school hours and recreation basketball times will be starting soon. Windschitl stated to get the program started the open times would be Monday through Friday from 9:00 a.m. to 11:00 a.m. and Saturdays 9:00 a.m. to 12:00 noon. Fees are $1 Daily Drop In, $10 Monthly Pass Residents and $20 Monthly Pass Non-Residents. An adult open gym time will be Wednesdays from 7:00 p.m. to 9:00 p.m. at a rate of $1 per time. This would avoid conflicts for youth church activities on Wednesday evenings. Times and rates are only for the City gym and exercise side of the Hylander Center. Windschitl requested volunteers to supervise the area and help to subsidize the supervision. The School District would decide on rates for their gym and fitness area with discounted rates for Senior Citizens and CH Athletic Booster Club members. Windschitl indicated a request was made from the City Manager to work with the School District in setting up the option for using the School District's exercise room for an additional fee along with the monthly pass in the morning on the City side. He stated the School Board debated whether or not to charge a fee and some members voted against having a fee. Windschitl stated that a minimal fee would create a buy in and respect of the facility; a fee would offset costs for utilities, staffing, repairs, cleaning and supervision. He indicated a concern for the public 33 might be getting time in the gym during the winter months due to the high demand from winter programs. Adjustments will have to be made to best accommodate all groups. Evans asked if the gym space would ever be rented out to outside groups. Windschitl indicated that tournaments would be run together with the CH Basketball Association, School District and City for a three way split on the revenue. The gym will not be open to the public on days when there are tournaments or holidays. A decision would need to be made with the Joint Powers Committee in regards to renting the space out to other groups. NEW BUSINESS A. Gateway Pedestrian Bride Hansen updated that the consulting firm of Bonestroo had done the preliminary work. Bids were taken for the final design and the consulting firm of SRF will prepare the final design. Public feedback on the project was received through the Internet, phone calls and a display at the Library. Majority of the comments were positive and in favor of the two designs displayed at the Commission meeting. Hansen indicated a truss style design would be pursued for pricing to match a similar color and aesthetic design as in the City Parks. Public comments indicated a preference to letter design for the City logo and. not the circle design and that the bridge is well lit. The Council selected. a spiral design on the East side of Central Avenue and a switchback design on the West side of Central Avenue. Hansen stated this structure would have a large presence on Central Avenue. He has requested for SRF to incorporate some street-scaping design that directs people to use the bridge and not cross on the street. Holum asked if there would be a speed. steps option for faster crossing than using the switchback. or spiral. Hansen replied that was a recommendation from MnDOT and will be bid as an alternate. There will be a power point presentation at the upcoming City Council meeting. He stated. that the main design elements of the bridge are done, the truss style, switchback, spiral and no center support column. By the end of the next week a 15% plan is due for MnDOT to review. B. Neighborhood Event Wagon Windschitl informed the Commission that the event wagon was parked in the street along 41St Avenue and Jefferson Street due to not being able to fit the van and the wagon in the alley to get to the driveway of the renter. At 2:30 a.m. the wagon was rear-ended by a drunk driver and was pushed up into front yards. He indicated that no one was seriously injured but the insurance company totaled the wagon out. Windschitl priced out a new trailer and purchased the same size, put logos on it and made adjustments inside for the chair and table racks. Two weeks after the accident the wagon was reserved four times in one week. C. Recreation Department Federal Grant Funding Windschitl indicated this is a similar grant in which the Recreation programs have been operating under and would be a continuation of funds. He indicated this new grant would be a partnership with the Columbia Heights School District, the Columbia Heights 34 Library, Stages Theater and other groups. The amount approved would be $45,000 each year for the next three years. Windschitl indicated this funds summer programs and youth trips on school release days. REPORTS A. Recreation Director Windschitl stated the youth football program has had many participants who are unable to afford their own shoulder pads and helmets. Many scholarships are used and every piece of donated equipment has been given out. Some of the teams were struggling to get enough players and within the last few weeks the numbers have increased. Windschitl asked the Commission Members if the 5:30 p.m. meeting time would work for the regular scheduled September meeting. B. Public Works Director/City En ig Weer Hansen indicated that the playground equipment at Circle Terrace is vandalized often. He stated. that due to the vandalism it is time consuming for cleanup and repair. This is an item to watch and make a possible decision in the future for removal. The children that are seen in the area would. not be in the correct age group to use the type of equipment that is there. Hansen stated that seven seasonal employees would be leaving this week and the remaining three within the following week. The Department would hire apart-time employee for the fall and winter. The season began with twenty seasonal employees. Hansen stated the pools would close on Labor Day. Windschitl and Holum indicated the Huset Park pool was drained over the previous weekend. Hansen replied he was unaware of that condition and would look into the situation. C. Commission Members Payne indicated the shelter at Sullivan Lake Park is really nice to use. He liked the lights that stay on inside the shelter. Mayor Peterson informed the Commission about a pig roast fundraiser to be held on Sunday, September 20, 2009 from 3:00 p.m. to 7:00 p.m. at JPM. He is requesting the rental fee to be waived for the fundraiser benefiting the statue at the new public safety building honoring past, present and future police and firefighters. Motion by Payne, second by Greenhalgh, to waive the fee for the police and fire statue fundraiser on September 20, 2009. Upon vote: All ayes. Motion carried. ADJOURNMENT Evans adjourned the meeting at 6:40 p.rn. Deanna Saefke, Recreation Clerk Typist ll 35 CITY COUNCIL LETTER Meeti ng of September "Lti, ZUU1 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Gambling Permit, Immaculate BY: Scott Nadeau" BY: Conception Church; November 14, 2009 DATE: September 21, 2009 DATE: NO. BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted a request for a gambling permit for activities taking place an Saturday, November 14, 2009. Activities to be included are bingo and raffles. A,N ALYSISrcONCLITSION: Since the organization satisfies the City Council resolution regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at an event being held Saturday, IV'ovember 14, 2009, at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. COUNCIL ACTION: 36 CITY COUNCIL LETTER Meeting of: 9/28/09 AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: ADOPT RESOLUTION 2009-149 BEING A RESOLUTION ESTABLTSHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED BY: K. Hansen DATE: 9/ 16/09 BY: DATE: Consistent with Minnesota Statutes and. City Code, the City Council annually adopts a resolution prior to the Special Assessment Public Hearing regarding costs to be borne by the City for public improvement projects. The resolution establishes the amount of the City share and the amount of the special assessments for projects to be levied against benefiting properties in the City of Columbia Heights. The purpose of the resolution is to advise the general public of costs to be incurred by the City versus costs to be incurred by benefiting property owners. Adoption of the resolution is done annually and staff considers this a routine matter in order to comply with State Statutes and the City Code. Staff recommends adoption of the attached Resolution. RECOMMENDED MOT10N: Move to waive the reading of Resolution No. 2009-149, there being ample copies available for the public. RECOMMENDED MOTION: Move to adapt Resolution No. 2009-149 being a Resolution establishing amount of City share and amount of Special Assessments on Projects to be levied. Attachment: Resolution 2009-149 COUNCIL ACTION: 37 RESOLUTION N0.2009-149 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 10th day of August, 2009, ordered. a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2009, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: PROJECT ESTIMATED _._ ASSESSED .___ ESTIMATED CITY PORTION TOTAL PORTION 2009 Street Rehabilitation and Alley Reconstruction Project 0902 $114,500. $283,300. $397,800. 2009 Street Rehabilitation and Alley Reconstruction Project 0902 $180,500. - $180,500. General, State Aid, and Utilit Funds Zone 1C and 3B Street Seal Coat, Project 0901 $ 66,500. $ 55,100. $ 121,600. Passed this 28`" day of September, 2009 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 38 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of Se tember 28, 2009: AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Adopt Resolution 2009-148 approving BY: Sheila Cartney BY: third amendment to amended and restated DATE: September 15, 2009 contract for private redevelopment - Huset Park Development BACKGROUND: On October 25, 2004 the City, EDA and Huset Park Development Corporation entered into contract for private redevelopment of the "Industrial Park." On August 1, 2007 the same parties agreed and entered into an Amended and Restated Contract for Private Redevelopment, and on February 9, 2009 the same parties entered into an Amended and Restated Contract for Private Redevelopment changing commencement and completion dates for development. On August 25,2009 the EDA approved the amendment as proposed. The "Minimum Improvements" in the contract is broken out into phases and includes three different housing types and one commercial space. According to the contract there are to be a total of 277 townhouse units, 50 senior units, and 183 condominium or cooperative housing units and 1.1.,650 square feet of commercial space. Due to the down turn in the housing market and. economic conditions, Schafer Richardson has requested. additional completion date amendments to the development contract and a reduction in lot price from $39,000 to $22,500 per townhome unit. Section 4.3(c) states "if the Redeveloper is making substantial progress with respect to the redevelopment project, and is unable to meet one or more of the above- referenced deadlines, the Authority and Redeveloper shall negotiate in good faith for a reasonable period to extend the time in which necessary action(s) must be taken or occur; the lapse of which time would otherwise constitute a default of this Agreement." The following table represents the second amendments requested. per phase and the new proposed Re nest: Phase Ori final Date Amended Date (Feb 2009 Pro osed Date IB Housin Com fete b 12/31/2008 Com fete b 4/30/20] 1 Com lete b 10/31/2011 IIA Housin Com lete b 4/30/09 Com fete b 6/1/2010 Com lete b 6/30/2011 IIB Housin Com fete b 12/31/09 Com fete 7/1/2012 Com lete by 9/30/2013 IIIA Housing and Commercial Commence by ].2/31/08 com lete b 12/31/2010 Commence by 4/1/2010 Com lete b 4/1/2012 Commence by 12/30/2011 Com lete b 12/30/2013 IIIB Housing Commence by 12/31/2010 com lete b 12/31/]012 Commence by 12/31/2012 com lete b 12/31/2014 Commence by 6/30/2013 Com lete b 6/30/2019 IIIC Housing Commence by 12/31/2012 com lete b 12/31/2014 Commence by 12/31/2014 com lete b 12/31/2016 Commence by 12/31/2019 Com lete b 12/31/2016 The following table represents the first amendment requested and the new proposed request for townhome units sales price: Ori final Amended 2007 Pro osed Chan e $38,500 $39,000 $22, 500 39 The development contract states the minimum improvements (stated above) but does not specifically determine the size of the units; however, an approved site plan does. The approved Site Plan for the development dictates the type of unit and where they are placed; therefore, the unit types and sizes should remain the same as what was originally approved. RECOMMENDATION: Staff recommends the City Council amend the development contract as requested to change commencement and completion dates and reduces the lot prices to $22,500 per townhome for the Huset Park/Parkview Redevelopment. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2009-148, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-148, a Resolution approving the Third Amendment to Amended and Restated Contract for Private Redevelopment By and Between the City of Columbia Heights and Huset Park Development Corporation, approved on August 1, 2007; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same ,4ttaehments: KesotaationlUUy-1=ttf, lhtrctArnenciment COUNCIL ACTION 40 CITY OF COLUMBIA HEIGHTS RESOLUTION N0.2009-148 RESOLUTION APPROVING A THIRD AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND HUSET PARK DEVELOPMENT CORPORATION Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ("Authority") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering the Downtown CBD Redevelopment Project ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. The Authority, the City and Huset Park Development Corporation (the "Redeveloper") entered into a into an Amended and Restated Contract for Private Redevelopment dated as of Augsut 1, 2007, as amended by a First Amendment thereto dated June 16, 2008 and a Second Amendment thereto dated as of February 9, 2009 (the "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located east of University Avenue and south and west of Huset Park . 1.03. The parties have determined a need to modify the Contract in certain respects, and have caused to be prepared a Third Amendment to Amended and Restated Contract for Private Redevelopment (the "Amended Contract"}. 1..04. The Council has reviewed the Amended Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Amended 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 shalt be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Amended Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. 41 Passed this 28`" day of September 2009 Offered by: Seconded by: Roll call: ATTEST: Patricia Muscovitz CMC City Clerk Mayor Gary L. Peterson 42 THII2D AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the 28th day of September, 2009, by and between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, COLUMBIA HEIGHTS, MINNESOTA, a public body corporate and politic (the "Authority"), established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act"), the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the ``City") and HUSET PARK DEVELOPMENT CORPORATION, a Minnesota corporation (the "Redeveloper"). WITNESSETH: WHEREAS, the parties hereto entered into that certain Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, as further amended by a Second Amendment thereto dated. as of February 9, 2009 (the "Contract"), providing for redevelopment of certain property in the City described as the Redevelopment Property; and WHEREAS, the parties have determined a need to amend the Contract in certain respects, in light of changing market conditions and extension of the so-called five-year rule under Minnesota Statutes, Section 469.1763, subd. 3 as amended by Minnesota Laws 2009, Chapter 88, Article 5, Section 8; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 4.3 of the Contract is modified as follows (italicized Panguage shows revision): Section 4.3. Completion of Construction. (a) Subject to Unavoidable Delays and the provisions of paragraphs (b), (c) and (d) below, the Minimum Improvements must be constructed in accordance with the following schedule: Phase I: As of the date of the Amended and Restated Contract, the internal site improvements and at least 80 percent of the required number of units for Phase I.A. are complete. Redeveloper must substantially complete all internal site improvements for Phase IB, including roads, and at least 80 percent of required number of housing units for Phase IB, by October 31, 2011. Phase II: As of the date of the Amended and Restated Contract, Phase IIA is under construction. Redeveloper must substantially complete all internal site improvements, including roads, together with at least 80 percent of required number of housing units for Phase IIA, by June 30, 2011. 43 Redeveloper must substantially complete all internal site improvements, including roads, together with at least 80 percent of required number of housing units for Phase 1IB, by April 30, 20130 Phase III: Redeveloper must construct and complete all internal site improvements, including roads, and at least 80 percent of the required number of housing units, according to the following schedule: Phase ILIA: Commence by December 30, 2011; complete by December 30, 2013. Phase IIIB; Commence by Jzzne 30, 2013; complete by June 30, 201.1, Phase IIIC: Commence by December 31, 2014; complete by December 31, 2016. 2. Section 3.1(d) is modified as follows (italicized language shows the revision): (d) The Redeveloper shall not Transfer any portion of the Redevelopment Property to any Subdeveloper (or to itself or an Affiliate for any Phase or portion thereof retained and constructed by Redeveloper) at price less than the following: $ 22,00 per townhome (As amended Azzgzzst 25, 2009) $ 18,000 per condominium or cooperative unit $300,000 for the commercial portion of Phase III $10,000 per senior rental unit (as amended June 16, 2008) The above amounts are payable at closing on any such Transfer, provided that if the Subdeveloper undertakes site improvements, any portion of such payment attributable to the cost of site improvements on the transferred Parcel may be deducted and paid by the Subdeveloper as those costs are incurred. In addition, each Subdeveloper shall pay to the Redeveloper at closing on such land sale the net present value of Projected Tax Increment from the transferred Parcel (calculated as described in Section 3.8(b) hereof). Upon such payment, the Authority shall issue the Initial Note for such amount, subject to all the terms and conditions of Section 3.8. 3. Section 3.8(e) of the Contract is modified as follows: (italicized language shows the revision): (e) Authori.:ation and Delivezy. Each Initial Note will be issued in substantially the form set forth in the Authorizing Resolution attached as Schedule D. Each Authorizing Resolution will be approved upon mutual determination by the Authority and Redeveloper of the principal amounts of and payment schedule for each Initial Note in accordance with the terns of this Section. The obligation. to deliver each Initial Note is conditioned upon (i) the Redeveloper having delivered to the Authority an investment letter for the Initial Note in a form reasonably satisfactory to the Authority; and (ii) the Redeveloper having delivered to the Authority, and the Authority having accepted, certification of Public Redevelopment Costs in accordance with paragraph (d) in at 44 least the principal. amount of the Initial Note, or the Redeveloper having satisfied the conditions of paragraph (f) below; and (iii) there being no uncured Event of Default by Redeveloper under this Agreement with respect to the relevant Phase. Notwithstanding anything to the contrary in this Agreement, if the conditions for delivery of the any Initial Note are not met by.Ianaiarv 1, 2015, which is ten years after the date of certification of the TIF District by the County, the Redeveloper's rights and interest to receive such Initial Note terminate. 4. The Contract remains in full force and effect and is not modified except as expressly provided herein. 45 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. By STATE OF MINNESOTA } SS. COUNTY OF ANOKA ) COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Its President Gary L. Peterson By Its Executive Director, Walter R. Fehst The foregoing instrument was acknowledged 2009, by and Executive Director of the Columbia Heights Economic body politic and corporate, on behalf of the Authority. Notary Public before me this day of and Walter R. Fehst, the President Development Authority, a public 4 46 CITY OF COLUMBIA HEIGHTS By Its Mayor Gary L. Peterson By STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) Its City Manager, Walter R. Fehst The foregoing instrument was acknowledged before me this day of 2009, by Gary Peterson and Walter R. Fehst, the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. Notary Public 47 HUSET PARK DEVELOPMENT CORPORATION By STATE OF MINNESOTA ) SS. COUNTY OF ) President and Chief Executive Officer The foregoing instrument was acknowledged before me this day of 2009 by Bradley J. Schafer, the President and Chief Executive Officer of Huset Park Development Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public 6 48 CONSENT BY ASSIGNEE The undersigned, as assignee of certain. rights of Redeveloper under the attached Amended and Restated Contract for Private Redevelopment (the "Amended Contract"), hereby consent to all terms of the Amended Contract; provided that nothing in this consent will alter or affect the rights of undersigned under the Agreement of Purchase and Sale (Finished Lots) between The Ryland Group, Inc. and Redeveloper dated April 18, 2005, as amended. THE RYLAND GROUP, INC. sy Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this 2009 by ,the of the Ryland Group, Inc., a Maryland corporation, on behalf of the corporation. Notary Public day of 7 49 CONSENT BY ASSIGNEE The undersigned., as assignee of certain rights of Redeveloper under the attached. Amended and Restated Contract for Private Redevelopment (the "Amended. Contract"), hereby consent to all terms of the Amended Contract. PARKVIEW HOMES, LLC By Its STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this 2009 by ,the Parkview Homes, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public day of of 50 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of September 28, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Adopt Resolution 2009-150, authorizing BY: Sheila Cartney BY: extension request to Met Council for 47`" and DATE: September 17, 2009 Central parking ramp grant BACKGROUND: In December 2006, the City was awarded a $974,369 grant from the Metropolitan Council for construction of a parking ramp at 47t" and Central. Due to economic conditions the commercial development has not started and an extension of the grant was given in 2007. In March of this year the City was given a second extension of the grant to December 31, 2009 with a reduction in the grant amount to $760,008. Again due to economic conditions the developer is requesting a third extension of the grant. This extension should ensure the project starts in 2010 and is finished in 2011. The Metropolitan Council has requested a formal resolution be provided as part of the extension request. RECOMMENDATION: Staff recommends the City Council approve the resolution for a third extension of the Met Council grant. RECOMMENDED MOTION: MOTION: Move to waive the public hearing for Resolution 2009-150, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-1.50, authorizing submittal to the Metropolitan Council for a third extension for demonstration grant NO. 50006-166 for the 47`" and Central parking ramp. dttn~hviaoritc• Rvcnlvtinv~ ~nn9-1 Sn COUNCIL ACTION 51 CITY OF COLUMBIA HEIGHTS RESOLUTION 2009-150 RESOLUTION AUTHORIZING SUBMITAL TO THE METROPOLITAN COUNCIL FOR A THIRD EXTENSION FOR DEMONSTRATION GRANT NO. S0006-166 FOR THE 47Tx AND CENTRAL PARKING RAMP Recitals Whereas, on December 13, 2006 the City of Columbia Heights was awarded a $974,369 grant from the Metropolitan Council through the Livable Communities Demonstration Account, and Whereas, these funds were to be used for a portion of the costs to construct a parking ramp as part of a commercial and office development at 47`" and Central, and Whereas, due to economic considerations the subject project has not been constructed, and Whereas, the City received a second extension on March 1 1,2009 from the Metropolitan Council with a grant reduction to $ 760,008 and a project completion deadline of December 31, 2009, and Whereas, the City views that progress by the developer should ensure a project start date in 2010 with a completion date by 2011, NOW THEREFORE BE IT RESOLVED, the Columbia Heights City Council hereby agrees to the following: 1) The development of the commercial portion of the Grand Central Lofts project is critical to the City's revitalization of Central Ave., bolsters the redevelopment actions in the adjacent Sheffield neighborhood and will serve as a future catalyst to complete the Lofts housing plan. 2} The City strongly encourages the Metropolitan Council to grant a third time extension to allow development to occur in 2010 with a final completion no later than 201 I. Passed this 28`" day of September Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 52 CITY COUNCIL LETTER Meeting of: September 28,2009 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Demolition Bid for 4147-7th Street and 4448 BY: Sheila Cartney BY: Scott Clark Quincy Street DATE: September l 8, 2009 Background Information: The subject single-family homes have been recently purchased as part ofthe City's scattered site housing program. The next step in the process is the demolition of the properties, and in an attempt to secure the lowest bid, twenty demolition specification packages were sent out for quotes. On September 24, 2009 the Community Development Department received l 1 quotes. The low response was $14,004 from TCM Construction. Since the City has not used. this firm in the past, staff is in the process of securing references. If any issues arise regarding these references staff will note this at the City Council meeting. The bid summary follows: Construction Firm Environmental General Demolition Total TMS Construction $1,650.00 $12,354.00 $14,004.00 Demo Di & Haul $1,750.00 $14,097.10 $15,847.10 Kevitt Excavation $1,250.00 $16,115.00 $17,365.00 KA Kamish Excavation $2,550.00 $15,080.00 $17,630.00 All Metro Excavation $2,900.00 $15,500.00 $18,400.00 DLT Construction $1,800.00 $18,000.00 $19,800.00 DMD Services $2,900.00 $19,310.44 $22,210.44 Griffin Petroleum $2,000.00 $22,000.00 $24,000.00 Veit Co. $3,500.00 $21,419.00 $24,919.00 Bolander & Sons $3,825.00 $21,693.00 $25,518.00 Patrick Miller Construction $4,086.00 $24,657.98 $28,743.98 The above total bids are for the building demolition. In addition, the other demolition costs for properties are the utility disconnects, which includes street and curb restoration, which are done through a contract with the Public Works Department. The costs associated with the utility disconnects are estimated at $2,000 per home ($4,000 total). On average, the overall demolition costs for these properties will be approximately $9,500 each ($19,000 total), including the environmental survey. This per house demolition cost is the lowest since the program started. Staff Recommendation: Staff recommends issuing the demolition contract to TCM. Construction in the amount of $1.4,004 based on signing and meeting all of the requirements of the Work Agreement, as stated in the bid specification package. Recommended Motion: Move to approve the demolition contract for TCM Construction, in the amount of $14,004 for properties located at 4147-7`h Street and 4448 Quincy Street. COUNCIL ACTION: 53 CITY COUNCIL LETTER Meeting of September 28, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: September 23, 2009 DATE: Approve the attached list of rental housing license applications. They have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for September 28, 2009. COUNCIL ACTION: 54 List of 2009 Rental Licenses to Approve ccupany I.D. Property Qwner Name ?0387 Mounds Park Investment Partnership LLS 'roperty Address: 3726 3RD ST NE ?0420 Giese Roslyn Park, LLC 'roperty Address: 4701 5TH ST NE - 4703 NE 5TH ST ------------------------------------------------------------------------------------------------------- 30104-NC Cities Investment Group, LLC 'roperry Address: 4656 POLK ST NE - 4658 POLK ST NE ------------------------------------------------------------------------------------------------------- >0125 Lynde Investment Company, LLP 'roperty Address: 4425 UNIVERSITY AVE 10180 Lynde Investment Company, LLP roperty Address: 4715 UNIVERSITY AVE 2022 Caleb Buecksler roperty Address: 4442 TYLER PL NE - 4444 NE TYLER PL 2029 Kathryn Carstensen roperty Address: 4048 MADISON ST ------------------------------------------------------------------------------------------------------- 0393-NC Josh Chu roperty Address: 1008 GOULD AVE NE - 1010 Gould Avenue 2014 Aaron Holmbeck roperty Address: 4038 MADISON ST ----o--------------------------------------------------------------------------------------------------- 02503 Gal i ett LarJ~l ff ropertyAddress: 2226 HIGHLAND PL NE ------------------------------------------------------------------------------------------------------- .0301 Brian LeMon roperty Address: 4344 QUINCY ST - 4346 Quincy Street 0155 Melissa Leonard roperty Address: 3849 CENTRAL AVE NE ------------------------------------------------------------------------------------------------------ 0104-NC Todd McGrath roperty Address: 4656 POLK ST NE - 4658 POLK ST NE 0387 Lara Merrill roperty Address: 3726 3RD ST NE ------------------------------------------------------------------------------------------------------ 2147 Kathryn Morales ~operfy Address: 673 51ST AVE NE - 675 51st Avenue 3/25/2009 13:43 Page 1 List of 2009 Rental Licenses to Approve 3ccupany I.D. Property Owner Name 10298 Brian O'Connell Property Address: 4408 MONROE ST 20256 Candace Peickert-Arndt Property Address: 1415 PARKVIEW LN - 1417 NE PARKVIEW LN 20193 Jahn Richardson Property Address: 4639 WASHINGTON ST - 4641 NE Washington ST 10241 Jessica Saykally Property Address: 3962 5TH ST NE 20101 Nelia Schaff Property Address: 1203 CHEERY LN NE 10317 Dan Siegel Property Address: 5006 6TH ST NE 12145 Gary Stockwell Property Address: 683 51ST AVE NE - 681 NE 51st Avenue 20019 Thomas Therrien Property Address: 633 51ST AVE NE - 635 51st Avenue 20122 Jaesph Tohey Property Address: 840 50TH AVE NE - 842 50th Avenue 10'i 54 Terry van Atta Property Address: 4748 7TH ST NE )9/25/2009 13:43 Page 2 CITY COUNCIL LETTER Meeting of: September 28, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: 2010 Business License Fees BY: Shelley Hanson BY: NO: DATE: September 23, 2009 BACKGROUND Attached are the proposed business license fees for the 2010 license year and a resolution for the same. License fees were last adjusted in 2000, except for three categories (Contractors, Cigarettes, and Motor Vehicle Sales) that were increased in 2004. The fees charged are to cover time staff spends in reviewing, processing, and performing record checks, etc. The fees are in Line with surrounding communities. Staff has reviewed the fees for 201.0, and recommend they remain the same as the fees charged for 2009. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2009-147, as there are ample copies available to the public. RECOlb~€MENDED MOTION: Move to adopt Resolution #2009-147, being a Resolution adopting the 2010 Business License Fee Schedule as presented. COUNCIL ACTION: attachments: Resolution 2009-147 Fee schedule 55 RESOLUTION NO. #2009-147 ADOPTING 2010 BUSINESS LICENSE FEE SCHEDULE VdHEREAS: City Code of 2005, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 2010. Passed this day of , 2009. Offered by: Seconded by= Roll Call: Mayor Gary Peterson Patricia Muscovitz, CMC City Clerk 56 2010 BUSINESS LICENSE FEES Effective January 1 2010 through December 31, 2010. CATEGORY FEE5 Arcades/Amusement Centers ($5,000 Bond/$100 Inv.Fee) (PD) $500 Auto Recycling Dealer/Junk Yard $500 ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) On Sale ($ I SO Inv. Fee 1 st time appl.) $400 Off Sale ($150 Inv. Fee 1st time appl. $1.50 Temporary Beer (per day basis) $100 ($500 Appl. Fee; $150 Investigation Fee) Carnivals ($500 deposit & insurance) (PD) $50/day Christmas Tree Sales (FI) (P&Z Comm) $50 ($200 Clean-up Deposit} Cigarettes/Tobacco Sales-Access. Sales (PD) $300 Smoke Shop (PD} $300 Contractors (Bond and Insurance) $60 General (if not licensed by State) $60 Blacktop $60 Excavator $60 Masonry/Concrete $60 Moving $60 Demolition $60 Plaster/Stucco $60 Heating/Cooling $60 Gas Piping $60 Plumbing $60 Sign Installation $60 Courtesy Benches (Insurance)(Eng. Dept.) $25/each Games Of Skill (PD) $15/Location Plus $15/machine Kennels, Commercial (PD) $50 Plus, per cage $10 57 CATEGORY FEES Intoxicating Liquor Sales (PD, F1, BI) Class A (Inv. Fee $500-$2000) $8,000 Class B (Inv. Fee $500-$2000) $6,500 Class C (Inv. Fee $500-$2000) $6,500 Class D (Inv. Fee $500-$2000) $8,000 Class E (Inv. Fee $500-$2000) $5,500 On Sale Wine (Inv. Fee $500-$2000) $2,000 Sunday On-Sale Liquor $200 Temporary On Sale (Inv, Fee $500-$2000) $100/day °`Club On Sale Liquor (Inv. Fee$500-$2000) Per membership up to 200 members $ 300 201. to 500 members $ 500 501 to 1,000 members $ 650 1,OOI to 2,000 members $ 800 2,001 to 4,000 members $1,000 4,001 to 6,000 members $2,000 Over 6,000 members $3,000 Massage Therapist Business (PD,ZA) $500 ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA} $100 ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device $50 Each Add'L Metering Device $10 L.P. Gas Per Metering Device $50 Motor Vehicle Rental/Leasing (ZA) A. New Application $75 B. Renewal Application $50 Motor Vehicle Sales (New & Used) (PD) $300 Pawnbroker ($5,000 Bond/$100 Inv.Fee) (PD) $12,000 Pet Shop (PD)(Numane Officer) $50 Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 Popcorn, Candy, Food Catering Vehicles (PD) $50 (Insurance -Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant $300 58 Renewal CATEGORY Secondhand Merchant Business ($5,000 Bond) (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expos($5,000 Bond) First Day Each Additional Day Sexually Oriented/Adult Business (PD,FI,ZA,AC) (Investigation Fee $500-$ 10,000) Peddlers/Solicitors & Transient Merchant (PD) A. Itinerant Hawker/Peddler B. Transient Merchant Tree Removal & Treatment (Ins.) (PWD) $200 FEES $1.00 $50 $10 $10,000 $50/day; $1.00/mo.; $500/yr. $50/day; $100/mo.; $500/yr. $60 LATE PENALTY ON ALL ANNTJALLY RENEWABLE FEES 1 - 15 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 16-30 DAYS LATE 50% PENALTY OVER ORIGINAL FEE OVER 30 DAYS LATE LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE PD - Police Department FI - Fire Department BI - Building Inspector PWD - Public Works Dept ZA - Zoning Administrator AC - Anoka County All New Licenses Must Have Zoning_Administrator's Approval. 59 CITY COUNCIL LETTER Meeting o£ September 28, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: September 23, 2009 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the September 28, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMIt~NDED MOTION: Move to approve the items as listed on the business license agenda for September 28, 2009 as presented. COUNCIL ACTION: 60 TO CITY COUNCIL September 2$, 2009 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES 2009 BLDG *Complete Comfort Htg & AC 7610 Jasmine Ave S, Cott Grove $60 *Sabre Plumb & Htg 3062 Ranchview Ln, Plymouth $60 *G & H Heating 5511 Carlson Rd, Shoreview $60 Heins Plumbing 21124 Horseshoe Tr, Corcoran $60 *AM Plumbing 14965 209t" Ave NW, Elk River $60 *Nice Neat Plumbing LLC 2227 6`" St NE, Mpls $60 Wafi Construction 11215 Hanson Blvd, Coon Rapids $60 TEMPORARY LIQUOR LICENSE *Immaculate Conception 4030 Jackson St For November 14, 2009 $100 61 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: September 28. 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 check register covering Check Number 131819 through 132023 in the amount of $ 2.004,981.01 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and. are herby, recommended for payment. 62 vow ~~~~+•~ H C7 x~ o w ~ H p; ~ i~ W W ~ ~ x~ o ~ U ~ + H ~ -K °' a1 ~r ~ ~ * ~ ~ ~>+ ~ a~ ~ ~ U ?~ p o ~ ~ U 5 ~ ~ ~ * * H O p o o ~ ~ C a„-i ~ v1 N ~o H C7 C7 U ~ is .k .K M ~+ ~D ~ it N -.-f O ~ K L7 O a i~ # z N ~ # H M t~ ~o -~~~~~ H ~~~~~ ~~~~~~~~ a ~~~~~~ ~~~~~ ~a~~.~~~~ ~ ~ oooo~ v ~ z ~~ s~ ~ ~ ~ ~ ~ N *zzzz* o M ,~ •~ x + ~ *zzzz* ~ ,~ ~ o~ ~ ~ o x v ~' N ~ FC~KCFC* ~ ~ N '~ N w U ~ W W W W* N C ~ ~ ~ ~ ° ' '~ aaaa* o - ~ a ,~ ~ w ~~~~~~ ~, ~ w .a ~ ~ ~ W N ~ -x u ~ U o0 H cn <r ~ ~ + ~ .. .,~ F, N . a., m ' U .. 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A• a F U ~ I ~.' a fyO U W I wpFH - i i a i i i i W ~SU1U]a'3CIHC~aUH WGa iU7UUWU T HU ~ f.~ w ~-~ I U F(', H\ a Ca I L7UUIa , . l 0. ~Cp+[-i. a ~ x x i ~ x N U~\ ~ ~ I HrINO HOr-iN lOC~Ln 6~N NL(1 l~HHNd'61HHOLf1H <7+tf1 L~ OOOHHHMOOOOLfIO Nf~OD 00 WCO ~ (-i p ryi ~ W i ~ O UOl • I OOHd+ lOhh[ r r 'O lD l0 lO l0 C~t~~ W ~O~ ' ' ~ I H 0.1 Pa I 0.1 E'+ ,O A W C* I riNNN C V NNMMMMMMd d C CITY COUNCIL LETTER Meeting of September 28, 2009 AGENDA. SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: September 23, 2009 DATE: NO: 09-152 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2009-152 - 4149 Monroe Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-152 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-152 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: ~t RESOLUTION 2009-152 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 Fields (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4149 Monroe Street N.E. Columbia Heights, Minnesota, Whereas, pursuantto 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 September 2, 2009 of an public hearing to be held on September 28, 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 June 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 September 2, 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: 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 1. The rental license belonging to the License Holder described herein and identified by license number F9310 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 72 Offered by: Second by: Roll CaIL• Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 73 CITY COUNCIL LETTER Meeting of September 28, 2009 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: September 24, 2009 DATE: NO: 09-153 to 09-155 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2009-153 - 5038 Jefferson Street 2009-154 - 3957 Polk Street 2009-155 - 941 45t" Avenue for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-153, 154, at~d 155 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-153, 154, and 155 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. COUNCIL ACTION: 74 RESOLUTION 2009-153 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Silas Oliveira (Hereinafter "Owner of Record."). Whereas, the owner of record is the legal owner of the real property located at 5038 Jefferson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 9, 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 August 5, 2009 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 9, 2009 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3, That on September 18, 2009 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove stump next to driveway That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 50381efferson Street N.E. is in violation of the provisions ofthe Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 75 ORDER OF COUNCIL I , The property located at 5038 Jefferson Street N.E. constitutes a nuisance pursuant to City Code, 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2009 Offered by: Second by: RoII Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clem 76 RESOLUTION 2009-1.54 Resolution ofthe City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Leopoldo Viliasenor (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3957 Palk Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 14, 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 14, 2009 the Fire Department responded to a long grass complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property Iist. The Fire Chief ordered DuAII Services to responded to the scene and secure the building with plywood. 2. That on September 14, 2009 DuAll Services responeded to the address and secured. the building to prevent unauthorized access to the building. 3. "That on September 14, 2009 the Fire Department sent statement of cause to ali registered owners of the property at the addresses listed in the Anoka County Property Records database.. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wrt: A. Approve the immediate abatement of the hazardous situation located at 3957 Polk Street N,E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I . That the property located at 3957 Poik Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and. parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 77 ORDER OF COUNCIL 1. The property located at 3957 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2, That a copy of this order shall be served upon all relevant parties and parties in interest, Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk. 7a RESOLUTION 2009-155 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Cade, of the property owned by ERA Muske (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 941 45th Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 3, 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 July 30, 2009 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 3, 2009 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 21, 2009 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair garage door B. Shall replace missing storm windows C. Shall scrape and paint window trim 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 941 45th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3, That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and 79 completed. ORDER OF COUNCIL 1. The property located at 941 45`" Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this ,day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia 1V11.isCiovdtG. C1-viC City Clerk so CITY COUNCIL LETTER Meeting of: September 28, 2009 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approve acquisition of 4450 Van Buren BY: Sheila Cartney BY: Street DATE: September 22, 2009 Background: At the June 22, 2009 City Council meeting the City Council approved modifications to the C8 TIF district to create a scattered site district. The purpose of this district is to acquire and demolish the most blighted properties in the community that are currently for sale within the foreclosure market. As part of the project describe above the City is in negotiations to purchase property located at 4450 Van Buren Street for a maximum purchase price of $39,900, plus closing costs and demolition. The subject lot is 7,740 square feet with an existing two bedroom. single-family home that is 1,100 square feet, which was built in 1948. There is a detached garage on the property. The house has sever water damage. More than 100,000 gallons of water has gone through this house. There is a high content of mold, which prohibited staff from viewing the basement. All new electrical and plumbing is required. Plaster is falling from the ceiling, there are open wires, the floorboards are warped and need replacing, the deck is rotting, windows are broken and new water heater is needed as well as a furnace. This house is a prime candidate for demolition. Recommendation: Staff is continuing to negotiate the purchase of this property and recommends the Council approve this purchase up to $39,9000 (current listed price) Recommended Motion: Move to waive the reading of Resolution 2009- 151, there being ample amount of copies available to the public. Move to adopt Resolution 2009-1.51, approving the acquisition of property located. at 4450 Van Buren Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: 81 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION N0.2009-151 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4450 VAN BUREN STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with the Federal Home Loan Mortgage Corporation (the "Seller") dated as of July 1, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 4450 Van Buren Street Northeast and Legally described as follows: Lot 3, Block 10 Columbia Heights Annex, TOG/W N1/2 of Lot 4 SD Block, Subject to Easement of Record (the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assignment. 2.O1. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for cap to $39,900. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 82 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and. agreements necessary to effectuate such assignment. Passed this 13`'' day of July 2009 Offered by: Second bye Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk 2 83 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: September 28, 2009 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 2nd Reading of Ordinances 1570, being BY: Jeff Sargent, City Planner BY: a Municipal Code Amendment as it Relates to DATE: September 17, 2009 Smoke Shops BACKGROUND: At the September 14, 2009 City Council Meeting, the City Council was presented with three options pertaining to a proposed amendment to the Zoning and Municipal Codes regarding smoke shops. The City Council moved for the second reading of what was presented as Ordinance 1570 (Option 2), minus the additional square footage and number of customer criteria requirements as proposed by Staff. This option was the original recommendation of the Planning Commission to allow for sampling, while limiting the number of smoke shops allowed in the city to five (5). The City Council was also presented with Ordinance 1571, being an amendment to the Municipal Code that established the requirement for a smoke shop license. Other requirements related to the issuance of the smoke shop license were also part of this proposal. The City Council also moved for a second reading of this proposed ordinance change. At this time, the City Council is presented with the second reading of Ordinance 1570. For clarification purposes the originally proposed Ordinances 1570 and 1571 have been combined into one ordinance, namely 1570. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1570, being ample copies available to the public. Move to adopt Ordinance No. 1570, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1.570. Attachments: Draft Ordinance 1570 (2"`~ Readin Format), P+Z Re ort COUNCIL ACTION 84 ORDINANCE NO.1570 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF SMOKE SHOPS WITHIN THE CITY OF COLUMBIA HEIGHTS Section l: The City of Columbia Heights does ordain: Chapter 5, Article III, Section 5.302 of the Columbia Heights City Code, is proposed to include the following: § 5.302 DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or tobacco-related products for the purpose of testing a tobacco product prior to the sale of such product. SM08E SHOP. A retail establishment that has obtained an appropriate license, in which greater that ninety percent (90%) of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. Chapter 5, Article III, Section 5.303 of the Columbia Heights City Code, which currently reads to wit: § 5.303 LICENSE. (A) License T~equzred. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city. (B) Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the Clerk shall forward the application to the Police Department for a background and record check prior to formal review by the City Council. If the Clerk shall determine that an application is incomplete, he shall return the application to the applicant with notice of the information necessary to make the application complete. (C) Actr.°on. The City Council may either approve or deny the license, or it may delay action for such. reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the Clerk shall issue the 85 license to the applicants If the City Council denies the license, notice of the denial. shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. (D) Term. All licenses issued under this article shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (E) Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in § 5.313. (F) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Change of location or applicant will be required to be treated as a new applicant (G) Moveable place of business. No license shall. be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (H) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. (I) Renewals. The renewal of a license issued under this section shall be handled. in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. (J) Issuance as privilege and not a right. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Is thereby amended to read as follows: § 5.303 LICENSE. (A)License required. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city. (B) Smoke Shop License. No person shall operate a smoke shop without first having obtained a Smoke Shop License to do so from the city. At any given time, there shall be no more than five (5) Smoke Shops, all with appropriate licenses, throughout the city. Currently existing smoke shop establishments should be granted the first preference to renew their smoke shop license if they choose to do so. (C)Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed. application, the Clerk shall forward the application to the Police Department for a background. and record check prior to formal review by the City Council. If the Clerk shall determine 86 that an application is incomplete, he shall return the application to the applicant with notice of the information necessary to make the application complete. (D)Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with. notice of the applicant's right to appeal the City Council's decision. (E} Terra. All licenses issued under this article shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (F) Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in ~ 5.313. (G)Ti°ansfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Change of location or applicant will be required to be treated as a new applicant (H)Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (I) Dispkrv. All licenses shall be posted. and displayed in plain view of the general public on the licensed premise. (J) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. (K)Issuance as privilege and not a right. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (Ord. 1371, passed 5-11-98) l'e~~alty. sere ` ~.~13 Chapter 5, Article IIL, Section 5.309 of the Columbia Heights City Code, is thereby amended to include the following: § 5.309 LICENSE HOLDER RESPONSIBILITY. (A) [SECTION SHAL11 REMAIN UNCHANGED] (B)The smoke shop license holder shall be required to provide to the city a certified audit ensuring that greater than ninety percent (90%) of the business's gross revenue is derived from the sale 87 of tobacco, tobacco products or smoking relating accessories. The sale of samples shall not count towards the 90% criteria. (Ord. 1371., passed 5-11-9$) l~e~~alt~, see 4 5.313 Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to include the following: § 9.103 DEFIrIITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or tobacco-related products for the purpose of testing a tobacco product prior to the sale of such product. SMOKE SHOP. A retail establishment that has obtained. an appropriate license, in which greater that ninety percent (90%) of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. Chapter 9, Article I, Section 9.107 (C)(48) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.107 SPECIFIC DEVELOPIYZEIoTT STANDARIIS. (C) Speei~c development standaYCl's. The following uses are subject to specific development standards: (48) Smoke Shops. (a) The smoke shop must have an entrance door opening directly to the outdoors. (b) Greater that ninety percent (90%) of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. (c) A tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license shall not be considered a smoke shop. (d) Sampling of lighted tobacco products shall be limited to a designated. area within a smoke shop of no greater than 100 square feet in area. ss (e} No more than two (2) customers or potential. customers shall be allowed to sample tobacco at any given time. (f) The total number of City-issued Smoke Shop Licenses shall at no time exceed five (5)a (g} Any existing smoke shops at the time of the passage of this ordinance shall comply fully with the ordinance by December 31, 2010. Ezisting 9.107 (C)(48) shall be renumbered to 9.107 (C)(49) and existing 9.107 (C)(49) shall be renumbered to 9.107 (C)(50). Section 2e This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: September 14, 2009 Second Reading: September 28, 2009 Date of Passage: Offered. by: Seconded by: Roll Call:. Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 89 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-0903 DATE: September 1, 2009 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Smoke Shops PREPARED BY: Jeff Sargent, City Planner BACKGROUND On May 26, 2009, the City Council issued asix-month emergency moratorium on smoke shops within the City of Columbia Heights. Prior to the moratorium, the City of Columbia Heights had four (4) licensed smoke shops, one (1) pending application, and three (3} other applications for a smoke shop distributed but not yet formally applied for. This equaled 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 moratorium has given staff time to study the effects of multiple smoke shop uses within a small geographic commercial corridor. The State of Minnesota's Freedom to Breathe Act (FBA) was established to prohibit people from smoking inside buildings opened to the public. 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. The intent of this provision was to give patrons an opportunity to purchase the type of tobacco they desired, not to give smoke shops the discretion to operate a smoking parlor. City Staff feels strongly about preserving the intent of the Freedom to Breathe Act, which attempts to increase the quality of life and public welfare by banning smoking in public places. The Freedom to Breathe Act, however, does not implicitly define the term "sampling". For this reason, it becomes extremely difficult to enforce the FBA when smoke shops allow multiple patrons to "sample" tobacco products in their store for long periods of time. For this reason, staff recommends a zoning amendment that would prohibit the sampling of tobacco and/or tobacco-related products within smoke shops and other public buildings. City of Columbia Heights Planning Commission September 1, 2009 City of Columbia Heights, Smoke Shops Case # 2009-0903 The State's Clean Indoor Act at Section 144.417 Subd. 4 (a) allows Columbia Heights to enact and enforce more stringent measures to protect individuals from secondhand smoke. Staff will also recommend a Municipal Code amendment that would establish a new tobacco license specific to smoke shops, thus differentiating them from tobacco licenses given to gas stations, convenience stores, etc. The amendment would also limit the number of licenses issued in a year to smoke shops to five (5). Staff conducted a survey of 5 other cities to determine how many licenses each city has issued for smoke shop uses. A smoke shop is defined as a retail business in which no less than 90% of the retail sales derive from the sale of tobacco or tobacco related products. The results are as follows: City of Crystal : 1 City of New Hope: 1 City of Robbinsdale: 1 City of Fridley: 1 City of New Brighton: 0 Staff feels that allowing a high number of businesses that promote an unhealthy lifestyle usually evidences a less viable economic environment and is not conducive to a strong economic commercial future. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to enhance the economic viability of the community. The proposed amendment would be consistent with the Comprehensive Plan because limiting the number of smoke shop licenses would improve the economic viability of the City. An overarching goal of the Comprehensive Plan is to ensure the safety and welfare of the general public. By adhering the to intent of the Freedom to Breathe Act and by disallowing sampling or any type of smoking in a public building, compliance with the Comprehensive Plan will be met. ZONING ORDINANCE Currently, the Zoning Ordinance allows smoke shops as retail establishments in the LB, Limited Business, GB, General Business, and CBD, Central Business Districts as a permitted use. The proposed amendment would still allow for smoke shops as a permitted use in all commercial districts, however more specified regulations would be placed on smoke shops by subjecting them to some Specific Development Standards. These specific regulations include: (a) The smoke shop must have an entrance door opening directly to the outdoors. Page 2 91 City of Columbia Heights Planning Commission September 1, 2009 City of Columbia Heights, Smoke Shops Case # 2009-0903 (b) The primary revenue for the business is generated from the sale of tobacco, tobacco products or smoking related accessories. (c) A tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license shall not be considered a smoke shop. (d) Sampling of lighted tobacco products is prohibited at all times. (e} The total number of City-issued Smoke Shop Licenses shall at no time exceed five (5}. (f) Any existing smoke shops at the time of the passage of this ordinance shall comply fully with the ordinance by December 31, 2010. The intent of this ordinance is to ensure that at no point will there be more than five (5) smoke shop licenses issued throughout the City. The existing four smoke shops in the City at the time of the passage of this ordinance will be counted towards the five smoke shop maximum. FINDINGS OF FACT Section 8.104 (F} of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to enhance the economic viability of the community. The proposed amendment would be consistent with the Comprehensive Plan because limiting the ni!mber of smoke shop licenses would improve the economic viability of the City. An overarching goal of the Comprehensive Plan is to ensure the safety and welfare of the general public. By adhering the to intent of the Freedom to Breathe Act and by disallowing sampling or any type of smoking in a public building, compliance with the Comprehensive Plan will be met. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect all commercially zoned properties throughout the city and is not solely for the benefit of a single property owner. 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. Page 3 92 City of Columbia Heights Planning Commission September 1, 2009 City of Columbia Heights, Smoke Shops Case # 2009-0903 The amendment would not change the zoning classification of a particular 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. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance • Draft municipal ordinance Page 4 93 Minnesota Department of Health Fact Sheet August 2007 freedom to Breathe in Tobacco Products Shops How the Freedom to Br•eatlte Provisions apply to Tobacco Product Shops Background The Freedom to Breathe (FTB) p-•ovisions were signed into law by Govet•tlor "1'im Pawlenty on May 1 G, 2007, to protect employees ar~d the pubIie from the health hazards of secondhand smoke. The F"I"13 provisions arc an expansion of tlic ctn•rent Minnesota Clean Indoor Air Act (MC[AA); the new provisions become effective on October I, 2007. The FTB provisions describe where smoking is prohibited, outline the responsibilities of employers, managers and other persons in charge and list exemptions within the amended MCIAA that affect their facilities. This fact sheet explains how the new provisions of the law affect tobacco products shops. Permitted sampling of tobacco FTB provisions allow the lighting of tobacco within the indoor area of a tobacco products shop "by a customer or potential custornet• for the specific purpose of sampling tobacco ptoducts." ToE~acco produc#s shop defined All of the following criteria must be met for a retail establishment to allow lighting of tobacco for sampling purposes. • Tl~e retail establishment must have an entrance doot• opening directly to tl~e outdoors. * Greater than 90 percent oI' khe shop's grass revenue must be from the sale of tobacco, tobacco products ot• smoking related accessories. • "Tobacco Products Shop" does not mean a tobacco depat•ttncnt or section of any individual business establishment with any type of liquor, food or restaurant license. Sign posting requiremen#s If sampling of lighted tobacco products is permitted anywhere within the indoor area of a tobacco products shop, the proprietor or other pe-•son its chat•ge must past a sign on or i-nmediately inside of all shop entrances that states: "Smoking is prohibited, except in designated areas." Its addition, any locations within a tobacco products shop where sampling is allowed must be designated with signs that state: "Smoking permitted," the international smoking-permitted symbol, or both. Definition of f~indoor area" "Indoor Area" means all space between a floor and a ceiling dzat is bounded by walls, doorways, or windows, whether open or closed, covering more than SO percent oi'the combined surface area of the vertical planes [wall space] constituting the perimete-• of the area, whether temporary or permanent. A [standard] window screen is not considered a wall. Cfutdoor smoking The FTB provisions do not prohibit outdoor t. ~ ~ ~•~~ ~ S ~.; :iigtanr,P j=t•nrn bttilrlina smo..r.~g, ...gf,rdles f a openings such as doors, windows and ventilation intakes. Compliance and enforcement As part of the Minnesota Deparh~~ent of Health's (MDH) compliance strategy, emphasis will be placed on edctcating the public and business owners on the new provisions. MDH has compliance authority over the MCIAA and may delegate compliance activities to local units of government. MDH, a local board of health or any affected person can request a court o-•der directing a repeat MCIAA violator to stop. Minnesota Department of [-lealtlt P.O. Box 64975 St Pattl, MN 55164-0975 651-201-4601 mciaa cr,healih.state.nin.us 94 2007 Freedom to Breathe in Tobacco Products Strops -page 2 In addition to the compliance authority provided to MDI-I and local units of government, local law enforcement has the authority to issue petty misdemeanor citations to proprietors oc individuals who knowingly fail to comply with the MCIAA. Retaliation prohibited An employer, manager ot° other person in charge cannot fire, refuse to hire, penalize, discrunillate or t•etaliate against an employee, applicant, or customer who exercises any right to a smoke-free environment provided under` the MCIAA. Local government ordinances Local governments retain the authority to adopt and enforce more stringent measures to protect individuals from secondhand smoke. For more information Contact the Minnesota Depat`tment of I-Iealth to receive a copy of the MCIAA, or to receive additional educational materials please visit the MDH website at: vvwrv.hertlth.st~tte.n3u.uslfrccdomtobreathe IVIititZPCr~t~ ~t'I?£!t'tSlnc~ltt of Ftenlth P.O. Box 64975 St. Paul, MN 55164-0975 GS 1-201-4601 800-798-9050 (toll-ft•ee oiltside the metro area} 651-20I-5797 ("I'TY) InClaa Ct,llealtll.State.lull,ll5 Last updntcd 8(14(07 95 CLEAN INDOOR AIR ACT 144.411 CITATION. Sections 144.41 1 to 144.417 may be cited as the Minnesota Clean Indoor Air Act. History: 1975 c 211 s 1 144.412 PUBLIC POLICY. The pin•pase of sections 144.41 I to 144.417 is to protect employees and the general public from the hazards of secondhatnd smoke by eliminating smoking in public places, places of employment, public transportation, and at public meetings. I-Irstory: 1975 c 211.x• 2; 1987 c 399 s 1; 2007 c 82 .s 2 144.413 DEI'INTTIONS. Subdivision 1. Scope. As used in sections 144.41 1 to 144.416, the terms defined in this section have the meanings given them. Subd. I a. ludoor aeea. "Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or wtndows, whether open or closed, covering nnore than 50 percent of• tlne combined surface area of the vertical planes constituting tine perimetet• of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.01 I gauge window screen with an 18 by 16 mesh count is not a wall. Subd. 1 b, Placc Of Ct3IpIfl}'111E'.Ilt. "Place of employment" means any indoar area at which two ar rnot•e individuals perform any type of a service for consideration of payment under any type of contractual relatianslnip, including, but not limited to, an employment relationship with or for a private corporation, partnet•slnip, individual, or gavertunent agency. Place of employment includes any indaar area where two or more individuals gratuitously pet•farm services fot• which individuals arc ordinarily paid. A place of employment includes, but is not limited ta, public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, and rooms or areas containing photocopying eyuipment or atlner office eyuipment used in camnnon. Vehicles used in whole or in part for work purposes are places of employment during hours of operation if more than one person is present. An area in which wank is performed in a private residence is a place of employment during hours of operation if: (1) the homeowner uses the area exclusively and regularly as a principal place of business and has one oe more on-site employees; or (2) the homeowner uses the area exclusively and regularly as a place to meet ordeal with patients, clients, ot• customers in the normal course of the homeowner's trade or business. Subd. 2. Public place. "Public place" means any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bats; any otlnet• food or liquor establishment; retail stores and other commercial establishments; educational facilities other than public schools, as defined in section 120A OS subdivisions 9 t 1, subdivision i 3; hospitals; nursing homes; auditoriums; arenas; meeting rooms; and common areas of rental apartment buildings. MCIAA Page 1 of 5 96 Subd. 3. Public meeting. "Public meeting" includes all meetings open to the public pursuant to section 13D.01. Subd. 4. Smolcirtg. "Smoking" means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco ot• plant product. Smoking also includes cart•ying a lighted cigar, cigarette, pipe, or any othee lighted tobacco or plant product intended for inhalation. Subd. 5. Public tr~utsportatiott. "Public transportation" means public means of teansportation, including light and commuter rail transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and othct• for-hire vehicles other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals. History: 1975 c 211 s 3; 1992 c 576 s 1; 1994 c 520 s 1; 1998 c 397 art 11 s 3; 1999 c 245 art 2 .s 24; 2007 c 82 s 3-7 144.~141'120HIBITIONS. Subdivision l .Public places, places of employment, public transportation, and public mcetittgs. Smoking shall not be permitted in and no person shall smoke in a public place, at a public meeting, in a place of employment, or in public transportation, except as provided in this section or section 144.4167. St-bd. 2. Day care premises. Smoking is prohibited in a day care center licensed tinder Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its hours of operation. The proprietor of a family home or group f<unily day care provider must disclose to parents ot° guardia-~s of children cared for on the premises if the proprietor permits smoking outside oi' its fours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians. Subd. 3. Health cat°e facilities and clinics. (a) Smoking is prohibited in any area of a hospital, health care clinic, doctor's office, licensed residential facility fot• children, or other health care-related facility, except that a patient or resident in a nursing lioti,e, boa-°d'u~g care facility, or licensed residential facility for adults may smoke in a designated separate, enclosed room maintained in accordance with applicable state and federal laws. {b} Except as provided in section 246.0141, smoking by patients in a locked psychiatric unit may be allowed in a sepal°ated well-ventilated area in the unit tinder a policy established by the administrator of the progt•am that allows the treating physician to approve smoking if, in the opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with treatment outweigh the negative impacts of smoking. Subd. 4. Public transportation veltieles. Smoking is prohibited in public transportation vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is being used for personal use. l±or purposes of this subdivision, "personal use" means that the public teansportation vehicle is being used by the driver for private purposes and no for-litre passengers at°e present. If a driver smokes under this subdivision, the driver must post a conspicuous sign inside the vehicle to inform passengers. Histo-y: 1975 c 211 s 4; 1977 c 305 s 45; 1984 c 654 art 2 s 113; 1987 c 399 s 2; 1992 c 576 s 2; 1993 c 14 s 1; 1995 c IGS s 2; 1999 c 245 art 2 s 25; ISp2003 c 14 art 7 s 41; 2007 c 82 .s 8 MCIAA Page 2 of 5 97 144.415 [Repealed, 2007 c 82 s 15] 144.4IG 121/SPONSIBILITIES OF PROI'I2IETORS. (a} The proprietor or other pet•son, firm, limited liability company, corpot•ation, or other entity that owns, leases, manages, operates, at• otherwise controls the use of a public place, public transportation, place of'employtrtent, ar public meeting sllali make reasonable efforts to prevent smoking in the public place, public transportation, place of employment, or public meeting by: {1) pasting apptopriate signs or by any other means which may be appropriate; and (2) asking any person who smokes in an area where smoking is prohibited to refraitl fiatn smoking and, if the person does not refrain from smoking after being asked to clo so, asking the person to leave. If the pet°son refuses to leave, the proprietot•, person, or entity in charge shall handle the situation consistent with lawful methods for handlitlg other pet°sons acting in a disorderly manner or as a trespasser. {b} The proprietor at• other person or entity in charge of a public place, public meeting, public transportation, or place of employment must not provide smoking equipment, inchtding ashtrays or matches, in areas where smoking is prohibited. Tlothing in this section prohibits the proprietor ot• other person or entity in charge from taking more stringent measures than those under sections 144.414 to 144.417 to protect i-xiividuals froth secondhand smoke. TI1e proprietor or other person or entity in charge of a restaurant or bar may hat serve an individual who is in violation of sections 144.41 l to { 44.417. History: 1975 c 211 s G; 2087 c 82 s 9 144.4iG5 TOBACCO PRODUCTS I'ROHIBITI;D IN PUI3LIC SCHOOLS. No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco product in a public school, as defused in section 12011.05 subdtvtstatls 9 11 subdivision 13. Tl1is prollibitian extends to all facilities, whether owned, rented, ot• leased, and all vehicles that a school district owns, leases, rents, contracts for°, ot• controls. Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of a traditional (nelson spiritual or crtiturai ceretnar~y. l~or purposes of this section, at1 Indian is a person who is a tllembec of an Indian tribe as depned in section 260.755 subdivision 12. History: 1992 c 57G s 3,• 1993 c 224 art 9 s 42; 1996 c 412 art 13 s 30; 1998 c 397 art 11 s 3; 1999 c 139 art 4 s 2; 1999 c 245 crrt 2 s 2G 144.4167 I'I;RMITTCD SMOKING. Subdivision l .Scientific study participants. Sntolcing by participants i-1 peer reviewed scientific studies related to the health effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by the commissioner and is established by the administrator of the program to minimize exposure of nonsmokers to smoke. Subd. 2. Traditional Native American ceremonies. Sections 144.4 l4 to 144.417 do not prohibit smoking by a Native Atnericatl as part of a traditional Native American spiritual or cultural ceremony. Cot° purposes of this section, a Native American is a person who is a member of an Indian tribe as defined in section 260 7S5 subdivision 12. MCIA11 Page 3 of 5 98 Subd. 3. Private places. Except as provided in section 144.414. subdivision 2, nothing in sections 144.41 1 to 144.417 prohibits smoking in: (1) pI•ivate homes, private residetlces, or private automobiles when they are Itot in use as a place of employment, as defined in section 144 413 subdivision 1 b; ar (2} a hotel or motel sleeping room rented to one or more guests. Subd. 4. ToUaeco 1>rodttets sholt. Sections 144.414 to 144.417 da not prohibit the lighting of tobacco in a tobacco products shop By a customer or potential customer for the specific purpose of sampling tobacco products. For the purposes of this subdivision, a tobacco products shop is a retail establishment with all entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license. Subd. 5, Heavy commet•cial vehicles. Sections 144.414 to [ 44.417 do not prohibit smoking in the cabs of motor vehicles I•egistered under section 168.013 subdivision I e, with a total gross weight of 26,001 poulids or greater. Subd. 6. Farm vehicles and construction equipment. Sections 144,414 to f 44.417 cio not prohibit smoking in farm trucks, as defined in section 168.01 i subdivision 17; implements of Husbandry, as defined in section 168A.01, subdivision 8; and special mobile equipment, as defined in section E68.01 t subdivision 22. This subdivision applies to farm trucks, implements of husbandry, and special mobile equipment, when being used for their intended purposes. Subd. 7. Fa-nily farms. Sections 144.414 to 144.417 do not prohibit smoking in the house, garage, barns, and other Buildings on a f~unily farm that meet the following cI•iteria: (1) the family farm is engaged in farming, as defined in section 500.24 subdivision 2, paragtaplt {a}; {2} die family farm meets the definition of family farm under section 500.24 subdivision 2, paragraph (B}, {c), {l}, or (1}; and {3) the family farm etnplo}~s two or fewer persons who are not family members. Subd. 8. llisabled veterans rest camp. Sections 144.414 to 144.417 do not prohibit smoking in the disabled veterans rest camp located in Washington County, established as of']anuary 1, 2007. Subd. 9. Theatrical pt•oductios-s. Sections 144.414 to 144.417 do not prohibit smoking by actors and actt•esses as part of a theatrical performance conducted in compliance with section 366.01. Notice of smoking in a performance shall be given to theater patrons in advance and shall be included in performance programs. Histo-y: 2007 c S2 s 10 144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES. Subdivision 1. Rules. The state commissioner of health shall adopt roles necessary and reasonaBle to implement the provisions of sections 144.41 I to 144.417. Subd. 2. Violations. (a} Any proprietol•, person, or entity that owns, leases, manages, operates, or othel•wise controls the use of an area in which smoking is prohibited under secttons 144.414 to 144.417, and brit knowingly fails to eo-nply with sections 144.414 to 144.417, is guilty of a petty misdemeanor. MCIAA Fagc 4 of 5 99 (b) Any person who smokes in an area where smoking is prohibited or restricted under sections 144.414 to 144.417 is guilty of a petty misdemeanor. (c} A proprietor, person, or entity in charge of a pctblic place, public meeting, place of etnployrnent, ot° public transportation trtust not retaliate or take advet•se action against an employee ot• anyone else who, in good faith, reports a violation of sections 144.414 to 144.41'7 to the peoprietot• ot° person in charge of the public place, public meeting, place of employment, or public transportation, ot° to the eomtnissioner of health or other designee responsible for enforcing sections !44.414 to 144.417. {d} No person or employer shall dischatge, refuse to hire, penalize, discriminate against, or in any manner retaliate against any employee, applicant for employment, or customet° because the employee, applicant, or customer exercises any right to a smoke-free environment provided by sections 144.414 to 144.417 ot• other law. Subd. 3. Injunetiou. The state commissioner of health, a board of health as defined in section 14SA.()2 subdivision 2, or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of sections 144.414 to (44.417. Subd. 4. Local government ordirrauees. (a) Nothing in sections 144.414 to 144.417 prohibits tr statutory or Dome rule charter city or county li•om enacting and enforcing more stringent measures to protect individuals from secondhand smoke. (b) Except as provided itr sections 144.411 to 144.417, smoking is permitted outside of restaurants, bats, and bingo halls tu~less limited a• prohibited by restrietions adopted in accordance with paragraph (a). History: 1975 c 211 s 7; 1977 c 305 .r CIS; 1985 c 218 s 70; 1986 c ~l~l~; 1987 c 309 s 2~; 1992 c S76 s 9, 5; 1995 c 165 s 3; 2002 c 375 art 3 s 7; 2007 c 82 s 11 MCIAA Page S of 5 100 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 20387 Mounds Park Investment Partnership LLS Property Address: 3726 3RD ST NE 20420 Giese Roslyn Park, LLC Property Address: 4701 5TH ST NE - 4703 NE 5TH ST 30104-NC Cities Investment Group, LLC Property Address: 4656 POLK ST NE - 4658 POLK ST NE 30125 Lynde Investment Company, LLP Property Address: 4425 UNIVERSITY AVE 30180 Lynde Investment Company, LLP Property Address: 4715 UNIVERSITY AVE 12022 Caleb Buecksler Property Address: 4442 TYLER PL NE - 4444 NE TYLER PL 12029 Kathryn Carstensen Property Address: 4048 MADISON ST 20393-NC Josh Chu Property Address: 1008 GOULD AVE NE - 1010 Gould Avenue -------------------------------------------------------------------------------------------------------- 12014 Aaron Holmbeck Property Address: 4038 MADISON ST 10258 Garrett Larson Property Address: 2226 HIGHLAND PL NE 20301 Brian LeMon Property Address: 4344 QUINCY ST - 4346 Quincy Street 30155 Melissa Leonard Property Address: 3849 CENTRAL AVE NE 30104-NC Todd McGrath Property Address: 4656 POLK ST NE - 4658 POLK ST NE 20387 Lara Merrill Property Address: 3726 3RD ST NE 12147 Kathryn Morales Property Address: 673 51ST AVE NE - 675 51st Avenue 09/25/2009 13:43 Page 1 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 10298 Brian O'Connell Property Address: 4408 MONROE ST 20256 Candace Peickert-Arndt Property Address: 1415 PARKVIEW LN - 1417 NE PARKVIEW LN 20193 John Richardson Property Address: 4639 WASHINGTON ST -4641 NE Washington ST 10241 Jessica Saykally Property Address: 3962 5TH ST NE 20101 Nelia Schaff Property Address: 1203 CHEERY LN NE 10317 Dan Singel Property Address: 5006 6TH ST NE 12145 Gary Stockwell Property Address: 683 51ST AVE NE - 681 NE 51st Avenue 20019 Thomas Therrien Property Address: 633 51ST AVE N E - 635 51st Avenue 20122 Joesph Tohey Property Address: 840 50TH AVE NE - 842 50th Avenue 10154 Terry Van Atta Property Address: 4748 7TH ST NE 09/25/2009 13:43 Page 2 ~?ig INANCE N~. 1570 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF SMOKE SHOPS WITHIN THE CITY OF COLUMBIA HEIGHTS Sectian 1: The City of Columbia Heights does ordain: Chapter 5, Article III, Section 5.302 of the Columbia Heights City Code, is proposed to include the following: § 5.302 DEFINI'I'I®NS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their coznmonly accepted definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning, SAMPLING, TOBACCO. 71~e lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or tobacco-related products for the purpose of testing a tobacco product prior to the sale of such praduct. SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which greater that ninety percent (90%} of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. Chapter 5, Article III, Sectian 5.303 of the Columbia Heights City Code, which currently reads to wit: 5.303 LICENSE. (A}License r°equi~ed. No person shall. sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city. (B} APPlicatiol~s. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a fori~n provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the Clerk shall forward the application to the Police Department for a background and record check prior to formal review by the City Council if the Clerk shall cletertnine that an application is incomplete, he shall return the application to the applicant with notice of tl~e information necessary to make the application complete. (C} Actiof~. Tlie City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the Clerk shall issue the License to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. (D) Teem. All licenses issued under this article shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (E) Revocation ot~ suspensio~~~. Any license issued under this article may be revoked or suspended as provided u1 § 5.313. (F) Ti^ansfef°s. AlI licenses issued under dais article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Change of location or applicant will be required to be treated as a new applicant (G) MoveaUle dace of Uusiness. No license shall be issued to a moveable place of business. only fixed location businesses shall be eligible to be licensed under this article. (H) Display. A11 Licenses shall be posted and displayed i11 plain view of the general public on the licensed premise. (I) Renewals. The renewal of a License issued under this section shall be handled in the same malmer as the original application.. The request far a renewal shall be made at least 30 days but no mare than 60 days before the expiration of the current license. {J) Issuance cos pt°ivilege and not a f°ight. The issuance of a license issued under this article shall. be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to a1n automatic renewal of the license. is thereby amended to read as follows: § 5.303 L1s ~EI'dS>E. (A)License regz.~iNed. No person shall. sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city. (B) Srraoke Shop License. No person shall operate a snrolce shop without first having obtainned a Smoke Shop License to do so from the city. At any given time, there shall be no more than five (5} Smoke Shops, all wide appropriate licenses, dzroughout the city. Currently existing smoke shop establislunents should be granted the first preference to renew their smoke shop license if they choose to do so. (C) Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the Clerk shall forward the application to the Police Department far a background and record check prior to formal review by the City Council If the Clerk shall determine that an application is incomplete, he shall return the application to the applicant with natice of the information necessary to make the application complete. (D}Action. The City Catulcil may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the Cleric shall issue the license to the applicant If the City Council denies the license, notice of the denial shall be given to the applicant along with natice of the applicant's right to appeal the City Council's decision. (E) Term. All licenses issued under this article shall follow the calendar year with an expiratian date of December 31 of each year and are not pro-rated. (F} Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in § 5.313. (G}Transfers. All licenses issued under this article shall be valid only on the prenuses for which the license was issued and only for the person to whon2 the license was issued. Change of location ar applicant will be required to be treated as a new applicant (H}Moveable dace of~business. No License shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (I} Display. All licenses shall be pasted and displayed in plain view of the general public on the Licensed premise. (J) Renewals. The renewal of a license issued under this section shall be 1landled in the same mam7er as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiratian of the current license. (K)Issuance as privilege and not a right. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of tale applicant and shall not entitle the holder to an automatic renewal of the license. (Ord. 1371, passed 5-11-98) Penalt~see_ ~ 5313 Chapter 5, Article III, Section 5.309 of d1e Columbia Heights City Code, is thereby amended to include the fallowing: § x.309 L~CEl°dSE Ii®LI}EF~ I~EP®I~1S~13~>l,i'F4'. (A) [SECTION SHALL REMAIN UNCHANGED] (B) The smoke shop license holder shall be required to provide to the city a certified audit ensuring that greater than ninety percent (90%) of the business's gross revenue is derived from the sale of tobacco, tobacco products or smoking relating accessories. The sale of samples shall not count towards the 90% criteria. {Ord. 1.371, passed 5-11-98) Penalty, see § 5.313 Chapter 9, Article I, Section 9.1Q3 of the Columbia Heights City Cade, is thereby amended to Include the failawirig: ~ 9.103 ~3E1ii I1~lITIOI~dS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaiung. SA~IIPLING, TOB,4CC0. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or tobacco-related products for the purpose of testing a tobacco product prior to the sale of such product. SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which greater tl2at ninety percent (90%) of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. Chapter 9, Article I, Section 9.107 (C}(48) of the Columbia I~eights City Cade, is thereby amended to read as follows: ~ 9.107 S1'I~CIFIC I}>t+,~~1.~3PN1~I0~T S'1'AI~A S. (C} Specifrc develop~~zent standcz~~cls. The following uses are subject to specific development standards: (48) Sr~~oke Sliops. (a) The smoke shop must have an entrance door opening directly to the outdoors. (b) Greater that ninety percent (90%} of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. (c} A tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license shall not be considered a smoke shop. (d) The total number of City-issued Smoke Shop Licenses shall at no time exceed five (5). (e} Any existing smoke shops at the tune of tl~e passage of this ordinance shall comply fully with the ordinance by December 31, 2010. Existing 9.1.07 (C}(4~} snail be renumbered to 9.107 (C}(49} and existing 9.107 (C}(49) shall be renumbered to 9.107 (~}(~0). Se%tiern ~: This ordinance sba11 be in full force alyd effect from and after 30 days after its passage. First Reading: September 14, 2009 Second Reading: September 28, 2009 Date of Passage: Offered by: Seconded by: Roll Ca11: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE SEPTEMBER 28, 2009 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2009-153 being a Resolution of the City Council of the City of Columbia Heights declaring the property a nuisance and approving abatement of violations pursuant to City Code, Chapter 8, Article II, of the property owned by Silas Oliveira at 5038 Jefferson St N.E.