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HomeMy WebLinkAboutOctober 12, 2009 RegularCITY OF COLl1MBIA HEIGHTS Mavor Gary L. Peterson 590 40"' Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers Visit our website at: wrovw.ef.eolurnbia-hei¢hts.nrra.us Robert A. 61'i/liams Bruce Nawrocki Tanmrera Diehm Brace Kel~enberg City Manager 6Valter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 12, 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 Rev. Dan Thompson, Columbia Heights Assembly of God 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, GUESTS A. Proclamation -Polish Heritage Month p4 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the September 28, 2009 City Council meeting. p5 MOTION: Move to approve the minutes of the October 5, 2009 Project 0901 Special ply Assessment Hearing. MOTION: Move to approve the minutes of the October 5, 2009 Project 0902 Special pal Assessment Hearing. MOTION: Move to approve the minutes of the October 5, 2009 Delinquent Special Assessment Hearing. Tl7 4 B. Accept minutes of the Columbia Heights Boards and Commissions p3o MOTION: Move to accept the October 6, 2009 Planning and. Zoning Commission minutes. MOTION: Move to accept the August 25, 2009 EDA minutes. p4 0 C. Approve Transfer of Funds for DTF Overtime from General Fund to Police Dept.Bud~et to Reimburse Overtime Fund ps4 MOTION: Move to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the third quarter of 2009 from the General Fund to the Police Department 2009 Budget City Council. Agenda Monday, October 12, 2009 Page 2 of 3 line 1020, Overtime. D. Adopt Resolution No 2009-164 being a Resolution approving acquisition of 3853 3rd Street ps6 MOTION: Move to waive the reading of Resolution 2009-164, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-164, approving the acquisition of 3853 3rd Street. Furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. E. Adopt Resolution 2009-166 being_a Resolution far approval of a 4-foot width variance for the construction of a detached~ara~e at 3704 Tyler Street NE. MOTION: Move to waive the reading of Resolution 2009-166, there being ample copies p64 available to the public. MOTION: Move to adopt Resolution No. 2009-166, approving a 4-foot width variance for the construction of a new detached garage at 3704 Tyler Street, subject to the conditions outlined in Resolution No. 2009-166. F. Approval of the reissuance of the license to oRerate a rental unit(s) within the City of Columbia Heights at 4122 Madison Street N.E. p74 MOTION: Move to issue arental-housing License to Dave Nelson to operate the rental property located at 4122 Madison Street N.E. in that the provisions of the Property Maintenance Code have been met. G. Approval of the attached list of rental housing, license applications, in that they have met the requirements of the Property Maintenance Code. p75 MOTION: Move to approve the items listed for rental housing License applications for October 12, 2009. I-I. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 12, pia 2009 as presented. I. Approve Payment of Bills MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached p80 register covering Check Number 132024 through Check Number 132183 in the amount of $1,147,437.22. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A A a_._.. n _....~. - ~nnn i ci n~c ~ r,.c~c c~.. ~ i.r ~ ~nno t ~7 171 Q...7(1 ('' IA TA,- ~~0 089 t1, t1UUj)I I~GSVIl~t1V[IS GVV7-I V1 `tGJl JG[lerson ~,7tll.et ltl.L. LVVJ-1V/ /[./v-vv ~..iai/v avaruv~. Blvd being declarations of nuisance and abatement of violations within the City of Columbia Hei~hts• MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-161 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-161 and 2009-167, being resolutions of the City Council of the City of Columbia I-leights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. 2 City Council Agenda Monday, October 12, 2009 Page 3 of 3 B. Adopt Resolutions 2009-162, 3826 Buchanan_Street N.E and 2009-163 3732 3rd Street N.E. p94 being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-162, and 2009-163 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2009-162, and 2009-163 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. C, Adopt Resolution 2009-160 being a Resolution levying and adopting the assessment for alley p99 light area no. 677-43. MOTION: Move to close the public hearing and waive the reading of Resolution No. 2009-160, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-160, being a Resolution levying and adopting the assessment for alley light area no. 677-43. D. Adopt Resolution 2009-165 being a Resolution approving a Site Plan for shared parking at 4301 Central Avenue. pio4 MOT10N: Move to waive the reading of Resolution 2009-165, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-165, approving the shared parking arrangement between the property at 4301 Central Avenue and 431.5 Central Avenue, subject to the conditions outlined in Resolution No. 2009-165. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT Walter R. Fehst, City Manager wF/pvm ~ a1 E ~IS9t~k~k~k9lnk~tr**ikiF~C~llr~k~k~k~k~k~kilr~l~ir~kilril~ie~k~lk~k~lr~t ~tr~llnl~ilr~k~k9lr9lr~k~k~k~k~k~kink~k~llr~k~k~lrilt~k~k~trit~k~k~k~k~k~lie9lr~k*alriFylriF~kink~e~k~k~kllr ~k9lnkdlr~k~tr~lrieir*~kiFtk~kiF~k~kir~lr~kilr*ieief~k~Ikik~k~Y*tk~ttk~k~ktk~k~k9k*~k~kakieirink~lr~k*9t~k~k~k~k~lt~k~e9t9t~k~k~lnkir~tlFik~r~llr~k~k~e~k9t~k~lr~lr4r WHEREAS, October is Polish-American Heritage Month, a national celebration of Polish Heritage founded in Philadelphia, Pennsylvania in the year 1981 to bring attention to the contributions of Poles and Polish Americans to the United States and the Worid. WHEREAS, this year marks the 401 st anniversary of the arrival of the first Polish immigrants to America at Jamestown, VA on October 1, 1608 -- twelve years before the first pilgrims landed at Plymouth. WHEREAS, many residents of Columbia Heights take pride in their Polish heritage, culture and traditions. WHEREAS, our Columbia Heights, MN /Lomianki, Poland -Sister Cities, International, Committee is celebrating its 18th Anniversary actively promoting global, peaceful people-to-people relationships. WHEREAS, our bond of friendship with the Polish people has been strengthened when the Cities of Lomianki and Columbia Heights have exchanged nine of their youth for visits to each other's cities in the years 2008 and 2009 NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary L. Peterson, Mayor of the City of Columbia Heights, Minnesota, do hereby designate October 2009 as: POLISH AMERICAN HERITAGE MONTH in Columbia Heights, Minnesota. Mayor Gary L. Peterson 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 28, 2009 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. Resolutions and Ordinance may be found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Pastoral Minister Lorraine Mell, Immaculate Conception Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution 2009-153, in that the property has been brought into compliance, and item 6C -property acquisition. Nawrocki stated his assumption that there would be a "Council Corner" and requested to add the budget EDA change for the apartment development site, information on the Veolia contract, and newsletter costs. Nawrocki stated that Councilmember Diehm has been recognized as one of the top lawyers in the United States. Local residents that passed away this week were Bill Land and AI Martinson. Land was a City Councilmember for 12 years and Martinson was a local insurance agent. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation -October 2009 Domestic Violence Awareness Month Mayor Peterson read the proclamation. 5. CONSENT AGENDA Nawrocki requested to remove items D, I, and K. City Manager Walt Fehst took Council members through the consent agenda items A. Approve Minutes of the September 14, 2009 City Council meeting Motion to approve the minutes of the September 14, 2009 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the August 5, 2009 minutes of the Library Board. Motion to accept the June 24, 2009 minutes of the Park and Recreation Commission. ivYotion to accept the .August 20', 2v09 minutes of the Park and Recreaiioii Coii7iiiissiuti. C. Approve Gambling Permit for Immaculate Conception Church, November 14, 2009 Motion to direct the City Manager to forward a ]etter 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 Minutes Monday, September 28, 2009 Page2afl4 D. Adopt Resolution 2009-149, being a Resolution establishing amount of City share and amount of special assessments on proiects to be levied. -removed E. AdoRt Resolution 2009-148 approving Third Amendment to Amended and Restated Contract for Private Redevelopment - Huset Park Development Motion to waive reading of Resolution 2009-148, there being ample copies available to the public. Motion 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 grant Motion to waive the reading of Resolution 2009-150, there being ample copies available to the public. Motion to adopt Resolution 2009-150, authorizing submittal to the Metropolitan Council for a third extension. for demonstration Grant No. SG006-166 for the 47th and Central Avenue parking ramp. G. Demolition Bid for 4147 7th Street and 4448 Quinc~Street -Scattered Site Motion 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. Approval of the attached list of rental housing license applications Motion to approve the items listed for rental housing license applications for September 28, 2009 I. Approve the 2010 Business License Fees -removed J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 28, 2009 as presented. K. Approve Payment of Bilis -removed Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items with the exception of items D, I, & K. Upon vote: All ayes. Motion carried. D Adopt Resol'atzon 2009-149, bem~ a Resolution es±a~l.shzn~ amount of Ctty share and amount of special assessments on proiects to be levied. Nawrocki asked the cost comparison to the assessment hearing estimate. Fehst stated that all assessments are about 15 percent below the amounts presented. at the hearing. Nawrocki indicated that when a property becomes tax forfeit, the County cancels out any assessments against the property. There is a process to add them back if the property is sold. Fehst stated he would research this. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution No. 2009-149, there City Counci3 Minutes Monday, September 28, 2009 Page 3 of 14 being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm to adopt Resolution No. 2009-149 being a Resolution establishing amount of City share and amount of Special Assessments on Projects to be levied. Upon vote: All ayes. Motion carried. I. Approve the 2010 Business License Fees Nawrocki questioned what the existing fees are and where we are compared to other cities. Scott Clark, Community Development Director, indicated that the business license fees have not changed and staff will come back later with fee changes for permits. Nawrocki questioned why they need to be readopted each year. Clark stated this is a requirement. Nawrocki indicated what he paid for a permit and stated that permit fees should be looked at based. on increased construction costs. Clark stated we are only looking at changing the minimum fee. Motion by Nawrocki, second by Williams, to adopt Resolution 2009-147 being a Resolution adopting the 2010 Business License Fee Schedule as presented. Upon vote: A11 ayes. Motion carried. K. Payment of bills Nawrocki removed check 131970 to Bobby and Steve's Autoworld, as Williams is on the City COUTICtI. Motion by Nawrocki, second by Diehm, to approve check 131970. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Diehm, aye; Peterson, aye. All ayes. Motion carried. Motion by Nawrocki, second by Diehm, 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. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2009-152, 4149 Monroe Street N.E. being a Resolution approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman stated the request is for failure to submit rental license application, schedule an inspection, and failure to pay fees. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Number 2009-1.52 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Number 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. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2009-153, 5038 Jefferson Street N.E., 2009-154, 3957 Polk Street N.E., and 2009-155, 941 45th Avenue N.E. being, declarations of nuisance and abatement of violations within the City of Columbia Heights. City Council Minutes Monday, September 28, 2009 Page 4 of 14 Gorman stated that the 3957 Polk Street abatement was to board up the vacant home. 941 45th Avenue has three items to repair. Nawrocki questioned removal of the Jefferson item because the stump has not been removed. Gorman stated the property has been purchased and we will give the new owner time to remove the stump. Nawrocki stated that the alley between 45th and 46th needs to be cleaned up. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2009-154, and 155 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Numbers 2009-153, 154, 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. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2009-151 being a Resolution approving acquisition of 4450 Van Buren Street. - removed ITEMS FOR CONSIDERATION A, Other Ordinances and Resolutions Second. Reading of Ordinance 1570 being a Municipal Code Amendment as it relates to Smoke Shops Jeff Sargent, City Planner, stated this is the second reading of Ordinance 1570. He recapped the first reading. This Ordinance was the second option, plus the removal of the size restriction and number of people sampling. Sargent stated there was an error in the initial ordinance distributed for this meeting and indicated the corrected ordinance was handed out at this meeting. Ordinances 1 S70 and 1571 were combined, for clarification. Attorney Alex Bajwa, 3932 Longfellow Avenue Minnepolis, representing Hooka Kingdom and Hooka Paradise stated that he respectfully disagreed with the Freedom To Breath Act (FBA) and referenced local patchwork regulations added to the ordinance. He indicated sections of the FBA that were changed following the original passage, including State information relative to municipal acts. This does not include businesses that sell products other than tobacco products. He stated disagreement on information included in section 5.309 that was not included in the original ordinance. The original recommendation was to limit licenses to five businesses and follow the FBA, not to include an end of the year audit. There is no definition of sampling in the State law. There have been no complaints or violations of the FBA since these businesses opened. This addition would work to close these businesses. He referred to other businesses that are not so regulated.. People should be allowed to choose how to live their own lives. Putting theee bi~cineccec at rick to r.1nsP Cl(1P.C not make the comrn>>nity stronger. Diehm asked if the 90 percent requirement for tobacco sales would be a problem, and does more than l 0 percent of the sales come from sampling? Bajwa stated that some people just sample and some sample and buy, Diehm asked the percentage. Bajwa stated that these are new businesses and do not yet have that information. Diehm asked if she would be allowed to sample her purchase in the store. Bajwa stated yes, the sample typically costs $6 to $7 and the purchase of a box is $15 to $16 or enough for about two or three uses. Product can be purchased in larger amounts as well. City Council Minutes Monday, September 28, 2009 Page 5 of 14 Peterson stated the 90/10 percentage is something that has been agreed to, but questioned how that would be interpreted without an audit. Bajwa indicated that what is included in the audit is beyond the FBA requirements. Diehm questioned if the purchase of samples is credited to the product. Bajwa stated their concern is for the percentage requirement. He referred to the MN Department of Health, which considers a sample as a sale of tobacco. Diehm stated that the motion at the last meeting was not meant to prohibit sampling. She stated that the perception of the community is that the store is not to buy product, but to sample it at the store. Bajwa stated this is discussing hypothetical's and referred to the MN Department of Health model. We can not control the actions of customers and what they have tried before. Everything that can be sampled is for sale. Diehm questioned if the margin of profit is higher on samples than product, He stated that, per the State, that is still a sale of product. Diehm questioned without an audit, how can we be sure of the spirit of the intent? Bajwa stated that the State does not remove the sale of samples from product sales. Nawrocki asked what constitutes sampling and how long does it take. Bajwa stated. that has been discussed before. He referred to cigar or wine sampling. Nawrocki stated that wine sampling is not an on-going thing and is only a few sips. Nawrocki referred to smoking the entire sample at the store. Bajwa referred to liquor stores that have wine sampling in a social setting. Nawrocki asked how this is smoked. Bajwa described the Hooka. Nawrocki asked if people can buy a regular size produce and smoke it there. Bajwa stated they do not buy an entire box and smoke it there. Nawrocki question how we can allow people to smoke this in stores when we do not allow people to smoke cigarettes in stores. Peterson stated that a smoke shop stands on its own. Diehm indicated the issue seems to be if sampling constitutes more than 10 percent of proceeds. What is the procedure if a license holder does not meet the requirement? Jim Hoeft, City Attorney, referred to liquor licenses that sell under the required percentage. They have an audit requirement, with the first year used. as a base line. When a business did not meet the 60-40 split, they were given another year to work toward the correct split. It would come back to the Council for consideration. Diehm indicated that if they do not sell anything other than tobacco, the audit would only be because of the samples sold. Nawrocki referred to the initial liquor license requirements being changed, based on experience. Hoeft stated that no one has lost a liquor license because of sale percentages. Sargent stated there is a provision fora 13 month amortization allowing businesses to meet this requirement. This ordinance is not written specifically for these businesses referred to; we have two other stores that sell things other than tobacco products. Nawrocki asked Sargent how many licenses are allowed in Minneapolis and how they work. Sargent stated that Minneapolis and St. Paul have not further defined their smoke shop ordinaicccS. T her% iS a shop iii St. Paul beiiag iiiv'eStigated. After a a.it`y' advpt.i an ordinance they must follow that ordinance or they can only fall back on the FBA. We do not want smoking parlors. Nawrocki questioned if we are too easy on these shops, as other communities only have single stores of this type. Sargent stated we may attract these types of businesses due to demographics or available business space. Nawrocki stated that he received a call indicating "we should leave them alone". John Anderson, 5909 2°d Street, President of the Republican Party, indicated they stand in City Council Minutes Monday, September 28, 2009 Page 6 of 14 opposition of the Ordinance, as it stands in the way of commerce, attacks personal freedom and rights, and attacks certain cultures. Nawrocki asked if his people are against smoking in restaurants. Anderson stated their belief is that it is unconstitutional. Dan Thompson, Columbia Heights Pastor, voiced his support of the business owner. Mohamed Hassan has a great place for people to meet and. represents a diverse community. Even with tough economic times, he has brought people to our city. This requirement would challenge his business and could. endanger his lease. Thompson stated his support for Columbia Heights and the community's diversity. He stated his desire that the City continue to allow these businesses to operate. Mindy Bach, Pastor and 20 year resident of Columbia Heights, stated she is a patron of these establishments. She is now a friend of the owner. She stated that as a Christian she feels this brings cultures together and can change the face of who we are. With this, we have a microcosm of what peace could look like. She stated her believe that these two businesses have enriched her family. Her daughter is now studying in the east. Bach requested the City Council not place restrictions that would jeopardize these businesses. Hamguy Elsawef, member of the Governor's Council and resident, gave his background. He has observed. cultural diversity for over 30 years, and was not present to defend smoking/shops. He stated his honor to be invited to give one of the first Council meeting invocations in 2004. Elsawef indicated how these two businesses have enriched. our community. They have a restaurant and they are adding another one. They are doing well and bring people together. He has told them to abide by the regulations. When we get together, it is more than smoking a sample; it is a corning together, a coexistence. He stated his belief that this helps to reduce crime. Elsawef indicated his hope for this to become a model for the rest of the state. There is no alcohol or drugs allowed, as they are against our beliefs. Bajwa read a letter from Marie Porkonowski, President-elect of the MN PTA indicating her support of the owner and describing his help to children of the community. Mohamed. Hassan stated he has owned. the Cafe since 2006, and referred to when the smoking ban came in he carne to the city for help, opened a new store, received a license, entered a lease for seven years and then, after three months, received a letter from the city regarding changes. He stated that he has 1,000 signatures of support from customers in Minnesota and Wisconsin. He stated that he is now a United States citizen and making his dream come true. He does not want that jeopardized. Jessica Fine, Columbia Heights resident, stated that she is employed at Hooka Cafe and loves the job and relies on this to pay her bills. She stated "please don't do anything to shut us down." Olive Waswas gave the background on how the store came about and the discussion to establish a legal smoke shop. The Building Official laid out the rules. The goal was not the Hooka shop, but how to allow people to sample a flavored tobacco. Sampling is done because there are not yet enough customers to only have sales. This is all new. Give them time to build this new style of business. Debra Miller, 4130 Quincy, 17 year resident and patron of Yafa, indicated that restrictions may be a firture detriment to the business and that would be really sad. She stated that she moved here 10 City Council Minutes Monday, September 28, 2009 Page 7 of 14 for the community's diversity. Joel Hildon, 3932 Longfellow, Minneapolis, gave his history of visiting the shop and the character of the owner. He stated that he is now looking for a house here; Hooka Kingdom brought him to this community. He requested the City not establish an ordinance that would jeopardize this business. He questioned the rational of the percentage requirement. Scott Clark, Community Development Director, indicated his concern that if we do not set restrictions through licensing, any business could become a smoking lounge. Fehst indicated that the State does not remove sampling from the FBA. Sargent indicated that the State does not define sampling as part of the 90 percent requirement. We are saying that we want to remove sampling from that percentage. Peterson referred to the Planning and Zoning Commission recommendation to follow the FBA and go no further. Diehm stated that the FBA gives the city the right to add restrictions. They have no definition of sampling. People are purchasing and sampling in a smoke shop. The Police Department and Community Development Department asked us the definition of sampling. To define sampling we would have to put it in our City Code. We could initiate the ordinance and revisit this in one year to see if that percentage is applicable. We would not remove licenses. Peterson questioned if patrons pay for the sample. Bajwa indicated they do. Peterson stated if they pay, then it is a tobacco product. Mohamed described how the product is consumed. He stated his tobacco includes a sales tax. He indicated that sampling is necessary to show people how to do this, as it is not common here. Divy Goel, Target business executive, 111.7 Marquette Avenue, Minneapolis, spoke of how this brought him to this community and how he has friends that come all the way from Arkansas to visit this store. He indicated that he stands as a character witness for the owner. Laura Palmer, 1202 40t" Avenue, stated her support of this good establishment with valuable services and is concerned about their property rights. The 90-10 percent restriction is burdensome. She indicated the Council. should be cautious with adding regulations. Donna Schmitt, 4260 Tyler, member of the Planning and Zoning Commission, stated that the Commission moved to adopt the guidelines of the FBA and limit the licenses to five. They did not recommend any limit by the percentage of sales. The Commission understood that tobacco sales were to be 90 percent of sales as reported to the State. Peterson closed the discussion and stated that Mohamed does not lack for community support. Kelzenberg questioned eliminating the percentage. Peterson stated the recommendation is to iiiTiit iiCeiiScS tv i'vc and iviivw the FBA. Diel'~iii questioned req'tiirii'ig a;, accounti;,g report and see if they give it to us or suspect the State will define sampling and address it as an over site. Peterson referred to tobacco vs. tires; do we audit them? Diehm indicated that the FBA had loopholes when first enacted and questioned this as a poorly defined rule, but indicated she was not sure if we should be the ones to address this. A smoking lounge would be up to the State to define. Peterson stated that the FBA is a self governing thing; if you don't want to be in a smoke environment, you don't have go to in there. Kelzenberg stated that he is fine with the ordinance, if the percentages are eliminated. 11 City Council Minutes Monday, September 28, 2009 Page 8 of 14 Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1570, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Hoeft stated that the ordinance includes the 90 percent requirement and would need to be modified to remove the provision. Motion by Kelzenberg, second Diehm, 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. Williams questioned why we are limiting this to five licenses. Fehst stated that we limit the number of liquor stores. As for the regulation of percentages; let the State da the enforcement. Motion to amend by Kelzenberg to remove Section 5.309 Subsection B regarding the requirement for an audit. Second by Peterson. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, nay; Nawrocki, nay; Peterson, aye. 3ayes - 2 nays. Motion to amend carried. Nawrocki referred. to the Ordinance indicating the City Clerk as a male. Hoeft stated that change can be made administratively. Motion to amend by Nawrocki to reinsert from the original Ordinance the limit of 100 sq. ft. and no more than two people sampling at one time. Peterson called for a second. Motion died for lack of a second. Nawrocki stated that he understands the restrictions on smokers and keeping smoke out of places as a good thing. This is discriminatory against others that can not allow people to smoke in their shops. The revision and amendments are losing the good parts of the original ordinance. Peterson stated that it is not discriminatory as they can not serve food in their shop. Upon vote of the original motion as amended: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Manager (addressed at a later time) Report of the City Attorney -nothing to report CITIZENS FORUM Mayor Peterson stepped out of the room. Council President Diehm opened citizen forum. Donna Schmitt stated that Mr. Tim Utz was given letter indicating he was in violation of a parking ordinance, She listed other vehicle types in violation of this ordinance. She stated that Mr. Utz removed any campaign information from the bus, so it is now only a recreational vehicle. You should consider sending a letter of apology and stop this harassment. He was given permission to park his 12 City Council Minutes Monday, September 28, 2009 Page 9 of 14 bus on a private driveway, as the owner was not living there. Peterson stated this was brought about by neighbor complaints and it is a commercial weight. He did remove the signage. Hoeft asked Ms. Schmitt where her vehicle definition came from. She stated her husband. Hoeft stated that an enforcement officer has determined this to be a commercial vehicle and asked her if she has seen this letter. She indicated she had not. He cautioned her to obtain a copy of the letter before commenting to the Council. Fehst stated that Mr. Utz graciously agreed to remove the vehicle from the private driveway. We did receive complaints and we do enforcement based on complaints. We extended him allowance to park on 40t" Avenue. Deb Johnson, 4626 Pierce Street, questioned if the 3"~ Amendment extension would result in a loss of grant funding. Fehst stated no; the Met Council will be asked for an extension. With the lack of building because of the economy, others are in the same position as we are. Johnson questioned if Buffalo Wild Wings will build there, Fehst stated no, but there are others interested in the site. City Manager's report Nawrocki referred. to his failed motion to reduce the budget levy from 13.6 percent to 6 percent. He listed cities that are holding the line or will have tax decreases. He referred to Williams request for specific reductions. He was specific in reference to proposals for legal services and that we have three City Planners. He requested the City Manager come back with recommendations to accomplish the reduction of 13.6 to 6 percent or less. Fehst stated there are cities that have large increases due to the loss of State Aid. The City Council is determined to be free of state aid. Three percent of the levy has already been approved. This budget will begin the three year goal to be free of the need for State Aid. After that, if there are still State Aid funds, we could have dramatic decreases. Nawrocki stated that we must consider the ability of taxpayers to pay this. The public safety building is placed in the budget, but we went overboard on what we did there. We will need $750,000 a year for 20 years for principal and interest payments on the bonding. Nawrocki stated that at the K-mart development (Grand Central Lofts) the EDA considered a significant change in the development by allowing the developer to look at increasing the number of units, decreasing the size of the units, and making them rentals. Fehst stated that Dave Kloiber made a presentation for luxury apartments at about $130 per square foot, market rate, with no tax increment or tax credit requested. This would increase the market value of the property. They would match the condo exteriors. Nawrocki stated adding rental units would be downgrading what we are trying to do in the community. Fehst stated that these units would be luxury units and improve the community. Nawrocki stated. that we have received promises from developers before. Nawrocki requested that the next City newsletter include changes to the refuse hauling contract, more full information on the proposed budget and the date of the budget hearing. He questioned the legal notice for public facility maintenance. Fehst stated that is for the cleaning service. Nawrocki questioned when the tree at 47'/2 Avenue would be trimmed. Peterson stated it is on the trimming r...,a..t,, i.t,...,..,. t +_a L.' F 1 +;,.,, F„,.,+o,-+o~+',,,. +~,,.d~,-rl~ TvT r~,~L; jiitcuutc. ivawtuiJrii repeaLcu iris request >vr an exp[aLiaLiVll vi vvuwL woLtu~, ~LUiiuuiuo...aL'Javva. again requested information on Auto World's funding for park facilities. Nawrocki questioned east and west bound timing reduction of traffic lights along University and Central Avenues. Fehst stated that staff will check with MNDOT to see if changes have been made. Peterson stated that the statue fundraising pig roast was successful, taking in over $5,100. This Saturday, October 3, will be the dedication of our new Public Safety building, froth 12:00 p.m. to 5:00 p.m. Remarks will be given at 12:30 p.m. and the raffle will be held at 3:00 p.m. Everyone is welcome to come and tour the building. 13 City Council Minutes Monday, September 28, 2009 Page 10 of 14 Peterson stated '`Don't forget our service men and women. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:35 p.m. Patricia Muscovitz CMC City Clerk 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 August 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 shall 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. 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 PORTION TOTAL 2009 Street Rehabilitation and Alley Reconstruction Project 0902 $11.4,500. $283,300. $397,800. 2009 Street Rehabilitation and Alle 14 City Council Minutes Monday, September 28, 2009 Pa e 11 of 14 Reconstruction Project 0902 General, State Aid, and Utili Funds $180,500. - $180,500. Zone 1C and 3B Street Seal Coat, Project 0901 $ 66,500. $ 55,]00. $ 121,600. RESOLUTION 2009-150 RESOLUTION AUTHORIZING SUBMITAL TO THE METROPOLITAN COUNCIL FOR A THIRD EXTENSION FOR DEMONSTRATION GRANT NO. SG006-166 FOR THE 47TH AND CENTRAL PARILING 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`h 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 11,2009 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. The City strongly encourages the Metropolitan Council to grant a third time extension to allow development to occur in ZOl O with a final completion no later than 201 I 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, 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 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: 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. RESOLUTION 2009-154 15 City Council Minutes Monday, September 28, 2009 Page 12 of 14 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 Leopoldo Villasenor (Hereinafter °'Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 3957 Polk 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 list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on September 14, 2009 DuAll Services responded 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 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 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 1. That the property located at 3957 Polk 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 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. 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 Code, 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 45`h Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via 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 ~•ecords of the Fire Department, the following conditions and violations of City Codes(s) were 16 City Council Minutes Monday, September 28, 2009 Page 13 of 14 found to exist, to wit: Shall repair garage door, shall replace missing storm windows, 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 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 941 45`h 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. ®IiDn~a~NCE No. Is~o 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 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 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. 5.9~1PLING, TOB.9000. 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. SrtfOKE 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, is thereby amended to read as follows: § 5.303 LICENSE. (A) License t•equired. 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) .9pplication. 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. (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) Term. All licenses issued under this article shall follow the calendar year with an expiration date of December 31 of each. uaar and are not r~rn-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 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) 4loveable 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) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. (J} Reneti>>als. 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. 17 City Council Minutes Monday, September 28, 2009 Page 14 of 14 Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to include the following: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. S4RIPL/NG, 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. SNIOhE 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 DEVELOPMENT STANDARDS. (C) Specific development standa~~ds. 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 safe 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 ofCity-issued Smoke Shop Licenses shall at no time exceed five (5). (e) Any existing smoke shops at the time of the passage of this ordinance shall comply fully with the ordinance by December 31, 2010. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. 18 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL SPECIAL ASSESSMENT LEVY HEARING MONDAY, OCTOBER 5, 2009 - 6:00 P.M. RoII Call/Pledge of Alle ig'ance Present: Mayor Peterson, Councilmember Diehm, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Williams Resolution No. 2009-1.56 being a Resolution Levying and Adopting the Assessment for 2009 Zone 1 C and. 3B Seal Coat Improvements. Project 0901 a. Presentation by City Staff providing background information on the above mentioned improvement projects. Kevin Hansen, Public Works Director, stated there are three concurrent public hearings. This is for the 2009 seal coating. The project is done and we are on the third sweep of the material. The rates in the Resolution are the same as the original hearing at 7.5 percent. The recommendation is to stay 1.5 to 2% higher than we bonded. Our bonds average 4.5% and so we recommend an interest rate not lower than 6 percent. The assessment term is one year. Nawrocki questioned sweeping the rocks onto driveways. Hansen stated that has been addressed b. Questions/Comments from City Council and the Public. Nawrocki asked the interest rate on the bonds we finance this work with. Hansen stated that we do not bond for seal coating. They started at 4.05% with and average interest rate of 4.5%. Nawrocki felt that 5% would be enough. to charge. Hansen stated there are administrative costs. Nawrocki stated this is just a way to get more money from the good citizens of the community. These people also pay property taxes. c. Recommended Motions: Motion by Diehm, to close the Public Hearing, waive the reading of Resolution No. 2009-156, there being ample copies available to the public, and set the interest rate at 6%. Second by Kelzenberg. Motion to amend by Nawrocki to reduce the interest rate to 5%. Peterson called for a second to the motion. Motion to amend died for lack of a second. Vote on the original motion: Four ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-156 being a resolution levying and adopting the assessment for 2009 Zone 1 C and 3B Seal Coat improvements, project 0901. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Four ayes. Motion carried. Adjourn Mayor Peterson adjourned the meeting at 6:10 p.m. 19 Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-156 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR 2009 ZONE 1C AND 3B SEAL COAT IlVIPROVEMENTS, PROJECT 0901 Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 2009-Z1-O1-001 and 2009-Z3-01-001: Tyler Street from 45`h Avenue to 47`h Avenue, Polk Street from 45`h Avenue to 47`h Avenue, 46`h Avenue from Central Avenue to Taylor Street, Central Avenue Frontage Road from South of 50`h Avenue to 515` Court, 515` Court from Frontage Road to Central Avenue, North Upland Crest from Pennine Pass to Stinson Boulevard, Stinson Boulevard from 45`h Avenue to Cul-de-sac, Khyber Lane from Fillmore Street to Cul-de-sac, and adjoining streets or avenues all in Project 0901. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:00 o'clock p.m. on the 5`h day of October, 2009, in the City Council Chamber, 590 40`h Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "Seal Coat" numbered 2009-Z1-01-001 and 2009-Z3-O1-001, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll. was and is specially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amounts". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before November 4`h, 2009. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2010. The annual principal installments, together with 6% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of one year or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2009-Z1-O1-001, and 2009-Z3- v i -vv i, Project 0901. Section 5: 'This resolution shall take effect immediately upon its passage. 20 OFFICL4L PROCEEDINGS CITY OF COLUMBIA HEIGIITS CITY COUNCIL SPECIAL ASSESSMENT LEVY HEARING MONDAY, OCTOBER 5, 2009 - 6:20 P.M. Roll Call/Pledge of Alle ig ance Present: Mayor Peterson, Councilmember Kelzenberg, Councilmember Nawrocki, Councilmember Diehm Absent: Councilmember Williams 2. Resolution No. 2009-157 being a Resolution Lev~g and Adopting the Assessment for 2009 Zone 4 Street and Alley lmprovements, Project 0902 a. Presentation by City Staff providing background information on the above mentioned improvement project. Kevin Hanson, Public Works Director, stated the Zone 4 work included a full street reconstruction, some partial street repairs, and alley work. At the initial improvement hearing it was stated that costs would be based on actual construction costs, which are about 15% less than originally noticed. The second. resolution is for water main cleaning and lining, and curb stop or valve replacement. This work came in at 20% less than originally noticed. The assessment term for mill and overlay work is 10 years and full street reconstruction is 15 years. Assessments may be paid in full within 30 days without interest. Unpaid amounts will be assessed to the property beginning next year. b. Questions/Comments from City Council and the Public. Beverly Murphy, resident, stated she is pleased. with the job that was done and with the rate being charged. c. Motions: Motion by Diehm to close the Public Hearing, set the interest rate at 6%, and waive the reading of Resolution No. 2009-157, there being ample copies available to the public. Second by Kelzenberg. Motion to amend by Nawrocki to reduce the interest rate to 5%, based on the bonding interest rate. Peterson called for a second. Motion to amend died for lack of a second. Upon vote: Four ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-157, being a resolution levying and adopting the assessment for 2009 Zone 4 Street and Alley lmprovements, Project 0902. Upon vote: four ayes. Motion carried. Resolution No. 2009-158 being a Resolution to Certify Petition and Waiver Assessments Hansen stated this was for water main cleaning and. lining and for curb stop or valve replacement work completed, which came in 20% lower than anticipated. 21 Motion by Diehm to set the interest rate at 6% and to waive the reading of Resolution No, 2009-158, there being ample copies available to the public. Second by Kelzenberg, Upon vote: Four ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-158, being a resolution to certify 2009 petition and waiver assessments to Anoka County for collection with real estate taxes. Motion to amend by Nawrocki to reduce the interest rate from 6% to 5%. Peterson called for a second. Motion to amend died for lack of a second. Upon vote of the original motion: Four ayes. Motion carried. 4. Adjourn Peterson adjourned. the meeting at 6:28 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-157 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR 2009 ZONE 4 STREET AND ALLEY IlVH'ROVEMENTS, PROJECT 0902 Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 2009-Z4-02-001, 2009-Z4-44-001, 2009-Z4-50-002, and 2009-Z4-OS-001: Full Street Reconstruction on 5`" Street from 49`" Avenue to 50`" Avenue, Mill and Overlay on 7'" Street from 52"d Avenue to 53`d Avenue, 48`" Avenue from Jefferson Street to Monroe Street, 50`" Avenue from Jefferson Street to Monroe Street, and S 1S` Avenue from 6`" Street to 7`" Street, Water Service Exploration on 5`" Street from 48`" Avenue to 49`" Avenue, and Alley Reconstruction between Jackson Street and Central Avenue from 49`" Avenue to 50`" Avenue, and adjoining streets and avenues all in Project 0902 -Zone 4. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:20 o'clock p.m. on the 5`" day of October, 2009, in the City Council Chamber, 590 40`" Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "FUii Street Reconstruction" numbered 2009-Z4-02-v0i, "i~iii and Overiay" numbered 2009-Z4-44-001, "Water Service" numbered 2009-Z4-50-002, and "Alley, Asphalt" numbered 2009-Z4- OS-001, Project 0902, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amounts". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. 22 Section 3: That said assessments may be paid in part or in full without interest on or before November 4`h, 2009. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2010. The annual principal installments, together with 6% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of fifteen years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2009-Z4-02-001, 2009-24-44- 001, 2009-Z4-50-002, and 2009-Z4-OS-001, Project 0902. Section 5: This resolution shall take effect immediately upon its passage. RESOLUTION N0.2009-158 RESOLUTION TO CERTIFY 2009 PETITION AND WAIVER ASSESSMENTS TO ANOKA COUNTY FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public hearings and appeals as provided in Minnesota State Statute; and, WHEREAS, said improvements have been completed; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll for Petition and Waiver Construction Work known and described as "Petition/Waiver" numbered 2009-SP-31-001, a copy of which is attached hereto and made a part hereof. Section. 2: That said assessments may be paid in part or in full without interest on or before November 4`h, 2009. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2010. The annual principal installments, together with 6% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period often years. Section 3: This resolution shall take effect immediately upon its passage. 23 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL SPECIAL ASSESSMENT LEVY HEARING MONDAY, OCTOBER 5, 2009 - 6:40 P.M. Roll Call/Pledge of Alle i~ance Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Absent: Williams 2. Resolution No. 2009-159, being a Resolution to Adopt an Assessment Roll and Lever Special Assessment for Delinquent Accounts a. Presentation'r~y City Staff providing background infoi°motion on the above mentioned delinquent accounts. Joe Kloiber, Assistant Finance Director, stated this is the proposed assessment for delinquent past due accounts; limited to service determined by ordinance such as unpaid water bills, abatement of nuisance property, and tree removal. In 2006 there were only had about 70 items on the list and now, unfortunately, we have about 270 items on the list. This may be a hardship to residents, but it would be unfair to pass these costs on to other residents. Fehst asked if the majority of assessments are paid before they are attached to the property tax. Kloiber stated that it will be about six weeks before the county attaches them to the tax notice. Fehst asked to be notified of the number of people that pay their bill prior to sending the list to the County far assessment. Kloiber stated the administrative advantage in having the interest rates be the same for all projects. b. Questions/Comments from City Council and the Public. Nawrocki stated. this is a dramatic increase in the number of assessments and is a sign of the times we are in, as he pointed out when setting the property tax levy. He asked how many of these assessments are on foreclosed properties. Kloiber state that many of these are from foreclosures, looking at the numbers that are owned by banks; it may be half of the total assessments. Nawrocki stated that the County takes the local assessment charges off of the roles on foreclosures. Kloiber stated that is correct. The County maintains the information that the property had an assessment and that it has been removed. Their procedure is to notify any prospective buyer that the assessments have been taken off, but the local municipality has the right to add them back on. c. Recommended Motions: Motion by Diehm, to close the Public Hearing, modify the interest rate to 6%, and waive the reading of Resolution No. 2009-159, there being ample copies available to the public. Second. by Kelzenberg. Motion to amend by Nawrocki. to reduce the interest rate to 5% based on the City's cost to borrow the money. Peterson called for a second. Motion died for lack of a second. Upon vote of the original motion: Four ayes. Motion carried. 24 Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-159, being a resolution to adopt an assessment roll and levy a special assessment for delinquent accounts. Nawrocki referred to a letter from the owner of 4517 University, that was unable to be present. Fehst indicated the issue was the realtor did not complete an assessment search on the property. This person needs to contact their title company. Kloiber stated he spoke to the homeowner on the phone and responded in writing. The unique aspect of this was that the homeowner's title company had them sign a hold harmless agreement. Fehst stated that the properly is always responsibility for these assessments. Upon vote: Four ayes. Motion carried. 3. Adjourn Peterson adjourned the meeting at 6:47 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-159 ADOPT AN ASSESSMENT ROLL AND LEVY A SPECIAL ASSESSMENT FOR DELINQUENT ACCOUNTS WHEREAS, the services listed in the assessment roll below, numbered as Project 2009-MS-30-001, have been provided to and benefited the properties listed therein in the amounts listed therein; and, WHEREAS, the charges to said properties for said services are unpaid and delinquent; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:40 p.m. on the 5`'' day of October 2009 in the City Council Chamber 590 40`x' Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where al] persons interested could appear and be heard by the Council with respect to the benefits and cost of providing the services described below, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the assessment roll below known and described as "Assessment Roll for 2009 Delinquent Accounts", numbered as 2009-MS-30-001. Section 2. That this Council hereby finds and determines that each of the parcels of land enumerated in the assessment roll was and is especially benefited by the services provided. The Council further finds and determines that the proper cost of these services to be especially assessed against each parcel of land is the amount of unpaid delinquent charges for said services. Section 3. That said assessments may be paid in part or in full without interest on or before November 4`h, 2009. Section 4. Payments will be accepted at Columbia Heights City Hall, 590 40`h Avenue N.E. Columbia Heights, Minnesota, on or before November 14`h, 2009. Any amount unpaid after November 14`h, 2009, will be certified to the Anoka County Auditor for collection with the real estate taxes as a special assessment beginning with the taxes payable in the year 2010. The annual principal installments, together with 6% interest are due and payable with the real estate taxes for a period of one year or less. Section 5. This resolution shall take effect immediately upon passage. 25 Property Address PIN Amount Service Ref No. 1620 INNSBRUCK PKWY 25-30-24-13-0037 215.00 WATER SEWER, REFUSE 317-0035-00-01 2114 N UPLAND CREST 25-30-24-14-0026 1,515.50 STOP BOX REPAIR 3202 4937 W UPLAND CRST 25-30-24-14-0027 350.83 WATER, SEWER, REFUSE 315-0540-UO-OI 2132 FOREST DR NE 25-30-24-14-0049 1,135.67 WATER, SEWER, REFUSE 316-0540-00-01 4916 TYLER ST NE 25-30-24-23-0009 697.66 HAUL OUTSIDE STORAGE 2992 4916 TYLER ST NE 25-30-24-23-0009 1,338.50 WATER, SEWER REFUSE 211-0495-00-01 5025 CENTRAL AVE NE 25-30-24-23-0019 1,930.63 WATER. SEWER, REFUSE 215-0865-00-OI 1200 PIERCE TER NE 25-30-24-23-0054 14835 WATER, SEWER, REFUSE 212-0505-00-01 1490 LINCOLN TERRACE NE 25-30-24-24-0071 1,215.50 STOP BOX REPAIR 3199 5045 JOEINSON ST NE 25-30-24-24-0075 (,658.61 ABATE NUISANCE/HAZARD 3158 1143 KHYBER LN NE 25-30-24-32-0030 259.51 WATER SEWER, REFUSE 213-0295-00-01 1204 CHEERY LN NE 25-30-24-32-0046 429.48 WATER, SEWER, REFUSE 213-0390-00-04 1206 CHEERY LN NE 25-30-24-32-0046 142.59 WATER, SEWER, REFUSE 213-0395-00-02 1214 CHEERY LN NE 25-30-24-32-0047 269.14 WATER, SEWER, REFUSE 213-0400-00-07 1216 CHEERY LN NE 2,5-30-24-32-0047 561.35 WATER, SEWER, REFUSE 213-0405-00-02 4707 CENTRAL AWE NE 25-30-24-32-0074 250.86 WEED CUTTING 2914 4656-4658 FOLK ST NE 25-30-24-33-0022 368.63 ABATE NUISANCE/HAZARD 2945 4648 FOLK ST NE 25-30-24-33-0023 113.25 WEED CUTTING 3212 4648 FOLK ST NE 25-30-24-33-0023 1,208.58 WATER, SEWER, REFUSE 318-0540-00-01 4600-02 FOLK ST NE 25-30-24-33-0031 546.13 WATER SEWER, REFUSE 307-0005-00-04 4621 CENTRAL AVE NE 25-30-24-33-0049 1,769.50 STOP BOX REPAIR 3125 4621 CENTRAL AVE NE 25-30-24-33-0049 564.18 WATER. SEWER, REFUSE 215-0755-00-04 4546 FOLK ST NE 25-30-24-33-0069 282.61 HAUL STORAGE/WEED CUTTING 3039 4546 FOLK ST NE 25-30-24-33-0069 401.40 REMOVAL OF OUTSIDE STORAGE 3133 4544-4546 FILLMORE ST NE 25-30-24-33-0109 527.54 WEED CUTTING/ HAUL BRUSH 2908 4544 FILLMORE ST NE 25-30-24-33-0109 113.44 WEED CUTTING 3209 4544-46 FILLMORE ST NE 25-30-24-33-0109 1,185.69 WATER, SEWER, REFUSE 307-0330-00-OS 4506 FILLMORE ST NE 25-30-24-33-0114 138.78 WEED CUTTING 3077 4506 FILLMORE ST NE 25-30-24-33-0114 375.91 REMOVAL OF TRASH 3108 4506-4508 FILLMORE ST NE 25-30-24->3-0114 166.75 WEED CUTTING 3211. 4506-OS FILLMORE ST NE 25-30-24-33-0114 1,218.24 WATER, SEWER, REFUSE 307-0300-00-01 4618 FILLMORE ST NE 25-30-24-3 3-0132 30838 HAUL FURNITURE AND TRASH 2980 4618 FILLMORE ST NE 25-30-24-33-0132 977.71 REMOVAL OF STORAGE R TRASH 3161 4610-4612 FILLMORE ST NE 25-30-24-33-Oli3 662.98 HAUL BRUSH 3138 4641-4643 TAYLOR ST NE 25-30-24-33-0142 1,394.64 ABATE NUISANCE/HAZARD 2925 1401-1403 PARKVIEW LN NE 25-30-24-34-0014 138.78 WEED CUTTING 3084 1401 PARKVIEW LN NE 25-30-24-34-0014 388.66 DISPOSE OF DEBRIS 3114 1401 46TH AVE NE 25-30-24-34-0023 640.80 ABATE NUISANCE/HAZARD 3198 1401 46TH AVE NE 25-30-24-34-0023 233.79 WATER SEWER, REFUSE 306-0385-00-02 140746TH AVE NE 25-30-24-34-0024 100.53 WATER SEWER, REFUSE 306-0390-00-01 1303 45 1/2 AVE NE 25-30-24-34-0083 247.76 WATER, SEWER. REFUSE 306-0310-00-04 4515-4517 FILLMORE ST' NE 25-30-24-34-0099 392.53 HAUL OUTSIDE STORAGE 2911 4515-4517 FILLMORE ST NE 25-30-24-34-0099 138.78 WEED CUTTING 2960 4515-4517 FILLR9ORE ST NE 25-30-24-34-0099 1,192.59 HAUL TRASH & DEBRIS 3041 4509 FILLMORE ST NE 25-30-24-34-0100 535.17 WEED CUTTING/HAUL STORAGE 2953 4509-4511 FILLMORE ST NE 25-30-24-34-0100 1,675.50 STOP BOX REPAIR 3124 4509-4511 FILLMORE ST NE 25-30-24-34-0100 518.75 ABATE NUISANCE/EIAZARD 3149 4509-11 FILLMORE ST NE 25-30-24-34-0100 L472.53 WATER, SEWER, REFUSE 307-0470-00-01 1'> 1 S 45TH AVE NE ZS-30-24-34-01 13 34734 WATER, SEWER, REFUSE 306-0040-00-O1 2106 HIGHLAND PL NE 25-30-24-4I-0012 138.78 WEED CUTTING >O81 4660 HEIGHTS DR NE 25-30-24-41-0034 82.01 SHADE TREE REMOVAL 3051 4759 UPLAND CREST NE ZS-30-24-41-0097 467.60 WATER, SEWER, REFUSE 315-0210-00-01 1635 49TH AVE NE 25-30-24-42-0006 150,00 ABATE NUISANCE/EIAZARD 2989 5140 WASHINGTON ST NE 26-30-24-12-0017 187.94 WATER, SEWER, REFUSE 202-0267-00-OI 62151ST AVE NE 26-30?4-L-0053 138.78 WEED CUTTING 3006 5056 WASHINGTON ST NE 26-30-24-13-0008 663.54 WATER, SEWER, REFUSE 202-0200-00-02 4951 MADISON ST NE 26-30-24-13-0040 303.73 WATER SEWER, REFUSE 205-0345-00-04 5024 MADISON ST NE 26-30-24-13-0088 439.66 ESAUL OUTSIDE STORAGE 3172 5016 6TH ST NE 26-30-24-24-0039 138.78 WEED CUTTING 3085 5016 6TH ST NE 26-30-24-24-0039 350.40 REMOVAL OF TRASH 3115 5016 6TH ST NE 26-30-24-24-0039 20415 WATER SEWER, REFUSE 110-0510-00-01 5027 5TH ST NE 26-30-24-24-0050 143.13 WATER SEWER, REFUSE 108-0590-00-02 5057 UNIVERSITY AVE NE 26-30-24-24-0096 138.78 WEED CUTTING 2978 4932 4TH ST NE 26-30-24-24-0103 379.10 WATER, SEWER, REFUSE 106-0260-00-04 4928 4TH ST NE 26-30-24-24-0104 615.08 SHADE TREE REMOVAL 3052 4947 UNIVERSITY AVE NE 26-30-24-24-0116 570.07 WATER SEWER, REFUSE 104-0555-UO-OS nnnc cT~l. .~i~i NE ~~_:n,.?n_),~_nt67 727 1,1 \J~IGTFR CF_WFR RFFI tCF 108-06;5-QS)-O1 4643 6TH ST NE ~6 30-24-34-0003 425.07 HAUL BRUSH PILE 2927 4622-24 7TH ST NE 26-30-24-34-0012 377.83 WATER, SEWER, REFUSE 112-0060-00-04 4517 UNIVERSITY AVE NE 26-30-24-34-0069 147.72 WATER.. SEWER, REFUSE 104-0390-00-02 4600 4TH ST NE 26-30-24-34-0092 553.90 ABATE NUISANCE/HAZARD 3197 4632 4TH ST NE 26-30-24-34-0099 1,515.50 STOP BOX REPAIR 3128 4545 5TH. ST NE 26-30-24-34-0116 1,215.50 STOP BOX REPAIR 3146 4545 ST'H ST NE 26-30-24-34-01 I6 204.25 WATER SEWER REFUSE 108-0160-00-OS 26 Property Address PIN Amount Service Ref No. 4301 3RD ST NE UNIT 3 35-30-24-22-0147 135.83 WATER, SEWER, REFUSE 104-0103-00-07 4411 3RD ST NE 35-30-24-22-0149 758.03 SHADE TREE REMOVAL. 3054 4408 2 I/2 ST NF. 35-30-24-22-0156 172.71 WATER, SEWER, REFUSE 103-0383-00-01 4254 2ND ST NE 35-30-24-23-0002 333.97 REMOVE STORAGE & TRASH 3060 4237 2ND ST NE 35-30-24-23-0064 38527 ABATE NUISANCE/HAZARD 2972 4237 2ND ST NE 35-30-24-23-0064 204.25 WATER, SEWER, REFUSE 102-0715-00-O1 4255 3RD ST NE #i 35-30-24-23-0099 148.64 WATER, SEWER, REFUSE 104-0096-UO-07 4255 3RD ST NE #t 35-30-24-23-0099 117.96 WATER, SEWER, REFUSE 1.04-0096-00-08 4176 MAUREEN DR NE 35-30-24-23-0279 137.91 WATER, SEWER, REFUSE 104-0820-00-O1 4230 7TH ST NE 35-30-24-24-0061 1,515.50 STOP BOX REPAIR 3147 4118 7TH ST NE 35-30-24-24-0091 138.78 WEED CUTTING 2917 4118 7TH ST NE 35-30-24-24-0091 556.19 REMOVE SCRUB /WEED CUTTING 3027 4104 7TH ST NE 35-30-24-24-0094 1,215.50 STOP BOX REPAIR 3l I7 4114 6TH ST NE 35-30-24-24-0119 230.04 WATER, SEWER, REFUSE 109-U 195-00-02 4124 5TH ST NE 35-30-24-24-0144 28930 WATER, SEWER, REFUSE 107-0175-00-OS 4100 5TH ST NE 35-''+0-24-24-0150 329.76 WATER, SEWER, REFUSE 107-OI45-00-O1 4105 4TH ST NE 35-30-24-24-0152 720.39 REMOVAL OF TREE 3152 4006 4TH ST NE 35-30-24-31-0006 138.78 WEED CUTTING 2986 4017 4TH ST NE 35-30-24-31-0023 213.70 WATER, SEWER, REFUSE 105-0190-00-01 4048 6TH ST NE 35-30-24-31-0033 442.04 REMOVE SCRUB AND DEBRIS 3000 4039 5TH ST NE 35-30-24-31-DOSS 431.00 HAZARDOUS BUILDING COSTS 3170 4039 5TH ST NE 35-3U-24-31-OU55 437.73 WATER, SEWEK, KEFUSE 107-0290-00-OI 4D38 TCH ST NE 35-30-24-3t-0063 213.70 WATER, SEWER, REFUSE, iii-D20D-00-0I 800 SUMMIT ST NE 35-30-24-31-0095 138.78 WEED CUTTING 3008 4051 5TH ST NE 35-30-24-31-0170 138.78 WEED CUTTING 2928 4051 5TH ST NE 35>0-24-31-0170 1,068.68 REMOVE SCRUB/ DEBRIS 3044 4051 5TH ST NE 35-30-24-31-0170 154.79 WEED CUTTING 3086 4051 5TH ST NE 35-30-24-31-0170 350.40 REMOVE BRUSH & DEBRIS 3116 4051 5TH ST NE 's5-30-24-31-0170 204.25 WATER, SEWER, REFUSE 107-0280-00-OS 3909 2ND ST NE 35-30-24-32-0040 105.82 WATER. SEWER, REFUSE 102-0255-00-02 3938 2ND ST NE 35-30-24-32-0049 528.91 REMOVAL OF STORAGE 3135 39,7 MAIN ST NE 35-30-24-32-0062 784.50 ABATE NUISANCE/HAZARD 3188 4029 2ND ST NE 35-30-24-32-0084 486.87 REMOVE SCRUB/WEED CUTTING 2954 4029-4031 2ND ST NE 35-30-24-32-0084 898.69 HAUL OUTSIDE STORAGE 2994 4029 2ND ST NE 35-30-24-32-D084 138.78 WEED CUTTING 3069 4029-4031 2ND ST NE 35-30-24-32-0084 1,032.55 ABATE NUISANCE/HAZARD 3183 3930 UNIVERSITY AVE NE 35-30-24-32-0249 138.78 WEED CUTTING 2916 3930 UNIVERSITY AVE NE 35-30-24-32-0249 1,255.76 REMOVE SCRUB AND TRASH 2965 3930 UNIVERSITY AVE NE 35.30-24-32-0249 138.78 WEED CUTTING 3026 3930 UNIVERSITY AVE NE 35-30-24-32-0249 228.00 BOARD UP OPENINGS 3109 3930 t7NIVF_RSITY AVE NE 35-30-24-32-0249 634.77 ABATE NUISANCE/HAZARD 3192 3930 UNIVERSITY AVE NE 35-30-24-32-0249 273.50 WEED CUTTING 3213 3930llNIVERSITY AVE NE 35-30-24-32-0249 515.05 WATER, SEWER, REFUSE 113-0230-00-01 3861 EDGE;~4O0R PL NE 35-30-24-33-0002 474.82 WATER. SEWER, REFUSE 103-0480-00-01 3839 2ND ST NE 35-30-24-33-0032 293.47 WATER, SEWER, REFUSE 102-0295-00-01 3822-24 3RD ST NE 35-30-24-33-0062 106.33 WATER, SEWER, REFUSE 103-0565-00-O1 3717 2 1/2 ST NE 35-30-24-33-0109 790.30 HAUL BRUSH, DEBRIS & STORAGE 2935 3717 2 1/2 ST NE 35-30-24-33-0109 368.20 WATER, SEWER. REFUSE 103-0350-00-01 ;708 2 1/2 ST NE 35-30-24-33-0129 505.36 WATER, SEWER, REFUSE 103-0155-00-04 3733 MAIN ST NE 35-30-24-33-0161 516.72 WATER, SEWER, REFUSE 101-0210-00-O1 3853 3RD ST NE 35-30-24-33-0167 311.66 WATER, SEWER, REFUSE 103-0580-00-O1 3804 GAUVITTE ST NE 35-30-24-34-0044 167.09 WATER, SEWER, REFUSE 100-0123-00-O1 543 LOMIANhI LN NE 35-30-24-34-01 I2 60.57 WATER, SEWER, REFUSE 100-OIR9-00-O1 4030 CENTRAL AVE NE 35-30-24-41-0041 114.14 WATER, SEWER, REFUSE 215-0435-00-O1 3931 JACKSON ST NE 35-30-24-41-01D1 535.38 ABATE NUISANCE/HAZARD 2981 3975 JACKSON ST NE 35-30-24-41-01 I 1 785.85 ABATE NUISANCE/HAZARD 2988 3975 JACKSON ST NE 35-30-24-41-011 I 459.96 WATER, SEWER, REFUSE 208-0680-00-03 834 40TH AVE NE 35-30-24-41-0113 153.91 WATER, SEWER, REFUSE 318-OISU-00-03 3957 QUINCY ST NE 35-30-24-41-0131 164.02 WATER, SEWER, REFUSE 207-0600-00-O1 585 40TH AVE NE 35-30-24-42-001 I 10836 WATER, SEWER, REFUSE 318-0075-00-02 4052 JEFFERSON ST NE 35-30-24-42-0023 218.87 WATER, SEWER, REFUSE 202-0450-00-01 4029 WASHINGTON ST NE 35-30-24-42-0039 345.89 WATER, SEWER, REFUSE 201-GIGS-00-U1 4017 MADISON ST NE 35-30-24-42-0083 699.50 SHADE TREE REMOVAL 3080 666 40TH AVE NE 35-30-24-42-0099 175.84 WATER, SEWER, REFUSE 318-0145-00-01 573 37TH AVENUE NE 35-30-24-43-0029 1 38.78 WEED CUTTING 2912 573 37TH AVENUE NE 35-3U-24-43-0029 488.76 HAUL STORAGE/ WEED CUTTING 3017 563 38TH AVE NE 35-30-24-43-0063 1,081 ?4 WATER, SEWER, REFUSE- - - - -- 114-u I1u-uu-us 3906 VAN BUREN S'C NE 35-30-24-44-0015 138.78 WEED CUTTING 3073 3850 QU[NC1' ST NE 35-30-24-44-0027 627.14 SHADE TREE REMOVAL 3019 3820 JACKSON ST NE 35-30-24-44-0044 113.25 WEED CUTTING 3220 3844 VAN Bt1REN ST NE 35-30-24-44-0075 138.78 WEED CUTTING 3065 3844 VAN BUREN ST NE 35-30-24-44-OD75 138.78 WEED CUTTING 3096 3723 JACKSON ST NE >5-30-24-44-0095 I?3QR1 WATER, SEWER, REFUSE 208-0585-00-01 27 Property Address PIN Amount Service Ref No. 681 47TI[ AVE NE 26-30-24-42-0030 321.13 HAUL TRASH, YARD WASTE 2956 681 47TH AVE NE 26-30-34-42-0030 L38.78 WEED CUTTING 2995 681 47TH AVE NE 26-30-24-42-0030 1,215.50 STOP BOX REPAIR 3103 681 47TH AVE NE 26-30-24-42-0030 455.83 WATER, SEWER, REFUSE 206-0495-00-02 4841 MADISON ST NE 26-30-24-42-0060 244.66 ABATE NUISANCE/HAZARD 3196 4801 JEFFERSON ST NE 26-30-24-42-0099 73.83 WATER, SEWER, REFUSE 203-0690-00-O1 4504 MONROE ST NE 26-30-24-43-0007 3,451.83 HAUL BRUSH, GARBAGE & TREE 2909 4533 MADISON ST NE 26-30-24-43-0016 237.32 WATER, SEWER, REFUSE 205-0125-00-07 4533 MADISON ST NE 26-30-24-43-0016 32.51 WATER, SEWER, REFUSE 205-0125-00-08 4502 WASHINGTON ST NF. 26-30-24-43-0074 85531 REMOVAL OF SCRUB GROWTH 3134 4556 MADISON ST NE 26-30-24-43-0093 221.56 WATER, SEWER, REFUSE 215-0065-00-04 4654-4656 WASHINGTON ST NE 26-30-24-43-0111 150.00 HAUL OUTSIDE STORAGE 3D32 4650 WASHINGTON ST NE 26-30-24-43-O1 l2 1,215.50 STOP BOX REPAIR 3132 4639-4641 WASHINGTON ST NE 26-30-24-43-0121 46531 REMOVAL OF SCRUB GROWTH 303$ 4639 JEFFERSON ST NE 26-30-24-43-0127 124.07 WATER, SEWER, REFUSE 203-0430-00-01 4600 JEFFERSON ST NE 26-30-24-43-0]65 441.83 SHADE TREE REMOVAL 3035 4042 MAIN ST NE 34-30-24-41-0004 271.62 WATER, SEWER, REFUSE 101-0480-00-09 3706 MAIN ST NE 34-30-24-44-0011 157.72 WATER, SEWER, REFUSE 101-0035-00-01 4450 VAN BUREN ST NE 35-30-24-11-0024 1,110.87 WATER, SEWER, REFUSE 210-0215-00-O1 4424 VAN BUREN ST NE 35-30-24-11-0028 1,865.25 ABATE NUISANCE/HAZARD 2970 4429 QUINCY ST NE 35-30-24-11-0058 586.98 SHADE TREE REMOVAL 3082 4420 MONROE ST NE 35-30-24-12-0009 78.30 WATER, SEWER, REFUSE 206-0243-00-03 4431 MADISON ST NE 35-30-24-12-0021 138.78 WEED CUTTING 3072 4431 MADISON ST NE 35-30-24-12-0021 488.14 WATER, SEWER, REFUSE 205-0195-00-03 4420 JEFFERSON ST NE 35-30-24-12-0058 138.78 WEED CUTTING 2943 4403 7TH ST NE 35-30-24-12-0087 138.78 WEED CUTTING 2938 4403 7TH ST NE 35-30-24-12-0087 154.79 WEED CUTTING 3089 4326-4332 MONROE ST NE 's5-30-24-12-0103 140.06 WEED CUT"PING 3193 4326 MONROE ST NE 35-30-24-12-0103 206.63 WATER, SEWER, REFUSE 206-0080-00-07 4332 MONROE ST NE 35-30-24-12-0103 275.69 WATER, SEWER, REFUSE 206-0085-DO-10 4341 MADISON ST NE 35-30-24-12-0123 149.64 WATER, SEWER, REFUSE 204-0595-00-OS 4341 MADISON ST NE 35-30-24-12-0123 44.74 WATER, SEWER, REFUSE 204-0595-00-06 4318 JEFFERSON ST NE 35-30-24-12-0181 216?5 WATER, SEWER.. REFUSE 203-0025-00-01 4310 WASHINGTON ST NE 35-30-24-12-0204 478.00 HAUL TRASH/YARD WASTE 2963 4355 MADISON ST NE 35-30-24-12-0221 670.60 HAUL TRASH AND STORAGE 2962 4252 WASHINGTON ST NE 35-30-24-]3-0002 218.25 SHADE TREE REMOVAL 3179 4240 JEFFERSON ST NE 35-30-24-13-0030 110.55 WATER, SEWER, REFUSE 202-0600-00-DI 4208 MADISON ST NE 35-30-24-13-0061 702.42 WATER, SEWER, REFUSE 204-0470-00-04 4200 MADISON ST NE 35-30-24-13-0062 1,215.50 STOP BOX REPAIR 3100 4205 JEFFERSON ST NE 35-30-24-li-0064 30838 HAUL OUTSIDE STORAGE 2977 4251 JEFFERSON ST NE 35-30-24-I3-0073 65.64 WATER, SEWER, REFUSE 202-0625-00-01 4240 MONROE ST NE 35-30-24-t3-0079 139.12 WATER, SEWER, REFUSE 206-0040-00-03 4222 MONROE ST NE 35-30-24-U"-0083 137.81 WATER, SEWER, REFUSE 206-0020-OD-03 4257 MADISON ST NE 35-30-24-13-0099 246.15 SHADE TREE REMOVAL 3095 4100 MADISON ST NE 35-30-24-13-0136 154.95 WATER, SEWER, REFUSE 204-0285-00-O1 4121 JEFFERSON ST NF. 35-30-24-13-0142 111.82 WATER, SEWER, REFUSE 202-0715-00-03 4135 JEFFERSON ST NE 35-30-24-13-0145 574.80 REMOVE STORAGE & TRASH 3166 4135 JEFFERSON ST NE 35-30-24-13-0145 651.92 WATER, SEWER, REFUSE 202-0700-00-01 4143 7TH ST NE 35-30-24-13-0190 1,326.75 WATER, SEWER, REFUSE i I1-0315-00-OI 4149 7TH ST NE 35-30-24-13-0192 138.78 WEED CUTTING 2952 4149 7TH ST NE 35-30-24-13-0192 1,215.50 STOP BOX REPAIR 3123 4201 QUINCY ST NE 35-30-24-14-0037 117.57 WATER, SEWER. REFUSE 208-0185-00-03 4243 QUINCY ST NE 35-30-24-14-0047 426.91 REMOVE TRASFI 3177 4243 QUINCY ST NE 35-30-24-14-0047 232.86 WATER, SEWER, REFUSE 208-0135-00-01 4225 JACKSON ST NE 35-30-24-14-0066 127.48 WATER, SEWER, REFUSE 209-0125-00-O1 4138 QUINCY ST NE 35-30-24-14-0121 601.93 WATER., SEWER, REFUSE 208-D040-00-04 4421 5TH ST NE 35-30-24-21-0044 204.25 WATER, SEWER, REFUSE 107-0690-00-02 4429 5TH ST NE 35-30-24-2L0046 200.53 WATER, SEWER, REFUSE 107-0680-00-O1 4308 5TH ST NE 35-30-24-21-0132 863.58 WATER, SEWER, REFUSE 107-0395-00-04 4305 UNIVERSITY AVE NE 35-30-24-21-0203 36.86 WATER, SEWER, REFUSE 1D4-0312-00-01 315 44TH AVE NE #3 35-30-24-2L0216 103?1 WATER, SEWER, REFUSE 104-0349-00-06 315 44TH AVE NE #4 35-30-24-21-0216 100.00 WATER, SEWER, REFUSE 104-0350-00-07 4417 UNIVERSTY AVE NE 35-30-24-2I-0217 103.46 WATER, SEWER, REFUSE 104-0337-00-O1 4417 UNIVERSTY AVE NE 35-30-24-21-0217 148.40 WATER SEWER, REFUSE 104-0341-00-07 4417 UNIVERSTY AVE NE 35-30-24-21-0217 134.03 WATER, SEWER, REFUSE 104-0343-00-03 4321 5TH ST NE 35-30-24-21-0225 277.99 WATER, SEWER, REFUSE 107-0490-00-02 4420 3RD ST NE 35-30-24-22-0032 251.83 WATER, SEWER, REFUSE 104-U 140-00-OS 4457 2 1/2 ST NE 35-30-24-22-0044 117.04 WATER, SEWER, REFUSE 103-0440-00-01 4344 2ND ST NE 35-30-24-22-0098 34.37 WATER, SEWER, REFUSE 102-0625-00-06 4338 2ND ST NE 35-30-24-22-0100 287.60 WATER, SEWER, REFUSE 102-O6I5-00-03 4327 MAIN ST NE 35-30-24-22-0112 244.56 SFIADE TREE REMOVAL 2998 2:D 14TN 4 VF NF ;5-30_24_22_D129 1__21 5.50 STOP BOX REPAIR 3141 4301 3RD ST NE UN11' 2 35-30-24-22-0147 70.64 WATER, SEWER, REFUSE 104-0102-00-14 4301 3RD ST NE UNIT 3 35-30-24-22-0147 190.64 WATER, SEWER, REFUSE 104-0103-00-06 28 Property Address PIN Amount Service Ref No. 3700 CENTRAL AVE NE 35-30-24-44-0121 189.57 WATER, SEWER, REFUSE 215-0220-00-01 3801 VAN BUREN ST NE 35-30-24-44-0129 1,014.20 WATER, SEWER, REFUSE 215-0195-00-O1 4359 ARTHUR ST NE 36-30-24-11-0060 1,215.50 STOP BOX REPAIR 31.26 4359 ARTHUR ST NE 36-30-24-11-0060 787.99 ABATE NUISANCE/HAZARD 3153 4359 ARTHUR ST NE 36-30-24-I 1-0060 39926 WATER, SEWER, REFUSE 313-0355-00-01 4253 RESERVOIR BLVD NE 36-30-24-13-0044 422. L1 SHADE TREE REMOVAL 3064 4236 CLEVELAND ST' NE 36-30-24-14-0012 623.49 SHADE TREE REMOVAL 3030 1140-42 45TH AVE NE 36-30-24-22-0001 1,685.44 WATER, SEWER, REFUSE 305-0660-00-O1 1 L4-1126 45TH AVE NE 36-30-24-22-0006 166.50 WEED CUTTING 3191 1124-26 45TH AVE NE 36-30-24-22-0006 1,403.76 WATER, SEWER, REFUSE 305-0650-00-O1 4305 CENTRAL AVE NE 36-30-24-22-0114 1,967.47 HAUL DEBRIS & DIRT 2910 956 43 1/2 AVE NE 36-30-24-22-0118 531.87 SHADE TREE REMOVAL 3016 955 43RD AVE NE 36-30-24-22-0119 134.45 WATER, SEWER, REFUSE 304-0335-00-01 960 43 1/2 AVE NE 36-30-24-22-0121 188.64 WATER, SEWER, REFUSE 304-0415-00-OS 1008 4STH AVE NE 36-30-24-22-0155 387.44 SHADE TREE REMOVAL 3040 962 42 1/2 AVE NE 36-30-24-23-0058 347.47 REMOVE DEAD TREE STUMP 3121 1140 45TH AVE NE 36-30-24-23-0059 166.75 WEED CUTTING 3189 1011 42ND AVE NE 36-30-24-23-0063 1,840.50 STOP BOX REPAIR 3]42 1111 42ND AVE NE 36-30-24-23-0076 30726 WATER, SEWER, REFUSE 303-0480-00-02 1033 42ND AVE NE 36-30-24-23-0494 518.60 SHADE TREE REMOVAL 3033 1357 C[RCLE TERR BLVD 36-30-24-24-0017 80.56 WATER, SEWER, REFUSE 302-0285-00-10 1355 CIRCLE TERR BLVD 36-30-24-24-0017 75.54 WATEP., SEWER, REFUSE 302-0290-00-O1 1351 CIRCLE TERR BLVD 36.30.24.24-0018 402.69 WATER, SEWER, REFUSE 302-0245-00-07 4157 MONROE ST NE 36-30-24-24-0021 153.94 SIGN REPAIR 2991 1310 CIRCLE TERR BLVD 36-30-24-24-0030 249.87 WATER, SEWER, REFUSE 302-0227-00-OS 1325 42 1/2 AVE NE 36-30-24-24-0044 209.23 WATER, SEWER, REFUSE 304-0050-00-01 1310 43RD AVE NE 36-30-24-24-0049 627.14 SHADE TREE REMOVAL 3074 1325 42ND AVE NE 36-30-24-24-0072 1,515.50 STOP BOX REPAIR 3184 41 ib RESERVOIR BLVD 36-30-24-24-0121 58.45 WATER, SEWER, REFUSE 309-0315-00-02 4015 RESERVOIR BLVD 36-30-24-31-0020 506.78 WATER, SEWER, REFUSE 309-0285-00-O1 1266 CIRCLE TERR BLVD 36-30-24-31-0036 43.07 WATER, SEWER, REFUSE 302-0200-00-12 1250 CIRCLE TERR BLVD 36-30-24-31-0039 449.98 WATER, SEWER, REFUSE 302-0175-00-07 1236-1238 CIRCLE TERRACE BLVD 36-30-24-31-0041 223.75 HAUL STORAGE AND TRASH 2951 1236-1238 CIRCLE TERRACE BLVD 36-30-24-31-0041 1,515.50 STOP BOX REPA]R 3219 3951 RESERVO[R BLVD NE 36-30-24-31-0072 459.41 SHADE TREE REMOVAL 3067 3953 TYLER ST NE 36-30-24-31-0102 1,215.50 STOP BOX REPAIR 3137 3954 TYLER ST NE 36-30-24-31-0119 95.00 REMOVE APPLIANCES 2961 970 40TH AVE NE 36-30-24-32-0044 357.81 WATER, SEWER, REFUSE 301-0475-00-01 1037 COULD AVE NE 36-30-24-32-0067 L1325 WEED CUTTING 3187 1102 COULD AVE NE 36-30-24-32-0086 394.91 WATER, SEWER, REFUSE 308-0480-00-O1 1055 PETER" PLACE NE 36-30-24-32-0100 142.20 SHADE TREE REMOVAL 3136 3919 RESERVOIR BLVD NE 36-30-24-33-0046 138.78 WEED CUTTING 3098 3919 RESERVOIR BLVD 36-30-24-33-0046 201.14 WATER, SEWER, REFUSE 309-0020-00-O1 961 37TH AVENUE NE 36-30-24-33-0093 213.50 WEED CUTTING 2907 961 37TH AVENUE NE 36-30-24-33-0093 638.50 REMOVE SCRUB /WEED CUTTING 3009 961 37TH AVENUE NE 36-30-24-33-0093 1,215.50 STOP BOX. REPAIR 3127 961 37TH AVENUE NE 36-30-24-33-0093 688.99 ABATE NUISANCE/HAZARD 3156 3843 TYLER ST NE 36-30-24-33-OL28 3,975.05 COPPER WATER SERVICE LINE 3173 3723 FOLK ST NE 36-30-24-33-0140 348.27 WATER, SEWER, REFUSE 311-0245-00-OS 3826 BUCHANAN ST NE 36-30-24-34-0042 138.78 WEED CUTTING 2939 3826 BUCHANAN ST NE 36-30-24-34-0042 315.87 WATER, SEWER, REFUSE 311-0695-00-O1 3720 BUCHANAN ST NE 36-30-24-34-0053 167.93 SHADE TREE REMOVAL 3002 121 S 37TH AVE NE 36-30-24-34-0068 113.25 WEED CUTTING 3217 1215 37TH AVE NE 36-30-24-34-0068 293.12 WATER, SEWER, REFUSE 213-0530-00-01 3915 TYLER ST NE 36-30-24-34-0120 32821 WATER, SEWER, REFUSE 310-0375-00-03 3834 POLK ST NE 36-30-24-34-0172 138.78 WEED CUTTING 2942 1824 41ST AVE NE 36-30-24-42-0009 489.18 HAUL STORAGE/WEED CUTTING 3055 Total 135,130.97 29 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OCTOBER 6, 2009 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Gary Peterson (Council Liaison), Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Peterson, to approve the minutes from the meeting of September 1, 2009. All ayes. MOTION PASSED. PUBLIC BEARINGS CASE NUMBER: 2009-0901 APPLICANT: Salman Abu-Sara--Filfillah Restaurant LOCATION: 4301 Central Ave REQUEST: Site Plan Approval for Shared Parking INTRODUCTION Sargent explained that the owners of the Filfillah Restaurant, located at 4301 Central Avenue, and the adjoining tenant space would like to re-open. the restaurant and use the adjoining tenant space for a grocery. At this time, the applicant has received. a permit in order to open the restaurant as a carryout restaurant only, which would meet the required amount of parking for the site. However, in the future, the applicant would like to open the restaurant as a sit-down dining restaurant. Therefore, the required amount of parking needed by the proposed full-service and grocery store is more than the number of parking stalls currently on the property. Per Code Section 9.016 (L)(9), the City Council. may approve the use of a required off-street parking area on an adjacent site in the form of a site plan approval far shared parking. At this time, the applicant is requesting a site plan approval in order to share the adjacent business's parking area in order to meet the minimum requirement for parking for the full-service restaurant and adjoining grocery store. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related. activities. Allowing the shared. use of parking facilities would enable the businesses to prosper, which would be consistent with the intent of the Comprehensive Plan for commercially guided properties. ZONING ORDINANCE Section 9.106 (L)(9) of the Zoning Code outlines specific conditions in order for the City Council to approve the use of shared parking. They are as follows: 30 Planning & Zoning Commission Minutes Page 2 October 6, 2009 The use for which the application for shared parking is being made is located within 300 feet if the use providing the parking facilities. The proposed location for the shared parking is on the property immediately to the north, currently occupied by Laundry World, located at 431 S Central Avenue. 2. Subsections 9.106 (L)(9)(b) - 9.106 (L)(9)(d} relate to whether the use in question is a nighttime, daytime or Sunday use. In this case, both uses are daytime uses. The Code imposes restrictions on what percent of the shared parking can be used for each type of use, with the assumption that each business only has the minimum amount of required parking. In this case, the Laundry World has an excess amount of parking, in which the owner is willing to share with the applicant. This is consistent with the Zoning Code. 3. Contract. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. The applicants have submitted a contract between themselves and the owner of Laundry World for the shared use of the parking facilities. The City Attorney must approve this contract. PARKING. At this time, the proposed Filfillah Restau~°ant will have a maximum of 40 fixed seats, and a kitchen square footage of approximately 300 square feet. Per City Code, the required amount of parking stalls is equal to 30% of the building occupancy capacity. Given this, the restaurant is required to have 12 parking stalls, plus 1 stall for the kitchen, for a total of 13. The proposed grocery store will be 4,318 square feet in area. City Code requires 1 parking stall for each 300 square feet of gross floor area, which is derived by taking 90% of the overall square footage. Given this, the grocery store is required to have 13 parking stalls as well. In total, the applicant's businesses are required to have 26 parking stalls. The site plan indicates that there are only 22 on-site parking stalls. For this reason, the neighboring property would have to share 4 parking stalls in order for the applicant to meet the minimum requirement for on-site parking. Laundry World is 4,125 square feet in area. City Code requires 1 parking stall for each 300 square feet of gross floor area, which is derived by taking 90% of the overall square footage. Given this, Laundry World is required to have 13 parking stalls. Currently, there are 21 on-site parking stalls, giving them an excess of 8 parking stalls. For this reason, Laundry World would be able to share 4 of its parking stalls and still meet the minimum requirement for parking. The site plan indicates an additional 25 parking stalls to be added. to the Laundry World property as part of the agreement between Laundry World and the applicant. Although Laundry World currently has ample parking to suffice the minimum requirements of Filfillah and the grocery store, the applicant would like to construct the additional parking stalls to ensure that there will functionally be enough parking to accommodate his businesses. The applicant also does not want to impede on any existing parking that the Laundry World has. 31 PLANNING & ZONING COMMISSION MINUTES PAGE 3 OCTOBER 6, 2009 As part of the plan, the applicant will be required to install a 6-foot screening fence along the east property line to screen the additional parking spaces from the residential properties to the east. FINDINGS OF FACT Sate Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: The site plan conforms to ail applicable requirements of this article The proposed site plan meets all requirements set forth in the Zoning Cade related to shared parking. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The Comprehensive Plan guides this area for Commercial related activities. Allowing the shared use of parking facilities would enable the businesses to prosper, which would be consistent with the intent of the Comprehensive Plan for commercially guided properties. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed site plan will alleviate parking concef^ns for the businesses in question. Measures will be taken to ensure that neighboring property owners will not be affected by added parking to the site (screening fence). Since the site plan conforms to all standards outlined in t11e Zoning Code as it relates to shared parking, staff recommends approval of the site plan for the development located at 4301 Central Avenue with the conditions as noted. Questions from Members: Szurek had four concerns: She wanted to see the Layout of the grocery store space; She is upset about the mess behind the restaurant that has been that way for months; She wants to see designated parking spots for Laundry World customers next to the building; She wants the monument sign moved because she thinks it is a traffic hazard. Sargent responded to her concerns. He told her the layout of the grocery space is not pertinent to the number of parking spots as it is based on the square footage of the store that was included in the staff report. The mess out back will be cleaned up as part of the construction process. Staff put a stop work order on the construction until the proper permits and approvals were obtained. The new owners have been cooperating with staff and have cleaned up the front area. As soon as construction resumes, the back area will also be cleaned. up. Sargent assured Szurek that a Certificate of Occupancy would not be issued until 32 Planning & Zoning Commission Minutes Page 4 October 6, 2009 everything is done and cleaned up. In regards to the parking, Sargent said the commission could make designated parking spots a condition of approval or ask that it be part of the contract language. He recommended having it as a part of the contract between the business owners, as it is something that affects their customers. Lastly, the monument sign was approved as part of the site plan last year and the placement does meet city code. Szurek asked if they would. be taking down the extra pylon sign and Sargent responded that it has to be removed as it is non-conforming and there is a change of use occurring. Thompson said he would vote in favor of this with more information. He wanted to see a landscape design plan for the parking area, and also agreed with Szurek that designated spots should be allocated for customers of Laundry World. Sargent explained that a landscape design was not required because they are not using green space to add the parking. He said they will just be re-surfacing the existing lot and re- striping it to mark the additional parking spots. Fiorendino was concerned about the traffic flow in the parking lot area. He felt directional signs should be installed to help the flow throughout the lot and to lessen the impact on the residences adjacent to the property in the rear. Schmitt asked if the owner has any other businesses, or if he has any affiliation with the old owner. A representative of the owner, Alex Badwa, told members that the current owner used. to own the Jerusalem Market and. that he has no affiliation with the old owners. Fiorendino asked if this agreement would go with the owner and the business, or if it would go with the property. Sargent said he would have to check with the attorney and it may depend on the contract language. The question of using the alley once it is cleaned up, for access to the parking area was brought up. Sargent explained that is not a public alley and that it will be used for delivery access only. Traffic will be directed through the parking lots in the front and to the north. Public Hearing Opened: Mr. Badwa responded to some of the concerns of the members. He stated. that the contract between Laundry World and Filfillah owners does require designated parking spots for the customers of Laundry World. He also said the existing pylon sign would be removed as soon as possible as part of the construction process. x,r:_i___~ rT~._.... r n~~ n~}rd n.,,. 'a t^,. ', L, aa. 1 i.'.,.Y X17 r '~1 +1,A tVtll:11ctCl I-l.Gttt ~' vt 7't/ `-t3 tlvc Saiu tlc wUS Coltccrncd "w'i c.ti auuetivnai par nfx[~ Iii uiv° lv~. Hi. .iaiu ~r.c, neighbors experience trouble with people parking there now and the amount of garbage they discard. He also expressed his concern over the City's lack of action regarding the open hole on the site. Pubic Hearing Closed. Sargent suggested adding four conditions to the approval from those originally noted due to the discussion that took place. They are included in the following motion. 33 Planning & Zoning Commission Minutes Page 5 October 6, 2009 Motion by Thompson, seconded by Fiorendino, that the Planning Commission recommends that the City Council approve the site plan for a shared parking arrangement for the property located at 4301 Central Avenue per Code Section 9.106 (L)(9) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking trse. ?. The applicant shall install a 6 foot screening fence as indicated on the approved site plan. 3. Ensure language is inclteded in the eonts-act requiring designated parking spaces for Laundry World. 4. That directional signage is installed to direct traffic flow of parking area. 5. That the 25 additional spots be installed and marked prior to opening. 6. That the pylon sign be removed prior to the Certificate of Ocetcpancy being issued. All ayes. Szurek voted aye with noted reservations. MOTION PASSED. The following Resolution will go to the City Council October 12, 2009. RESOLUTION N0.2009-XXX RESOLUTION APPROVING A SITE PLAN FOR SHARED PARKING AT 4301 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, NHNNESOTA WHEREAS, a proposal (Case #2009-0901) has been submitted by Salman Abu-Sara to the City Council requesting a site plan approval from the City of Columbia Heights at the fallowing site: ADDRESS: 4301 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for shared parking per Code Section 9.106 (L)(9). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on October 6, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. 34 Planning & Zoning Commission Minutes Page 6 October 6, 2009 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall. become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null. and void. if the project has not been completed within one L) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. 2. The applicant shall install a 6-foot screening fence as indicated on the approved site plan. 3. Ensure language is includedrn the contract requiring designated parking spaces for Laundry World. 4. That directional signage is installed to direct traffic flow of parking area. 5. That the 25 additional spots be installed and marked prior to opening. 6. That the pylon sign be removed prior to the Certificate of Occupancy being issued. CASE NUMBER: 2009-1001 APPLICANT: Caroline Becker LOCATION: 3704 Tyler Street NE REQUEST: 4-foot width variance for a detached garage INTRODUCTION Sargent explained the applicant is requesting a 4-foot width variance to construct a new detached garage per Code Section 9.106 (C)(1)(m). The City's Zoning Code requires that all new accessory structures be no less than 20' x 20' in size. The proposed plans indicate that the new detached garage will be 16' x 20'. For this reason, a 4-foot width variance is required. ZONING ORDINANCE The property at 3704 Tyler Street is zoned R-2A, One and Two Family Residential, as are all the properties in the surrounding area. The requirement fora 20' x 20' garage per City Code is to ensure that all new garages would be capable of staring two (Z) vehicles. The subject property currently does not have a garage and the applicants would like to add one for their use. Currently, the property has a significant grade differential from the back of the lot to the front. There is also a mature tree in the general area where a new detached garage would be located. Because of the grade change and the location of the tree, the detached garage would have to be located at the minimum setback distance of three (3) feet from the side and rear property lines. Given. this location, the largest garage that could be constructed would be one measuring 16' x' 20'. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as residential. A variance to allow the construction of a new accessory structure would be consistent with the intent of the Comprehensive Plan guiding of the area. 35 Planning & Zoning Commission Minutes Page 7 October 6, 2009 FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. 1'he topography of the property is the hardship in this case. There is a small area adjacent to the alley that sits on a plateau in relation to the rest of the yard. This area is only large enough to construct a 16' x 20' garage without massive excavation and regarding of the existing property. The applicants would also like to save a large mature tree, which the granting of the variance would allow. ;_ `,3,_ ~y - , _ . ~ ~._ b} 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. The topography of the property is unique and generally not applicable to other properties within the same zoning classification. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The hardship was created by the lay of the land and not by any person currently having a legal interest in the property. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as residential. A variance to allow the construction of a new accessory strzrcture would be consistent with the intent of the Comprehensive Plan guiding of the area. e) 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. The granting of the variance would not be materially detrimental; rather it would create more value to the property, thus enhancing the neighborhood 36 Planning ~ Zoning Commission Minutes Page 8 October 6, 2009 Staff recommends approval of the 4-foot width variance for the construction of a new detached garage located at 3704 Tyler Street because the hardship justifies the construction of an undersized structure. Questions from members: Schmitt asked if the existing shed would be removed. The owner answered that yes, it would be. Fiorendino asked what the setback will be from the alley. Sargent explained that it would be three feet. He told Fiorendino it is important to maintain that setback for snow removal and garbage service. That is why the variance on the width of the garage is needed. Public Hearing Opened: No one else wished to speak on this issue. Public Hearing Closed. Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends the City Cozmcil approve the 4 foot width variance for the construction of a new detached garage per Code Section 9.106 (C)(1)(m) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including.• 1. 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 garage. 3. The garage shall be architecturally compatible with the existing principal structure, incorporating similar building materials and colors. All ayes. MOTION PASSED. RESOLUTION N0.2009-I~ RESOLUTION APPROVING A VARIANCEFROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR CAROLINE BECKER WHEREAS, a proposal (Case # 2009-1001) has been submitted by Caroline Becker to the City Council requesting a VarlanCe Il'OI]7 Tne L1Iy UI l.,UlUCI161a I-1e1g1t1J c,Ullilt~, i.UUG dl ulG fOttowing Sitc. ADDRESS: 3704 Tyler Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 4-foot width variance for the construction of a new detached garage per Code Section 9.106 (C)(1)(m). WHEREAS, the Planning Coml~lission has held a public hearing as required by the City Zoning Code on October 6, 2009; 37 Planning & Zoning Commission Minutes Page 9 October 6, 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 IT 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: 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. 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. 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. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 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 IT 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. CONDITIONS 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 garage. 3. The garage shall be architecturally compatible with the existing principal structure, incorporating similar building materials and colors. NEW BUSINESS Sargent explained that Jimmy John's has submitted plans to construct a building on the old Jiffy Lube site at SOt" and Central. They wauld like to move forward with the project quickly and begin construction yet this fall. Sargent said due to the size of the lot, the Architect has come up with several different site plans, but each one would require a variance. Therefore, staff would like to set a special meeting for October 20, 2009, at 6:30 pm. for the commission to consider the variance issues. Sargent said a special meeting was necessary since legal notices must be done at least 10 days prior to the meeting, so it couldn't have been included on the agenda for this meeting. Sargent explained the lot is small, and they would like to have a drive up window included in the design. He said this is a proto type building they have recently started constructing to obtain their own identity. He told members the building will meet most of the design guidelines and be a nice fit on this small piece of property. It would be difficult to find something else to go on this site and would replace the vacant building currently there. 38 Planning & Zoning Commission Minutes Page 10 October 6, 2009 Peterson voiced his concern regarding the large number of fast food restaurants and auto parts stores we have along the avenue. He thought the commission should maybe consider limiting the number of these businesses like we have smoke shops and secondhand stores. He wondered how many fast food restaurants the city could support, The other members felt that the market dictates that and that most of those businesses do market studies before deciding to build somewhere. Schmitt asked if there may be some environmental issues or contaminants on site. Sargent said that hasn't yet been determined. It is possible, and would have to be dealt with in the construction process. The meeting was adjourned at 7:55 pm. Respectfully submitted, Shelley Hanson Secretary 39 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE REGULAR MEETING August 25, 2009 The meeting was called to order at 7:00 pm by President-Gary Peterson. Members Present: Bruce Nawrocki, Marlaine Szurek, Gerry Herringer, Tammera Diehm, Bobby Williams, Gary Peterson, and Bruce Kelzenberg. Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. 2. PLEDGE OF ALLEGIANCE- RECITED 3. CONSENT AGENDA 1. Approve the Minutes of June 23, 2009. 2. Approve the Financial Report and Payment of Bills for June & July 2009 per Resolution 2009-20 Nawrocki questioned what the payment to Realty House was for. Clark said it was an escrow for the purchase of one of the properties we just acquired. He also asked who prepared the financial reports as he found them difficult to understand. Clark told him the Finance Dept. prepares the reports and if he has questions regarding the format or coding, to see the Finance Director. Herringer asked what the payment to Carlson Professional Services was for. Clark explained that company is the old Pro Source and the payment was for environmental fees for the Huset Park development area. Approve Desertification A3/C7 per Resolution 2009-21 Statutorily TIF Districts A3/C7 expired on August 1, 2009. As advised by the City's EDA attorney a resolution should still be passed according to Office of State Auditor (OSA) policy. The Resolution is provided below. Approve City Council to negotiate purchase agreements for the Scattered Site project per Resolution 2009-25 On April 28, 2009 the EDA approved a "Scattered Site Housing Program" in which the EDA buys mostly foreclosed. homes for the purpose of demolition. Staff previously recommended the City enter into the purchase agreements and purchase the homes on behalf of the EDA, and then do a quitclaim deed back to the EDA. Because time is of the essence in negotiating these purchases, it is advantageous to have the City enter into these agreements due to their more frequent meetings. Nawrocki asked what costs are involved to follow this recommended process. Clark stated rile post of pi=cpai`iiig the `~'uitC;laiiii Dccd aiid liiiilg it is approxiiTlatcij% $2^v^v. 'awrocki tlieil replied he thought maybe Anoka County should take over purchasing the properties and handling the transactions. He thought it would streamline the process to have one entity doing this. Clark explained that the County doesn't have the staff to handle transactions on behalf of the City. They are currently buying properties using CDBG funds and NSP monies in addition to what the City is buying. The County has to follow federal guidelines and the process is more cumbersome than ours. Once the properties are demolished or re-Nabbed they must be sold to low or moderate income people to meet the federal guidelines. The City is purchasing properties that have a total price of purchase and demo for under $50,000 and. the city is under no obligation to re-sell the properties based on income restrictions. If we find 40 Economic Development Authority Minutes Page 2 of.' 14 August 25, 2009 properties that are above our target price, or that would be good candidates for re-hab, we are referring them to Anoka County. Clark said we are working closely with the County and. that between us we are hoping to acquire 40-45 properties. Anoka County is purchasing properties in Columbia Heights because of the low price points in our city compared to other cities in Anoka County. Ne went on to say that having Anoka County take over purchase and demo of properties would not save the city any money. Staff reminded the EDA Board that Anoka County takes 15% administration fee for handling the Anoka County HRA Levy account on behalf of the City. Motion by Diehm, seconded by Szurek, to waive the Reading of Resolution 2009-20, 2009-21, and 2009-25 there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Diehm, seconded by Szurek, to approve the Minutes and Resolutions 2009-20, 2009- 21, and 2009-25 approving payment of bills for June and July, Desertification of TIF Districts A3/C7 and approving City Council to negotiate purchase agreements for the scattered site housing project. A11 ayes. MOTION PASSED. EDA RESOLUTION 2009-20 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR JUNE AND JULY 2009 AND PAYMENT OF BILLS FOR THE MONTHS OF JUNE AND JULY 2009. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and. WHEREAS, the financial statement for the months of June and July 2009 and the list of bills for the months of June and July 2009 are attached hereto and made a part of this resolution; and WHEREAS, the EDA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE TT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved. for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Economic Development Authority. RESOLUTION N0.2009-21 RESOLUTION DECERTIFYING 1977 CBD REVITALIZATION PLAN (DOWNTOWN REDEVELOPMENT) TAX INCREMENT FINANCING DISTRICT Recitals Section 1 41 Economic Development Authority Minutes Page 3 of 14 August 25, 2009 1.01. The Authority and the City of Columbia Heights, Minnesota (the "City") previously established the 1977 CBD Revitalization Plan Tax Increment Financing District (Downtown Redevelopment) (the "TIF District") and adopted a Tax Increment Financing Plan therefore (the "TIF Plan"), pursuant to Minnesota Statutes, Sections 273.71 through 273.78, since recodified as Sections 469.174 through 469.1799 (the "TIF Act"). The TIF Plan was adopted by the City Council of the City on March 2, 1977. 1.02. Pursuant to Section 469.176, Subdivision 1 c of the TIF Act, for tax increment financing districts created prior to August 1, 1979, such as the TIF District, tax increment revenues shall not be paid to an authority after August 1, 2009. 1.03. The Board has determined that it is in the best interests of the Authority to recognize the expiration of the TIF District and to formally decertify the TIF District as of August 1, 2009. Section 2. TIF District Decertified; Filing, 2.01. The TIF District is hereby deemed decertified as of August 1, 2009. 2.02. Authority staff is authorized and directed to transmit a copy of this Resolution to the Director of Property Records and Taxation of Anoka County with instructions to recognize the expiration of the TIF District, it being the intent of the Authority that no collection of tax increment revenues from the TIF District will be distributed to the Authority after August 1, 2009. 2.03. Authority staff is directed to return any remaining tax increment in the accounts established for the TIF District to the Director of Property Records and Taxation of Anoka County for distribution to the taxing jurisdictions within the TIF District. RESOLUTION N0.2009-25 RESOLUTION DELEGATING TO THE CITY OF COLUMBIA HEIGHTS AUTHORIZATION TO NEGOTIATE PURCHASE AGREEMENTS FOR CERTAIN PROPERTIES LOCATED WITHIN THE DOWNTOWN CBD REDEVELOPMENT PROJECT RECITALS Section 1. 1.01. The Authority administers the Downtown CBD Redevelopment Project (the "Project") within the City of Columbia Heights, Minnesota (the "City"), which Project was established pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act"). 1.02. The Authority has undertaken a program to acquire homes located. in the Project to address foreclosure problems and remediate and prevent the emergence of blight (the "Scattered Site Housing Program"). 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 Authority has determined to request that Lne l.lty aSSISt Wltll sltCll acglllJlllolls by Ilego`t1A`tllig with JciierJ aittd enter ii3g into purchase agreements (tile "Purchas°v Agreements") on behalf of the Authority. Section 2. Approvals. 2.O1. The Authority hereby requests the City, using its powers as a "state public body" under the HRA Act, to negotiate Purchase Agreements for properties located in the Project that are consistent with the criteria for the Scattered Site Housing Program, as approved by the Authority on April 28, 2009. 2.02. The City Council of the City is authorized and. directed to approve and enter into Purchase Agreements, provided that the City's rights in each Purchase Agreement shall. be assigned to the Authority. 42 Economic Development Authority Minutes Page 4 of 14 August 25, 2009 2.03. The Board hereby accepts and approves each Purchase Agreement entered into by the City and assigned to the Authority, provided that the Purchase Agreements are consistent with the criteria for the Scattered Site Housing Program, 4. BUSINESS ITEMS Resolution 2009-22-Schafer Richardson Amendment Cartney explained that on October 25, 2004 the City, EDA, and Huset Park Development Carp entered into a 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 development, and on February 9, 2009 the same parties entered into an amended and restated contract for redevelopment changing commencement and completion dates for development. The "minimum improvements" in the contract is broken out into phases and includes three different housing types and one commercial space. The contract included 277 townhouse units, 50 senior units, 183 condominium units, and 11,650 square feet of commercial space. Due to the down turn in the housing market and economic conditions, Shafer Richardson is requesting additional completion date amendments to the development contract and a reduction in lot price from $39,000 to $22,500 per townhouse. The following table represents the second amendments requested per phase and the new proposed Request: Phase Ori final Date Amended Date (Feb 2009) Proposed Date IB Housin Com lete b 12/31/2008 Com lete b 4/30/2011 Com lete b 10/31/2011 IIA Housin Corn lete b 4/30/09 Com lete b 6/1./2010 Com lete b 6/30/2011 IIB Housin Com lete b 12/31/09 Com lete 7/1/2012 Com lete b 4/30/2013 IIIA Housing and Commercial Commence by 12/31/08 complete by 12/31/2010 Commence by 4/1/2010 Complete by 4/1/2012 Commence by 12/30/2011 Complete by 12/30/2013 IIIB Housing Commence by 12/31/2010 com lete b 12/31/1012 Commence by 12/31/2012 com fete b 12/31/2014 Commence by 6/30/2013 Corn lete b 6/30/2014 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 12/31/2014 Corn lete b 12/31/'016 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 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. Staff recommends the EDA amend the development contract as requested to change commencement and completion dates and to reduce the lot prices to $22,500 per townhouse for the Huset Park/Parkview Redevelopment. 43 Economic Development Authority Minutes Page 5 of 14 August 259 2009 Brad Shafer and Maureen Michalski from Shafer Richardson were present to answer questions. Szurek wanted to know if this would affect the size, style or location of any new townhouses. Maureen explained that the design, size, and the location of the townhouse on the site will not change. Those items are part of the site plan that was already approved through. the planning process. It will allow for profit margin ranges to remain the same, and Ryland will be modifying their sales approach by having more interior upgrade options. With the decrease in market values, Ryland can't make money if they are required to pay $39,000 for each lot. Nawrocki asked if the utilities are in for the remainder of the residential sites. Shafer said that all the utilities, sewer and water, and streets are in. Nawrocki then asked. why the EDA is involved in determining the sales price of each lot. As a point of information, he said Anoka County has the lot value at $23,000 on one of the units. Clark explained that the City Council set up in the Development Agreement minimum sales price, so any change to the agreement must be approved by the EDA. Nawrocki said if the market value on these lots are dropping to $22,500 that would also mean the lot prices of the properties we are purchasing for the scattered site program would also be dropping. He questions whether the lots will be worth $30,000-$35,000 as staff claims. Clark responded that the price of a lot for a single family home is different from the smaller townhouse lot. He also reminded members that he estimated that we would recover about 70% of our expenses and that we may have to sit on these lots for 5 years until things in the housing industry improve. Szurek asked how many units are being rented? Clark said the wasn't sure of the exact number, but that the Association is adhering to the 5% limit. The Association has to approve each rental license application to ensure the number of rentals is within the parameters established. Gary Peterson stated he thinks the project has been a great addition to the city and that it is neat and. clean looking, including the construction site. Diehm said she appreciates that the project continues to move forward, even if it is slowly. Shafer thanked the Board and. said. he would pass the comments along to Ryland Homes. Motion by Diehm, seconded by Kelzenberg, to waive the reading of Resolution 2009-22, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Diehm, seconded by Kelzenberg, to adopt Resolution 2009-22, a Resolution approving the third amendment to Amended and Restated Contract for Private Redevelopment by and between Columbia Heights Economic Development Authority and Huset Park Development Corporation, approved on August 1, 2007; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. MOTION PASSED. RESOLUTION N0.2009-22 RESOLUTION APPROVING A THIItD 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 Recitals Section 1. 1,01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering the Downtown 44 Economic Development Authority Minutes Page 6 of 14 August 25, 2009 CBD Redevelopment Project ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. The Authority, the City of Columbia Heights ("City") and Huset Park Development Corporation (the "Redeveloper") entered into a into An Amended and Restated Contract for Private Redevelopment dated as of August 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 Board has reviewed the Amended Contract and finds that the execution thereof and perfannance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authorit~pproval; Further Proceedings. 2.01. The Amended Contract as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and. that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Amended Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. This is a copy of the Amendment to be executed. THIItD AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the day of , 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.]081 (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-cailed five-year rule under Minnesota Statutes, Section 469. i 763, 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 t11e parties hereto, each of them does hereby covenant and agree with the other as follows: Section 4.3 of the Contract is modified as follows (italicized language 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 lmprovements must be constructed in accordance with the following schedule: 45 Economic Development Authority Minutes Page 7 of 14 August 25, 2009 Phase 1: 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 IA 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. Redeveloper must substantially complete all internal site improvements, including roads, together with at least 80 percent of required number of housing units for Phase lIB, by April 30, 2013. 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 IIIA: Commence by December 30, 2011; complete by December 30, 2013. Phase IIIB: Commence by June 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 Subdevelaper (or to itself or an Affiliate for any Phase or portion thereof retained and constructed by Redeveloper) at price less than the following: $ 22, S00 per townhome (As amended August 25, 2009) $ 18,000 per condominium or cooperative unit $300,000 for the commercial portion of Phase III $10,000 per senior rental itnit (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) Authorization and Delivery. 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 terms 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 Auti;oiity iiaviiig accepied, certification of Public Redevelopment Costs in accordance with paragraph (d) in at 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 January 1, 201.5, 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. 46 Economic Development Authority Minutes Page 8 of 14 August 25, 2009 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. 5. DISCUSSION A. Rental-Clark explained that the City has implemented a wide variety of housing programs in 2009 to address issues with the housing crisis and how it affects our neighborhoods. He reviewed the various programs that have been initiated with cooperation between the Community Development Department, the Police Department, Anoka County, and GHMC. Although, these programs are a positive for the City, staff believes the City needs to continue discussions on housing and neighborhood issues, specifically: 1. Rental Property Issues 2. Code Enforcement, and 3. Vacant properties. The City currently has neighborhoods that are having critical issues. Some have over 15% foreclosure rates, most have experienced severe price point deflation, and the number of rental properties is rapidly increasing (especially single family homes). In early August the Community Development Department held a meeting with Police and Fire to discuss overall housing issues. The City has changed its past routine rental property inspection schedules for single family and duplex housing with the interior being inspected every four years (used to be every two years) and. the exteriors being inspected annually. Apartment exteriors and common areas are inspected annually with individual units inspected every four years. The City has also experienced a severe increase in rental properties from 2006 to 2009 with over 200 net new rental licenses being issued. Over eighty new licenses have been issued since September 2008 (the month that the rental moratorium went off), with approximately 70 of these being single family. Staff feels it is important to discuss policy for two questions: I) Does the City want to develop an Ordinance limiting single family rentals based on a percentage of area calculation, and 2) how often should rentals be inspected? Clark passed around. a map showing the location and concentration of the rental properties. He said. we have approximately 260 single family homes that have rental licenses. Staff is looking for direction from the Board to identify priorities. Herringer asked how we know a single family home is rental? He thinks there could be some out there that slip through the cracks. Clark said that may be true for a small number, but the Fire Dept tracks possible rentals through sales, homesteads, changes in water department billing, and complaints from neighbors. B. Code Enforcement-Due to staff cuts the Fire Department's working policy for code enforcement has changed. Currently there is approximately 1.75 FTE's devoted to inspections which are done on a complaint basis, except for major corridors and vacant properties. In addition to this, an internship position was created which enables more time to be devoted to code enforcement. The primary policy question for the EDA is "how critical is code enforcement to the City's overall community health" and what changes should occur-. Consideration of this issue is important to the 2010 budget discussion. 47 1/conomic Development Authority Minutes Page 9 of 14 August 25, 2009 Nawrocki said he felt the routine exterior code enforcement that the Fire Dept. used to do is important as are inspecting the interior of rental units every two years rather than four years. He is aware they lost some clerical help, but he said they haven't lost any FT firefighters who were doing the inspections, so he doesn't understand why the policy was changed. Nawrocki felt it is especially important for multiple unit buildings. Other members felt that single family homes and doubles were more of a problem and should be inspected every two years. Often times owners of these properties have never rented property before and. have issues with tenants and maintaining the property. There was a discussion regarding whether the city could legally inspect target areas more often than other areas. Fehst recommended checking with the City Attorney before deciding on a policy like that. Most members felt it should be a uniform policy whereby all rentals are inspected every two years, not four. Fehst said the policy was initially changed because of the increase in the number of rental properties. He also felt there may be some duplication of efforts in the record keeping that could be done more efficiently, and that maybe the fire personnel could. get computers for the vehicles to help input information as the inspections are done. He also pointed out that even though the number of rental units has increased, the building inspector is doing the initial new rental inspections to alleviate some of the workload of the Fire Dept. Williams suggested going to a two year license cycle that would include a 2-year license and an inspection at the time of renewal. This would eliminate the need to re-issue the license annually, and free up time so the properties could go back to a two year inspection schedule. Other members thought this may be a good way of accomplishing the two year inspection goal. C. Vacant Building Registration-Clark reviewed the map depicting the number of vacant properties that have been created by the foreclosure market. Staff anticipates that the City could still have over 100 additional foreclosures by the end of 2010. The question for the EDA is whether the City should increase its review of these properties, by possibly implementing a registration program. These properties become a burden for the city and there are direct costs associated with monitoring them. These properties also have a greater level of deterioration since they are vacant for long periods of time. The EDA must decide whether to implement a registration program to increase our regulatory issues associated with these properties (similar to that recently instituted by the City of Crystal). Clark said the fee for this program would be minimal, especially compared to other cities that require registration. It would prompt owners/banks/property managers/ to keep the property maintained. in order to avoid being posted as an abandoned/vacant property. It would also give us contact information in case there is an issue with the property while it is vacant. Members questioned if there has been negative feedback on our vacant/abandoned inspection program. Cartney said that we have not received any negative comments and that we have received. great cooperation from realtors and property managers. 48 Economic Development Authority Minutes Page 10 of 14 August 25, 2009 Szurek liked some aspects of the Crystal Ordinance. She wondered if it would eliminate vagrancy and vandalism that occurs at some of the vacant properties. Clark said we haven't had an issue with that yet. Diehm thought the concept of the vacant registration was fine, but thought the 30-day timeframe was unrealistic and the $500 fee too high. She felt 30 days was not sufficient time if a person were trying to sell a home and they had already moved into their new home. She thought there should be some type of exception for this situation. Nawrocki didn't feel we needed a vacant building registration, especially for those trying to sell a home, which sometimes takes a while. Herringer asked if we couldn't differentiate between an owner trying to sell a property and one that is being foreclosed. Clark summarized. the feedback he heard to the members. Staff should look into a two year rental license/inspection policy and go back to routine grid property code enforcement. The consensus was not to pursue a vacant property registration at this time nor limiting the number of rentals. 6. RESOLUTION 2009-23 HRA LEVY BUDGET and RESOLUTION 2009-24 EDA LEVY BUDGET Clark stated that two items should be noted in review of the 2010 budget for the Community Development Department. 1) The budget goal has been based on past discussions between the Council and the City Manager/Finance Department whereby the goal of the overall City general fund budget is to be independent of LGA revenue by 2013. The model was based on freezing expenditures at the 2008 level with. the exception of approved pay increases (this model establishes an EDA Levy amount in 201.0 at $83,971). It should also be noted that all other Community Development expenditures are outside of the General Fund Budget, but that the final 201.0 expenditures meet the budget goals. 2} In order to provide a more direct nexus between the HRA and EDA Levy, staff created a new fund that more closely ties levy revenue back. to actual expenditures. Note: Previous 2009 expenditure budget had Fund 201 (Community Development Fund) divided. into Department's of Protective Inspections-42400 and Community Development Administration-46310. Community Development Administration-46310 has now been eliminated with the creation of Fund 204-Economic Development Authority with a corresponding Department of Economic Development Authority-46314. Based on these new funds the comparison between the gross 2009 and 2010 budget follows: Budget Year 2009 2010 Protective Inspec±ion (42400) $329,584 $263,989 Community Development Admin. $295,725 $0 (46310) Economic Development Authority Not created $346,428 (4631.4) Total Budget $625,309 $610,417 49 Economic Development Authority Minutes Page 11 of 14 August 25, 2009 Clark reviewed the Analysis of the expenditures and revenues and what significant changes were made from the previous budget. He then went on to recommend two changes as follows: 1. Increase the minimum permit fees from $35 to $50 with the minimum fee value increasing from $800 to $1400. The last time the minimum fees were adjusted was in 1998. There are approximately 600 permits that fit into this category in a typical year, and these permits have at least 50% first inspection failure rate, meaning that on average, 1.5 inspections must be conducted per permit. 2. Readjust Planning Fees to a flat fee as shown. on the attachment that was included in the packet. At this time, planning fees are extremely cumbersome, and expensive to administer. Clark described the process currently followed and recommends going back to a flat fee with the provision that an additional escrow can be pasted for larger projects that may require outside expertise. Diehm said a lot of cities charge a flat fee and an escrow account for any additional expenses. Staff recommends leaving the fee for the Abandoned Property Inspections at $250. He said the amount appears to be fair in terms of staff time. Nawrocki commented that raising building permit fees is counterproductive. By increasing them 50%, mare people would try to avoid getting a permit. He thinks the tax increase proposed for the residents is already too high and that the TIF money should be going back to the taxpayers and shouldn't be spent on purchasing properties for the redevelopment of their neighborhoods. Clark explained the building permit fees haven't been raised for 11 years and that only the minimum fee is being raised. The minimum fee would be charged for any project under $1400 in value. Currently it is $35 for anything under $800. The remainder of the fee schedule would stay the same. Nawrocki stated. that if permit revenue is going down, then maybe the city should consider reducing staff if the workload is less. Clark stated that the workload hasn't gone down. The number of permits is constant, however it's just that projects being done are smaller in nature which means less revenue per inspection. The number of inspections also has not gone down based on the building inspector doing the initial rental inspections and the abandoned property inspections. Nawrocki also asked that Clark get him the taxable market value figure for the city that is used for the calculation of the HRA levy amount. Motion by Williams, seconded by Kelzenberg, to waive the reading of Resolution 2009-23 there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded. by Kelzenberg, to adopt Resolution 2009-23 Authorizing the Levy of a Special Benefit Levy Pursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and Approval of a Budget for Fiscal Year 2010. Kelzenberg, Diehm, Szurek, Herringer, Williams, Peterson-Aye Nawrocki-Nay. MOTION PASSED. RESOLUTION N0.2009-23 AUTHORIZING THE LEVY OF SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 AND APPROVAL OF A BUDGET FOR FISCAL YEAR 2010 50 Economic Development Authority Minutes Page 12 of 14 August 25, 2009 WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.1081 ("EDA Acf') the City of Columbia Heights (`°City") created the Columbia Heights Economic Development Authority (the "EDA"); and WHEREAS, pursuant to City Resolution 2001-62 and Ordinance No. 1442, the City Council granted to the EDA all powers and duties of a housing and redevelopment authority under the provisions of Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA"); and WHEREAS, Section 469.033, Subdivision 6, of the HRA Act permits the EDA and HRA, together, to levy and collect a special benefit levy of up to .0185 percent of taxable market value in the City upon all taxable real property within the City; and WHEREAS, the EDA desires to levy a special benefit levy in the amount of .0185 percent of taxable market value in the City; and WHEREAS, the EDA understands that the HRA does not expect to levy a special benefit tax for fiscal year 2010; and WHEREAS, the EDA has before it for its consideration a copy of a budget for its operations for the fiscal year 2010 and the amount of the levy for collection in fiscal year 201.0 shall be based on this budget. NOW, THEREFORE, Be It Resolved by the Board of Commissioners of the Columbia Heights Economic Development Authority: 1. The budget of $346,527 for the operations of the EDA presented for consideration by the Board of Commissioners of the EDA is hereby in all respects approved. Such budget includes the amount the EDA requests (by separate resolution) to be levied by the City under Minnesota Statutes, Section 469.107, together with the amount to be levied hereunder by the EDA under Minnesota Statutes, Section 469.033, subdivision 6. 2. Staff of the EDA are hereby authorized. and directed to file the budget with the City in accordance with Minnesota Statutes, Section 469.033, Subdivision 6. 3. There is hereby levied, subject to the approval of the City Council of the City, a special benefit levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, in the amount equal to the lesser of a levy at a rate of .01.85 percent of taxable market value in City, or $262,556 with respect to taxes payable in calendar year 2010. 4. Staff of the EDA are hereby authorized and. directed to seek the approval by resolution of the City Council of the City of the levy of special benefit taxes in ZOl O and to take such other actions as are necessary to levy and certify such. levy. Motion by: Williams Second by: Kelzenberg Roll Call: Kelzenberg, Diehm, Szurek, Williams, Herringer, Peterson-Aye Nawrocki-Nay Motion by Szurek, seconded by Williams, to waive the reading of Resolution 2009-24 there being ample -~_i_r_ ~ n r,r~mr~ T n n orr_.r~ (,UpICS aVallttC)1C. l-11t ay CJ. 1vllJllvl`V rti.7J>_:1J. Motion by Szurek, seconded by Williams, to Adopt Resolution 2009-24 Resolution of the Economic Development Authority in and for Columbia Heights EDA adopting the 2010 Budget and Setting the EDA Levy. Kelzenberg, Szurek, Diehm, Herringer, Williams, Peterson- Aye Nawrocki-Nay. MOTION PASSED. 51 Economic Development Authority Minutes Page 13 of 14 August 25, 2009 ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS EDA RESOLUTION 2009-24 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS (EDA) ADOPTING THE 2010 BUDGET AND SETTING THE EDA LEVY. BE 1T RESOLVED By the Columbia Heights Economic Development Authority (EDA} of Columbia Heights, Minnesota as follows WHEREAS, the Columbia Heights City Council established the Columbia Heights Economic Development Authority January 8, 1996 pursuant to Minnesota Statutes 469.090 to 469.1081; and WHEREAS, the City Council has given to the EDA the responsibility far all development and redevelopment projects and programs; and WHEREAS, the EDA is authorized under State Statutes, Section 469.107 to levy a tax on its area of operation for the purposes authorized under State Statues 469.090 to 469.1081, subject to consent by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE EDA FOR THE CITY OF COLUMBIA HEIGHTS, NIINNESOTA THAT: 1. The EDA adopts and recommends to the City Council for approval a budget of $346,527 for year 2010. 2. The EDA adopts and recommends to the City Council for approval a levy of $83,971 for year 2010. The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director/City Clerk of the City of Columbia Heights, Minnesota. 7. ADMINISTRATIVE REPORT Clark reported that staff is working to establish a Cable Show every two months highlighting new businesses in the community. Jeff Sargent, City Planner, will work with new owners to set up short interviews with them to promote their new business. Clark told members that New Perspectives Lighthouse Assisted Living Project is scheduled to open November 1, 2009. They have a 35-40% reservation rate already. It took them three years to fill their site in Waconia, so they are very happy with the progress thus far. Clark updated members on the latest news for the 47t" and Central Ave commercial development. He informed them he had met with the developers and was told they have commitments from Alda's and for about 50% of the 9,000 sf retail space. The bank is looking for 100% commitment of the retail space in order to process the funding for the project. Clark reminded members that staff went before the Met Council this year in order to get an extension of the grant for the parking ramp/project. The Met Council at that time granted the extension for 70% of the original grant amount. The condition at that time was the project had to be done by December 31, 2009. Since this project won't be complete by that deadline, the only option left may be to go back to the Met Council and ask for another extension. Clark told the developer that in order to go back to the Met Council in October we would. need signed leases in place for the project and a signed commitment from the bank for the funding, otherwise the city will not go back and ask for another extension. He will continue to update the members as necessary. The Developers from 37`" and Central came back with another plan, but staff still was not satisfied with the proposed changes. The developer will continue to search for additional businesses. 52 Economic Development Authority Minutes Page 14 of I4 August 25, 2009 Cartney reported. that Anoka County purchased the property at 4522 5`" Street and the City now has ownership of the donated property located at 4147 7`" Street. OTI~ER BUSINESS The next regular EDA meeting will be Tuesday, September 22, 2009. The meeting was adjourned at 8:50 pm Respectfully submitted, Shelley Manson Secretary 53 CITY COUNCIL LETTER Meeting of October IZ, 2009 AGENDA SECTION: Consent ORIGINATING DEPART ENT CITY MANAGER NO, POLICE AFPROV ITEM: Transfer of Funds for DTF from General Fund BY: Scott Nadeau BY: ~' ,,~~ e ~ • to Police Dept Budget to Reimburse Overtime DATE October 7, 2009 DATE: Fund NO: BACKGROUND The Police Department currently has an officer in the Anoka-Hennepin Drug Task Force (AHDTF}. The AHDTF is partially funded by a federal grant administered by the State of Minnesota which covers partial reimbursement of overtime incurred by the AHDTF officers. For the third quarter of 2009, the Police Department has received a check from Anoka County in the amount of $1,200 as partial reimbursement for the overtime of our AHDTF Officer. ANALYSISICONCLUSION The 51,200 was deposited into the General Fund. The Police Department is requesting that the funds received from Anoka County be moved back into our 2009 Police Department Budget Line 1020, Overtime, from tlae General Fund. RECOMMENDER MOTION: Move to transfer $1,200, the amount of money received from Aiioka County as partial reimbursement for overtime worked by our member in the AnokalHennepin Drug Task Force, for the third quarter of 2009 from the General Fund to the Police Department 2009 Budget line 1020, Overtime. COUNCIL ACTION: 54 C®UNT~ OF ANO~A ~~ -2100 THIRD AVENUE y ANOKA, MINNESOTA 55303 : ~ AN C~V~~Y, PAY ,One Thousand Two Hundred Dollars And Zero Cents'~'~ * *' * ~' * * ~ ~' , °ro rNe OFi~ER of .CITY `OF COLUMBIA HEIGHTS POLICE DEPARTMENT -559 :MILL STREET NE COLUMBIA HGHTS.;MN 55421 United .States WELLS FARGO BANK MINNESOTA N.A. ANOICA, MINNESOTA mow.- _-____. -CHECK NO. 1113257 . ~?-1 DATE Oct 5, 2009 910 AMOUNT S 1, 200:00 4 , lip ~ ~ ~~ ~C~'~41' ~:~~ ~oDO~ ~~t: ~~ b~~o~ ~~~IIg ANOKA COUNTY REMITTANCE ADVICE ©ATE Oct 5, 2009 -1 Apr Z, 2009 3RD C2TR IVARCC3TICS GRANT REIMB 30-SEP-2009 Sep 30, 20 5 'w~ (~C}~~~ ~~ .00 CHECK NO. 1113257 -1.00 1, 200.00 1,199.00 Q7a,sW CITY COUNCIL LETTER Meeting of: October 12, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approve acquisition of 3853 3rd Street - BY: Sheila Cartney BY: ~ p Resolution 2009-164 DATE: October 8, 2009 .~, ;: v ;, 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 described above the City has been given the opportunity to purchase property located at 3853 3rd Street for $49,900 plus closing costs and demolition. The subject lot is about 30,000 square feet with an existing two bedroom single-family home that is 1,451 square feet, which was built in 1913. There is also a detached two-car garage. The house to our knowledge has been vacant for over two years and is in deplorable condition. Electrical and plumbing needs complete replacement, flooring is missing; windows and doors are missing (boarded up), holes in the sheet rock, evidence of moisture intrusion, inadequate heating system, and rotting soffits and the foundation is caving in. The city has done an inspection (attached) on this property and has revealed a significant amount of work is needed in order for someone to live in this house, a structural analysis is required to determine if the foundation is salvagable. Recently a buyer did walk away from the property when their re-hab estimate came in around $80,000, to provide minimum improvements to make the property inhabitable. This property is currently zoned General Business, and has a 2010 estimated market value of $175,600. Due to the location and size of this parcel, staff views this parcel as a potential redevelopment site that could be combined with surrounding properties at a future date. Recommendation: Staff recommends approval of the purchase. Recommended Motion: Move to waive the reading of Resolution 2009- 164, there being ample amount of copies available to the public. Move to adopt Resolution 2009-164, approving the acquisition of property located at 3853 3rd Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. anacnments: xesoiunon ~uuy- i b4, tocanon COUNCIL ACTION: 56 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION N0.2009-164 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 3852 3rd 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 EMC Mortgage Corporation (the '`Seller") dated as of October 6, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 3853 3rd Street Northeast and legally described as follows: Lot 10 & that part of Lot 1 1 Block E Rear of Block E of Columbia Heights Annex Lying South of Following Description L Com at A PT 351..1 Ft NELY ALG NWLY Line of SD LOT 11 from most WLY Cor thereof, TH S ALG Former WL (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. 2.01. 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 $49,900. City staff and officials are authorized and directed to take all such 57 other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 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 assignments Passed this 12~' day of October 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk 2 58 3853 - 3rd Street 22 4021 o M oo M M ~~ M M NN M M 4025 4018 4023 16 UNITS: ~ and 3 UNITS: '0a~d°~ 4014 4017 12 4013 zoo-2oa Zoi-ZO3 4013 4010 4009 08 Q O O O r N 0 r N ~ N r N ' N M M M M M M V7 N ~ ~ 00 _~ ~-. „_:- ~ 40TH AVE 212 ~ i 60 ~ N 48 \ &~ N N N _ 94 -, 3g ~ a = - 94 ~, - to ~ ~ 3929 3948 O '~ u~ ~ ~ ~ M ~ M r~ M r~ ° 938 '~.~~, , ~. ~ r v 928 3g34 3925 ~--. ,'~ ,,.. ,.. SU ~ 4 6 3929 382 ~Q 926 920 3923 ~ 922 Q 39 ~ 3 .3915 ~ __ ~ ,_, ~" Q 912 3915 ~ 3g16 ., r.,.,...,r 3901 3 G ~~ ~ 910 3909 ~ 392 390 ~ ` 906 3907 ~y9p6 ' ~ ~0 3901 R ' ~ ~ M p 6 ~ ~ ~: o ~ --- - - 3863 3860 Ap , ~ 1 / 856 3859 3855 3858 c ~~ m ~n rm .- 3891 ~~ ~, r ~'~ ~ ~ 852 b ~ ~ ~ 3851 3850 ,wM ~~ -J• J F' li / ~ ~ - J~/~~ 848 3847 3843 3848 3844 ~, 8 ~, ~ "~ •- f - r _ - ~ m o ~ ~ ~, N .~ ~ ~ o N d " M ~ ~ " M 3840 ' 3841 d 3836 3839 3838 `~ 3837 3832 3835 ~, ~ ~ .- M ~ yy yMy e~e~~ ~ emse}}, M t7 MM MMM MMM~C1MM chi 3832 3833 3829 3830 3828 3827 3826 3825 3825 REr~oc `°'~ _-- 3820 ~ 3820 3819 3816 3823 3 16 '° ~ ° I ~ ~ ~ I ~ I ~ ~ ~ o 3806 3815 3812 3815 38 3809 - -~~ zstne gone 3$1 ~ R-2A -One and Two Family Residential District R-2B -Built as Duplexes R-3 -Multiple Family Residential District ~~ MXD -Mixed Use District -- ~~ GB -General Business District I -Industrial 4 59 Property Address: 3853 3rd Street NE, Columbia Heights, N1N 55421 Page lof 4 Property Condition Report Columbia Heights Abandoned Property Inspection (Carefiilly read this entire report) THIS REPORT IS NOT A WARRANTY, BY THE CITY OF COLUMBIA HEIGHTS, OR EVALUATOR OF THE FIITLJRE USEFUL LIFE, OR THE FUTURE CONDITIONS OF ANY BUILDING COMPONENT OR FIXTURE. Address of Evaluated Dwelling: 3853 3rd Street NE, Columbia Heights, MN 55421 Owner/Applicant Name: Geors;e Farkas Owner/Applicant Address: 480 W Highway 96 #200 Type of Dwelling: Single Family X Duplex _ Townhouse _ Commercial Present Zoning District Present Occupancy: Conforming i Non-conforming Reason for Nonconforming Status: Comments: EVIDENCE OF FAILING FOUNDATION NEEDS STRUCTURAL ANALYSIS. SEVERE CRACKS IN WALLS AND CEILINGS ALSO. Property location and possible use restriction information: i Has open permits. Completion and/or occupancy restrictions or requirements may apply. I Habitable area of dwelling unit limits occupant load to persons if property will. be used as rental property. USED LOCK BOX TO ENTER PROPERTY 8/27/09 Signature of the Owner or Representative Date This Report: l . Is intended to provide basic information to the Owner prior to occupancy. Minimum standards for this report are contained in the City of Columbia Heights City Code (Chapter 5). This report will be used to enforce requirements of the City Code. 2. Is not a warranty by the City of Columbia Heights of the condition of the building, or any building component, nor of the accuracy of this report 3. Covers only the items listed on the form and only those items visible at the time of the evaluation. The Evaluator is not required to use a ladder to observe the condition. of°the rooting, disassemble items or evaluate inaccessible areas. 4. Is valid for six months from the date of issue and only for the ovvner named on this report. Questions regarding this report should be directed to the Evaluator. 60 Property Addresse 3853 3~d Street NE, Columbia Heights, MN 55421 Page 2of 4 Complaints regarding this report should be directed to City of Columbia Heights, Community Development, Abandoned Property Ordinance, 590 40`s Avenue NE, Columbia Heights, MN 55421, Phone No. 763.706.3678 "M"= Meets minimum requirements -the item complies with the minimum Housing Code requirements. "B"= Below minimum requirements -the item is below minimum Housing Code requirements. "C"= Comments -the item cannot be adequately evaluated or it has some deficiency, but the deficiency is insufficient to make the item below minimum requirements. "H"= Hazardous -the item in its present condition may endanger the health and safety of the occupant. "RR"° Repair/Replace -the item requires either repair or replacement. "Y"= Yes "N"= No "NV"= Not visible/Viewed "NA"= Not Applicable Any item marked "B", "C" or "H" must have a written comment about the item. Additional comment sheets may be attached if needed. Item# Comments BASEMENT/CELLAR 1. Stairs and Handrails ................................................... M 2. Basement/cellar floor .................................................. M 3 Structural analysis regd by a Registered 3. Foundation .............................................................. H Structural Engineer/ 4. Evidence of dampness or staining ................................... Y 4 Same as #3 5. First Floor, floor system .............................................. H 5 Same as #3 6. Beams and columns ................................................... H 6 Same as #3 Electrical Service(s) # of Services .......................NONE 7 Service Size: Amps: 30 60 100 150 Other H 7 Complete replacement of electrical service Volts: 120 120/240 panel and branch circuits required. 8. Electrical Service installation/grounding ........................... H 8 Same as #7 9. Electrical wiring, outlets and fixtures ............................... H 9 Same as #7 PLUMBING SYSTEM 10 Floor Drains ............................................................ M l 1. Foundation drainage (Sump Pump) ................................ NA 12. Waste and vent piping ................................................ H 12 Complete replacement of waste & vent Piping 13. Water piping ........................................................... H required. 14. Vacuum breakers on faucets ......................................... 13 Complete replacement of water piping required I5. Gas piping (All floors} ................................................ H 15 Complete replacement of gas piping required 16. Water heater(s) installation .......................................... H 16 R/R water heater 17. Water heater(s) venting .............................................. H 17 R/R water heater venting 18. Plumbing fixtures ..................................................... H 18 Fixtures not compliant with code. R/R HEATING SYSTEM(S) # of ......... 19. Heating plants} Fuel: Type: a. Installation and visible condition ................................. H 19 Replace furnace b. Viewed in operation ................................................ a Combustion venting ................................................ The Evaluator is not required to ignite the heating plant(s) 20. Additional heating unit(s) Fuel: Type: a. Installation and visible condition ................................. b. Viewed in operation ................................................ c. Combustion venting ................................................ ADDITIONAL COMMENTS ................... 21. ICI T CHEly 22. Walls and Ceiling M 23. Floor condition and ceiling height M 24. Evidence of dampness or staining N 25. Electrical outlets and fixtures H 25 No electrical service-no GFCI Outlets 26. Plumbing fixtures H 26 Connection to waste piping required. 27 Water flow N/V 27 Water off due to extensive piping damage or 28. Window size and openable area M missing piping. 29. Window condition H 29 Windows broken. R/R windows. 61 Property Address: 3853 3`d Street NE, Columbia Heights, MN 55421 LIVING AND DINING ROOM(S) 30. Walls and ceiling 31. Floor condition 32. Evidence of dampness and staining 33. Electrical outlets and fixtures 34. Window size and openable area 35. Window condition HALLWAYS, STAIRS AND ENTRIES 36. Walls, ceiling and floors 37. Evidence of dampness and staining 38. Stairs and handrails to upper floors 39. Electrical outlets and fixtures 40. Window condition 41. Smoke alarm(s) / CO Alarm BATHROOM(S) # of :Full Partial 42. Walls and ceiling 43. Floor condition 44. Evidence of dampness or staining 45. Electrical outlets and fixtures 46. Plumbing fixtures 47. Water flow 48. Window size and openable area or mechanical exhaust 49. Condition of windows or mechanical exhaust. SLEEPING ROOM(S) # of 50. Walls and ceiling Sl. Floor condition, area, and ceiling heights 52. Evidence of dampness or staining 53. Electrical outlets and fixtures 54. Window size and openable area 55. Window condition 56. Smoke alarms / CO Alarm Properly located Hard-wired ENCLOSED PORCHES AND OTHER ROOMS (Evaluator shall identify each additional room separately and Comment when necessary.) 57. Walls and floor condition 58. Evidence of dampness or staining 59. Electrical outlets and fixtures 60. Window condition ATTIC SPACE (Visible area) 61. Roof boards and rafters 62. Evidence of dampness or staining 63. Electrical wiring, outlets and fixtures 64. Ventilation ADDITIONAL COMMENTS 65. COMPLETE RENOVATION REQUIRED THROUGHOUT Page 3of 4 #30 & #31 APPLY TO ALL ROOMS H 30 Cracks in walls & ceiling throughout house. Structural analysis regd. H 31 Framing member spacing requires review by structural engineer H 33 R/R electrical wiring and devices H 35 R/R all windows 38 Non Compliant stairway. Storage only 41 Smoke alarms required in all sleeping rooms, adjacent hallways and on each story of house. 47 Water service is not on. H 57 Wall. structure does not conform to standard B building practices. No foundation under porch. Headers required over window openings. B 60 Screens or windows missing. R/R. N/V 62 Property Address: 3853 3`d Street NE, Columbia Heights, MN 55421. EXTERIOR 66. Foundation 67. Basement/cellar windows 68. Drainage (grade) 69. Exterior walls 70. Doors (frames/storms/screens) 71. Windows (frame/storms/screens) 72. Open porches, stairways and decks 73. Cornice and trim 74. Roof covering and flashing 75. Gutters and downspouts 76.Chimneys 77. Outlets, fixtures and service entrance 78. Vacuum breakers on outside faucets GARAGE 79. Roof structure and covering 80. Wall structure and covering 81. Slab condition 82. Garage doors 83. Garage door opener 84. Electrical wiring, outlets, and fixtures 85. Additional Comments YARD 86. Grass coverage 87. Sidewalk 88.Driveway 89. Trees/Shrubs 90. Weeds Page 4of 4 H 66 Evidence of failing foundation. Structural analysis regd. H 67 R/R broken windows M M B 70 R/R broken doors. H 71 R/R broken windows NA B 73 R/R Trim/repaint M B 75 R/R gutter & downspouts. Remove growth in gutters H 76 New fixtures require new flue H 77 Complete service replacement required NV M M B 81 Patch cracks in slab. B 82 R/R garage door. Permit required. B 83 R/R garage door opener. H 84 Rewire garage in accordance with the NEC. Non conforming fence on north side or property M B 87 Sidewalk is missing M B 89 Remove scrub growth B 90 Treat weeds I hereby certify that the above report is made in compliance with the City of Columbia Heights City Code, Chapter 5, and that I have utilized the care and diligence, reasonable and ordinary, for meeting the certification standards prescribed by the City Property Maintenance Code. I have found no instance of non-compliance with the items listed above as of the date of this report, except those designated herein. Larry Pepin 763-706-3677 8/27/09 Evaluator Signature Phone Number Date 63 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 12, 2009 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approval of a 4-foot width variance for the BY: Jeff Sargent, City Planner BY: ,! '~ s construction of a detached garage at 3704 DATE: October 7, 2009 °~ - ` ~'~ T ler Street NE. BACKGROUND: At this time, the applicant is requesting a 4-foot width variance to construct a new detached garage per Code Section 9.106 (C)(1 j(mj. Currently, the property has a significant grade differential from the back of the lot to the front. There is also a mature tree in the general area where a new detached garage would be located. Because of the grade change and the location of the tree, the detached garage would have to be located at the minimum setback distance of three (3) feet from the side and rear property lines. Given this location, the largest garage that could be constructed would be one measuring 16' x' 20'. The severe grade change is an adequate hardship to justify this variance request. RECOMMENDATION: The Planning Commission recommended approval of the 4-foot width variance for the construction of a new detached garage at 3704 Tyler Street with a 5-0 vote at the October 6, 2009 Planning and Zoning Commission Meeting. RF_COMMENDED MOTION: Move to waive the reading of Resolution 2009-166, there being ample copies available to the public. Move to adopt Resolution No. 2009-166, approving a 4-foot width variance for the construction of a new detached garage at 3704 Tyler Street, subject to the conditions outlined in Resolution No. 2009-166. ~ttacl?r~?e~?tc: Recnlz,tzon 2009-166; P+7 Menlo; Location Man. Site flan, Lette~^ rrom Applicant COUNCIL ACTION: 64 RESOLUTION N0.2009-166 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR CAROLINE BECKER WHEREAS, a proposal (Case # 2009-1001) has been submitted by Caroline Becker to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3704 Tyler Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 4-foot width variance for the construction of a new detached garage per Code Section 9.106 (C)(1)(m). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on October 6, 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 IT 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: Because of the particular physical surroundings, or the shape, configuration, topography, or ather 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. Tiie granting of the variance .s :n harmony .vltil the general purpose and intent of t}te 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. 65 Resolution No. 2009-166 2 FURTIEIER, BE IT 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 garage. 3. The garage shall be architecturally compatible with the existing principal structure, incorporating similar building materials and colors. Passed this 12t~' day of October, 2009 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 66 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-1001 DATE: October 6, 2009 TO: Columbia Heights Planning Commission APPLICANT: Caroline Becker LOCATION: 3704 Tyler Street NE REQUEST: 4-foot width variance for a detached garage PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting a 4-foot width variance to construct a new detached garage per Cade Section 9.106 (C)(1)(m). The City's Zoning Code requires that all new accessory structures be no less than 20' x 20' in size. The proposed plans indicate that the new detached garage will be 16' x 20'. For this reason, a 4-foot width variance is required. ZONING ORDINANCE The property at 3704 Tyler Street is zoned R-2A, One and Two Family Residential, as are all the properties in the surrounding area. The requirement fora 20' x 20' garage per City Code is to ensure that all new garages would be capable of storing two (2) vehicles. The subject property currently does not have a garage and the applicants would like to add one for their use. Currently, the property has a significant grade differential from the back of the lot to the front. There is also a mature tree in the general area where a new detached garage would be located. Because of the grade change and the location of the tree, the detached garage would have to be located at the minimum setback distance of three (3) feet from the side and rear property lines. Given this location, the largest garage that could be constructed would be one measuring 16' x' 20'. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as residential. A variance to allow the construction of a new accessory structure would be consistent with the intent of the Comprehensive Plan guiding of the area. City of Columbia Heights Planning Commission October 6, 2009 3704 Tyler Street _ Garage Variance Case # 2009-1001 FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The topography of the property is the hardship in this case. There is a small area adjacent to the alley that sits on a plateau in relation to the rest of the yard. This area is only large enough to construct a 16' x 20' garage without massive excavation and regarding of the existing property. The applicants would also like to save a large mature tree, which the granting of the variance would allow. ,x f. r --K b) 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. The topography of the property is unique and generally not applicable to other properties within the same zoning classification. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. d) _ The hardship was created by the lay of the land and not by any person currently having a legal interest in the property. e) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. Page 2 68 City of Columbia Heights Planning Commission October 6, 2009 3704 Tyler Street -Garage Variance Case # 2009-1001 The Comprehensive Plan guides this area as residential. A variance to allow the construction of a new accessory structure would be consistent with the intent of the Comprehensive Plan guiding of the area. f) 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. The granting of the variance would not be materially detrimental; rather it would create more value to the property, thus enhancing the neighborhood. RECOMMENDATION Staff recommends approval of the 4-foot width variance for the construction of a new detached garage located at 3704 Tyler Street because the hardship justifies the construction of an undersized structure. Motion: That the Planning Commission recommends that the City Council approve the 4-foot width variance for the construction of a new detached garage per Code Section 9.106 (C)(1)(m) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 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 garage. 3. The garage shall be architecturally compatible with the existing principal structure, incorporating similar building materials and colors. ATTACHMENTS ^ Draft Resolution ^ Location Map ^ Site Plan ^ Letter from the Applicant Page 3 69 3704 TYLER STREET ~9 s 1 3958 GO U LD J a9ss 8 ~ ~ 3959 ~a amovaoc~m x111 '9 S 57 3952 °0 0000000 ~ 39st ~~` 3,93, s 51 3951 950 ,r, r. r. r..r..r ~- e- .? 39 S S 47 ~ - 3s3s 39~, r 43 ~ o ~ M v 05y "'s 39 3932 ~ o 0 0 0 ~ ~,9 30 3 "sy' S 35 3939 3940 LLl ~ s 39 6` ~, 3j 39 31 392$ d ._ "'9 `'? ~, 93u' 39 ~s u' ? 23 3924 0 ~p"~6 3 ~8 ~,9 s?) s~6 3918 ® sT? "''9 ~s 15 3912 3919 ~ 3`90 3s ?`~ 3s® 8 79 u'9 6' ~' 1~ 3910 ~' -, ` 91~ ~ 0pG 39 3si3, 3s0 0`~ 3s~ ~ 3900 ~ ~ 3901 3900 s0~st 3905 O9 1121 O 3901 ~ 39TH RVE 3859 1100110 3868 1200 ~' 53 3854 3853 940 950 3850 "'8,, gds 5~ 38 38 ~~ 49 3851 3d'42 .,~~ 3 3869 S 388 41 3844 3847 3827 3840 ~~ ~, 8sS 388 S s 39 3841 3830 ~,8 8s3 3 38 6 35 3837 38?8 u'8 `S`9 v' p"'p "'pd "~' v' 29 82p 38 4S 8 30 8 388 25 3828 3825 38r4 38 39 3 38 `~8,p3, 23 3 8 19 38 3 `? 3 <' 38 08 8~j 8r6 ?s ~'d, 15 LLI 38?r "8r0 ~'~y0 ~? 07 W 3 38rs 380 3? 800 s 380 801 3800 > 809 O 3 3j ~'~+ 3732 729 Q 3701 380 3j30 3 ~'~? `~ 3 3 725 3722 Q ~O~ 3j4r S 3~?s 3~3 a)~~ 8 `~,~, 721 ~ 3j 3 dj O 717 3718 Z !vQ" 3 33 ~ S 3jr rs 3j~ 37 713 3710 LLl ~~ ~`'> >7 `~ ~ 31 `~ 711 3706 3 ?r r3 ,~~ O N M M o o g r- M 705 3700 3701 ,rte 961 3701 ^~ 3702 Q 3709 701 Location Map 70 .. r, ' '/+' t+.. ".`tl! ~tY".Y, '•~!t,~vR~W~~'~~evk :{+n( ,. i.;. y.. ~. f N .. t ~.1 /~ + y S a~. I uYY N)~•(~5 ~f t 'fy ).1 u ` +~ ~ i~ ~ ,,• • .7 V (/'~) }(-`~~ ~r~ ~ ,,! ~y ~+~q.. . ~t,~~yASUREMENrS SNO y~N ~-!N F~'~7', i{NQ yD~~ l'~~C',~.0~~~~', ~'Q,/1T 1 . F l! 1 \ ~YA~~r-iti"n i/~~lrji-~ n`til'U 1"i •iJi r~ a :A` t(,+~~4 '~ a t ~ ) t . `~ tftlR~'H'SURY.E",i'~NG;~J~Y~,r ~+,, ~~+ '.~ .:"sch~,r~ ~~ ~~~r i HERESY CERTifY THAT THlS SURYEY.. PLAN OR REPORT :., }'f"'~WZ`i~FF`~'RS .. tS~;"~~t~~ '~~~~~' ~'t' ." ~ ;.::,r,;, WAS PREPARED BY OR uNDER 1~Y OIRECT. St1P~RYlSlON ,.• •` ,~(~ ~~~/'~y ~5542i~L ~,~~~( td ~`~ ~ • AND THAT t A6l lY L 1 CEN5ED l.ANO, SUR EYOR VNDER +• PHA~Rfj 788..8 ~ c•F~`~18~~ 7~8•-7642 ~` °.. DATE~'t'~ ~;:7 C?'.~ THE LAW5 OFT STA E OPT • • E- A( ~.KURTH URY a OA l.;CO~I ~ i'~h ~~ p:, ..,) RON • l~QN1J~(#ENT SGT r ~'. ' ~ ~ i,i •,~ 'C Ct1?9~# 7i Leh t 6~ t 3 Randy L e Ku # h " . L , S s Na 20270 Y k '"~ , ' ', ~{ , Russell J, Kurth, LoL.S, No, 18l l3 t ~ ',~ t. ,% "'`' ` •~ f. ' t~ Y i 'T ... ` 't. t .1 't .a ` ~ is ~ ... ... ~,~ r I ~ ;.: ; / ~y e ) t t~ /f j s vt~ t~ y .t al t t '+ ~ ~' f6 ' ~ . , o ~~-e. .~ L'°~., of i~0 \ ~ `' ' ~N JNC klfa~l i ~,,,y ;y ~ ~ ~ ~ ~ ~~ `..q, Y , ~ ~ y; , {~, `~:: ~~` ; 4,Yt * ; ~ ~ ~ ,yam '. it ` F t'11 t ~ ' JR ` ~ r ... . l.-~~ ~.~.. ~L '~,~ar...y~..i~'~'t (.711 ~ ~. ~~,` " weer ' ~ s , , r ' 'Y~(G~i..'TO~.S.`~ ly`C '~c~~`/I~'•Vi~at~ar"{ :, t t ~ 1a~~}1+ v+ ~ ~t { `> ,. ? '(r, t _ .. 0~- Q-~~i'7t,.. n.~di~'l!~. ~ 41...t.. ~j ,:4 +~tt t *+Y . ' 1 + (t s ~ •~ /~ //11hh ^{'ry+~ (dry ' '' ~('.t .~, ~ K~r , t.. ~ 1a.~a Ml ~i"•i~ 4.VV ~, 1 ~a 1- V~° ~ , r~.~ 1 4} C7. ' y y 7.. ~v DtV O ~ ~. ~. ~ ~t.'y G ~ a ~. i c7 Cc b'T ~~~~ ~ ~. •'i-; t{ t~r'i~; ;~ ' t:,i~ `C C:o ~.. ~~ is ~. "~ ~ rl ~. ~-1. N. o •, • i.. ~4: ~f F ...{+: ,,: i~ _~~ ~. ,~ ~k r ,~~~ ~ , ~° '-ass g s ~,P~ r ~ ~ ~ ~_~ _ , J ~.~ ra ,~'~ ~a~.. ~. f r.'~ i i~ , ,~ ~~ ~t~ ~" ..ma 3t d rt iif ~ y I, . T. __ 'F,~ ~~ (1- d4_ ~ ~" f" ~;~; i~ ~ ~ iy~ 4~~~~ Y ~ _.. At ~. .W ~~ - a ~ ~~ I - , .~ : a ? %~ r •-y . 4 - ~~ ~. a''° E ~~ ~,.. , 9 ~ - -,. ~~ • „p, ,. .. = a.NY t w ~. ~.. .~J_~Y .... ~~~ ~ ~s"`af4:..,y,~„+~' ::axe.. ' ' .. 72 September 8, 2009 TO: Columbia Heights City Staff, Planning Commission and City Council. S90 40th Ave NE Columbia Heights, MN S542I FROM: Caroline Becker 3704 Tyler St. NE Columbia Heights, MN 55421 RE: Variance request at 3704 Tyler St. To Mr. Clary Peterson and the Columbia Heights City Council Members, I am writing to request a variance to city ordinance 9.l O6G at my property, 3704 Tyler St. NE. This ordinance requires detached garages to be a minimum of 20' by 20' in size. The configuration of the driveway and yard at the aforementioned property is not conducive to a 20' x 20' garage for a number of reasons. The current garage plan places a i 6' x 20' garage on the north side of the driveway. The driveway is approximately 20' deep between the back yard and the alley, sa a 16' garage would allow for the required 3' set-back from the alley. Adding four feet to meet the ordinance would require removal of a large tree, extension of tlxe driveway over the hillside and raising the sloped back yard approximately 4' to match the grade of the driveway. Placing a 20' x 20' garage on the south side of the driveway would require much of the same -removal of another tree, removal of the retaining wall, and raising the grade of the yard to match that of the driveway. In addition, both options would also require removal and reconstruction of the cement stairs drat allow access to the driveway from the back yard. Lastly, the configuration of the driveway and size of the lot will not allow side load for access for a second car; it is too narrow. Adding the cost of a tree removal, fill and compaction, extra deep foundation, removal and replacement of the concrete yards stairs in total would add 4000.00 to 6000.00 to the cost of the garage project. I cannot justify these extra construction costs far a basic garage. Please consider granting approval of this variance request far a 16' x 20' garage at 3704 Tyler St. NE; it would allow for a much needed improvement to a unique property within Columbia Heights. Thank y~, r ~{ Caroline Becker 612-418-5733 3704 Tyler St. NE Columbia Heights, MN 55421 73 CITY COUNCIL LETTER Meeting of October 12. 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: ~ ~ `° LICENSE NO; DATE: October 6, 2009 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Property Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees and penalties. RECOMMENDED MOTION: Move to issue arental-housing license to Dave Nelson to operate the rental property located at 4122 Madison Street N.E. in that the provisions of the Property Maintenance Code have been met. COUNCIL ACTION: 74 CITY COUNCIL LETTER Meeting of October 12, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL `~. ~® ITEM: Rental Housing BY: Gary Gorman BY: ~ ' Licenses ,~ 'a `rf,% NO: DATE: October 6, 2009 DATE: Approval of the attached list of rental housing 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 October I2, 2009. COUNCIL ACTION: 75 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 20268 Guardian Property Management Property Address: 804 51 ST AVE NE 30104-NC Cities Investment Group, LLC Property Address: 4656 POLK ST NE - 4658 POLK ST NE 30500 Anoka County Community Action Program Property Address: 3932 CENTRAL AVE NE 10029 Osama Abdel-Kerim Property Address: 5057 UNIVERSITY AVE 10306 Bobby Anglin Property Address: 4422 7TH ST NE 20058 Katherine Crosby Property Address: 1162 CHEERY LN NE - 1164 NE CHEERY LN 12203 James Graham Property Address: 4409 MONROE ST 10258 Garrett Larson Prope~tyAddress: 2226 HIGHLAND PL NE 12163 Grace Lee Property Address: 4209 WASHINGTON ST - Up/Down 30104-NC Todd McGrath Properly Address: 4656 POLK ST NE - 4658 POLK ST NE 20177 William Miller Property Address: 4533 WASHINGTON ST - 4535 Washington Street 10215 Kimberly Murphy Property Address: 3863 RESERVOIR BLVD 30077 Robert Owens Property Address; 4550 nJ!AvISO,y ST 20256 Candace Peickert-Arndt Property Address: 1415 PARKVIEW LN - 1417 NE PARKVIEW LN 10061 Brian Ruesink Property Address: g05 50 1/2 AVE NE 10/06/2009 11:02 76 Page 1 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 12007 Mary Shaw Property Address: 4212 WASHINGTON ST 20406 Audrey Stanch Property Address: 4556 FILLMORE ST ®4558 Fillmore Street 20422 Isadore Stewart Property Address: 4606 POLK ST NE 10/06/2009 11:02 ~~ Page 2 CITY COUNCIL LETTER Meeting of: October 12, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: October 7, 2009 BY: ~,~~ BACKGROUND/ANALYSIS Attached is the business license agenda for the October 12, 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 subrnitted, certain information cannot be released to the public. RECOMI~~NDED MOTION: Move to approve the items as listed on the business license agenda for October 12, 2009 as presented. COUNCIL ACTION: TO CITY COUNCIL October I2, 2009 ~a *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES 2009 BLDG *Plumbing West Inc Great Qulaity Plumbing *Adam's On'time Plumbing *BJ & M Plumbing *Construction Results Inc Masterpiece Homes Inc 23248 Walden Ave, Hutchinson $60 4118 Oakbrook Curve, Eagan $60 13791 Jonquil Ln, Dayton $60 2129 Division St N, No St Paul $60 14170 23`d Ave No, Plymouth $60 127 East Co Rd C, Little Canada $60 79 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: October 12, 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 132024 through 132183 in the amount of $1,147,437.22. 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RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-1.61. and 2009-167 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-161 and 2009-167 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: 89 RESOLUTION 2009-161 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 Sushumna Aggarwal (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4251 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 17, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on August 10, 2009 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address, 2. That on September 17, 2009 inspectors re-inspected the property listed above. Inspectors noted that 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 October 2, 2009 inspectors reinspected the property and found that violations remained uncorrected. 4. Tl1at based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove the dead tree in the back 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 I . That the property Iocated at 4251 Jefferson 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. 90 ORDER OF COUNCIL 1. The property located at 4251 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: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 91 RESOLUTION 2009-167 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 Bank of New York Trust Company (Hereinafter "Owner of Record"}. Whereas, the owner of record is the Legal owner of the real property located at 1218-20 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 7, 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 2, 2009 the Fire Department responded to a fire at the address listed. above. After the situation was under control the Fire Chief ordered an immediate abatement and that the building secured. The owners were not able to secure the building. The Fire Chief ordered DuAll Services to respond to the scene and secured the building with plywood. 2. That on October 7, 2009 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 3, That based upon said records of the Fire Department, the following conditions and violations of City Codc,s(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous situation located at 218-20 Circle Terrace Blvd. N.E. 4. 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 Cade Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1218-20 Circle Terrace 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 92 1. The property located at 1218-20 Circle Terrace Blvd.. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 93 CITY COUNCIL LETTER Meeting of October, 12 2009 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BYE `;~~r~ Revocation DATE: October 6, 2009 DATE: NO: 09-162 to 09-1.63 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2009-162 - 3826 Buchanan Street 2009-163 - 3732 3ra Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-162, and 163 being ample copies available to the public. RECOMMENDED MOTION: Move to adapt Resolution Numbers 2009-162, and 2009-163 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. COUNCIL ACTION: 94 RESOLUTION 2009-162 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of that certain residential rental license held by Refugio Martinez (Hereinafter "License Holder"). ~7Vhereas, license holder is the legal owner of the real property located at 3826 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 September 16, 2009 of an public hearing to be held on October 12, 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 31, 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 September 16, 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 fallowing conditions and. violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belo.,g~ng t!J the T i(`enCP I-Iolder (jPC(`.Ylbe(~ l"1eYetn alld ~dentl l led by license number U3826 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first 95 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by; Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 96 RESOLUTION 2009-163 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 Newport Investments (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3732 3rd 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 I-Lolder on September 23, 2009 of an publie hearing to be held on October 12, 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 18, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was rnaited by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on Septembe 23, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 3. That on October 8, 2009 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations ofthe City's Property Maintnenance Code were found to exist, to-wit: a. Down -Shall repair the trim around the entrance door b. Down -Shall paint or stain the wooden vanity in the bathroom c. Down -Shall replace the broken glass in the east windows of the bedroom d. Down -Shall replace the missing hand on the bedroom closet door e. Shall repair the trim on the bedroom floor molding £ Down -Shall repair the closet door in the bedroom so that it fully closes g. Down -Shall replace all the missing tiles in the bathroom h, T~Jp _ Shall repair/remn~~e the mnld and mildew froim around the t~tb and window in the bathroom i. Up -Shall recaulk the tub j. Up -Shall scrape/paint the wood. doors (entrance) k. Up -Shall install the screen door on the up and down entrances [. Up -Shall replace the broken windows in the kitchen m. Up -Shall repair or replace the kitchen cupboard doors that do not close and latch 97 n, Up -Shall install a thumbturn style deadbolt lock on the front/back entrance doors of the up and down units o. Shall secure the hanging water pipes in the laundry room ceiling p. Shall repair or replace the screens on the building q. Shall secure the two gas pipes on the laundry r. Shall repair or replace any areas of fencing that are missing or detached s. Shall scrape/paint garage and repair any rotted or loose board t. Shall cover the exposed wiring on the garage near the service door u. Shall remove all/any tree stumps from the yard v. Shall repair any/all holes in the side of the steps 5. That ald 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 F9882 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 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 98 CITY COUNCIL LETTER Meeting of: 10/12/2009 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2009-160 BEING A BY: K. Hansen BY: y -~~ RESOLUTION LEVYING AND ADOPTING THE DATE. 10/6/09 DATE: ASSESSMENT FOR ALLEY LIGHT AREA NO.677-43 Background: ®n September 14, 2009, the City Council established a Public Hearing for the formal consideration of assessing an alley light to benefited properties, as requested by petition. The light is located behind 3906 2"d Street. The petition is for one protective light (night watchman) to be retained on the existing pole. There will be 4 parcels included in the assessment. Of these 4 parcels, 3 property owners signed the petition in favor of retaining and assessing for the alley light. Currently, the monthly cost to each of the benefiting homeowners is $1.00 per month. This cost may increase with increases in the electric rates. Recommended Motion: Move to close the public hearing and waive the reading of Resolution No. 2009- 160, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2009-160, being a Resolution levying and adopting the assessment far alley light area no. 677-43. Attachment: Resolution with Assessment Roll Notice of Public Hearing Map COUNCIL ACTION: 99 RESOLUTION N0.2009-160 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT AREA N0.6~~-43 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley light area numbered 677-43 VVI~REAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 12`" day of October, in the City Council Chamber, 590 40t" Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and. be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-43 for Alley lighting, a copy of which is attached hereto and made a part hereof. Section 2. That this Council hereby finds and determines that each of the Lots and parcels of land. enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. Passed this 12t" day of October. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 100 ASSESSMENT ROLL FOR LOCAL IMPROVEMENTS ALLEY LIGNT: 677-43 PIN ADDRESS 35-30-24-32-0055 3910 2° Street NE 35-30-24-32-0056 3906 2" Street NE 35-30-24-32-0057 151 39` Avenue NE 35-30-24-32-0058 3909 Main Street NE 101 CITY OF COLUMBIA HEIGHTS NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Columbia Heights, Minnesota has determined the following Public Hearing be held on October 12, 2009, at 7:00 P.M. in the City Council Chamber, 590 40`h Avenue N.E. to consider: P.LR. 677-43 PROJECT NO. 0910 • Retention and maintenance of one (1 }protective light (Night Watchman) in the alley, on the pole behind 3906 2"d Street. • At this time, the annual cost is $12.00 per parcel. The cost may increase with increases in the electric utility rate. • This special assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. PARCELS PROPOSED TO BE ASSESSED: Said street light installation is to be considered pursuant to Minnesota Statutes, Chapters 429. The retention and maintenance is to be specially assessed on a unit basis against properties abutting the alley and listed below. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number, check your real estate tax statement. 35-30-24-32-0055 35-30-24-32-0056 35-30-24-32-0057 35-30-24-32-0058 Persons desiring to be heard with reference to the proposed light will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. ADOPTION OF PROPOSED SPECIAL ASSESSMENT Notice is hereby given that the purpose of this Public Hearing is also to adopt assessment roll 677-43, for the area of alley lighting. The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The City Council may levy and adopt special assessments that are the same or different than the proposed amount. ASSESSMENT ROLL AVAILABLE FOR INSPECTION The proposed assessment roll is now on file for public inspection at the City of Columbia Heights Clerk's Office, 590 40th Avenue NE, Columbia Heights, Minnesota. You are invited to examine the assessment roll prior to the hearing during business hours; no appointments are necessary. The assessment roll will also be available for examination at the hearing. OBJECTIONS AND APPEALS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subsequent meeting. Minnesota Statute, Section 429.061, states that no appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 429.081, by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within (10) days after service upon the Mayor or the Clerk. ACCOMODATIONS 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 handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 763-706-361.1 to make arrangements. (TDD/763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST CITY MANAGER Published in Focus on September 24, 2009 and October 1, 2009 102 ~ a ~ ~ a p s'W'^ ~: .. V J ~ ~ °. J o ~ Oww U ' a U ' Q Q G f" ~ ~~ _.'°" , = r ~ _ ~ ~ U1 J a Z "a ~ ~ { W W J 0 d C ~ m a Z W ~ ~ ~ S ~ J c9 a rn w o _ ~ N - m & m ? _ = 4 G ~~ ~y° J W Q Y !, OZ_ ~ €VU' tit OW ~¢ 9~'N as F- m m U C7 ~ ~ R .~~rv~ ,,...n .;;~~, - ~ ~ ~ b K® ~,,;,.- ~ ~~ rv v ~V N ,. ~ ~ ~,,.---~ ~ ..._ ~ _. _.~_.~~ _..~ _n ~...~. ~_~ ..__... .~. ._~._ ~F: ~ k __ ~ M ~Z ~~~~.. ~ _ N N O i00!a'lpp;Cp? ~"~-~~" ~.~ C7 ~ C3~ ~,,~,~ ,....~.~_.~..~ 39CJQ M M M~ M M~ M ....,. _. OZ ~ ~~ "~ , r ,M~- ~ ~_. ..~~. ~..__ ._~__.__~._ 1.S ®N G ~~~ ~ ~ Yq}y N O Cfl ; tU d' O! O ~~jd0'=~~M~ N N~Nrr- r O !t1~ fit" O ~O Cfl ~Ci~IO'1 O O' O 007~t~;Q~ 07~ O X00 OC O O , M ~ d. ~~. _ ~MM MGM: M M4M~M M M ~"~ _'_ _ r ~ 6 g ~ ~ ....._..W.~..... _,. ~ -,....~....~. ,..me.... ~ .........,. ~.. .~.w.,..,. ...,...,..,..~. .,._....._..-.w.m- 3 3 1` ~M d' O ~ O p r~M~ C7 ~N~ r O ; ~ ~ C~ I p ~ p d' ~ ~~0~ ~ ~ p. O~ p € ! 00 O O E ~ ~O O M B ~ M d' ''d' ~ ~ ~ M M ~M~M~ M ~MMi M fi ~ j}~! 1 f z ~ ~ 5 ~~ I { ....,..w....,. ( ~ x F ~, E ~,......« ....... .......M..,L...~.... ___.~ ~_ _.~_ 1 S N 1 d W w._~ ...__. ____ . _.,...,...... .,. £ i b g a k t ' , CO O CO N 00 N 00^, d' ~ CU d' O ~ O ~ ' O O O O~°Ci~ Q>;C~~O~ O~ 07 3M ~ ~~ M g M M M~MMM~ M~ M M M~ M ~ ~: ~ ~ ~M ~ ~ ~ ~_.m..__~w.~ ! ~ ;____ COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: October 12, 2009 AGENDA. SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL p ITEM: Approval of a Site Plan for shared parking BY: Jeff Sargent, City Planner BY: °~~ at 4301 Central Avenue. DATE: October 7, 2009 BACKGROUND: At this time, the applicant is requesting a site plan approval in order to share the adjacent business's parking area in order to meet the minimum requirement for parking for asit-down restaurant and adjoining grocery store. Currently, there is not enough on-site parking at 4301 Central Avenue to satisfy the minimum parking requirements of the City Code. The proposed sit-down Filfillah Restaurant and adjoining grocery store requires a total of 26 parking stalls. Currently, there are 22 parking stalls on site, which leaves a deficiency of 4 stalls. The adjoining business is Laundry World. Laundry World requires 13 parking stalls and currently there are 21 stalls available. Laundry World has 8 excess parking stalls in which they would be able to share with the applicant. The site plan indicates an additional 25 parking stalls to be added to the Laundry World property as part of the agreement between Laundry World and the applicant. Although Laundry World currently has ample parking to suffice the minimum requirements of Filfillah and the grocery store, the applicant would like to construct the additional parking stalls to ensure that there will functionally be enough parking to accommodate his businesses. The applicant also does not want to impede on any existing parking that the Laundry World has. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on October 6, 2009. They voted to recommend City Council approval of the site plan with a 5-0 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-165, there being ample copies available to the public. Move to adopt Resolution No. 2009-165, approving the shared parking arrangement between the property at 4301 Central Avenue and 4315 Central Avenue, subject to the conditions outlined in Resolution No. 2009-165. Attachments: Resolution ZUUy-16.5; Y+G Memo; Location Map; J'ite flans COUNCIL ACTION: 104 RESOLUTION N0.2009-165 RESOLUTION APPROVING A SITE PLAN FOR SI3[ARICD PARKING AT 4301 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WI~REAS, a proposal (Case #2009-0901) has been submitted by Salman Abu-Sara to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4301 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Pian approval for shared parking per Code Section 9.106 (L)(9). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on October 6, 2009; VVI~REAS, the City Council has considered the advice and recommendations ofthe Planning and Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings: l . The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. FURTI3ER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and. approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 ~nlvrdc~Y ?~PnN after the approval date_.; st~bjec_.t to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of t11e shared parking use. 105 Resolution No. 2009-165 2 2. The applicant shall install a 6-foot screening fence as indicated on the approved site plan. 3. A sign shall be installed to designate the existing Laundry World parking as exclusive to Laundry World customers. 4. A directional sign shall be installed on 4301 Central Avenue to direct patrons to the additional parking at the rear of the property at 4315 Central Avenue. 5. The 25 additional parking stalls shall be added to the property at 4315 Central Avenue as per the approved Site Plan. 6. The existing pylon sign for the mattress store shall be removed.. Passed this 12`" day of October, 2009, Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 106 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-0901 DATE: October 6, 2009 TO: Columbia Heights Planning Commission APPLICANT: Salman Abu-Sara, Filfillah Restaurant LOCATION: 4301 Central Avenue REQUEST: Site Plan Approval for Shared Parking PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The owners of the Filfillah Restaurant, located at 4301 Central Avenue, and the adjoining tenant space would like to re-open the restaurant and use the adjoining tenant space for a grocery. At this time, the applicant has received a permit in order to open the restaurant as a carryout restaurant only, which would meet the required amount of parking for the site. However, in the future, the applicant would like to open the restaurant as a sit-down dining restaurant. Therefore, the required amount of parking generated by the proposed full-service and grocery stare is more than the number of parking stalls currently on the property. Per Code Section 9.016 (L)(9), the City Council may approve the use of a required off- street parking area on an adjacent site in the form of a site plan approval for shared parking. At this time, the applicant is requesting a site plan approval in order to share the adjacent business's parking area in order to meet the minimum requirement for parking for the full-service restaurant and adjoining grocery store. COMPREHENSIVE PIr4N The Comprehensive Plan guides this area for Commercial related activities. Allowing the shared use of parking facilities would enable the businesses to prosper, which would be consistent with the intent of the Comprehensive Plan for commercially guided properties. ZONING ORDINANCE Section 9.106 (!_)(9) of the Zoning Code outlines specific conditions in order for the City Council to approve the use of shared parking. They are as follows: City of Columbia Heights Planning Commission October 6, 2009 4301 Central Avenue, Filfil/ah Shared Parking Case # 2009-0901 The use for which the application for shared parking is being made is located within 300 feet if the use providing the parking facilities. The proposed location for the shared parking is on the property immediately to the north, currently occupied by Laundry World, located at 4315 Central Avenue. 2. Subsections 9.106 (L)(9)(b) - 9.106 (L)(9)(d) relate to whether the use in question is a nighttime, daytime or Sunday use. In this case, both uses are daytime uses. The Code imposes restrictions on what percent of the shared parking can be used for each type of use, with the assumption that each business only has the minimum amount of required parking. In this case, the Laundry World has an excess amount of parking, in which the owner is willing to share with the applicant. This is consistent with the Zoning Code. 3. Contract. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. The applicants have submitted a cantract between themselves and the owner of Laundry World for the shared use of the parking facilities. The City Attorney must approve this contract. PARKING. At this time, the proposed Filfillah Restaurant will have a maximum of 40 fixed seats, and a kitchen square footage of approximately 300 square feet. Per City Code, the required amount of parking stalls is equal to 30% of the building occupancy capacity. Given this, the restaurant is required to have 12 parking stalls, plus 1 stall for the kitchen, for a total of 13. The proposed grocery store will be 4,318 square feet in area. City Code requires 1 parking stall for each 300 square feet of gross floor area, which is derived by taking 90% of the overall square footage. Given this, the grocery store is required to have 13 parking stalls as well. In total, the applicant's businesses are required to have 26 parking stalls. The site plan indicates that there are only 22 on-site parking stalls. For this reason, the neighboring property would have to share 4 parking stalls in order for the applicant to meet the minimum requirement for on-site parking. Laundry World is 4,125 square feet in area. City Code requires 1 parking stall for each 300 square feet of gross floor area, which is derived by taking 90% of the overall square footage. Given this, Laundry World is required to have 13 parking stalls. Currently, there are 21 on-site parking stalls, giving them an excess of 8 parking stalls. For this Page 2 108 City of Columbia Heights Planning Commission October 6, 2009 4301 Central Avenue, Fi/fi//ah Shared Parking Case # 2009-0901 reason, Laundry World would be able to share 4 of its parking stalls and still meet the minimum requirement for parking. The site plan indicates an additional 25 parking stalls to be added to the Laundry World property as part of the agreement between Laundry World and the applicant. Although Laundry World currently has ample parking to suffice the minimum requirements of Filfillah and the grocery store, the applicant would like to construct the additional parking stalls to ensure that there will functionally be enough parking to accommodate his businesses. The applicant also does not want to impede on any existing parking that the Laundry World has. As part of the plan, the applicant will be required to install a 6-foot screening fence along the east property line to screen the additional parking spaces from the residential properties to the east. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: The site plan conforms to all applicable requirements of this article The proposed site plan meets all requirements set forth in the Zoning Code related to shared parking. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The Comprehensive Plan guides this area for Commercial related activities. Allowing the shared use of parking facilities would enable the businesses to prosper, which would be consistent with the intent of the Comprehensive Plan for commercially guided properties. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4o The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan will alleviate parking concerns for the businesses in question. Measures will be taken to ensure that neighboring property owners will not be affected by added parking to the site (screening fence). Page 3 109 City of Columbia Heights Planning Commission October 6, 2009 4301 Central Avenue, Fi/fil/ah Shared Parking Case # 2009-0901 RECOMMENDATION The site plan conforms to all standards outlined in the Zoning Code as it relates to shared parking. Staff recommends approval of the site plan for the development located at 4301 Central Avenue. Motion: That the Planning Commission recommends that the City Council approve the site plan for a shared parking arrangement for the property located at 4301 Central Avenue per Code Section 9.106 (L)(9) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. 2. The applicant shall install a 6-foot screening fence as indicated on the approved site plan. ATTACHMENTS • Draft Resolution ^ Location Map ^ Site Plan • Copy of Contract Page 4 110 301 CENTRAL i! 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