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HomeMy WebLinkAbout06/14/2010 RegularCITY OF ~OLt.11VIBIA HEIGHTS Mayor Gary L. Peterson 590 40`h Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers Vtsitourwebsiteat: www.ei.calumbia-hei~hts.mn.us Robert.4. William Brace Nawrocki Tamtnera Diehm Brace Kel_enberg City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at '7:00 PM on Monday, June 14, 2010 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 Pastoral Minister Lorraine Mell, Immaculate Conception Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.} 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. 2010 Humanitarians of the Year -Betty and Glen Krahl B. Years of Service: Richard Anderson -Traffic Commission 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. At~prove minutes of the May 24. 2010 City Council meeting. MOTION: Move to approve the minutes of the May 24, 2010 City Council meeting. p5 B. Accept minutes of the Columbia Heights Boards and Commissions. MOTION: Move to accept the minutes of the January 26, 2010 HRA meeting. p15 MOTION: Move to accept the minutes of the March 1, 2010 HRA special meeting. p21 MOTION: Move to accept the minutes of the Apri127, 2010 EDA meeting. p23 MOTION: Move to accept the minutes of the May 20, 2010 Telecommunications Commission p33 meeting. MOTION: Move to accept the minutes of the June 1, 2010 Planning and Zoning Commission p37 meeting. MOTION: Move to accept the minutes of the May 5, 2010 Library Board meeting. p52 MOTION: Move to accept the minutes of the April 5, 2010 Traffic Commission meeting. p54 C. Approve transfer of funds received from the Minnesota Board of Firefighter Training and p56 Education from the General Fund to the Fire Department 2010 budges MOTION: Move to transfer $2,056.50, the amount received from the Minnesota Board of City Council Agenda Monday, June 14, 2010 Page 2 of 4 Firefighter Training and Education, from the General Fund to the Fire Department 2010 budget. D. Authorize Animal Pound Contract with Camden Pet Hospital for period of July 1, 2010 to July 1, 2013 p57 MOTION: Move to authorize the Mayor and the City Manager to enter into athree-year contract with Camden Pet Hospital as stipulated in the attached contract for the period of July 1, 2010 to July 1, 2013. E. Approve Transfer of Funds for Unique Thrift from General Fund to Police Dept. Budget p61 Overtime Line # 1020, and Neil Nelson training fees from General Fund to Police Dept. Budget Training Line #3105 MOTION: Move to transfer $1,665.00, the amount of money received from Unique Thrift reimbursement for overtime worked from the General Fund to the 2010 Police Department budget line 1020, Overtime; and to transfer $650.00, the amount of money received from various departments for the Neil Nelson "Strategies for the Recorded Interview" training from the General Fund to the 2010 Police Department budget line 3105, Training and Educational Activities. F. Adopt Resolution 2010-41, being a resolution to approve a 200 square foot area variance for wall signage for 4849 Central Avenue. p62 MOTION: Move to waive the reading of Resolution 2010-41, there being ample copies available to the public. MOTION: Move to adapt Resolution No. 2010-41, approving a 200 square foot area variance for additional wall signage for the Savers store located at 4849 Central Avenue, subject to the conditions outlined in Resolution No. 2010-41. G. HVAC Preventive Maintenance Services far John P. Murzyn Hall p76 Move to accept the proposal for HVAC Preventive Maintenance Services, proposal #I'10-0130, from NSI Horwitz for John P. Murzyn Hall. effective June 15, 20I0, based upon their low, qi€ali~ed, responsible proposal and furthermore, to authorize the Mayor and City l~~anager to enter into a contract for the same. H. Approval of rental housing applications for June 14, 2010. p84 MOTION: Move to approve the items listed for rental housing license applications for June 14, 2010 in that they have met the requirements of the Property Maintenance Code. Approve Business License Applications p89 MOTION: Move to approve the items as listed on the business license agenda for June 14, 2010 as presented. J. Approve payment of the bills p91 MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 134886 through 135091 in the amount of $],443,777.42. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS City Council Agenda Monday, June 14, 2010 Page 3 of 4 A. Adopt Resolutions 2010-43, 3849 Haves Street N.E., 2010-44, 4000 6th Street N.E., and 2010- 45, 675 47th Avenue N.E. being; declarations of nuisance and abatement of violations within the City of Columbia Heights. p100 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2010-43, 44, and 45 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2010-43, 44, and. 45 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement ofviolations from the properties pursuant to City Cade section 8.206. B. Adopt Resolution 2010-42, 1008-1010 Gould Avenue N.E. being a Resolution approvin rg~ental license revocation for failure to meet the requirements of the Property Maintenance Codes. p107 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2010-42 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2010-42 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license listed. C. Adopt Ordinance No. 1574 amendinu Ordinance 1490 to re-ador~t the Permit Fee Schedule p110 MOTION: Move to adopt Ordinance #1574 being an Ordinance amending Ordinance 1490 City Code 2005 to adopt the permit fee schedule far Building Construction, Plumbing/Gas Piping, Heating/Cooling, Fire Suppression, Wrecking and Moving, Signs and other related construction work. D. 1st Reading: Ordinance 1582, Zoning Amendment to rezone 4555 Washington Street from R-2B to R-2A. p 117 MOTION: Move to waive the reading of Ordinance No. 1582, being ample copies available to the public. MOTION': Move to set the second reading of Ordinance No. 1582, for Monday June 28, 2010, at approximately 7:00 p.m. in the City Council Chambers. F. 1st Readinu of Ordinance i 581. being a zaning amendment as it relates to outdoor seating. p 124 MOTION: Move to waive the reading of Ordinance No. 1581, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1581, for Monday, June 28, 2010, at approximately 7:00 p.m. in the City Council Chambers. 7. ITEMS FOR CONSIDERATION A, Other Ordinances and Resolutions -none B. Bid. Considerations -none C. New Business and Reports -none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney City Council Agenda Monday, June 14, 2010 Page 4 of 4 9. CITIZENS FORUM At this time9 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. ADJUUPS~IlVIENT ~ F ~' !, I. ~ ~,,• ,p, ~ , , fI r` ~ f,inda L. Magee ~ - ~" `~--~-~' Assistant to the City Manger uman Resources Director LLM/pvm 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 24, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 24, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dan Thompson, Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed item 6B -Resolution 2010-39, rental license revocation far 4960 7th Street N.E. Nawrocki requested discussion under the City Manager's report, new business and announcements. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of new Paid-on-Call Firefighter -Tau. Vang. Fire Chief Gary Gorman introduced our newest Paid-on-Call Firefighter Tou Vang. He has firefighting and paramedic experience. Vang was presented with his helmet. Nawrocki stated that the Anoka County Memorial service will be held on Saturday, May 29, at Morningside in Coon Rapids and at Bunker Hills. The Columbia Heights VFW and Auxiliary will hold their service at 11:30 a.m. on Monday, May 31 at City Hall. Peterson stated that 18 north suburban graduates have been. named scholars and will receive a four year scholarship from Medtronic. Two Columbia Heights students received this award. CONSENT AGENDA Nawrocki requested to remove items C, D, E, F, G, and H for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the May 10, 2010 City Council meeting Motion to approve the minutes of the May 10, 2010 City Council meeting B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the April 7, 2010 Library Board Motion to accept the minutes of the April 15, 2010 Charter Commission C. Establish executive work session for Monday, June ~, 2010. remove D. Approve permits for° the 2010 Jamboree remove Nawrocki indicated the dates for the Jamboree celebration. E. Approve~urchase of 4039 5th Street -Resolution 2010-33. remove City Council Minutes Monday, May 24, 2010 Page 2 of 10 F. Approve Demolition Contract for 4600 Polk, 4606 Polk and 4648 Polk Street. remove G. Adopt Resolution 2010-29, being a Resolution. approving_joint planning efforts with Minneapolis regarding Central Avenue streetcar line. remove H. Approve first reading of Ordinance #1574 to Re-adopt Permit Fee Schedule. remove Adopt Resolution 2010-34, being a Resolution accepting bids and awarding a contract for 2010 Miscellaneous Concrete Repairs and Installations project. Motion to waive the reading of Resolution No. 2010-34, there being ample copies available to the public. Motion to adopt Resolution No. 2010-34 being a Resolution. accepting bids and awarding the 2010 Miscellaneous Concrete Repairs and Installations, City Project No. 1000, to Ron Kassa Construction, Inc., based upon their low, qualified, responsible bid in the amount of $66,803.25 with funds to be appropriated from Fund 401-51000-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. J. Approval of the attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for May 10, 2010 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 24, 2010 as presented. L. Approve payment of the bills Motion to approve payment of the bills out of tlYe proper funds, as 1'rsted in the attached check register covering Check Number 134675 through 134885 in the amount of $1,137,41 1.65. Nawrocki questioned different licenses having the same addresses. Fire Chief Gary Gorman indicated he would verify this and report back. otion by Nawrocki, second by Diehm, to approve the Consent Agenda items, with the exception of items C, D, E, F, G, H. Diehm questioned why there was not a public hearing on the wine license request. Jim Hoeft, City Attorney, indicated. that with the proper paperwork submitted, a hearing is not required. Upon vote: All ayes. Motion carried. C. Establish executive work session for Monday, June 7, 2010. Nawrocki indicated the time would be 7:00 p.m. Fehst stated it may not be necessary to hold this meeting. Motion by Nawrocki, second by Williams, to schedule a City Council Executive Work Session for the purpose of discussing labor contract negotiations on Monday, June 7, 2010 beginning at 7:00 p.m. in Conference Room 1. Nawrocki asked if you. need to convene a regular meeting. Hoeft stated you do not, but must inform the public of the content at the next meeting. Citv Council Minutes Monday, May 24, 2010 Page 3 of 10 Upon vote: All ayes. Motion carried. D. Approve permits for the 2010 Jamboree Nawrocki stated that the Jamboree events will be held at Huset Park. The parade will be on Central Avenue on Friday, June 25. Nawrocki listed the parade route. Motion by Nawrocki, second by Diehm, to authorize staff to close Jefferson Street for the time period from Tuesday afternoon, June 22 through Sunday, June 27, 2010. Upon vote: All ayes. Motion carried. Diehm stated that fireworks will be at dusk on Saturday. Motion by Nawrocki, second by Diehm, to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 25, 2010 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to authorize Fireworks at dusk on Saturday, June 26, 2010 and. to waive the Fire Department fireworks display permit fee. Upon vote: All ayes. Motion carried. E. Ap rove purchase of 4039 5th Street -Resolution 2010-33 Nawrocki asked why the owner is not taking care of this as directed to in December of 2008. Community Development Director Scott Clark stated that the property went into foreclosure and we are buying it from the bank. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010-33 there being ample copies available to the public. Upan vote: APl ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to approved Resolution 2010-33, approving the purchase of 4039 5th Street; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. F. Approve Demolition Contract for 4600 Polk, 4606 Polk and 4648 Polk Street Nawrocki asked if the buildings were inspected to confirm they are not habitable. Clark stated yes, they were. Nawrocki asked if there were bids taken to rehab the buildings. Clark stated that Council direction is to concentrate on this area and reduce the density; they are foreclosure properties. Nawrocki referred to the Grand Central property and the recommended rental units. Motion by Diehm, second by Williams, to approve a demolition contract for All Metro in the amount of $29,000 for the properties located at 4600 Polk Street, 4606 Polk Street, and 4648 Polk Street. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. G. Adopt Resolution 2010-29, being a Resolution approvin joint planning efforts with Minne~olis re a~rdin~ Central Avenue streetcar line. Nawrocki asked the cost of our participation in this study. Clark stated this resolution allows staff to enter into a discussion with the City of Minneapolis in a planning process and staff would bring back a more formal scope of what would be required of us. There may be some studies for land use, etc. This is anon-binding agreement. The intention is to get a formal direction to start a discussion. Nawrocki stated that the Minneapolis representative spoke of 7 City Council Minutes Monday, May 24, 2010 Page 4 of 10 one area and this indicates a different area. Nawrocki read from a statement indicating his background in transportation. This would draw down on bus service. No service pays its own cost. He referred to tax increases and the public safety building debt. He stated that we need to stay away from any more such projects and argued against the resolution. Kelzenberg stated that he could not support the resolution at this time. Williams agreed, stating that we just fixed up Central Avenue. Kelzenberg indicated that we should not give Minneapolis the hope that we are in support of this project. Diehm stated that she was encouraged that the City of Minneapolis reached out to us. What they have asked for today does not require funds, but if the heart of the Council is not in this, we should not give them hope. There will be street cars in the future. Peterson stated that there will be a street car line coming north, whether we are included or not. Seeing the recommended addition of the line from 41St to 49t" Avenues makes a big difference. Maybe only going to 41St Avenue could be worth talking about. Diehm ask staff to communicate Council's comments with Minneapolis and to keep Council informed. Gregory Sloat, 4731 6`" Avenue, indicated that Minneapolis would not be able to obtain funding if the suburbs are not included. Many buses can be bought and maintained for this amount of money. Judith Menita, resident, indicated that Columbia Heights does not have available Land and questioned federal funding. Riders would still have to transfer from buses to the streetcars. 1~eb Johnson, 4626 Pierce Street, stated they could now approach the City of St. Anthony. Dan't complain that they gat a jump on us. H. Anbrove first reading of Ordinance #1574 to Re-ador~t Permit Fee Schedule. Fehst stated these changes are required by the State. Clark indicated that for every building permit issued, the state requires a minimum $.50 surcharge. They have now mandated an increase in fixed fee permits from $.50 to $5.00 for a period of at least one year. There are two different fee groups; valuation and fixed fees. Clark explained these changes several times. Motion Kelzenberg, second by Williams, to waive the reading of Ordinance # 1574, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to schedule the second reading of Ordinance #1574 being an Ordinance amending Ordinance 1490 City Code 2005 to adopt the permit fee schedule for Building Construction, Plumbing/Gas Piping, Heating/Cooling, Fire Suppression, Wrecking and Moving, Signs and other related construction. work to the meeting of June 14, 2010, at approximately 7:00 p.tn. in the Council Chambers. Upon vote: All ayes. Motion carried. 6. PUBLIC HEARINGS A. Adopt Resolutions 2010-36, 4559 Washington Street N.E., 2010-37, 4600 5th Street N.E., and 2010-38, 4448 Tyler Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Gorman listed items to be completed on these properties and. the immediate abatement required. City Caunci( Minutes Monday, May 24, 2010 Page 5 of 10 Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2010-36, 37, and 38 there being ample copies available to the public. Upon vote: Ail ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution Numbers 2010-36, 37, and 38 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. Nawrocki asked. Public Works Director Kevin Hansen what the estimated cost far concrete work was. Hansen stated it was about a one percent increase over 2009. B. Adopt Resolution 2010-39, 4960 7th Street N.E. being a Resolution of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. -removed ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations 1. Adopt Resolution 2010-40. being a Resolution accepting bids and awarding a contract for 2010 Central Avenue Sanitary Sewer Pipe Bursting-~roiect. Hansen indicated this was advertised electronically. Six bids were received. There was a concern with the law bid and the bidder was asked to check his numbers. They will honor the numbers provided, which is 29 percent under the engineer's estimate. Hanson recommended awarding the contract to Ellingson Companies. Fehst indicated that this is a very good bid and credited the Community Development Director's compromise with a developer for saving us over $200,000. Peterson requested that Council's appreciation be passed on to Clark. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2010-40, there being ample copies available to the public. Upon vote: All ayes. ~ otion carried. Motion by Kelzenberg, second by Diehm, to adapt Resolution No. 2010-40 being a resolution accepting bids and awarding the Central Avenue Pipe Bursting, City Project No. 0813 to Ellingson Companies of West Concord, Minnesota based upon their law, qualified responsible bid in the amount of $398,616.50, with funds to be appropriated from Fund 371-50813 and 652-50813; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. 2. Adopt Resolution 2010-35, being a Resolution accepting bids and awarding a contract for 2010 Zone 5 Street Rehabilitation project. Hansen indicated 31 sets of plans were requested and four bids were received. The low bid is $24,000 with the city doing the stripping, to get the number under the budgeted amount. The trail alternate will not be determined until July when we find out if we received trail grant funding. That grant would include a trail, narrowing the road and median work at 39`" Avenue. Staff asked for trail contingent approval upon grant funding from the DNR. The 4`" alternative was the Silver Lake beach connection. Nawrocki questioned the increased cost over the estimate for partial reconstruction. Hansen stated that the improvement hearing was just for street work. Utilities, sanitary sewer, and water main work are above that cost. Diehm indicated. that the base bid is twelve percent less City Cauncil Minutes Monday, May 24, 2010 Page 6 of 10 than estimated to residents at the hearing. Nawrocki indicated his feeling that most of the streets do not need this work. Nawrocki stated that he did not recall approve the bid process for Hart Lake and Silver Lake and that there should have been a meeting for residents of that area. Hansen stated this was discussed with the Park and Recreation Commission and accessed the residents through the homeowner associations. A petition request was received from this area. Donna Schmitt, 4260 Tyler Street, indicated that the Hart Lake section should wait, as there were discussions to change Hart Boulevard. Hansen stated this does not include a cul-de-sac for Hart Boulevard. There are safety concerns addressed with. narrowing roads and intersection visibility correction. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010-35, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2010-35 being a resolution accepting bids and awarding the 2010 Zone 5 Street Rehabilitation, City Project #1002 including Alternates 1, 2, 3 being continuant award, and 4 to North Valley, Inc. ofNowthen, Minnesota in the amount of $565,052.22 plus Alternate 1, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. C. New Business and Reports Nawrocki referred to the city picnic notice and requested to know the cost, as Council cannot accept this without paying their share. Diehm stated that is for reimbursable costs, but supported Council paying their cost to attend the picnic. Nawrocki referred to an anonymous letter on dog problems and asked this person to call him. Nawrocki questioned the status of the root beer stand on 40`" Avenue. Fehst stated. that we have charged them for the work done and we have indicated. to then. that we are considering condemnation. There are also tax issues. Hoeft indicated that staff has contacted hirn regarding the statuary process to take down the building. Nawrocki requested an update on Dave's Heating. Fehst stated that the City Planner has been there several times and the owner is not pleased with the citation he received. The owner has indicated his reasons that the requirements are not completed. He must meet the city's obligation. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki stated that the Charter Commission minutes refer to their annual report. He requested a copy of the report. Nawrocki referred to there not being an available sidewalk from 47`" to 49`'' Avenue during the bridge project, but there is on the Hilltop side and they pay nothing. Nawrocki questioned leasing the prior police and fire stations, as he was told it is being used for more space for city staff. Fehst indicated rental of a fire bay is being discussed. Report of the City Attorney -nothing to report CITIZENS FORUM 10 City Council Minutes Monday, May 24, 2010 Page7of10 Bob Odden, 1201 42 '/2 Avenue, stated that residents are being taxed out of our community. Jason Major, 6241 Avenue, Brooklyn Center, representing Jimmy's Billards, asked the status of their beer and. wine license request. Peterson stated it was approved under the consent agenda. Fehst stated there will also be a future request to serve food. Fehst wished them the best in this business venture. Peterson stated: Don't forget our service men and women; keep them in your thoughts and prayers. Show appreciation and come to the Memorial Day services. Don't take ourselves too seriously, and do a random act of kindness. A)17J®IJ I~IlVIElrT`I` Mayor Peterson adjourned the meeting at 8:24 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2010-34 RESOLUTION ACCEPTING BIDS AND AWARDING THE 201.0 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 1000 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 1000, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received camplying with the advertisement: Bidder TOTAL Ron Kassa Contruction, Inc. $66,803?5 Neeck Contruction, Inc. $91,874.50 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250`" St E, Elko, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized. and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2010 Miscellaneous Concrete Repairs and Installations, City Project No. 1000, for a bid amount of $66,803.25 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shah be retained until the contract has been signed. 3. City Project No. 1000 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. RESOLUTION NO. 2010-33 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4039 5th 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. 11 City Council Minutes Monday, May 24, 2010 Page 8 of 10 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 Portfolio Reat Estate Services. (the "Seller"} dated as of May 7, 2010, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 4039 5th. Street Northeast and legally described as follows: Lot 25, Block 52, Columbia Heights Annex(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 and is on file with the City Manager. Section 2. Avproval and Assienment. 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 $38,000. City staff and officials are authorized and directed to take afi such otl'ier actioffs to complete the purchase of the Pt°operty, 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 assignment. RESOLUTION 2010-36 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 Rodney C. Olson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4559 Washington Street Iv'.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 May 3, 2010. 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 March 30, 2010 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 May 3, 2010 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 May 14, 2010 inspectors re-inspected the property and found that violations remained uncorrected. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall replace all rotted woad on soffits and window trim on the house and garage, shall scrape and paint the garage, and replace the missing gable vent on the south side of the house. 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 Code Section 8.206(A) and 8.206(B}. CONCLUSIONS OF COUNCIL I. That the property located at 4559 Washington Street N.E. is in violation of the pravisions of the Columbia Heights City Cade 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 4559 Washington 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 2010-37 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 Miguel A. Torres (Hereinafter "Owner of Record"). 12 City Council Minutes Monday, May 24, 2010 Page 9 of 10 Whereas, the owner of record is the legal owner of the real property located at 4600 5`'' 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 May 6, 2010. 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 March 31, 2010 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 May 6, 2010 inspectors reinspected 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 ir, the property records. 3. That on May 18, 2010 inspectors reinspected the property and found that violations remained uncorrected. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair/replace the gutter fascia roof shingles on the garage where the falling off, missing, broken, etc..., shall repair or replace the overhead garage door on the garage that is deteriorated, and shall replace the broken garage window. 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 Code Section 8.206(A} and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4600 5~' 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 ether 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, ar such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4600 5`h 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 2010-38 Resolution of the City Council far 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 CitiMortgage (Hereinafter °`Owner of Record"). Whereas, the owner of record is the legal owner of the real property located. at 4448 Tyler 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 far the proposed council action contained herein was sent via regular mail to the owner of record on April 23, 2010. 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 April 19, 2010 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was open and unsecured, in addition to other violations. A compliance order was mailed to the owner of record. 2. That on April 23, 2010 the Fire Department had not received a response to the compliance order for securing the structure. The Fire Chief ordered that DuAll Services secure the vacant structure. 3. 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 4448 Tyler Street 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 Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4448 Tyler 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 b 3 n duly served notice of this hearing, and any other hearings City Council Minutes Manday, May 24, 2010 Page 10 of 10 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 4448 Tyler 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 2010-40 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CENTRAL AVENUE SANITARY SEWER PIPE BURSTING CITY PROJECT NO. 0813 WHEREAS, pursuant to an advertisement far bids for City Project No. 0813, Sanitary Sewer Pipe Bursting Improvements, City Project No. 0813, six bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Ellingson Companies $398,616.50 St Paul Utilities and Excavating, Inc. $533,410.00 GM Contracting, Inc. $574,094.79 Lametti & Sons, Inc. $593,700.00 Engineering & Construction Innovation, Inc. $644,740.00 Geislinger and Sons, Inc. $702,520.00 WHEREAS, it appears that Ellingson Companies is the Lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Ellingson Companies in the name of the City of Columbia Heights, for the 2010 Central Avenue Sanitary Sewer Pipe Bursting Improvements, City Project No. 0813 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 0813 shall be funded with Kmart/Central Avenue TIF District T4 and SAC Credit Funds (Resolution 2010-12). RESOLUTION 2010-35 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 5 STREET REHABILITATION CITY PROJECT NO. 1002 WHEREAS, pursuant to an advertisement for bids for City Project No. 1002, Street Rehabilitation Improvements, four bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid. Alt. 1 Alt. 2 Alt. 3 Ait. 4 North Valley, Inc. $441,503.16 $3,792.60 $24,311..85 $85,088.49 $14,148.72 Bituminous Roadways $466,362.75 $3,010.00 $22,349.75 $69,559.50 $13,950.00 Midwest Asphalt Corp. $501,952.70 $5,060.00 $23,519.00 $82,061.00 $15,752.00 Hardrives, Inc. $545,612.38 $4,795.20 $29,884.95 $86,375.04 $19,826.0] WHEREAS, it appears that North Valley, Inc., 20015 Iguana Street NW, Nowthen, Minnesota 55330 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with North Valley, Inc. in the name of the City of Columbia Heights, for the 2010 Zone 5 Street Rehabilitation Improvements, City Project No. 1002 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until. the contract has been signed. 3. City Project 1002 shall be funded with State Aid Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds, Park Funds, and DNR Grant (Pending). 14 HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF THE REGULAR MEETING OF JANUARY 26, 2010 1. Call to Order -The meeting was called to order by Chair Diehm at 7:00 p.m. 2. Roll Call- Chair: Tammera Diehm, HRA members: Bruce Nawrocki, Dennis Ecklund Jr., Bruce Kelzenberg, and Gary Peterson. Members absent: Bobby Williams Staff present: Executive Director-Walt Fehst; Assistant Community Development Director- Sheila Cartney, and. Secretary-Shelley Hanson. Parkview/CommonBond Staff: Laura Sheak, Lisa Wilcox-Erhardt, and Jennifer Eels 3. Pledge of Allegiance 4. Election of Officers The HRA Bylaws specify that the Authority shall annually select a Chair, Vice Chair, and aSecretary/Treasurer from its Commissioners. Motion by Peterson, seconded by Kelzenberg, to cast a unanimaus ballot nominating and appointing Tammera Diehm for Chair, Bobby Williams for Vice Chair, and Dennis Ecklund for° Secretary/Treasures°. All ayes. MOTION PASSED. CONSENT AGENDA 5. Approve the Minutes of October 27, 2049 and the Special meeting of November 9, 2009 and the Financial Report and payment of bills for the months of October- eceber, 2009, on esolution 2010-01. Nawrocki stated that at a previous meeting he had asked far more information on haw the contract was executed for the driveway repairs at the entrance of the garage at Parkview Villa. He had asked for a legal opinion on this matter. Nawrocki noted from the minutes of the November 9, 2009 meeting that Clark stated. it was done as an emergency repair and that there were funds remaining in the capital improvement budget. Nawrocki stated he thought it should have been handled. similar to the extension of CommonBond's Contract, and that a special meeting should. have been called. He went on to say he didn't feel comfortable signing the annual affidavit regarding any known. improprieties until he receives a legal opinion regarding this contract. Diehm asked staff to have legal counsel write a response to verify the contract is valid. Nawrocki then questioned some of the line item expenses as noted on the report. Lisa explained the details of the entries to him that included fees for legal expenses to Kennedy & Graven. He noted that on the total expense pages for the North and South buildings, the projected & actual expenditures didn't come close to balancing. Lisa explained the discrepancy is due to grant monies received, which cause a surplus that will be used for future planned expenditures. So that amount varies as grant money is received and then used for various projects. 15 Housing & Redevelopment Authority Minutes January 26, 2010 Page 2 of 6 Motion by Peterson, seconded by Kelzenberg, to approve the consent agenda items as listed. All ayes. MOTION PASSED. HRA RESOLUTION 2010-O1 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) APPROVIl~TG THE FINANCIAL STATEMENT FOR OCTOBER, NOVEMBER AND DECEMBER OF 2009 AND PAYMENT OF BILLS FOR THE MONTHS OF OCTOBER, NOVEMBER AND DECEMBER OF 2009. WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) is required by Mim~esota 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 an hand is to be applied, the HRA's credits and assets and its outstanding liabilities; and W AS, said Statute also requires the HRA 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 AS, the financial statement for the months of October, November, December of 2009 and the list of bills for the months of October, November, December of 2009 are attached hereto and made a part of this resolution; and WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT SOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that it has examined the attached financial statements and Iist of bills, :=rl2ich are attached hereto and made a part l.ereaf, a::d they are found to be correct, as to farm 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 far 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 Housing & Redevelopment Authority. Passed this 26th day of January , 2010. MOTION BY: Peterson SECONDED BY: Kelzenberg AYES: All. ayes Attest by: Shelley Hanson, Secretary Chair 16 Housing & Redevelopment Authority Minutes January 26, 2010 Page 3 of 6 BUSINESS ITEMS 6. Resident Council Minutes Copies of the minutes were included in the agenda packets. Ecklund reviewed some of the items noted in the minutes. He then introduced the newly elected Resident Council Officers: President-Lyn Miner, Vice President-Ecklund, Secretary-Jessie Chudek, and Treasurer-Vivian Fahey. Diehm congratulated the new officers. Ecklund also gave a Treasurer's Report. He went over some of the expenditures made since the last meeting. He said most of the money they raise ali year is spent during the month of December for activities and parties. He also informed the members that they paid a resident (Perry} to haul away old furniture and electronic items that residents wanted to dispose. Nawrocki said the furniture items should be taken away as part of the garbage service. Diehm said the contract for multi family buildings could be different from that of regular residential service. It was also noted that many residents cannot get the items down to the dumpster and this gentleman was handling this for the residents. Report of Management Company Laura Sheak, Manager, asked if there were any questions on the monthly reports that were included in the agenda packets. Nawrocki asked if the Caretaker position for weekends has been felled. Laura stated it has, and that the new person seems to be working out well. Lisa reported that the re-hab of the bra and 4`~' floors would start by mid-February. These floors are being done by a different contractor, therefore, it is taking a little longer for him to get started due to the fact he is trying to match the materials used by the old contractor. She also stated they are in the final stages with the Engineering firm in drawing up the specs for the north building's facade. They are breaking the project into pieces so the Commissioners can pick. and choose the most important issues needing attention based on the funds available. She told the members the contracts will need to be approved and signed before March 17`" so a special meeting will need to be called prior to that date, once the bids are received. 8. Citizen Forum Lyn Miner from unit #202 is the new Resident Council President. She passed out a card to the commission members with her contact information if the Commission members ever need to reach her. 17 Housing & Redevelopment Authority Minutes January 26, 2010 Page 4 of 6 9. Resolution 2010-02, Designating Signatories The attached Resolution 2010-02 designates Northeast Bank as the depository for all Columbia Heights HRA funds and authorizes signatories for accounts. Questions from members: Nawrocki asked why there are two different groups of authorized signatures on the Resolution. He wondered why the second set didn't include the HRA Executive Director. Sheila explained the signature requirements on the Resolution are the same as the ones used in the past. She said the list of authorized signatories may be changed if the members wish to da so. Diehm asked staff to prepare a memo stating the reason it has been. written this way in the past and based on that response, the Commission can change it at the next meeting if it is deemed necessary. Motion by Nawrocki, seconded by Peterson, to waive the reading of Resolution 2010-02, there being cr~rtple copies available to the public. All Ayes. MOTION PASSED. Motion by Nawrocki, seconded by Peterson, to adopt Resolution 2010-02, a Resolution Designating Depositorv for the Columbia Heights Housing and Redevelopment Authority ~HRA). Adl ayes. MOTION PASSED. SOLUTION N0.2010-02 RESOLUTION DESICNATINv DEPOSITORY FOR THE COL IA HEIGHTS HOUSI'i~T% D DEVELOPMENT AUTHO TY (H } E AS, the City of Columbia Heights Housing and Redevelopment Authority (herein referred to as the "Corporation"} has entered into a Management Contract with Commonbond Housing (herein referred to as "Management Company"}, dated January 23, 2008, and amended on November 9, 2009 and WHEREAS, by Minnesota Statutes the Corporation must establish a depository agency, and WHEREAS, the Corporation desires to have as authorized signatures both officers of the Corporation and the Management Company. IT IS HEREBY RESOLVED, that Northeast Bank, is hereby designated as a depository of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said bank shall be signed by at least two of the following: HRA Executive Director Management Company CEO Management Senior Vice President Management Director of Administration 18 Housing & Redevelopment Authority Minutes January 26, 2010 Page 5 of 6 And that said bank is hereby fully authorized. to pay and charge to the account of this Corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, is designated depository of the Corporation and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this Corporation's name, including those drawn to the individual order of any person or person whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of at least two of the following: Management Company CEO Management Company Senior Vice President Management Company Director of Administration And that Northeast Bank shall be entitled to honor and to charge this Corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereta, if such facsimile signature resembles the facsimile specimens duly certified to or filed with the Bank by the City Clerk or other officer of this Corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the Corporation and certified to as governing the operation of the Corporation's account(s) with it, be and are hereby continued in full farce and effect, except as the same may be supplemented or modified by the faregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re- discounts and borrowings by or on behalf of this Corporation with said bank prior to the adoption of this resolution be, and the same hereby are, iu1 all things ratified, approved and confirmed. BE IT FUP.THER P.ESOLVED, that any bank or savi~,gs and loan, located in the State of Minnesota may be used as depositories for investment purposes so long as the investments comply with authorized. investments as set forth in Minnesota Statutes. BE IT F T R SL D, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. Passed this _26th_ day of January, 2010 Offered by: Nawrocki Seconded by: Peterson Roll Call: All ayes Chair Shelley Hanson- Secretary 19 Housing & Redevelopment Authority Minutes January 26, 2010 Page 6 of 6 Other Business Nawrocki again stated that he expects a memo verifying that the improvements to the driveway were executed in a legal manner. Fehst said the time of year and poor weather conditions prompted staff to move forward with the project sooner than planned. Nawrocki reiterated he thought a special meeting should have been called. Staff will see that Mr. Nawrocki gets a written statement from legal counsel, as requested. The next regular HRA meeting is tentatively scheduled far Tuesday, April 27, 2010. However, a special meeting will most likely be Balled far late February or early March to approve exterior improvements for the North building as previously discussed. The meeting was adjourned at 8:50 pm Respectfully submitted, Shelley Hanson Recording Secretary 20 HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF THE SPECIAL MEETING OF MARCH 1, 2010 1 ~ Call to order -The meeting was called to order by Chair Diehm at 7:35pm 2. Roll Call -Chair: Tammera Diehm. Members: Bobby Williams, Bruce Nawrocki, Bruce Kelzenberg, and Gary Peterson Members Absent: Dennis Ecklund Staff Present: Assistant Community Development Director -Sheila Cartney Parkview/CommonBond staff: Laura Sheak, and Lisa Wilcox-Erhardt Pledge of Allegiance BUSINESS ITEMS 3o AccePting/Approv%ng Bids -Exterior improvements At the March 30, 2009 HRA meeting the board approved Resolution 2009-03 confirming acceptance of the 2009 American Recovery and Reinvestment Act. At that time the HRA was awarded a grant of $131,959, which can be used for capital projects. As part of this grant the HRA has approved exterior building rehabilitation. In order to use these funds for exterior rehabilitation the HRA must approve a bid and submit to HUD by March 17, 2010, Six bids were received, CommonBond recommends American Masonry Restoration, and their total bid is $100,761.00. CommonBond has completed their due diligence on this firm in their ability and performance. Questions from Members Nawrocki commented about the difference in bid packages and wandered ifthere was a reason American Masonry Restoration was quite a bit Lower. Wilcox-Erhardt indicated that two bidders left out paint in their bid and the two highest bids had larger dollar amounts on the paint bid, which seemed to be higher than expected. Wilcox-Erhardt went on and explained. there was a base bid and 4 alternate bids as part of the bid package. Peterson confirmed with. CommonBond that they checked the background on American Masonry Restoration. Wilcox-Erhardt confirmed and explained that the Engineer and Construction manager had a special meeting with American Masonry Restoration and were impressed. by them and their work. 21 Page 2 HRA minutes 3/1/i0 Motion by Peterson, Seconded by Kelzenberg to approve American Masonry Restoration for the exterior rehabilitation work at Parkview Villa as presented in the bid package in a total amount of $100, 761. DO All AYES MOTION PASSED Other Business Nawrocki commented on the Memo in the packet related to the driveway work that was completed at Parkview Villa. He stated he was surprised at the opinion and that we better be extra careful when approving bills. He also stated he will be looking to the City Manager to give his assurance that all bidding processes are followed correctly and will ask the Manager at every meeting. Diehm directed staff to draft a Resolution for the HRA Bylaws that allows CommonBond to sign checks and requires checks for over $15,000 be approved by the HRA board. Nawrocki also raised a question about a special checking account the HRA has. CommonBond and City staffs were not aware of the account Nawrocki was talking about. Nawrocki will bring it up at the next meeting. Next regular HRA meeting is April 27, 2010 at Parkview Villa Meeting Adjourned at 7:47pm Respectfully Submitted, Sheila Cartney Assistant Community Development Director/Acting Recording Secretary 22 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE REGULAR MEETING April 27, 2010 The meeting was called to order at 7:00 pm by President-Gary Peterson. Members Present: Bruce Nawrocki, Marlaine Szurek, Tammera Diehm, Gary Peterson, Gerry Herringer, Bobby Williams, and Bruce Kelzenberg. Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. 2. PLEDGE OF ALLEGLANCE- RECITED 3. CONSENT AGENDA 1. Approve the Minutes of March 23, 2010. Motion by Szurek, seconded by Williams, to approve the minutes from the meeting of March 23, 201 D, All ayes. MOTION PASSED. 2. Approve the Financial Report and Payment of Bills for March 2010 per Resolution 2010- 06 l?uestions/Comments from members: Nawrocki stated he had a problem with how action is taken approving the expenditures and the Financial Statements. He referenced the minutes whereby he wants mare detailed inforx:°:ation on the financial reports provided from the Finance Dept. He spoke :with the Assistant Finance Director regarding this issue since he has a hard time following the expenditures of same ofthe City funds, especially the 420 accounts and the account involving the Anoka County Levy monies. Clark said there are two issues. The first issue is the language in the Resolution. The second is the format of the Financial Statements. He asked the members if they wanted to expend funds in order to have the EDA attorney review the language. Nawrocki didn't feel that was necessary, and that both issues should be able to be handled administratively or by the Finance Director and/or auditor. Clark will amend the language of the Resolution for the next meeting, and he will try to provide additional language for Mr. Nawrocki in reference to the accounts he mentioned. However, the format of the Financial Reports or how the information is detailed is not in his power to change. Motion by Szurek, seconded by Williams, to waive the Reading of Resohrtion 2010-06, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Szzrrek, seconded by Williams, to adopt Resolution 2010-06, approving the Financial Report and payment of bills for March 2010. All eves. MOTION PASSED. 23 EDA MINUTES PAGE 2 APRIL 27, 2010 EDA RESOLUTION 2010-06 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR MARCH 2010 AND PAYMENT OF BILLS FOR THE MONTH OF MARCH 2010. 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 month of March 2010 and the list of bills for the month of March 2010 are attached hereto and made a part of this resolution; and WHEREAS, the EDA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that 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 co~ltent; 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. Passed this 27th day of April, 2010. MOTION BY: Szurek SECONDED BY: Williams AYES: All ayes Attest by: President Shelley Hanson, Recording Secretary 24 EDA MINUTES PAGE 3 APRIL 27, 2010 BUSINESS ITEMS 4. Community Gardens- At the March meeting the EDA approved two community gardens that will be privately operated. The first garden approved was at 828 40t" Avenue that will be managed by Mary Tholkes and the second garden approved was located at 4235 Washington Street and will be managed by Roseanne Rivers. Cartney explained that Grace Lee who was present at the last meeting, is requesting permission from the EDA to use 4147 7`" St for a community garden. Cartney told members that this is an unbuildable lot (due to the size} and that it was donated to the City. Grace will be the garden manager and she has about 10 families who are interested in using this lot. Rain barrels will be used. for watering. Cartney said she was told that the City has already switched over the tractor equipment from the tiller to the mower; therefore, the city wilt not be able to till this site. Staff recommends allowing Grace Lee to manage and. use 4147 7t" St as a community garden for the year 2010. Questions from Members: Nawrocki said he thought the lot looked like it had been tilled. Cartney explained that the Contractor seeded the lot, even though he was told not to, with no extra cost to the city. The discussion then. turned to the lot at 4235 Washington St. Roseanne Rivers was present and said that they City crews came out and tilled the lot today. She was told two different things from City staff regarding what portion of the lot would be tilled. She was first told the entire lot would be tilled with a five foot buffer for the neighbor to the north. Then she was told dust the back '/z would be tilled so she prepared mulch in that area. When the crews came out, they tilled the front %2 of the lot, not the back ''/Z. Cartney said she would check into this and get the entire lot tilled. as originally planned. She would also talk. to Public Works to regctest they till the 7`" Street lot since they evidently still have tilting equipment available. Grace Lee told. members that Coca Cola donated some barrels to be used far watering, and if the lot could be tilled they will be set. Nawrocki asked if the City is charging $15/space like they do for the Community Gardens on Reservoir Blvd. Fehst explained that we are not since this is not the same. He said we are not maintaining these lots, we are not sectioning them off, and we are not watering them, with the exception of 828 40t" Avenue-whereby the EDA approved the use of the hydrant at the last meeting. Nawrocki then asked why 4147 7t" Street was considered unbuildable. Clark stated that is only a 30 foot lot, so the square footage does not meet requirements. Nawrocki thought there was an exception in our Zoning Code to allow a platted lot to be built on if it had been used in that capacity previously. Clark stated the Code does allow for some deviation, but this lot does not meet the criteria. Nawrocki wanted. to know the specifics of this language and when it was passed. Herringer stated that as referenced in the minutes, a policy should be established regarding the use of City property for these types of gardens since this has grown from the original intent of using one parcel. Clark said that staff would work on that and have something in place before the end of the year. 25 EDA MINUTES PAGE 4 APRIL 27, 2010 Cartney told Lee she has prepared an agreement that will need to be signed by all participants using the lots. Motion by Diehm, seconded by Williams, to approve a community garden privately maintained and operated by Grace L.ee at =l1 ~? ?`h Street, and authorises staff to enter into an agreement for the same for the year 201 D. All ayes. MOTION PASSED. 5. 37th and Central-New Proposal Discussion Cartney explained that on 3une 24, 2008 the City of Columbia Heights and. the EDA entered into a Contract for Redevelopment with 37`h and Central LLC to redevelop the southwest corner of 37`~ Avenue and Central Avenue. The redevelopment plan included a 9,000 square foot commercial building. This project has had public financial assistance. The following assistance was approved as part of the Development Contract: $100,000 Anoka County EDA Levy far land acquisition costs $ 75,000 CDBG for land acquisition costs - $30,000 CDBG demolition $ 30,000 State Aide Road funds for turn lane $133,198 Land Value Write downs - $21,800 interest write down for loan Total in grant and in-kind assistance $389,998. On May 1 1, 2009 the EDA amended. the contract to change the commencement date from May 1, 2009 to May 1, 2010 and to change the completian date from 3anuary 1, 2010 to January 1, 2011, These dates .=rill need to be amended again. Chris Little was present to discuss a new proposal with the EDA far 37`" and Central. The new concept would include affordable senior rental apartments located above retail space. Chris also wanted to discuss any bonds that may be available for this proposal and any development contract amendments that are necessary, Questions from Members: Chris Little was present and told members he has hired a broker, Upland Real estate, to help develop a plan this site. He explained he has tried to obtain pre-leases from various retailers, but with the economy in the state it's in, he has pretty much exhausted his options. They have, therefore, collaborated with Shirley Barnes and obtained a market study from Maxfield Research in hopes of changing the plan for the site by combining Affordable Senior Rental Housing with some Retail/Office space. Depending on the feedback he gets from the EDA, his plan is to construct a three story building with the retail/office space on the street level. His plan is to have Crestview manage the site once it is built. The market study indicates acceptable results for a need for this type of housing looking a few years into the future. The idea would be to build approximately 55-60 units by 2012 that would hopefully be fully occupied by 201.4. Little stated. he would need. to obtain an extension to the development agreement to complete the project. 26 EDA MINUTES PAGE 5 APRIL 27, 2010 Little said he intends to build the retail space and fill it, rather than to pre-lease the space which is considered speculative. Fehst asked how much would be retail? Little stated he plans for about 8,000 square feet of retail and some additional space is planned as office use. Members asked what the definition of "affordable" meant. Barnes reviewed the figures listed on page 16 of the Market Study indicating 60% of the area median income. The rents would vary according to size and would be comparable to the structure used at the Boulevard Apts at Crestview. She explained that Columbia Village is a HUD 202 project, so is different from this, as rents are based on 1/3 of a person's income. Diehm asked what the occupancy rate is currently at the Boulevard Apts. Barnes said there are 25-30 vacant units out of 74 due to how the economic stress has affected the rental market. This is a higher rate than they have experienced in the past. Nawrocki asked what the definition of "adult" used in the study meant. Barnes said. it would mean someone 5~ and older, or 62 and older depending on the programs used by the developer or requirements for the financing. She went on to say that the majority of the tenants tend to be in their 70's or 80's. Nawrocki wanted to know if it would be subsidized rental. Barnes stated that it would be considered subsidized housing, but that is nat the earns as Public Housing such as Parkview ~Iilla. She explained to the members the differences bet~,~~een the various programs including HUD 202, Section 8- individual based versus project based, and public housing through HUD. Nawrocki asked how much help has actually been given to the Developer thus far, and who owns the land. Cartney explained what funds had been expended to date and that Chris Little has fee title to all the property, However, if the agreement goes into default, then 1/~ the land (the lots the City previously owned) would revert back to the City. Nawrocki questioned the floor plan and thought the neighbors should be consulted. He also thought the proposal. did not have enough parking. Cartney reminded the members this is only a concept, not the actual plans. Chris Little is only looking for the EDA's opinion on whether they would generally be open to such. a project. Diehm stated she had recently been to a seminar where vertical mixed use projects were discussed. She said many cities and developers have tried these types of projects and that most of them are struggling. She gave Little the names of a couple people to call for feedback on this type of project. Fehst also told him. to contact the City of Robbinsdale since they have one similar to this proposal, and they have had. a hard time keeping it full. Walt said another issue was getting the financing for a mixed use building. He asked if Little had talked to anyone regarding the financing, and he responded that he hadn't done so yet. 27 EDA MINUTES PAGE 6 APRIL 27, 2010 Herringer said he had no problem granting an extension due to the tough economic times. He also stated he was pleased to hear that it wouldn't be a five story high building. He questioned why Heights Manor wasn't included in the vacancy rate portion of the market study. Diehm agreed with Herringer to grant an extension to give the developer more time to work on a plan. and for the market to improve. She said she would keep an open mind, but does have some concerns regarding the viability of this concept. Little said he would check into this concept further and he would contact the referrals he had been given at this meeting. Peterson said he also had no problem granting an extension. He doesn't see the need to rush into anything. He likes the proposed concept. Kelzenberg agreed with Nawrocki that parking may be a problem on the conceptual plan provided. Little said that he planned for one stall per unit, but agreed the retail space may be underserved. However, if the plan is reduced from five stories to three stories, that would open up additional spaces. The general consensus was to grant the extension, but they encouraged him to check out his options further, so that whatever concept he goes with will be a successful project. They also agreed, if he moves forward with this plan, a smaller structure is more favorable. Fehst said he understands there must be a certain number of units to make it viable. C'artr~ey vd~li bring back the ainendinent to the Developanent Agreement wzth new start and completion dates to the May meeting and that it would. be a one-year extension period. 6> ally's Appraisal At the March 23, 2010 EDA Meeting staff presented a summary of 1 }preliminary cost estimates associated with the purchase of the Mady property and 2) A summary of related acquisition issues including relocation and leasehold interest concerns. A copy of the March 23, 2010 EDA letter was handed out at the meeting far review of the aforementioned items. After review of this information, the EDA authorized staff to enter into an agreement for a formal appraisal of the property. The complete appraisal showed a value of $1,028,000 for the improved property and $925,000 for land- only, albeit that the value was for "clean property". Clark stated that similar to the March 23, 2010 action staff seeks direction from the EDA as to whether negotiations should proceed. He noted cities no longer have rights to property through eminent domain so to redevelop this site we would. need to negotiate the purchase from the owners if a price can be agreed to, the funding could be arranged, and if a developer could be found to work with. Staff s concern is this site will. go on the market and could be bought by someone who will continue renting the site out and letting the property deteriorate further. Zs EDA MINUTES PAGE 7 APRIL 27, 2010 Clark acknowledged that contamination exists and clean up costs will result in a negative value figure (cost of land acquisition minus clean-up costs} if the City does obtain it. He said staff would work with DEED or other agencies to obtain funds for clean-up. He went on to explain, the costs for this clean up cannot be determined yet because it would vary depending on the type and size of the new development. However, staff will work with Carlson Services to obtain a generalized number. He said the EDA must decide if it wants to purchase the site and have some control over the re- development, or to let it go on the private market. Either situation has its risks. Questions from Members: Szurek asked if the City had received a price from Mady/Foss yet. Clark stated that they came in with a price of $1.1 million. She then asked if we purchased the property, would we become the landlords and set rent rates. Clark said that designation of "landlord" would be part of the negotiations, but rates are set by existing leases. He said the City would need to purchase it on a 3 year Contract far Deed and landlord rights would be part of the negotiated agreement. Mady's may continue to operate until the 3 year period is up. Salvation Army is operating on a month to month lease, and the grocery store has a lease option until 2015. We may have to buy out that lease if a developer would. come forth before 2015. Fehst said. the City was criticized when it purchased the Burger King site, and we would most likely be criticized if we purchase this site also. aA'~a~vrocka stated lie 'v'Jaiated. staff to aaieet `v°Jith the ovJner tCi find ®ut `v'v`hat they would be askiaag for the property. He wasn't suggesting we necessarily purchase it. He is concerned with the contamination of the site, the amount it will cost to clean up the site. He also wondered why they would enter into a four year lease agreement with a tenant if they are serious about selling it. I-Ie believes the owners are asking too much for the site, considering all the costs that would be incurred was it is purchased. Nawrocki also wanted an idea of the price to do the minimal correction and cap the site, and. whether this would limit the redevelopment to a one story structure. There was a discussion regarding possible funding sources as detailed in the memo dated March 23, 2010, if the EDA decides to move forward with negotiations. Herringer said another key piece to keep in mind is the Heights Rental site on the corner. We would need to obtain that piece also in order to re-develop the site. For this to succeed, the City and/or developer would need to get it, and that may not be possible. Diehm asked if there were any funds available to acquire contaminated property. Clark stated he had asked Jim Crowl from Carlson Technologies that question. DEED used to have monies available for that, but doesn't know if there are any available now. Crowl will check on that and let Clark know. Peterson said he doubts a developer will buy the property, pay for the clean up and then construct a new building. He thinks it is more apt for someone to buy it and use it for investment income without putting much back into the property. 29 EDA MINUTES PAGE 8 APRIL 27, 2010 Herringer asked what type of relationship there was between Mady/Foss and Mark from Heights Rental. He would like staff to approach the owners of Heights Rental and see if they would be willing to sell their parcel fora "fair" amount. If not, he doesn't see the point of pursuing the rest of the propert}~ for the terms given thus far. Clark said he understands the consensus is to move forward with the negotiation process and to open a dialogue with Heights Rental and see if any terms can be agreed to. He made it clear that to move forward with this is not a commitment to buy, just to gather information and negotiate price points that the EDA can use to make their decision. 7. First Laak Users In February of this year the EDA agreed. to participate in the Twin Cities Community Land Bank (TCCLB) "First Look" program. This program allows the City to have the "first took" at any REC9 properties and determine our interest. If we are not interested then the next look goes to GMHC and if they are not interested the listing goes to the open market. It is set up this way because GMHC requested access to our city and the EDA approved them as users. In addition to GMHC four other entities have requested to be part of Columbia Heights first look. If approved these entities would be listed after GMHC in the first look order. A lottery system would be set in place if more than one entity is interested in purchasing. A small profile of each entity and the TCCLB crrterra rs attached. The a:;ur entltieS requestrr'ig fir St ioCik aCieSS are: Ever`dL'ov^d Company (EC) is afor-profit corporation. Robert Engstrom. is a preferred developer in Brooklyn Park, MyHomeSource is a well respected far profit developer who works in Minneapolis, Brooklyn Park and Brooklyn Center, and Sarah HLISS is a far profit developer. Robert Engstrom and Everwood Company are part of the TCCLB loan program while MyHorneSource and Sarah Huss use private non-subsidized funds. The entities listed above have been approved by TCCLB as users and are also users in several other cities that participate in the "first look'' program. All users approved by TCCLB have a set criterion for their participation (attached). Each house that is purchased must be rehabbed according to HUD standards and be sold for homeownership (homeowners must sign an agreement to own and occupy the home for five years) to people meeting 115% Area Medium Income which is $96,500. Adding these users to our "first look" program would provide additional homeownership in addition to rehabilitation to some of housing stock. As of right now our "first look" users are the City and GHMC--if neither of us are interested in the house it then goes to the open market which will. allow investors to purchase and potentially increase rental units in our single family neighborhoods. If we add these four users we reduce that potential and get better rehabs. Staff recommends approval of the four entities listed above as part of the Columbia Heights First Look program. 30 EDA MINUTES PAGE 9 APRIL 27, 2010 Questions from Members: Szurek asked Cartney if she was comfortable with these entities. She said yes, and she has met with a couple of them and seen their work. She also said that each of these entities is already approved by The LandBank, before they can be placed on our list. She told members that if any of these entities decide to purchase a home, they must renovate it and then sell. it to someone who will own and occupy the home for at least five years. This program is one way the City can insure that homes are being fixed up, and are being sold to owners who will occupy them which prohibits them from being turned into rental. Clark told members that at least 55 foreclosed single family homes have been converted to rental in the last couple of years. This program, hopefully, will reduce the number being sold to investors who put tittle into the property, but want to collect the rent revenue. Peterson asked if any local contractors are on our list. Cartney said not at this time, but any interested company can be added to the list if they go through the LandBank approval process. Motion by Diehna, seconded by Williams, to approve Evenvood Company, Robert Engstrom, MyHomeSource and Sarah Huss as part of the Columbia Heights fast look program. All ayes. MOTION PAS.SR'D. 8. ADNIINISTRATIVE REPORT May 3`d a work session will be held with Minneapolis regarding a possible Trolley Car System for Central Avenue. May 11`'' Staff from Fire and community Development will meet with representatives from DEED, MPCA, the EPA, the bank, and the owners and attorney of the Raot Property at 40'" and University Avenue to develop a Master Plan. to get the structures demolished and the site cleaned up. The Commercial Development for 47ct, and Central is dead. Ehetshem hired Bruce Carlson, a broker, to help him find another plan for the site. Clark said he has sent them two referrals to date in hopes of resurrecting a project for the site. In 2008 the EDA passed a tax abatement agreement for the New Perspectives Lighthouse Project. Staff is investigating whether there is a need for assistance, per the agreement, as the first year of potential subsidy is 2011. Clark will report back. Herringer noted that Buffalo Wild Wings' lease is up at the end of the month. It appears they may be closing this site. Diehm stated that several years ago the Council/Commission held a goal setting session to set priorities far the City. She said since the Council/Commission has been receiving various proposals lately, she thought it may be helpful if goals and priorities were re-set so they may better analyze the projects. She said it would give everyone a better idea of possible funding sources, community needs, and would provide a focus for the decisions to be made. 31 EDA MINUTES PAGE 10 APRIL 27, 2010 Clark asked if members wanted someone from the outside brought in to facilitate this process. It was the consensus to just have staff do it at an upcoming meeting that doesn't have a large agenda. Nawrocki asked for an update on the foreclosure numbers. Clark said the city is down about 12-14% from the same time last year, but that foreclosure rates are still very high. He said there are approximately 420 active foreclosures and about 320 foreclosures that have sold, totaling about '740 homes affected by the process in the last couple years. 6. OTHER BUSINESS The next regular EDA meeting is scheduled for May 25, 2010. The meeting was adjourned at 9:15 pm. Respectfully submitted, Shelley Hanson .cseCr etary 32 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION MEETING OF THURSDAY, MAY 20, 2010 The meeting was called to order at 7:00 p.m. by Ken Henke, Acting Chair for the meeting. ROLL CALL: Members Present: Ken Henke, Brad. Peterson, Robert Peltier, Bob Buboitz, and Dan Swee. Absent Members: Dennis Stroik (Excused). Council Representative: Bruce Nawrocki City Representative: Linda Magee Cable Representative: Kathi Donnelly-Cohen Linda made a brief acknowledgement of the passing of Commission Member Reuben Ruen. She informed members of the services that will be held to honor his life. APPROVAL OF MINUTES tLlotion by Bob Peltier, seconded by Brad Petersan, to approve the minutes of~January 21, 2010. All ayes. l~Otlan PaSSed. OLD BUSINESS Ae Channel Check The channel check was done and no problems were found. B. Correspondence I.og and Follow Up on Complaints No complaints were received by the City since the last meeting. C. Status of Franchise Renewal Linda told members they are still working out the last few issues on the Franchise Agreement. They have made significant progress and will be meeting again June 7`h. She hopes to bring something back to the Commission at the June meeting, for a recommendation to the City Council. D. Other Old Business No other old business. TELECOMMUNICATIONS COMMISSION MINUTES 33 MAC' 20, 201® PAGE 2 NEW BUSIl~TESS A. Notice of Addition of KSTC to HD line up on Channe1238 Notice was received February 1, 201.0 that effective April 1, 2010, KSTC HD will be added to Channel 238, B. Receipt of 4`h Quarter Franchise Fees 2009 A copy of the franchise fee payment was enclosed in the agenda packets. C. Notice of Addition of tptWX to Channel 244 and other Changes TptWX was added to the Basic/Digital lineup on Channel 244 effective Apri129, 2010. A digital receiver is required to receive this programming. Fox Reality which was on Channel 108 on the Digitial Classic Tier was re-named March 29, 2010 and is now Nat Geo WILD. Also effective April 29, 2010, VH1 Soul, Channel 144 on the Digital Classic Tier was replaced with Centric (formerly BET Jazz}. D. Notice of Upgrade for on screen Cable Guide Later this year Comcast will be updating the on-screen Cable Guide for Digital Cable Customers. This update will improve the use of the guide, and will. include new features such as links to high definition programming, improved Digital Video Recorder management and mare. Customers with high speed Internet service will be able to manage and schedule their DVR's online As a result of this upgrade, customers will have to reset Their preferences on 1} Fareiital CoiitrviS by channel; 2} DVR recording settings; 3} Reminders, and 4} Favorite listings for each affected channel. E. Notice of $7 HD Technology Fee Comcast is eliminating its equipment rental fees for high definition video services far customers effective May 1, 2010. However, now customers will be charged a $7.00 "HD Technology Fee". There won't be a change in Comcast's existing DVR Service Fees, which now include the HD Technology Fee. F. Notice of Price Adjustments for Equipment, Service & Installation Effective June 1, 2010 Notice was received that Comcast will be adjusting some of the charges for equipment, service and installation. This does not affect the charge for the cable programming packages. G. Receipt of 1y` Quarter Franchise Fees for 2010 A copy of the franchise fee payment was enclosed in the agenda packets. TELECOMMUNICATIONS COMMISSION MINUTES 34 MAY 20, 201.0 PAGE 3 H. 2009 Annual Report A copy of the Annual Report was sent to the members to review. It was noted that the 2009 Annual Survey is not included in this report. It was anticipated that the renewed franchise would be in place in late 2009 or early 2010, and as such, Comcast did not send out a survey. Motion by Bob Buboltz, seconded by Dan Swee, to accept the 2009 Annual Report as submitted by Comcast. All ayes. MOTION PASSED. Other New Business * Notice was received that ESPN 3D will be added starting June 11, 2010, and will be available on Digital Starter Channel 898 for those customers with HD service and a 3D television. *Comcast will be notifying customers again. of the need to order Digital Adapters in order to continue to receive those channels beyond Basic 1. The change is scheduled for August 17, 2010 in Columbia Heights, and. customers will receive approximately 15 additional channels once the adapters are installed. Those with complimentary accounts and schools have also been notified, and a copy of that notice was enclosed in the packets for the members to review. Peterson asked if Universal Service would be provided in Digital. Kathi stated there are no plans to change Basic service or Universal service from analog to digital signal. *Effective July 1, 2010, the Digital Classic Tier will be renamed Digital Preferred Tier. The name change will not result in a change in price or service. It was noted that re-assignment of Liaisons to access channels will not occur until after a Franchise Agreement is reached. However, until such time, Chair Stroik has requested that the liaisons exchange email addresses and phone numbers with their respective counterparts. Linda said appointment of the empty commission seat would be made by the City Council once they receive applications from interested parties. The vacancy will be posted on Channel 16. B. Report of Comcast- The reports of January-April 2010 were included in the agenda packets for the commissioners to review. Kathi pointed out the bold titles on the top of the Community Television Programming Report are the productions that are done in the local studio. The rest are programs that are submitted by the public that have been produced elsewhere. These programs are not viewed before they are aired, so they are not censored. Those who submit these programs are required to sign a form stating the content is not obscene. Henke noticed the answer time on phone stats in March was very high compared to other months. Kathi stated it was due to a problem with Qwest's trunk line. TF,LECOMMUNICATIONS COMMISSION M1NUT 35 MAY 20, 2010 PAGE 4 C. Report of the Gable Attorney Legal Counsel was not present at this meeting, therefore, there was no report. D. Report of the Assistant to the City Manager Nothing further to report. Motian by Bob Buboltz, seconded by Brad Peterson, to adjourn the meeting at 7:52 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary 36 PLANNING AND ZONING COMNIISSION MINUTES OF THE REGULAR MEETING JUNE 1, 2010 '1:00 PM The meeting was called to order at 7:05 pm by dice Chair-Donna Schmitt. Commission Members present- Fiorendino, Schmitt, and Peterson. Commission members absent: Szurek and Thompson Also present were Gary Peterson (Council Liaison), Jeff Sargent (City Planner), and Shelley Hanson (Secretary}. Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meetings of May ~, 2010. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2010-0601 APPLICANT: Savers LOCATION: 4849 Central Avenue NE REQUEST: 200 square foot area variance far wall signage INTRODUCTION In May 2010, the Planning Commission approved a Site Plan far the construction of a new loading dock for Savers located on the east side of the building. Along with the construction of this loading dock, Savers is planning on expanding into the vacant end-cap tenant space and will be using the entire building. Savers is planning on relocating the main entrance into the store and would like new wall signage to compliment the new changes. Savers originally submitted a request fora 350 square foot area variance for new wall signage for the building located at 4849 Central Avenue. After discussions with staff, Savers re-designed the proposed signage and is now asking fora 200 square foot variance. ZONNING OI21~' INA~TCE The zoning classification of the property is GB, General Business District. Per Code Section 9.106(P)(12), signage in the GB District is permitted as follows: 1, Any number of wall signs on any side of a building not to exceed 200 squa~•e feet of total surface area for ail wall sign surfaces and limited to one surface per sign. 2. Total signage shall not exceed two square feet for each front foot of building or structure. Therefore, the Zoning Code would restrict the total square footage of wall signage for the Savers store to 200 square feet. Savers is now proposing a sign plan that incorporates four wall signs totaling 400 square feet. For this reason, a 200 square foot area variance is required. Currently, Savers is utilizing two wall signs. The main "Savers" entrance sign is approximately 59 square feet in area. The second "America's Favorite Thrift Store" sign is approximately 38 square feet in area. The total wall signage for the building is 97 square feet. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial development. Being that Savers is a commercial entity and is expanding; the variance proposal is consistent with the types of uses guided for this area. 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: 37 PLAI'~INING & ZONING COMMISSION MINUTES PAGE 2 JUNE 1, 2010 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 orientation of the building on the property limits sight lines for passersby along Central Avenue. Wall signage limited to 200 square feet would be inszrfficient for a building in excess of 33, 000 square feet and oriented in the manner it is and on a corner lot. Staff thought 550 square feet of wall .signage was too excessive and not compatible with sound planning principles. However, staff does feel that the re-submitted design asking for a total of 400 square feet of signage was acceptable. 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. There are no other single-occupant buildings with the same size and orientation on a corner lot as Savers in the GB, General Business District. The request for a sign variance is zrnique in the City of Columbia Heights for a building of this size, dimension and orientation. 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 provisions of the article do not properly address large, single tenant buildings. The purpose of the Sign Code is to prohibit a disproportionately high ratio between the size of the sign and the tenant space the sign is intended for. In this case, the opposite is occurring. If the applicant were limited to 200 square feet of wall signage, there would be a disproportionately low ratio of wall signage to the size of the building. With that said, Staff feels that a variance request that would more than dozrble the total square footage allowed by code is tao excessive. Staff has spoken with the applicant and explained that because of the inefficiency of the current ordinance pertaining to signage for buildings of this size, staff would support a variance request of 200 square feet in area. Therefore, Saver^s did submit the secondary proposal reques~tr."ng a 200 sf vartcrnce instead of ~ the orr`ginal 350 sf. 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 for commercial development. Being that Savers is a commercial entity and is expanding; the variance proposal is consistent with the types of uses guided for this 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 help promote Savers as a commercial entity in the city. The over-all size of the signage on the building will be proportionate to the size of the building and will not be detrimental to the public. Sargent reviewed the signage planned for the site that was submitted on the second request. Staff recommends approval of a 200 square foot area variance for wall signage for the Savers store located at 4849 Central Avenue because the hardship of location and just one tenant in a building that large, does justify the need for the variance request. 38 PLANNING & ZONING COMMISSION MINUTES PAGE 3 JUNE 19 2010 Questions from members: Schmitt wanted clarification that Savers is now requesting a 200 sf variance for a total of 400 sf of wall signage. Sargent affirmed that is correct. Peterson stated he thought staff did a good jab insisting they downsize the signage from 550 square feet to 400 square feet. He thought the new plan was acceptable and adequate to meet their needs. He asked if they had any plans to put additional signage on the south side of the building. Sargent told him that was not included in the plan. He stated they will be re-facing the existing pylon sign and that provides signage for north and south bound traffic along Central Avenue. Schmitt was concerned that the signage may be blocked by the new pedestrian bridge. She stated the new bridge is higher than the old one and it may cause some visibility issues. She wants them to succeed and have an adequate amount of signage. Sargent explained that our code is specific and currently only allows a total of 200 square feet per building. We can't deviate too much from the policy in place. He said in situations like this, with one tenant in such a large building, that a change in the policy may be warranted. He said this is something that can be brought back to the Commission at a later time. Fiorendina asked. if the temporary signs are part of this plan. Sargent told members the temporary signs currently in use are not part of this proposal. Public Hearing Opened: No one was present for this matter. Public Hearing Closed. Mahon by Petet-san, seconded by Fiorendino, that the Planning Comnaissian recamrnends that the City Council aPP;^ove 2C1(1.s~ua; e~ at a; ea va; iar<ce f~,; :vall signage Pe;^ Code Section o rn~ ~p~~ r?~ ~fthe City Code. All ayes. M®TIDN PASSED. The following Resolution will go to the City Council June 14, 2010. RESOLUTION N0.2010-XxX SOLUTION I'ROV G A CE FRO1tI CERT CONDITIONSOF THE CITY OF COLU B HEIGHTS ZONING CODE FOR SAVERS WHEREAS, a proposal (Case # 2010-0601) has been submitted by Savers to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4$49 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 200 square foot area variance for wall signage per Code Section 9.106 (P}(12). WHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on June 1, 2010; 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 ofthe Planning Commission: 39 PLANNING & ZONING COMMISSION MINUTES PAGE 4 JUNE 1, 2010 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel. of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having Legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE 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 ATT.-tCHED: 1. A11 application materials, maps, drawings, and descriptive information submitted with the application. shall become part of the permit. 2. The applicant shall obtain a permit prior to the installation of the signs. Passed this 14th day of June, 2016 CASE NUMBER: 2010-0602 PLIC T: Renaissance Fireworks LOCATION: 4005 Central Avenue REQUEST: Interim Use Permit for Seasonal Sales INTRODUCTION Sargent explained that Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4005 Central Avenue. The City of Columbia Heights has recently amended the ordinance regarding outdoor seasonal sales in ail zoning districts, and now requires an Interim Use Permit. The specific development standards for an outdoor sales/display establishment are found at Section 4.107 (C)(20), and will be added as conditions of approval for this permit. This will be the Renaissance's 6`h year operating a fireworks tent at this location in Columbia Heights. The attached site plan illustrates the configuration and. orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to the business opening for operation. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4005 Central Avenue is CBD, Central Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 87,500- square foot commercial building is required to have 263 parking spaces. After using the 13 parking spaces for the tent, the site will still have 282 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on 40 PLANNING & ZONING COMMISSION MINUTES PAGE 5 JUNE 1, 2010 vehicular access for the site. FINDINGS OF FACT Section 9.104 (H} of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are an Interim Use in the CBD, Central Business District, and are considered retail sales, which are permittea? 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinitye The fire~vorks~ tent as proposed will have no impact on the use of adjacent properties. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing ar intended character of the surrounding area. The fire department will conduct an on-site survev prior to the business opening. X111 state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. Adequate measures have beeaa or w.ll be taken to mira~m~ze traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the fireworks tent will not signifa'cantly increase the traffic on the public streets, and the site is large enough to handle additional interior traf~e. The use will not cause a negative cumulative effect on other uses in the immediate vicinity, As indicated by prior descriptions, the fireworks tent should not have a negative impact an other uses in the immediate vicinity, which are all zoned commercial. Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to the conditions of approval reviewed by Sargent. Questions from members: Fiorendino asked if there were any changes or complaints from last year. Sargent stated that the only complaint he was aware of was that they had excessive signage at the site last year. By the time staff was aware of it, they were taking the tent down. Therefore, they will be watched more closely this year. Peterson asked if this was the only location in Columbia Heights that would be selling Fireworks this year. Sargent stated it was. He received a call from someone wanting to sell at another location, but they called too late to get approval for this year. Peterson asked if the greenhouses and fireworks had to come before the commission for approval. He 41 PLANNING & ZONING COMMISSION MINUTES PAGE 6 JUNE 1, 2010 thought they had decided to let staff handle these administratively. Sargent told him that previously these approvals went to the Commission and then on to the City Council. The proposal to have staff approve them administratively went to the City Council for approval, but the Council decided that the P & Z Commission should still go through an approval process, but they no Longer needed to go to the City Council. Public Hearing Opened: No one wished to speak on this matter. Public Hearing,Closed. Motion by Fiorendino, seconded by Peterson, that the Planning Commission approve the Interim Use Permit for a fireworks tent at ;1005 Central Avenzte NE for a period not to exceed 90 days from date of approval, 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. The fzreworks tent, display area, access aisles, and .surrounding area shall be reviewed by the Community Development Department and the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents lacated within the patblic right-of--way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. S. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible_from adjacent residential properties. ?. The fzreworks tent shall not reduce the amount of off-street parking provided one-site beloav the level resltitred for tl2e pi"tree ipai tise. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square„feet. 9. Fireworks tents may be allowed fbr a maximum of ninety (9U) days per calendar year. All ayes. MOTION PASSED. RESOLUTION N0.2010-PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FH2EWORKS, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2010-0602) has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue LEGAL DESCRIPTION: On file at City Hall. 7'HE APPLICANT SEEKS TI-IE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent and sale for a period of no more than 90 days, per Code Section 9.110 (F)(4)(a). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 1, 2010; PLANNING & ZONING COMMISSION MINUTES PAGF. 8 .JUNE 1, 2010 WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff 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 42 PLANNING & ZONING COMMISSION MINUTES PAGE 7 JUNE 1, 2010 NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The apse is one of the interim uses listed for the =oning district in which the property> is located, or is a substantially similar use, as determined by the Zoning.Adnainistrator. ?. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. .i. The use will be designed, consb•ucted, operated and maintained in a manner that is compatible with the appearance of the existing a• intended character of the surrounding area. 6. dde9uate measures have been or will be taken to minimise traffic congestion on the pubic streets and to provide for appropriate on-site circulation oftrafftc. ~. The use will not cazrse a negative cumulative effect, when considered in conjunction with the caen¢a~lative effect of other uses in the immediate vicinity. 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 (!) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of=way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. ~. All goods shall be displayed in an orderly fashion. with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The freworks tent shall not reduce the amount ofoff-street parking provided one-site below the level required for the principal use. $. Signage shall be limited to two (2} professionally made signs, with a combined square footage not exceeding thirty-two (32} square feet. 9. Fireworks tents may be allowed for a maximum of ninety (90} days per calendar year. Passed this Ig` day of June 2010, CASE NLTIVIBER: ZO10-0603 PLIC City Of Calu bia eights LCCATIt;I~o 455 (~Jasl>iingtcn Strut I:IE QUESTt Rezoning of property fram -2 to -2A AC C Sargent explained he told the Commission members about this property at the last meeting and the need to re-zone it. He went on to report that in 2005, the City established the R-2B zoning classificatian in an attempt to identify all existing duplexes within the City. The zoning amendment also established the R-2A District, which required the need of a Conditional Use Permit, as well as minimum lot standards for future duplex uses throughout the R-2A District. The R-2B District allowed for all existing duplexes to remain as duplex uses, without the need of a Conditional Use Permit, and without needing to meet the minimum lot width and lot area standards as required in the R-2A District. Just recently, the City of Columbia Heights was called out to 4555 Washington Street to assist in a call for service conducted by the Anoka County Department of Human Services. Upon entering the structure, it was evident that the property was being used. as a duplex, however it appeared as if the lower portion of the house was converted to a duplex illegally. The bedrooms did not have proper egress to the outdoors and the cooking facilities did not meet the minimum Building Code standards. There was also an infestation of insects and other substandard. living conditions apparent throughout the living area. Ultimately, the City certified the trait as uninhabitable and declared that the lower level could not be used as a separate living unit, 43 PLANNING & ZONING COMMISSION MINUTES PAGE 8 JUNE 1, 2010 After reviewing city records, it was determined that in 2005 this property was inadvertently designated as a duplex use, and therefore given the zoning classification of R-2B. As stated previously, it is obvious that this structure is not set up for a duplex use and should not be used as such. Rezoning the property to R-2A will require the use of the property to revert back to the intended single-family use for the structure. If the owner would want to convert the structure to a duplex use in the future, she would have to go through the Conditional Use Permit process and show that the property meets all the minimum zoning code requirements for a duplex. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to require asingle-family use would be consistent with the guidance of the Comprehensive Plan. ZONING ORDINANCE The subject property is currently zoned R-2B, One and Two Family Residential. All irnmedrately abutting properties are zoned R-2A, One and Two Family Residential and are all single-family homes. The proposed zoning classification far the subject property is also R-2A, which. would be consistent with the zoning classification in the area. Because the house is not constructed to support a legal duplex use, rezoning the property to R-2A would be consistent with asingle-family use for the property. F GS OF FACT Section 9.104 (F} of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: 1. The arrrerrdment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to require a single family use would be consistent with the guidance of the Comprehensive Plan. ~, 2. The amer~gdment rs m the pirbiic, rnterest and rs not solely for the benetrt of a srngle property OWner. The praposed amendment worcld ensure that the praperty would na Langer be able to be zrsed as a duplex tivithaut future approval b}j the City ~°azrrrcil. Being that tlae cut°rent conditions of the lower- level lr,"ving space is nat conducive to proper, safe and standard living conditions as a separate living i~init, the proposed amendment would be in the interest of the public. 3. Where the amendment is to change the zaning classification ofa particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property is for low-density residential. All properties in the immediate vicinity are also zoned for low-density residential. The proposed zoning classification for the subject property is compatible with the surrounding zoning classifications. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The property was being used illegally as a duplex, with living quarters ccnd cooking facilities being substandard to proper living conditions, including the lack of legal egg°ess windows. The rezoning of the property will ensure that the building will be a single family house only, which is compatible with the intended use of the property. Staff recommends approving the rezoning of this parcel. 44 PLANNING & ZONING COMMISSION MINUTES PAGE 9 JUNE 1, 2010 Question from members: Peterson said he drove by the property in question and that it was obvious the property had. been constructed as a single family home and that the tuck under garage had been converted to living space in their attempt to make it into a double. He asked about whether some of the other properties in the block had been built as duplexes, as it was obvious that was how they were being used. Sargent told members many of the properties along that block were built as duplexes. He went on to explain the difference between the R2A and R2B zoning classifications. Fiorendino asked if people were using the property as a single family home since the Anoka County/City inspection was done. Sargent said he wasn't sure, since the house had been posted as uninhabitable due to insect infestation and other issues that were health and safety related. If the property was properly cleaned and passed. inspection, it could be used as a single family home and could be rented as such. Schmitt asked. when they had obtained the rental license as a duplex and when the date was of the Last rental inspection. Sargent said he didn't have that information, since the Fire Dept. handled those records. If the re-zoning is approved, the property would only qualify for a license for a single family home. Public Hearing Opened: Tom Stuart from 453'7 Washington St has lived in his home for 40 years. His wife's family built the home rn question and had no doubt it was built as a single family home. He stated he is aware that it has been used for more than one family for a long time, and has reported this to the Fire Dept. in the past. He asked how many people can legally occupy the hame. Sargent told members the City's policy is 2 people per bedroom, and the bedrooms in the basement do not have egress windows, therefore they cannot be counted as legal bedrooms. He also stated that since the bedrooms in the basement do not have proper egress, it is imperative this be re-zoned so there is no question that it is a single family home. ~, Gary Peterson saad there IS a IIfT'a1t of 2 people per bedroom per oi.ir afrdliaanCe, biFt that is hard to enforce. City staff cannot force their way into someone's property to prove how many people are sleeping there. He said this has became mare of an issue in these hard economic times when families are moving in with each other due to losing thei~• jobs and/or houses. He acknowledged this could become a safety issue if there evens a fire, but it is hard to prove whether occupants are related or not. The City notifies landlords of the two accupants per bedroom. rule as a requirement far the license, but some of the responsibility for enforcing this falls onto the landlord. Al Melcher 4536 Jefferson Street thought rental units needed their own separate entrances. This property definitely does not have separate entrances. He said he has the same problem with the house next to him at 4546 Jefferson St. He said 9 people are currently living in this property. He would like to see the City do something regarding the illegal use of these properties. Sargent said staff is aware there are illegal uses happening in many properties throughout the city. He explained that unless we have access to enter, such as the call for service from Anoka County that we received for 4555 Washington St., we have no right to enter. The illegal use of properties and enforcement issues are nat on this agenda. The issue before the Commission at this meeting is to re-zone this one particular property. As staff becomes aware of others, it will bring them. to the Commission's attention so they can be corrected. 45 PLANNING & ZONING COMMISSION MINUTES PAGE 10 JUNE 1, 2010 Christine Dosdall of 453$ Washington St. has lived in the neighborhood for many years. She wanted to go on record. that she is in favor of it be re-zoned back to a classification of R2A for use as a single family home. Public Hearing Closed. Motion by Fiorendirro, seconded by Peterson,that the Planning Commission recommend that the City Council approve the rezoning of the property located at =155 Washington Street from R-2B, One and Two Family Residential to R-2A, One and Tx~o Family Residential. All ayes. MOTION. PASSE. The following Ordinance will go to the City Council June 14, 2010 ORDINANCE XXXX CITY OF COLUMBL~ HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 4555 WASHINGTON STREET NE SECTION 1: WHEREAS, the current _oning classification of the pz°operry allows for a duplex use; and WHEREAS, the current property was being used as an illegal duplex because of substandard living quarters and cooking facilities; and WHEREAS, the lower unit of the property was posted as uninhabitable because of the substandard living conditions; and WHEREAS, rezoning the subject parcel from. R-2B, One and Two Family Residential to R-ZA, One and Two Family Residential would ensure the proper use of the property as asingle-family dwelling unit; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from R-ZB, One and Two Family Residential to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. CASE E : za><a-osa2 PLIC T: City of Colu laia~ eights LOCATIONS City Wide ST: Zoning A end ent a aiming to utduar Seating BACKGROUND Sargent explained that the City of Columbia Heights is experiencing a number of dining establishments that have requested the ability to serve food and/or alcohol to customers outside. To date, the City does not have a formal ordinance regulating this type of use. Far that reason, staff is proposing a Zoning Amendment to help regulate restaurants and other eateries that might want to serve patrons outdoors. The necessity of such an ordinance amendment originates from the possibility that some restaurants may want to serve alcohol to their patrons while they dine outdoors. The City of Columbia Heights' Police Chief, Scott Nadeau expressed the desire to regulate the manner in which restaurants could serve alcohol to patrons outdoors because of the potential negative circumstances that such actions could present. Based on comments that were made at the last meeting, Sargent said he made the changes the members had suggested. 46 PLANNING & ZONING COMMISSION MINUTES PAGE 11 JUNE 1, 2010 COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to enhance the economic viability of the community. The proposed amendment would be consistent with the Comprehensive Plan by allowing the continual use and enjoyment of restaurants and other dining places in a safe manner. An overarching~~oal of the Comprehensive Plan is to ensure the safety and welfare of the eg neral public. By restricting areas in which alcohol may be served outside a restaurant, compliance with the Comprehensive Plan will be met. ZONING ORDINANCE The proposed amendments made to the Zoning Ordinance would include language regarding the operation of outdoor seating space for restaurants and other eating establishments. The proposed changes include: 1. Outdoor seating plans will be subject to Planning Commission approval through the Site Plan Approval Process. 2. Outdoor seating shall be located. fully on the property in which it is intended, and may not restrict pedestrian traffic on public rights-of--way. 3. Outdoor seating shall be on a hard surface meeting all Americans with Disabilities Act (ADA) requirements. 4. No outdoor seating shalt be allowed on driveways or parking areas. 5. If the intent is to serve alcohol outside, the following regulations shall be enforced: a. The outdoor dining area shall be adjacent to the principal building and access shall be provided from within the principal building only. b. A barrier shall be installed around the perimeter of the outdoor seating area, and shall be approved through the site plan approval process on a case-by-case basis. c. The barrier shall be constructed in a manner that ensures that non-patrons of the restaurant will. not have free and. easy access to alcoholic beverages provided by patrons using the outdoor Seating area. 6. If the intent is to not serve alcohol outside, the business shall supply the city with an affidavit stating that no alcohol wilt be served outdoors. 7. The design of the patio area and any fencing and Landscaping shall be such that sight lines in and out of existing or proposed access points are not obstructed. 8, When not in use, the outdoor seating area shall not be used for off-season outdoor starago. 9. Banners, streamers or other types of permanent or temporary signs shall not be placed or displayed on the barriers surrounding the outdoor dining areas. 10. The outdoor dining area shall not take on characteristics of a building having a roof and/or walls. 11. The Planning Commission, through the site plan approval process, shall determine the need for additional on-site parking requirements for the outdoor seating area. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan.. One of the goals of the Comprehensive Plan is to enhance the economic viability oj'the community. The proposed amendment would be consistent with the Comprehensive Plan by allowing the continual use and enjoyment of restaurants and other dining places in a safe manner. 47 PLANNING & ZONING COMMISSION MINUTES PAGE 12 JUNE 1, 2010 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for any restaurant or food establishment in the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Not applicable. Staff recommends approval of the proposed Zoning Amendment. Questions from members: Fiorendino said staff did a great job incorporating the comments members made at the last meeting and that he supports the new version of this Ordinance. Schmitt questioned #6 of the Ordinance that requires owners to sign an affidavit if no alcohol is being served. She doesn't see the purpose for this. Sargent explained it is for those businesses that have a license to sell liquor and also have an outside seating area that doesn't meet all the criteria, therefore they need to submit something stating they won't be serving outside. Customers could still eat ocrtside, but couldn't be served alcoholic beverages. She asked ifbusinesses that don't have liquor or beer licenses would stillyneed. to siygn this affidyavit. Sargent Sadd he could amenad the language tC'i make at only ne~ei."iar y avr ti dfis°~, t~iat fiav°s. iagi,~or~VS°t°r licenses. Schmitt then. asked about #4 that disallows for any outdoor seating on driveways or parking areas. She felt if they had sufficient parking, they should be allowed to do this. Sargent stated it is in the Ordinance for safety reasons. If no barrier is required and seating would be allowed in the parking lot, vehicular accidents could occur. This Ordinance is meant to be an enforcement tool and prevents outdoor events from getting carried away or out of control. Schmitt used Marina's as an example as they put a tent up in the parking lot for Ramadan. Sargent said the Ordinance is meant for the conduct of a permanent restaurant business, not for temporary event licenses that are issued. Fiorendino asked if the Police Chief had reviewed the revised Ordinance. Sargent said he looked at the first draft and had approved that version. He will see to it that he looks at it again before it goes to the City Council. Schmitt asked if Albert's would be allowed to have patrons drink outside. Sargent said he should not be allowing patrons to drink outside now, and under the new Ordinance it wouldn't be allowed either as he cannot meet the barrier requirement. Gary Peterson thinks the Ordinance is overkill, especially for a place like Albert's. He doesn't feel anyone would pay good money for a drink and then pass it to someone else. He said businesses in downtown serve 48 PLANNING & ZONING COMMISSION MINUTES PAGE 13 JUNE 1, 2010 outside all the time right on the sidewalks and they have no problems. He then mentioned the Boosters holding an event at the Liquor Store for Brats and Beer and asked how this Ordinance would affect that. Sargent explained that some of the conditions listed would allow the Commission to address some of these issues on a case by case basis. If a Site Plan is submitted, the P & Z Commission can decide whether to allow outdoor liquor if they meet the intent of the Ordinance. He said the Police Chief is not happy with having alcohol served outside with no barrier. It is the intent to protect the Public. Schmitt agrees with the Mayor and doesn't want to require high fences. Albert has fixed up the place so much, she doesn't want to put unnecessary restrictions on him to operate his small business. She wants to encourage local residents to frequent the establishment. Sargent responded that the Ordinance does not specifically require fencing, nor does it require a certain height for the barrier used. It is up to the applicant what type of barrier to use that would prevent free and easy access to the patrons drinking. Fiorendino felt comfortable with the P & Z Commission using their judgment on each case as it comes before them. Sargent said it is hard to encompass all situations in one Ordinance. He stated one requirement in this Ordinance is that customers cannot be served on the Public Right of Way. Columbia Heights does not have ~ foot sidewalks like downtown Minneapolis and we need to meet ADA regulations. Mayor Peterson asked whether the Commission. members thought Puerto Del Sol would comply with. the Ordinance as a `"test case". Peterson said he would accept it. Schmitt and Fiorendino said it wouldn't as there was no access from the building directly. Sargent agreed it would not meet the requirements. Mayor Peterson said his point was if we pass the Ordinance then there will always be exceptions to be made. Public T~-'~earin~; Opened: Mark Roscommon from 4151 Stinson Blvd. asked where the common sense is in this issue. There are no gates and fences required downtown or at other establishments throughout the Twin Cities area. Why put these types of confines on our local small businesses. He felt this Ordinance is too controlling. Public Hearing, Closed. Sargent said he would change the language in #6 to only require those with Liquor Licenses to submit an affidavit and to add condition # 12 stating that temporary events would be handled administratively for parking and seating requirements. Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends that the City Cozzncil approve the proposed zoning amendment. Ayes-Fiorendino and Nays-Schmitt and Peterson.. MOTION FAILED. The following Ordinance will go before the City Council for the first reading June 14, 2010 without a recommendation from the Commission. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO.1490, CITY CODE OF 2005 RELATING TO OUTDOOR SEATING FOR RESTAURANTS AND OTHER EATING ESTABLISHMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS 49 PLANNING ~ ZONING COMMISSION MINUTES PAGE 14 JUNE 1, 20I0 The City of Columbia Heights does ordain: Chapter 9, :4rttcle I, Section 9.107 (C)(1) of the Columbia Heights Ciry Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C} Specific development standards. The following uses are subject to specific development standards: (34) Outdoor seating. a. Outdoor seating plans will be subject to Planning Commission approval through the Site Plan Approval Process. b. Outdoor seating shall be located fuIly on the property in which it is intended, and may not restrict pedestrian traffic on public rights-of--way. c. Outdoor seating shall be on a hard surface meeting all Americans with Disabilities Act (ADA) requirements. d. No outdoor seating shall be allowed on driveways or parking areas. e. If the intent is to serve alcohol outside, the following regulations shall be enforced: 1. The outdoor dining area shaII be adjacent to the principal building and access shall be provided from within the principal building only. 2. A barrier shall be installed around the perimeter of the outdoor seating area, and shall be approved through the site plan approval process on a case-by-case basis. 3. The barrier shall be constructed in a manner that ensures that non-patrons of the restaurant will not have free and easy access to alcoholic beverages provided by patrons using the outdoor seating area. f. If the intent is to not serve alcohol outside, the business shall supply the city with an affidavit stating that no alcohol will be served outdoors. g. The design of the patio area and any fencing and landscaping shall be such that sight lines in and ont of ezisting or proposed access points are not obstructed. h. When not in use, the outdoor seating area shall not be used for off-season outdoor storage. i. Banners, streamers or other types of permanent or temporary signs shall not be placed or displayed on the barriers surrounding the outdoor dining areas. j. The outdoor dining area shall not take on characteristics of a building having a roof and/or walls. k. The Planning Commission, through the site plan approval process, shall determine the need for additional on-site parking requirements for the outdoor seating area. *NOTE* Existing Code Sections 9.107 (C}(3) (34-47} shall be renumbered accordingly. Chapter 9, Article I, Section 9.110 (E)(5} of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERC DIST CTS. (E) GB, General Business District. (5) !'errnitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB, General Business District: (a) Private garages, parking spaces and loading areas. (b} Accessory buildings. (c) Landscaping and other horticultural uses. (d) Incidental repair or processing necessary toe conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. (e} Temporary construction buildings. (f) Signs as regulated by ~ 9.106. (g) Outdoor seating for restaurants and other eating establishments. Chapter 9, Article I, Section 9.110 (F)(5) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS. (F) CBD, Central Business District. (5) Permitted accessory zrses. Except as specifically limited herein, the following accessory uses shall be permitted in the CBD, Central Business District: (a) Private garages, parking spaces and loading areas. 50 PLANNING 8c ZONING COMMISSION MINUTES PAGE 1 S ,TUNE 19 :~0I0 (b) Accessory buildings. (c) Landscaping and other horticultural uses. (d) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. (e) Temporary construction buildings. (f) Signs as regulated by § 9.106. (g) Outdoor seating for restaurants and other eating establishments. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. NEW BUSINESS Peterson reminded everyone the Columbia Heights Lions Club Jamboree will be held June 24-27`". He invited everyone to join in the festivities of the parade, carnival, fireworks and beer gardens. The meeting was adjourned at 8:30 pm. Respectfully submitted, Shelley Hanson Secretary 51 Approved 6/2/2010 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES May 5, 2010 The meeting was called to order by Chair Patricia Sowada, at 6:30 p.m. Members present were: Patricia Sowada, Barbara Tantanella, Lynette Thomson, and Catherine Vesley. Also present: Becky Loader, and City Council Representative Bruce Kelzenberg. Not present: Nancy Holum, and Stacey Hendren. Renee Dougherty, Adult Services Librarian, was introduced to the Library Board. A brief resume of Renee's qualifications and background were given. Library Board members were also introduced. Board members gave background information on themselves. The minutes of the April 7, 20I0, Board meeting were approved as mailed. The bill list dated 4/26/10 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 5/10/10 was reviewed. It was moved, seconded and passed that the bills be paid. The 2010 accounting dated 5/5/10 was reviewed. Old Business: 1. There has been a delay on the installation of the table for the new Gates computers. May 23`d is the target date for delivery and installation. New Business: 1. The crossover statistics for March were reviewed. It was noted that the gate count is up, and. magazine usage is down. 2. The Board discussed the cost of refunds on paid-for materials. Motion: To no longer refund cost of paid-for materials that have been found by patrons. To be effective oi~/after May 1, 2010. The motion was seconded and passed. 3. The Board discussed the current checkout limits on CDs and magazines. Motion: To remove the limits on CDs and magazines for patron circulation. The motion was seconded and passed. 4. The Coordination of Operations Plan (COOP) prioritizations documentation was reviewed by the Board. T11e plan for the Library is complete and the Civil Defense Director will compile the plans for all the departments to be approved by the City Council. 5. The resignation of Suzanne Miller, State Librarian, was discussed. There is a possibility that the library will have to report to the state 4 times a year instead of once. 6. The Jamboree parade will take place Friday, June 25`h. Board members will participate and are currently planning to set up 3 tents with water available for parade goers. 52 7. Staff Day is scheduled for August 27`h, and the Board was asked to pay the part-time professional personnel who attend. Motion: To pay part-time professional staff who attend Staff Day. The motion was seconded and passed. Items from the floor: 1 o Saturday, June 5"', Anoka County Libraries and the Columbia Heights Public Library will be hosting a Library Crawl. All buildings will have musical acts and artists. There being no further business, the meeting was adjourned at 7:25 p.m. Respectfully submitted, Catherine Vesley Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will he provided to allow individuals with disabilities to participate in all City of Columbia Heights services, pt°ograms, and activities. 2 53 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, APRIL 5, 2010 CALL TO ORDER The meeting was called to order by Chairperson Carlson at 5:59 p.m. ROLL CALL Members present: Anderson, Carlson, Doty, Goodman, Tyler Staff present: Kathy Young, Assistant City Engineer Ted Fiseher, Police Sergeant Sue Schmidtbauer, Public Works Secretary Council Liaison: Bruce Kelzenberg APPOINTMENT OF SEC TARY TO THE T FFIC CO ISSION Motioned by Carlson, seconded by Goodman, to appoint Sue Schmidtbauer as Secretary to the Traffic Commission. Motion carried unanimously. OATH OF OFFICE Young administered the Oath of Office to Charles Tyler. APPROVAL OF UTES Motioned by Goodman, seconded by Anderson, to approve the minutes of October 5, 2009, as presented. Motion carried unanimously. OLD BUSINESS None. OT R OL BUS ESS None. US SS None. OTHER NEW BUSINESS Goodman asked if something can be done regarding the stoplights on Central Avenue. The wait is over two minutes long. Young stated we are currently working with MnDOT on 49t" Avenue. The lights do switch to sensors at night. Other long waits are on 37`", 40`", 41S`, 49t", and 50`". Young will check the wait on 44`". Goodman stated he might speak to Jim Kordiak about the lights as he has resolved other matters in the past. The 2012 plan includes replacing the signals, so if we bring this up now possibly the wait times can be changed. However, longer wait times will be needed during rush hour, 6-9 AM and 3-6 PM. Motion by Goodman, seconded by Doty to pursue traffic signal time changes on Central Avenue. 54 Traffic Commission Minutes -April 5, 2010 Page 2 REPORTS CITY ENGINEER The City will hire a crossing guard for students during the summer while the pedestrian bridge construction is taking place. When there is no crossing guard the traffic will be detoured. Labor Day is the deadline for completion of the new bridge. Young advised the commission regarding the MCES Project on 46-1/2 and Monroe. A portion of 49`" Avenue will be closed for 2-3 days. Traffic will be detoured. POLICE CHIEF Jaywalkers are now fined $100. This has reduced accidents on Central Avenue by 30%. Squads spend approximately one hour per day watching for jaywalkers. A flyer that is sent home to parents also included jaywalking information. Bike licenses are no Longer required. Police do stop bicyclers at night if they do not have lights on their bike. COMMISSIONERS Doty asked if the pedestrian bridge will be wide enough to use a trackless tractor. Young stated it is. Doty stated the manhole cover on 49`" comes off due to flooding on the southeast corner and suggested using covers with a key~~way system. ADJOI:f1EtN>ti~NT 1Vlotioned by Doty, seconded by Anderson to adjourn the meeting at 6:39 p.m. Motion carried unanimously. Respectfully submitted, Sue Schmidtbauer Public works Secretary 55 COLUMBIA HEIGHTS -CITY COUNCIL LETTER AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: Meeting date: Fire June 14, 2010 No. ITEM: Approve Transfer of Funds from General Fund to Fire BY: Gary Gorman f i ° ~~~ Dept. Budget No: DATE: June 14, 2010 " Background: The Minnesota Board of Firefighter Training and Education provides reimbursements of costs associated with firefighter training and certification. The funds are appropriated by the State Legislature from the Fire Safety Account and are dispersed through an application process. RECOMMENDED MOTION: Move to transfer $2,056.50, the amount received from the Minnesota Board of Firefighter Training and Education, from the General Fund to the Fire Department 2010 budget. COUNCIL ACTION: 56 CITY COUNCIL LETTER rn.eeiln OI JuIiC 1°t, GV 1 V .AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MAl~1AGER NO. POLICE APPROVAL: ITEM: Authorize Animai Pound Contract with BY: Scott Nadea BY: '~r`° _ Camden Pet Hospital for period afJuly 1, 2010 DATE June 1, 2010 ~ ~ DATE::. d to July 1, 2013 ., ~ NO. BACKGROUND The Columbia Heights Police Department has been contracting with Camden Pet Hospital far the past nine years, and they have been an excellent partner in providing animal control services. The Police Department has an excellent working relationship with the facility, and its owner Dr. Cynthia Fetzer. Last year, as part of the 2010 budget preparation, a survey was conducted of potential contractors to determine if there was a viable alternative. This study found that ether pet hospitals" rates would be signifcantly higher, andlor their locations much less convenient, thus resulting in additiorxal staff time being spent in the handling of animal calls. At that tune, Dr. Fetzer indicated that she would be willing to renew Camden's contract with the City with a 7% increase in fees. It was determined that this increase would result in fees that were still reasonable in comparison to other potential vendoxs, and the amount was factored into the 2010 Animal Control budget. ANALYSIS/CONCLUSION The Columbia Heights Police Department recommends that the City Council approve the attached contract with Camden Pet Hospital to serve as our impound agent far the next three years. C ENI3 TI N: Move to authorize the Mayor and the City Manager to enter into a ee-year contract with C den Pet Hospital as stipulated in the attached contract for the period of July 1, 2010 to July 1, 2013, kao 57 - a i .A,~~:CMAL POUND CONTRACT _ CITY OF COLUMBIA HEIGHTS July 1, 2D14 to 3uly 1, 2412 This agreement made by and between the City of Columbia Heights municipal corporation (hereinafter called the City}, and Cynthia A. Fetzer PA, DBA as Camden Pet Hospital, a prafessional corporation (hereinafter referred to as the Poundkeeper}: For and in consideration of the covenants and agreements herein captained, the parties agree as follows: WHEREAS, the City is desirous of contracting with the Poundkeeper for the purpose of having a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats, which may be picked up pursuant with the City Ordinance by officials of tl~e City; and WHEREAS, the Poundkeeper has and warrants herein that it has good and sufficient facilities to perform said functions adequately and humanely far the City: I~IOW THEREFORE, the parties hereto agree as follows: 1. That the Poundkeeper shall receive from agents or officials of the City and shall keep, feed, board, and shelter all dogs and cats entrusted to the Poundkeeper by the _, .-.---:Cpl - in ~" hume'-i~:aiii'~er-~aiid "ptirstz~srt~ti~'t~rgiriaiic~es°'of- the' Cit~~`ait or' any _ - ~ -= a licable statutes of the "Mate of 1Vhruiesota relator to anamals. 2. If any dog or cat shall not be reclaimed by the owner wi five (5} regular business days, as defined in M.S.A. 35.71., t'ne City shaii have po right or interest ira such a:nixnal and the Poundkeeper may dispase of such animal in a proper and humape n~zaru~er or in accordance with M.S.A. 35.71, Subdivision 3. Try the event the Poundkeeper has knowledge of a party other than the owner who is willing to give the animal a new home, the animal may be released after the fzve-day holding period; all boarding charges to be paid by the City. The Poundkeeper shall, pat withstanding the aforesaid, in instances where an animal has bitten a Duman, keep the animal for the ten (10) day period required under statute for observation purposes to determine whether the animal is diseased. In the event any owner shall make claim to the animal within the period specified aforesaid, the animal shall be released by the Poundkeeper upon being provided an executed farm for such purpose by the City. If the Poundkeeper has received specific instructions to continue to hold the animal for a longer period of time, the City shall be responsible for the continuing charges thereon until the hold has been released by the City. - - In the event the animal is delivered to the Poundkeeper dead on arrival, the Poundkeeper shall dispase of the carcass of said animal. In the event that an animal is disposed of by euthanasia, the Poundkeeper shall likewise dispase of the carcass of said animal. 58 Animal Pound Contract Page 2 July 1, 201, 0 to .July 1, 2012 3. The Paundkeeper shall keep accurate records of all transactions invalvzng animals he receives that have originated through the City pursuant to this Agreement and -shall furnish .monthly statements and accounts, including setting forth the disposition of the animals he has received from the City. 4. 'The poundkeeper shall at no time receive any fees %n connection with the .licensing, impounding, board, care, keep ar shelter of any animals he receives pursuant to this contract. 5. All charges made pursuant to the obligations of the Poundkeeper pursuant to this Agreement shall be paid by the City directly to the Poundkeeper after the Poundkeeper has billed and furnished the necessary monthly statements to the City. 6. The Poundkeeper shall be paid based upon the following fee schedule: A. The City shall pay the Poundkeeper $375.00 per month as an administrative fee; B. The Poundkeeper shall be paid $21.04 per day for cats and $23/day far dogs for each day or part of a day which the Poundkeeper keeps an impounded aiumal, C: `yT~e'~aiiclkeep`er s~ial~l lie paid "$23`60 ~'or°the disposal of the carcass of-eac -" ~-~"'.~~'.`..__.~ , .~.,-- animai that he receives in a "dead on arrival" condition; D. The Poundkeeper shall be paid $54.00 for the disposition of each live ai at the discretion of the Poundkeeper (this includes the disposal charge if applicable}. 7. The Poundkeeper sha11 keep the pound open during regular business hours that shall coincide with the hours of the City offices. Release at times other than regular clinic hours and at a mutually agreeable time between Poundkeeper and owner of the pet can be arranged. S. The pound shall be open at alI reasonable tunes for inspection by the City through its agents ar employees. 9. The Paundkeeper shall be responsible for ail damages or harm suffered by the animal under its care and in its custody that may be due to the negligence or ._ ,. -- . .°- . deliberate acts of`tlie Pouridkeeper. The Poundkeeper shall save the City-harm ess-. ~. - for any damages, costs, actions, or causes of actions, or claims made against the City for any harm, lasses, damage, or expenses on account of bodily injury, disease or death, and property damage resulting from the Poundkeeper's negligence. To accomplish this, the Poundkeepar shall keep in full force and effect comprehensive general liability insurance in an amount of not less than 592 Animal Pound Contract Page 3 July 1, 2010 to 3uly 1, 2012 $100,000.00 far each incident and $300,000.00 for a combination of incidents to safeguard and indemnify the City for any of the occurrences mentioned aforesaid. Such insurance policy must be filed with the City Clerk. 10. It is agreed and understood that the Poundkeeper shall abide by all the laws of the State of Minnesota and the City of Columbia Heights; and if for some reason said laws become in conflict with each other or the terms of this Agreement, the Pouudkeeper shall, in writing, notify the City of the said conflict so that this Agreement may be modifzed to conform with the said laws. 11. This Agreement shall be in full force and effect as of July 1, 2010, for three years following, provided, however, that the same maybe terminated by the agreement of both parties hereto or by either party upon giving six (6} months written notice of its intention to terminate this Agreement. CITY OF COLUMBIA HEIGHT'S BY: Mayor B"Y: City Manager CAS. EI`~ PET H€~SPITAII DATE: IAA 1 E: DATEd G i b s~ CITY COUNCIL LETTER of June 14, 20I 0 AGENDA SECTION: Consent ~ ORIGINATING DEPARTMENT ~ CITY MANAGER NO. POLICE ~ APPROVAL: 11"EM: Approve Transfer of Funds for Unique Thrift BY: Scott Nadeau BY: from General Fund to Police Dept Budget Overtime DATE: June 1, 2010 DATE: ~ ~ Line #1020, and Neil Nelson training fees from General `~ ~~-.~ Fund to Police Dept Budget Training Line #3105 NO. ~~. `f f+. ,, BACKGROUND In the month of April 2010, the Columbia Heights Police Department worked several overtime security details at Unique Thrift. We were reimbursed $1,665.00 for those security details. On ivlarch 30, 20I 0, the Columbia Heights Police Department sponsored a training session instructed by Neil Nelson an "Strategies for the Recorded Interview." In addition to being attended by 13 members ofthe Police Department, spots in the class were offered to ether agencies at a fee of $50 in order to help defray the instructor cast of $1500.00. A fatal of 13 officers from other agencies attended the course, and we have now received those payments, resulting in an punt of $650.00 being deposited. ANALYSIS/CC3NCLUSI4:}N The .P olive Department is requesting that these funds be moved from the Ueneral Fund back into the 2010 Police Department Budget as follows: $1,665.00 to line 1020, Overtime, and $650.00 to line 3105, Training and Educational Activities. kao COUNCIL ACTION: 61 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: June 14, 2010 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approval of a 200 square foot area BY: Jeff Sargent, City Planner BY:~^ - ~° variance for wal I signage for 4849 Central DATE: June 3, 2010 ~`~~ " ~ ' ~` ~ a ~ ~ ` Avenue. ~ , . y. BACKGROUND: At this time, Savers is requesting a 200 square foot area variance for new wall signage for the building located at 4849 Central Avenue. On May 4, 2010, the Planning Commission approved a Site Plan for the construction of a new loading dock for Savers located on the east side of the building. Along with the construction of this loading dock, Savers is planning on expanding into the vacant end-cap tenant space and will be using the entire building. Savers is planning on relocating the main entrance into the store and. would like new wall signage to compliment the new changes. The orientation ofthe building on the property limits sight lines for passersby along Central Avenue. Wall signage limited to 200 square feet would be insufficient for a building in excess of 33,000 square feet and oriented in the manner it is and on a corner lot. RECOMMENDATION: The Planning Commission recommended approval of the 200 square foot area variance for additional wall signage for the Savers store located at 4849 Central Avenue with a 3-0 vote at the June 1, 2010 Planning and Zoning Commission Meeting. RECOMMENDED MOTION: save to waive the reading of Resolution 2010-41, there being ample copies available to the ptablic. ove to adopt Resolution No. 2010-41, approving a 200 square foot area variance for additional wall signage for the Savers store located at 4849 Central Avenue, subject to the conditions outlined in Resolution No. 2010-41. Ht[aCntTZentS: 1CeSOltlnOn LUI v-=t1; Y+G Memo; LOCatlOn MC7ID. JZgn Ylat1 COUNCIL ACTION: 62 RESOLUTION N0.2010-41 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONSOF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SAVERS WHEREAS, a proposal (Case # 2010-0601.) has been submitted by Savers to the City Council requesting a variance from the Ciiy of Columbia Heights Zoning Code at the following site: ADDRESS: 4849 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 200 square foot area variance for wall signage per Code Section 9.106 (P}(12}. WHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on June 1, 2010; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect ofthe proposed variance upon the health, safety, and welfare ofthe community and its Comprehensive PIan, 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 Crty Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1, because ofthe 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. 4. 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 ofthis variance and approval; and in granting this variance the city and the applicant agree that 63 Resolution No. 2010-41 Page 2 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 permit prior to the installation of the signs. Passed this 14'h day of June, 2010 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz. CMC City Clerk 64 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2010-0601 DATE: June 1, 2010 Td: Columbia Heights Planning Commission APPLICANT: Savers LOCATION: 4849 Central Avenue NE REQUEST: 350 square foot area variance for wall signage PREPARED BY: Jeff Sargent, City Planner IN°f~~171°ItV At this time, Savers is requesting a 200 square foot area variance far new wall signage for the building located at 4849 Central Avenue. an May 4, 2010, the Planning Commission approved a Site Plan for the construction of a new loading dock for Savers located on the east side of the building. Along with the construction of this loading dock, Savers is planning on expanding into the vacant end-cap tenant space and will be using the entire building. Savers is planning on relocating the main entrance inta the store and would like new wall signage to compliment the new changes. ZONI G RLIINA CE The zoning classification of the property is GB, General Business District. Per Code Section 9.106(P)(12), signage in the GB District is permitted as follows: 1. Any number of wall signs on any side of a building not to exceed 200 square feet of total surface area far all wall sign surfaces and limited to one surface per sign. 2. Total signage shall not exceed two square feet for each front foot of building or structure. Therefore, the Zoning Code would restrict the total square footage of wall signage for the Savers store to 200 square feet. Savers is proposing a sign plan that incorporates four wall signs totaling 400 square feet. For this reason, a 200 square foot area variance is required. Currently, Savers is utilizing two wall signs. The main "Savers" entrance sign is City of Columbia Heights Planning Commission June 1,2010 4849 Central Ave -Wall Sign Variance Case # 2010-0601 approximately 59 square feet in area. The second "America's Favorite Thrift Store" sign is approximately 38 square feet in area. The total wall signage for the building is 97 square feet. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial development. Being that Savers is a commercial entity and is expanding, the variance proposal is consistent with the types of uses guided far this area. 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 orientation of the building on the property limits sight lines for passersby along Central Avenue. Wall signage limited to 200 square feet would be insufficient for a building in excess of 33,000 square feet and oriented in the .manner it is and on a corner lot. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to ather properties within the same zoning classification. There are no other single-occupant buildings with the same size and orientation on a corner lot as Savers in the GE, General t3usiness Ciistrict. The request for a sign variance is unique in the City of Columbia heights for a building of this size, dimension and orientation. 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 provisions of the article do not properly address large, single tenant buildings. The purpose of the Sign Code is to prohibit a disproportionately high ratio between the size of the sign and the tenant space the sign is intended for. In this case, the opposite is occurring. If the applicant were limited to 200 square feet of wall signage, there would be a disproportionately low ratio of wall signage to the size of the building. Page 2 66 City of Columbia Heights Planning Commission June 1,2010 4849 Central Ave -Wall Sign Variance Case # 2010-0601 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 for commercial development. Being that Savers is a commercial entity and is expanding, the variance proposal is consistent with the types of uses guided for this 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 help promote Savers as a commercial entity in the city. The overall size of the signage on the building will be proportionate to the size of the building and will not be detrimental to the public. RECOMMENDATION Staff recommends approval of a 20Q square foot area variance for wall signage far the Savers store located at 4849 Central Avenue because the stated hardship justifies the magnitude of the variance request. Motion: That the Planning Commission recommends that the City Council approve the 2Q0 square foot area variance for new wall signage for the Savers building located at 4849 Central Avenue per Section 9.106(P)(12) 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 permit prior to the installation of the sign. ATTACHMENTS ^ Draft Resolution ^ Location Map ^ Site Plan Page 3 67 4849 Central Avenue ...... ~. 6,60 r21 z 7 :u i!~t! w - , ~ ~ ° 828 8126 ]i1 ~?eEE° O1 6 soya sobs N 6048 SMe t~j0 °n $ u~ e 9049 6642 c p 6086 n 5060 2 8091 6090 m $ 4 fi026 5014 $~ ~/2 AVE 8 8018 5018 6060 2 5013 6912 WO ' OZ 5013 3006 Z 5011 V) 5000 6 8007 Y o dpi 5000 ~ soar ~ ' spot 8 4857 4868 4955 846 42 4961 4850 a949 4949 4880 484] 4948 4943 4941 ggg0 6941 0 - 4931 8 403] 4938 4435 90 4931 4930 491(2 AVE a 4820 -~ ~~ -0 ~~~~ ~~ 4915 26 4827 4926 4425 20 4921 4820 4917 4810 4989 W i4 d816 4910 4909 ~ $ Z O6 4807 841 d900 0 6901 6BS 705 4863 4880 ~ ':~, ,....:::a..m .: 'S,'; ~ ~ ~ ~~.. 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H ~ W Q ~ ~ ~ QZ m~~?m ~~ z GU~W~ m~~C~m o ~ a, LL z ... r W W _ t3~ U7 S ~ r I !Y ~ ~ J _• m ~ ® ~ ~ Z ® J H G~Z'' ®~ > w ~ H ~ M ~ ~ ~ Z ~ U ~ o Zu~~aN®~ -.,. -7~~mc'n -_~ Q > Z Z ~ w OmQa~, ~ w U U W tV ~ ~ Q w ~v`nip~~- Z (, -- ~ ~ mNpZ~ a.UUZa' J z Z W ~. 0 Z • ..j ~~ 0 wZ Z~ v _ ~ y .~ ~_ _ C L C m "~ R 4 L'U E NO >,'~ ~ p a a m~V g> U ~ Q a E ~; ~~~ ~~ o d` k m 0 ~a m Q z° COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: 6/14/10 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Recreation APPROVAL - ~'~ . ~~ ITEM: HVAC Preventive Maintenance BY: Keith Windschitl BY: ,, E ~;; Services for John P. Murzyn Hall DATE: 6/2110 DATE;v`~'. ~ `° ~ NO: ~/ John P. Murzyn Hall has had a contractual relationship with Honeywell for preventive and replacement HVAC service since 1992. For the past several years, the contract has been renewed on a year-to-year basis. The contract with Honeywell ended in November of 2009. The energy management project for Muzyn Hall that the City entered into with Honeywell as almost complete. The new HVAC units have been operating and are currently being repaired under warranty. As the warranty will soon expire, we now need to look at preventative maintenance for the HVAC equipment. Honeywell has guaranteed the City a significant cast savings as outlined in the project contract. As a provision of the energy guarantee, the City is required to properly maintain equipment and document maintenance records. As the equipment is new at Murzyn Hall the quotes received were to include preventive maintenance and to have emergency service quated an a time and materials basis. The intent was to obtain better prising by not including equipment replacement as new units should not require this type of maintenance at this time. The quotes received were from Honeywell and NSI Horwitz Mechanical Services. NSI Horwitz Mechanical is the company that the City recently selected to maintain Public Works, Library and City Hall. The agreement terms align with the current contract as the other City buildings. The annual price quotes are indicated below, Company: annual Cost: Honeywell $9,052.00 t Ho ita $7,740.00 Staff recommends contracting with NSI Horwitz because of the following: • Competitive price and lowest total cost. • Experience in refrigeration servicing • Online tracking portal for maintenance requests, issues and completion of tasks. • Flat rate for time/material services • Synchronize with the rest of City buildings Recommended Motion: Move to accept the proposal for HVAC Preventive Maintenance Services, proposal #P10-0130, from NSI Horwitz for John P. Murzyn Hall effective June 15, 2010, based upon their low, qualified, responsible proposal and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. COUNCIL ACTION: 76 { ~ ~ F~ _. ~ ..~ ~~ `y .~__ :~~_ ~f ~. ~.~ ~~ _- 4401 QUEBEC AVENUE NORTH /NEW HOPE MN 55428 763-235-9833 / 763-235-9834 fax Proposed For: City of Columbia Heights, MN 637 38th Avenue N.E. Columbia Heights, MN 55421 Attn: Kevin Hansen Phone: 763-706-3705 Fax: 763-706-3701 NSer AGREES -ro: Job Location: Murzyn Hall 530 Mill Street Columbia Heights, MN 55421 1j Provide a planned preventive maintenance program tailored specifically to the customer's HVAC system. 2) Perform the procedures detailed on the enclosed IViaintenance Schedule /~ on a regularly scheduled basis and as required. 3) Provide at no additional charge the necessary lubricants and other maintenance materials required. 4} Report to the person or office designated by customer. Customer to inform NS/I of changes in personnel. 5) Maintain only the equipment listed on the enclosed Equipment Schedule B. 6) Furnish the customer with a report of any irregularities revealed as a result of the maintenance inspections. Corrective measures or recommended repairs will be submitted for customer approval. 7) Make recommendations for the purposes of reducing energy usage at no additional charge. START-UP /SHUT-DOWN Seasonal start-up and shut-down of covered equipment shall be performed as part of this agreement. REPAIR AND REP CEMENT Provide repairs and services beyond the scope of this agreement at a preferred customer discount of 10% on ail labor, parts, and material. EMERGENCY SERVICE NS//shall make available 24-hour emergency service and give contract holders preference over all other customers. 4401 QUEBEC AVENUE NORTH /NEW HOPE MN 55428 763-235-9833 / 763-235-9834 fax EXCLUDED FROM PLAN 1) Nan-maintainable items such as ductwork, boiler shell and tubes, cabinets, boiler refractory, main power service, and electrical wiring, piping, tube bundles, valve bodies, coils, structural supports, storage tanks, and other similar items. The cost of repair or replacement parts, refrigerant, or materials other than maintenance materials. 2) The cost of emergency service calls. 3) Labor cost other than that required for the preventive maintenance program. TERMS: 1) The Maintenance Agreement shall commence on tune 15Y, 2010 and shall remain in force for a period of one year and from year to year thereafter; except that either party may, upon 30 day written notice prior to the anniversary date, terminate this agreement. 2) Annual contract price may be adjusted only at the anniversary date unless equipment is added to or subtracted from the original contract. 3) Annual price adjustments shall hereafter become a part of this agreement and shall be mailed to customer approximately 60 days prior to the anniversary date. 4) Maintenance Agreement shall be paid in advance for the sum of: 1 935.00 Each Quarter ($7,740.00/Year) OPTIONAL PROVISIONS: /1 is authorized to perform repairs while onsite up to the limit of $ without approval. Lail to schedule maintenance service in advance Yes / No. ^ Check in/out with: ADDEPTED Ah1D APPR~YED BY: SIGNATURE TITLE NAME (PRINT OR TYPE DATE DATE APPROVED AND ACCEPTED BY: F.C. Williamson President TITLE Peter 3. Greene ~s s: _ _ r-~~e~s~--~a 4401 QUEBEC AVENUE NORTH /NEW HOPE MN 55428 763-235-9833 / 763-235-9834 fax CUSTOMER AGREES TO: 1) Permit NS/1 personnel the use of the common building equipment, such as ladders, elevators, etc., together with free and timely access to necessary areas. 2) NS/I will not be required to remove, replace, or alter any part of the building structure in the performance of this agreement. 3) That all work referred to in this agreement shall be performed during the regular working hours of 7:00 AM to 3:30 PM, Monday through Friday, except Holidays. If for any reason, the Customer requests that work be performed beyond regular working hours, the Customer agrees to pay only the difference between regular and overtime labor at NS//standard rates. 4} This Maintenance Agreement takes into consideration the extension of the manufacturer's warranties to the Customer on the equipment outlined herein. 5} To make prompt payments. Should a payment become thirty (30) days delinquent, this contract may become null and at any time thereafter at the option of NS/1, and all monies owed NS/1 plus court costs and attorney fees will became due upon demand. 6) Operational efficiency will be assured if all necessary work is performed or equipment added by qualified NS/1 personnel. In the event of any alterations, additions, adjustments, or repairs by others (unless authorized by NS/I) NS/1 assumes no responsibility and has the option to terminate this agreement. 7} Loss of business or any delays occasioned by events that SjI cannot centre! such as strikes, riots, lock- +.- t' .J A t F (^ h r ri C /' e^ tr~l shad not i/ut~, tran5portas.iOn uelays, aCC6dents, r-sCc..i Oe e3Cd, Or any t"itcaee C'aG$e bey0„d N... . ~ von, be the responsibility of NS/l. 8} Any items of equipment or labor required by insurance companies; federal, state, municipal or other authorities will not be required to be furnished by S/f. 9) N/S//shall not be responsible for original system design, installation or its performance in maintaining design conditions. 10) Under no circumstances, whether arising in contract, tort (including negligence), equity or otherwise, Shall NS/1 be responsible for loss of use, loss of profit, increased operating or maintenance expenses, claims of customer's tenants or clients, or any special, indirect, or consequential damages. 11) NS/1 has no responsibility or liability for the indoor air quality of the customer's facility including without limitation any illness, injury, or damage resulting in any manner from any fungus(es) or spore(s), any substance, vapor, or gas produced by or arising out of any fungus(e) or spore(s), or any material, product, building component or structure that contains, harbors, nurtures, or acts as a medium for any fungus(es) or spore(s). 4401 QUEBEC AVENUE NORTH /NEW HOPE MN 55428 763-235-9833 / 763-235-9834 fax SCHEDULE `°A" X Program Management Maintenance frequency, quality, scheduling, customized tasking, and custamer service. X Seasonal Start-Up/Shutdown (S) Seasonal start-up and shutdown of covered equipment as required. X Operational Inspection (O) Test and inspect covered equipment and components for proper operation, excessive wear, vibration, and noise. X Major Inspection (M) Clean, align, calibrate, adjust, tighten, and lubricate all covered equipment. X Condenser Cleaning (C) Annually clean all air cooled candensers after cottonwaod seasan. X Belt Replacement (B) Annually install new belts on all covered belt driven equipment. ?t Filter Change (~) Replace or wash filters in all covered equipment quarterly per service agreement. X Maintenance Supplies Included Cleaners and lubricants required to perform the maintenance services outlined in this agreement. Additional Services: Annual contract satisfaction review (CSR} to review scope, outcomes and adjustments if necessary Special Instructions: Automation maintenance will be subcontracted to one of our BAS partnerships locally. Annual service will include (2} complete seasonal inspections of the system identified on inventory of equipment. Note: This is an addition to the master agreement currently in place. The above pricing shows the annual cost. The initial period of 6 months will be half the annual cost, or $3,870.00. All terms of the master agreement will apply. ners esponsibility: U W Z F V ai V m v c a ~ w ° ~ ' L U N iv II Q N U J CO N dN ~ W N Q ~f II Z LL . cZ a °Q w x J C d ~ rti ~ V = m Q ' L U ?y rn W ~ v w ~ _ "m m Z m s \ N ( ~ V n CD = m ~ ~ N ~ C n W ~ ` V ~ v ~e Z m ( Z Q ~ m Z ~ ~ w m - A, ~ Q Z O v ! m ~ v w `~° ~ v ~ ,.;::,... Q Q U o ~ v d' c 0 ~ o. ~ c Q - o .~ II m c W o LL u a c Z c °- ~ Q ~ ~ ' a O u O c 3 0 0 F- Z ~ W a C C a ;~ W p v N I 4401 QUEBEC AVENUE NORTH /NEW HOPE MN 55428 763-235-9833 / 753-235-9834 fax EQUIPMENT SCHE®ULE °'~'° QTY # MFG. MODEL NO. SERIAL NO. LOCATION UNIT TYPE 3 CutlerHammer M-350 HW Boilers 5 Grundfos UP-15 HW Pumps 1 Trane RAUC30 Air Cooled CU 1 Trane RAUC20 Air Cooled CU 2 Trane TTA120 Air Cooled CU 1 Trane 7TA030 Air Cooled CU 4 Trane 1-10HP Air Handler 3 Trane NOMHP Return Air Fans 2 Carnes Humidifier 5 ~teriiiig r,al~iinet UH 2 Goodman GMA024 Office Mini-Split AC 1 Honeywell ComfortPoint Bldg Automation System Includes: Gateway controller, Application Specific Controllers, VAV Controllers, Radiation Controllers, Room Sensors and front end (Keith's Computer) CITY COUNCIL LETTER Meeting of June l 4, 20l 0 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses f, a ~ NO: DATE: June 7, 2010 DATE: ~ Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for June 14, 2010 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: ~? ~. $4 _., r.._..__.._~, ~, List of 2010 Rental Licenses to Approve by ,- Council ~; _ __ 825 41st Avenue N.E. - Gotumbia Heights, MN 55421 - Ph: ?63-706-8156 -Fax: 763-706-8154 10018 5140 7TH ST NE LeMon, Brian F10356 10551 Major Ave $ 150.00 Brooklyn Park, MN 55443 10019 1052 49TH AVE NE Johnson, Richard F10402 159 N.E. Edgewater Dr. $ 150.00 Lee's Summit, MO 64064 10028 4252 3RD ST NE Erickson, Adam F10371 7460 Frontier Trail $ 150.00 Chanhassen, MN 55317 10055 4024 MADISON ST NE Johnson, Lowell F10397 51030 Deer Drive $ 150.00 Bruno, MN 55712 10078 4533 MADISON ST NE Moraz, Veronica F10359 15197 64th Ave. N $ 150.00 Maple Grave, MN 55311 10095 1020 44TH AVE NE Boujnikh, Lahoucine F10270 977 118th Ave NE $ 150.00 Blaine, MN 55434 10153 1011 41 ST AVE NE Clennon, Julie F10238 1011 41ST AVE NE Apt. #107 $ 150.00 Columbia Heights, MN 55421 10162 4035 CLEVELAND ST NE Hifl, Jeffrey F10351 4035 Cleveland Street NE $ 150.00 Columbia Heights, MN 55421 10199 3828 RESERVOIR BLVD NE Sery, Carolyn F10357 1301 E. 1 st St. #4 $ 150.00 Long Beach, CA 90802-5721 10227 1853 39TH AVE NE Hansen, Jack F10388 3906 Arthur ST $ 150.00 Columbia Heights, MN 55421 10350 4960 7TH ST NE Kramber, Jason F10389 7406 Spring Lake Road $ 150.00 Mounds View, MN 55112 06/08/2010 09:24 Page 1 85 .:;! List of 201 Rental ~~ ~ Licenses to Approve by ;' Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-7Q6-8151 12015 4237 UNIVERSITY AVE NE Demirovic, Belma F10364 4239 University Avenue N.E. $ 150.00 Columbia Heights, MN 55421 12041 665 45TH AVE NE Cadieux, Ronald F10379 667 45th Avenue $ 150.00 Columbia Heights, MN 55421 12072 4307 MADISON ST NE Stark, Sally F10363 4309 Madison Street $ 150.00 Columbia Heights, MN 55421 12078 5033 JACKSON ST NE Johnson, Jane F10358 5031 Jackson Street $ 150.00 Columbia Heights, MN 55421 12208 3727 RESERVOIR BLVD NE Ouass, Timothy 3727 Reservoir Blvd Columbia Heights, MN 55421 F10403 $ 150.00 20016 3976 VAN BUREN ST NE Clem, Bryan F10361 4436 Manchester Lane $ 150.00 Mound, MN 55364 20017 1212 CIRCLE TERRACE BLVD NETohey, Joseph F10396 544 Summit Street N.E. $ 150.00 Columbia Heights, MN 55421 20042 1316 CIRCLE TERRACE BLVD NE Fragale, Jayne F10401 B 52330 Azalea Ave $ 150.00 Stanchfeld, MN 55080 20061 3933 ULYSSES ST NE Mevissen, Brian F10367 3933 NE ULYSSES ST $ 150.00 Columbia Heights, MN 55421 20086 1400 CIRCLE TERRACE BLVD NE Okoro, Robert F10368 8725 Stratford Crossing N. $ 150.00 Brooklyn Center, MN 55443 20126 1332 CIRCLE TERRACE BLVD NE Fritz, Raymond F10369 4819 Howe Lane $ 150.00 Brooklyn Center, MN 55429 06/08/2010 09:?_4 Page 2 86 ~_, List of 2016 Rental ~ Licenses to Approve by ' Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-815fi -Fax: 783-706-8151 20167 4534 WASHINGTON ST NE Rudensky, Jessie F10186 3020 Harding Street NE $ 150.00 Minneapolis, MN 55418 20191 208 42ND AVE NE Sybesma, Dean F10385 562 78th Avenue N.E. $ 150.00 Spring Lake Park, MN 55432 20210 1222 45 1/2 AVE NE Olson, Nathan F10355 1076 Island Lake Ave $ 150.00 Shoreview, MN 55126 20244 4526 TYLER ST NE Ceske, Steve F10353 137 22nd Ave S. $ 150.00 South St. Paul, MN 55075 30010 3819 MAIN ST NE Gavilan, Vicente F10390 6625 88th Ave N. $ 160.00 Brooklyn Park, MN 55445-1657 30039 501 MILL ST NE Rocha, Joanna F10354 1483 W. Carpenter Ave. #2 $ 160.00 Falcon Heights, MN 55113 30060 4225 CENTRAL AVE NE Haines, Paul F10395A 4225 Central Avenue NE Apt. 1 $ 211.00 Calumbia Heights, MN 55421 30103 4557 MADISON ST NE Hassan, Mahamed F10277 16088 Hawthorn Path $ 160.00 Lakeville, MN 55044 30117 4607 TYLER ST NE Castro, Antonio F10287 2203 94th Way N $ 160.00 Brooklyn Park, MN 55444 30123 4654 TYLER ST NE Demetriou, Martha F10260 11159 Holland Circle $ 248.00 Eden Prairie, MN 55347 30152 4229 CENTRAL AVE NE Haines, Paul F10395 4225 Central Avenue NE Apt. #1 $ 234.00 Columbia Heights, MN 55421 06/08/2010 09:24 Page 3 87 ~.~..... __,~..~ List of 2010 Dental ... t` Licenses to Approve by 4 ~' ~ Council ..- 825 41st Avenue N.E. _ Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 30162 4556 TYLER ST NE Larson, Daniel 14405 Aberdeen Street NE Ham Lake, MN 55304 F10350 $ 234.00 30164 4643 PIERCE ST NE Meissner, Richard 19 E. Pleasant Lake Rd. North Oaks, MN 55127 F10372 $ 160.00 06/08/2010 09:24 Page 4 88 CITY COUNCIL LETTER Meetin of: June 14, 2010 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hannan f' DATE: ' --~' NO: DATE: June 9, 2010 ~: BY:''~ ~ ~~ ~ ' r~° d `'_i% BACKGROUND/ANALY5I5 Attached is the business license agenda for the June 14, 2010 Council meeting. This agenda consists of applications for 2010 Contractor licenses, A Temporary Liquor License for Immaculate Conception's Fun Fest in August, and Peddler's Licenses for the Jamboree events. At the top of the license agenda you will notice a phrase stating *Signed Waiver Farm Accompanied Application. This means that the data privacy form has been submitted as required. if not submitted, certain information cannot be released. to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda far June 14, 2010 as presented. COUNCIL ACTION: 89 TO CITY COUNCIL June 14, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG *Owens Companies Inc *North Country Aire *Home Energy Center East Bethel Htg & AC *Wenzel-Plymouth. Plumb *Matt's Plumbing Solutions *Ductworks Inc Anderson Plumbing Theodore Bergum Plumb Pipeline Ind Inter City W & S *Artistic Plumbing *Stillwater Plumbing LLP Farr Plumbing & Htg 930E 80`" St, Bloomington $60 29617 River Ridge Rd, Isanti $60 2415 Annapolis Ln N, Plymouth $60 19040 Dogwood St, Oak Grove $60 1710 Alexander Rd, Eagan $60 46 99t" Ave NE, Blaine $60 PO Box 169, Cedar $60 25766 Lake Rd, St Cloud $60 1554 Long Lake Rd, New Brighton $60 2270 Capp Rd, St Paul $60 11384 Crow River Rd, Hanover $60 6349 Quebec Ave N, Brk Pk $60 13951 60`" St N, Stillwater $60 2330 Winfield. Ave N, Robbinsdale $60 Lakewoods Remodeling *Royal Roofing *DoneRight Bldg & Remod *Thin Air Construction 9001 E Bloomington Free, Blomm $60 7472 Edmonson Ave NE, Monticello$60 3731 200`" St, So. Haven $60 360 Toronto St, St Paul $60 TEMP LIQUOR LICENSE POL Immaculate Conception Church 40301ackson St $300 For Fun Fest Aug 6-8, 20 i 0 90 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: June 14, 2010 . 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 134886 through 135091 in the amount of $ 1.443,7'7'7.42 . 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H N N N N N N N f+l M cr d' cl+ d' cr l0 1D ~A l0 ~D r r o~ CO CO 00 CO aD 1 1 1 ~ O i U ~ 1 C7 x 1 ~ Z 1 H FG W i U W W W ~ ~ a i U ~ ~ ~ O 1 H W P~ 1 0.l H m CITY COUNCIL LETTER Meeting of June 14, 2010 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: -~ ~~'}'"°'~'``- Abatement ` = ~' DATE: June 7, 2010 DATE: ~~ . -+~' NO: 10-43 to 10-45 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2010-43 - 3849 Hayes Street 2010-44 - 4000 6`h Street 201 a-45 - 675 4th Avenue for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2010-43, 44, and 4S there being ample copies available to the »ubiic, RECOMMENDED IvIOT10N: Move to adopt Resolution Numbers 201.0-43, 44, and 45 being resolutions ofthe 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 Cade section 8.206. COUNCIL ACTION: 100 RESOLUTION 2010-43 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 Ronald R. Bullard (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3849 Hayes 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 May 20, 2010. Now, therefore, in accordance with the foregoing, and all. ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on December 3, 2009 an inspection was canducted on the property listed above. Inspectors found violations. A eampliance order was sent via regular mail to the owner at the address. 2. That on May 20, 2010 inspectors reinspected 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 June 1, 2010 inspectors reinspected the property and found that vialations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of C.ty Codes(s) :=/ere fo~~:nd to exist, to :x/at: A. Shall repair the retaining walls on the property that have fallen down or are about to fall down 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 3849 Hayes 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. 101 ORDER OF COUNCIL 1. The property located at 3849 Hayes 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 2010 Offered by: Second by: Roil Call: Mayor Gaily L. Peterson Attest: Patrldia ~~6.I.iCO`r'it2~ CT~C City Clerk 102 RESOLUTION 2010-44 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 Allen D. Rue and Mike J. Clairmont (Hereinafter "Owners of Record."}. Whereas, the owner of recard is the legal owner of the real property located at 4000 6`" 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 May 13, 2010. 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 April 5, 201.0 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the awner at the address. 2. That on May 13, 2010 inspectors reinspected 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 June 3, 2010 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Cades(s} were found to exist, to wit: A. Shall repair the 2' x 2' hole in the roof B. Shall replace ail missing soffits on the building C. Shall repair any damaged light fixtures D. Shall replace any missing sheetrock on the canopy, E. Shall remove old, damaged electrical equipment on post near the rear ofthe building 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 4000 6`" 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 awner of record, occupant, 103 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 4000 6th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon ail relevant parties and parties in interest. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia uscavitz, CC City Clerk 104 RESOLUTION 2010-45 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 Carlos Morales Rios (Hereinafter "Owner of Record."}. Whereas, the owner of record is the legal owner of the real property located at 675 47`"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 May 27, 2010. 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 April 27, 2010 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 May 27, 2010 inspectors reinspected 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 June 8, 2010 inspectors reinspected the property and fouY~d that violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s} were found to exist, to wit: A. Shall sad/seed/landscape bare areas of yard. 5. That all parties, including the owner of record and any occupants ar 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 That the property located at 675 47`" 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. 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 105 The property located at 675 47`" Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz. CMC City Clerk 106 CITY COUNCIL LETTER Meeting of June 14, 2010 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resohrtion For BY: Gary Gorman B~': '~" Revocation F DATE: June 7, 2010 Dr~`I'E: ; ~~ NO: 2010-42 ~- ~ ` Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2010-42 - 1008-10 Gould Avenue for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2010-42 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2010-42 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Seetion 5A.408(A) of the rental license listed. COUNCIL ACTION: 107 RESOLUTION 2010-42 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} ofthat certain residential rental license held by Josh Chu (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 1008-1010 Gould Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B}, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder an May 10, 2010 of an public hearing to be held on June 14, 2010. 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 March 16, 2010 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 10, 201.0 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remain uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license applieatian. =. That on June 10, 2010 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remain uncorrected. 4. That based upan said records of the Enforcement Office, the following conditions and violations ofthe City's Property Maintenance Code were found to exist, to-wife ® Shall scrape and paint wherever there is peeling paint on the structure. S. 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 F 10184 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 tos day ofposting of this Order revoking the license as held by License Holder. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz. CMC City Clerk 109 CITY COUNCIL LETTER Meeting of June 14, 2010 GENDA SECTION: PUBLIC HEARINGS RIGINATING DEPT.: CITY MANAGER O: ommunit Develo ment APPROVAL ITEM: Ordinance No. 1574 to Re-Adopt Building ~: Shelley I-Janson BY: Scott Clark Permit/Plan Review Fee Schedule ATE: June 9, 2010 Background Information: Effective July 1, ZO10, the State of Minnesota is increasing the State Surcharge collected on fixed fee permits from $.50 to $5.00 per permit. This affects our Residential Plumbing, Heating, and Water and Sewer permits. At this time, the State proposes the new fee be in effect for a period of one year. Since the current fee schedule detailed the $.50 minimum amount previously charged, Legal Counsel advised us to re-adopt the fee schedule to accommodate the new fee by changing the language to read the "State Surcharge will be collected as mandated by the State". This will eliminate the need to re- adopt it again if the surcharge changes back, or is ever increased again in the future. Recommendation: Staff recommends re-adopting the fee schedule as presented. Recommended Motion: Move to waive the reading of Ordinance # 1574, there being ample copies available to the public Move to adopt Ordinance #1574 being an Ordinance amending Ordinance 1490 City Code 2005 to adopt the permit fee schedule far Building Construction, Plumbing/Gas Piping, Heating/Cooling, Fire Suppression, Wrecking and Moving, Signs and other related construction work. Attachments: Ordinance #1574 including fee schedule. OUNCIL ACTION: 110 ORDINANCE 1574 BEING AN ORDINANCE AMENDING ORDINANCE 1490 CITY CODE 2005 TO RE- ADOPT THE PERMIT FEE SCHEDULES FOR BUILDING CONSTRUCTION, PLUMBING/GAS, PIPING, HEATING/COOLING, FIItE SUPPRESSION, WRECKING AND MOVING, SIGNS AND OTHER RELATED CONSTRUCTION WORK; PROVIDING FOR THE COLLECTION OF PLAN REVIEW FEES; PROVIDING FOR THE COLLECTION OF THE STATE SURCHARGE FEE; AND FOF:MALLY ESTABLISHING A REFUND POLICY AS REQUIRED BY THE MN STATE BUILDING CODE. The City of Columbia Heights does ordain: Chapter 6, Article 2, Section 6.201 (C)2 Is hereby amended to include: Section 1. The State of Minnesota has increased the minimum surcharge collected on fixed fee permits, therefore the City needs to re-adopt the Fee Schedule to reflect this change. Section 2. Permit Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 326B.153. Therefore, Fees for Permits and. Plan Reviews will be assessed in accordance with the attached Fee schedule that is being adopted by the City of Columbia Heights. In addition, a surcharge fee shall be collected on all permits issued far wark governed by this MN State Building Code in accordance with MN Statute 326B.1.48. Section 3. Effective 17ate of Ordinance. This ordinance shall be in full farce and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Secanded by: Roll Call: Mayor Gary L. Peterson Patty Muscovitz, City Clerk BUILDING PERMIT FEES CITY OF COLUMBIA HEIGHTS Valuation Fee Valuation Fee $ 0 - 800 35.00 80i - 900 35.70 901 - 1,000 38.75 25,001 - 26,000 401.35 1,001 -1,100 4L80 26,001 -27,000 411.45 1.101 - 1,200 44.85 27,001 - 28,000 421.55 1,201 - 1,300 47.90 28,001 - 29,000 431.65 1,301. - 1,400 50.95 29,001 - 30,000 441.75 1,401 - 1,500 54.00 30,001 - 31,000 451.85 1,501 - 1,600 57.05 31,001 - 32,000 461.95 1,601 - 1,700 60.10 32,001 - 33,000 472.05 1,701 - 1,800 63.15 33,001 - 34,000 482.15 1,801 - 1,900 66.20 34,001 - 35,000 492.25 1,901 - 2,000 69.25 35,001 - 36,000 502.35 2,001 - 3,000 83.25 36,001 - 37,000 512.45 3,001 - 4,000 97.25 37,001 - 38,000 522.55 4,001 - 5,000 l 11.25 38,001 - 39,000 532.65 5,001 - 6,000 125.25 39,001 - 40,000 542.75 6,001 - 7,000 139.25 40,001 - 41,000 552.85 7,001 - 8,000 153.25 41,001 - 42,000 562.95 8,001 - 9,000 167.25 42,001 - 43,000 573.05 9,001 - 10,000 181.25 43,001 - 44,000 583.15 10,001 - 11,000 195.25 44,001 - 45,000 593.25 11,001 - 12,000 209.25 45,001 - 46,000 603.35 12,001 - 13,000 223.25 46,001 - 47,000 613.45 13,001 - 14,000 237.25 41.001 - 48,000 623.55 14,001 ®15,000 251.25 48,001 - 49,000 633.65 15,001 - 16,000 265.25 49,001 - 50,000 643.75 1.6,001 - 17,000 279.25 50,001 - 51,000 650.75 17,001 - 18,000 293.25 51,001 - 52,000 657.75 18,001. - 19,000 307.25 52,001 - 53,000 664.75 19,001 - 20,000 321.25 53,001 - 54,000 671..75 20,001 - 21,000 335.25 54,001 - 55,000 678.75 21,001 - 22,000 349.25 55,001 - 56,000 685.75 22,001 - 23,000 363.25 56,001. - 57,000 692.75 23,001 - 24,000 377.25 57,001 - 58,000 699.75 24,001 - 25,000 391.25 58,001 - 59,000 706.75 112 Page 2 Valuation Fee Valuation Fee $ 59,001 - 60,000 713.75 106,001 - 107,000 1032.95 60,001 - 61.,000 720.75 107,001 - 108,000 1038.55 61,001 - 62,000 727.75 108,001 - 109,000 1044.15 62,001 - 63,000 734.75 109,001 - 110,000 1049.75 63,001 - 64,000 741.75 110,001 - 111,000 1055.35 64,001 - 65,000 748.75 111,001. - 112,000 1060.95 65,001 - 66,000 755.75 112,001 - 113,000 1066.55 66,001 - 67,000 762.75 113,001 - 114,000 1072.15 67,001 - 68,000 769.75 114,001 - ll5,000 1.077.75 68,001 - 69,000 776.75 115,001 - 116,000 1.083.35 69,001 - 70,000 783,75 1 16,001. - 11.7,000 1088.95 70,001 - 71,000 790.75 11.7,001 - 118,000 1094.55 71,001 - 72,000 797.75 118,001. - 119,000 1100.15 72,001 - 73,000 804.75 119,001 - 120,000 1105.75 73,001 - 74,000 811.75 120,001 ®121,000 1111.35 74,001 - 75,000 818.75 121,001 - 122,000 11 I6.9S 75,001 - 76,000 825.75 122,001 - 123,000 1.122.55 76,001 - 77,000 832.75 123,001 - 124,000 1128.15 77,001 - 78,000 839.75 124,OOI - 125,000 1133.75 78,001 - 79,000 846.75 125,001 - 126,000 1139.35 79,001 - 80,000 853.75 126,001 - 127,000 1144.95 80,001 - 81,000 $60.75 127,001 - 128,000 1150.55 81,001 - 82,000 867.75 128,001 - 129,000 11.56.15 82,001 - 83,000 874.75 129,001 - 130,000 1161.75 83,001 - 84,000 881.75 130,001 - 131,000 1167.35 84,001 - 85,000 888.75 131,001 - 132,000 117295 85,001 - 86,000 895.75 132,001 - 133,000 1178.55 86,001 - 87,000 902.75 133,001 - 1.34,000 1184.15 87,001. - 88,000 909.75 I34,001 - 135,000 1189.75 8$,001 - 89,000 916.?5 135,001 - 136,000 1195.35 89,001 - 90,000 923.75 136,001 - 137,000 1200.95 90,001 - 91,000 930.75 137,001 - 138,000 1206.55 91,001 - 92,000 937.75 138,001 - 139,000 1212.15 92,001 - 93,000 944.75 139,001 - 140,000 1217.75 93,001 - 94,000 951.75 140,001 - 141,000 1223.35 94,001 - 95,000 958.75 141,001 - 1.42,000 1228.95 95,001 - 96,000 965.75 1.42,001 - 143,000 1234.55 96,001. - 97,000 972.75 143,001 - 144,000 1240.15 97,001 - 98,000 979.75 144,001 - 145,000 1245.75 98,001 - 99,000 986.75 145,001 - 146,000 1251.35 99,001 - 100,000 993.75 146,001 - 147,000 1256.95 100,001 - 101,000 999.35 147,001 - 148,000 1262.55 101,001 - 102,000 1,004.95 148,001 - 149,000 1268.15 102,001. - 103,000 1,010.55 149,001 - 150,000 1273.75 103,001 - 104,000 1,016.15 150,001 - 151,000 1279.35 104,001 - 105,000 1,021.75 151,001. - 152,000 1284.95 105,001 - 106,000 1,027.35 152,001. - 153,000 1290.55 113 Page 3 Valuation Fee $100 001.00 to $500,000.00 154,001 - 155,000 1,296.15 $993.75 for the first 155,001 - 156,000 1,301.75 $100,000.00 of valuation plus 156,001 - 157,000 1,307.35 $5.60 for each additional 157,001 - 158,000 1,312.95 $1.,000.00 or fraction thereof 158,001 - 159,000 1,318.55 up to and including 159,001 - 160,000 1,324.15 $500,000.00. 160,001 - 161,000 1,329.75 161,001 - 162,000 1,335.35 162,001 - 163,000 1,340.95 $500.001.00 to $1 000 000.00 163,001 - 164,000 1,346.55 $3,233.75 for the first 164,001 - 165,000 1,352.15 $500,000.00 plus $4.75 for each 165,001 - 166,000 1,357.75 additional $1,000.00 of value 1.66,001 - 167,000 1,363.35 or fraction thereof to and 167,001 - 1.68,000 1,368.95 including $1.,000,000.00. 168,001 - 169,000 1,374.55 169,001 - 170,000 1,380.15 $1,000,001.00 and up 170,001 - 171,000 1,385.75 171,001 - 172,000 1,391.35 $5,608.75 for the first 172,001 - 173,000 1,396.95 $1,000,000.00 of value plus 173,001 - 174,000 1,402.55 $3.65 for each additional 174,001 - 175,000 1,408.15 $1,000.00 of value or fraction 175,001 - 176,000 1,413.75 thereof. 176,001 - 177,000 1,41935 177,001 - 178,000 1,424.95 178,001 - 179,000 1,430.55 Plan Review Fees 179,001 - 180,000 1,436.15 180,001 - 181,000 1,441.75 65% of Permit Fees 181,000 - 182,000 1.,447.35 1.82,001 - 183,000 1,452.95 183,001 - 184,000 1,458.55 184,001 - 185,000 1,464.15 Investigation Fees - Fqual to 185,001. - 186,000 1,469.75 andrn addition to permit fee. 186,001 - 187,000 1,475.35 187,001 - 188,000 1,480.95 188,001 - 189,000 1,486.55 Surcharge: As mandated 189,001 - 190,000 1,492.15 by State of Minnesota 190,001 - 191,000 1,497.75 191.,001 - 192,000 1,503.35 1.92,001 - 193,000 1,508.95 193,001 - 1.94,000 1,514.55 194,001. - 195,000 1,520.15 195,001 - 196,000 1,525.75 196,001 - 197,000 1,531..35 1.97,001 - 198,000 1.,536.95 198,001 - 199,000 1,542.55 199,001 - 200,000 1,548.15 200,001 - 201,000 1,553.75 114 HEATING/COOLING PERMITS Fees for Residential Mechanical Permits shall be calculated as follows on a per unit basis, with a minimum permit fee of $35.00. Surcharges shall be collected as mandated by the State. Air Conditioner $25 Air to Air Exchanger $ I S Chimney liner $10 Ductwork $10 Fireplace (Gas or Wood} $50 Furnaces/boilers up to 125,000 btu input $50 Furnaces/boilers over 125,000 btu input $75 Gas Dryer $10 Gas Piping $10 Gas Range/Oven $10 Gas Gri11 $10 Pool Heater $10 Fees for Commerical/Industrial/Institutional Mechanical Pennits will be based on total cost of work calculated by using the Building Permit Fee Schedule. The total cost of work shalt include all Labor and materials supplied by the contractor. The minimum Permit fee shall be $35.00. The surcharge shall be calculated as mandated by the State. PLUMBING/GAS PIPING PERMITS Residential Permit Fees shall be computed on the basis of the number of futures provided for in the permit in accordance with the following schedule: Residential is defined as single family, two family dwelling, townhouse unit and multi-family unit. Fees for Group "A" fixtures at $10.00 each with a minimum fee of $35.00 Bathtub floor drain sink Gas Piping Bidet pool heater water closet Water supply-inside Backflow prev. laundry tray Washer Sewer repair-inside Dryer lavatory Water softener Water supply-outside Dishwasher shower Water Heater Sewer supply-outside Surcharges shall be collected as mandated by the State. Fees for CommerciallIndustrial/Institutional Plumbing Installations/Repairs will be based on the total cost of the work calculated by using the Building Permit Fee Schedule. The total cost of the work shall include ail labor and materials supplied by the Contractor. The l~Jlinimum Fee shall be $35.00. The s=.zrcharge shall be calculated as mandated by the State. SE ATER PE TS Permits will be required for all installation, alterations, repairs of any domestic water or sewer lines, commercial water/sewer lines or any water line to be used for fire suppression systems. For any job requiring City crews to make a water or sewer tap, the Contractor must provide an OSHA approved trench bog before City Crews will perform tapping operations. Fees will be $35.00 plus parts and taz when applicable. Surcharges shall be collected as mandated by the State. PERNIITS FOR WATER METERS The fees collected for the installation of water meters for residential, commercial, industrial, institutional installations will be calculated at 15% over the cost of the meter, plus sales tag. No surcharge will be collected. FIRE SUPPRESSION/SPRINKLER PERMITS Permit fees and surcharge will be figured by using the same fee chart as for Building Pennits based on the cost of the job. 115 DEMOLITION PERMITS Permit fees and surcharges will be based on same schedule as for a building permits, based on the cost of the job. MOVING PERMITS Fees for the moving or raising of any minor building such as a utility building or garage will be calculated at a fee of $50.00 per structure. Fees for the moving or raising of all other building will be calculated at a fee of $100 per structure. Permits will be required if passing ti;rough the City off of LTS Highways or County streets. Fees to be calculated at $50 per structure. INSTALLATION/REMOVAL of FLAMMABLE/COMBUSTIBLE STORAGE TANKS and LP GAS TANKS Fees for the installation, removal, or alteration of any above ground or below ground storage tanks or LP tanks will be calculated at $35.00 per tank. All installations must be approved by the State Fire Marshall and local Fire Dept. STREET EXCAVATION/DUMPSTER PE TS Permits are abtained at the Public Works Dept. Fees will be charged for the permits, but no surcharge is collected. FUl'~i13 JP®I.IC~' The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when. no work has been done under a permit issued in accordance with this code. The Building Official may also authorize refunding of not more than 80 percent of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall only authorize refunding of any fee paid when a written. request has been submitted, by the origiiiai appi'sCarit, isot islet taian 1$0 days after the date of fce paymei',t. 116 COLUMBIA HEIGHTS CITY COUNCII, LETTER Meeting of: June 14, 2010 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 1st Reading: Ordinance 1582, Zoning BY: Jeff Sargent, City Planner BY: f Amendment to rezone 4555 Washington Street DATE: June 3, 2010 j`~' ~ from R-2B to R-2A. ~', .~` ~ - ~ .- , t fr.~-~ t I' x BACKGROUND: Just recently, the C ity of Columbia Heights was called out to 4555 Washington Street to assist in a call for service conducted by the Anoka County Department of Human Services. Upon entering the structure, it was evident that the property was being used as a duplex, however it appeared as if the lower portion of the house was converted to a duplex illegally. The bedrooms did not have proper egress to the outdoors and the cooking facilities did not meet the minimum Building Code standards. There was also an infestation of insects and other substandard living conditions apparent throughout the living area. Ultimately, the City certified the unit as uninhabitable and declared that the lower level could not be used as a separate living unit. After reviewing city records, it was determined that in 2005 this property was inadvertently designated as a duplex use, and therefore given the zoning classification of R-2B. As stated previously, it is obvious that this structure is not set up for a duplex use and should not be used as such. Rezoning the property to R-2A will require the use of the property to revert back to the intended single-family use for the structure. If the owner would want to convert the structure to a duplex use in the future, she would have to go through the Conditional Use Permit process and show that the property meets all the minimum zoning code requirements for a duplex. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1582, being ample copies available to the public. Move to set the second reading of Ordinance No. 15$2, for Monday June 28, 2010, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Dra t Ordinance 158 (IS` Readin Format), P+Z Re ort COUNCIL ACTION 117 ORDINANCE 1582 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 4555 WASHINGTON STREET NE SECTION 1: WHEREAS, the current zoning classification of the property allows for a duplex use; and WHEREAS, the current property was being used as an illegal duplex because of substandard living quarters and cooking facilities; and WHEREAS, the Lower unit of the property was posted as uninhabitable because of the substandard living conditions; and WHEREAS, rezoning the subject parcel from R-2B, One and Two Family Residential to R-2A, One and Two Family Residential would ensure the proper use of the property as asingle-family dwelling unit; and AS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and REAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from R-2B, One and Two Family Residential to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full. force and effect from and after 30 days after its passage. First Reading: Secand Reading: Oate of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk 118 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2010-0603 DATE: June 1, 2010 Td: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights I.4CATION: 4555 Washington Street NE REQUEST: Rezoning of property from R-2B to R-2A PREPARED BY: Jeff Sargent, City Planner CGRU In 2005, the City established the R-2B zoning classification in an attempt to identify ali existing duplexes within the City. The zoning amendment also established the R-2A District, which required the need of a Conditional Use Permit, as well as minimum lot standards for future duplex uses throughout the R-2A District. The R-2B District allowed for all existing duplexes to remain as duplex uses, without the need of a Conditional Use Permit, and without needing to meet the minimum lot width and lot area standards as required !n the R-2A D;str,ct. Just recently, the City of Columbia Heights was called out to 4555 Washington Street to assist in a call for service conducted by the Anoka County Department of Human Services. Upon entering the structure, it was evident that the property was being used as a duplex, however it appeared as if the lower pardon of the house was converted to a duplex illegally. The bedrooms did not have proper egress to the outdoors and the cooking facilities did not meet the minimum Building Code standards. There was also an infestation of insects and other substandard living conditions apparent throughout the living area. Ultimately, the City certified the unit as uninhabitable and declared that the lower level could not be used as a separate living unit. After reviewing city records, it was determined that in 2005 this property was inadvertently designated as a duplex use, and therefore given the zoning classification of R-2B. As stated previously, it is obvious that this structure is not set up for a duplex use and should not be used as such. Rezoning the property to R-2A will require the use of the property to revert back to the intended single-family use for the structure. If the owner would want to convert the structure to a duplex use in the future, she would have to go through the Conditional Use Permit process and show that the property meets all the minimum zoning City of Columbia Heights Planning Commission June 1, 2010 4555 Washington Street NE Case # 2010- 0603 code requirements for a duplex. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to require asingle-family use would be consistent with the guidance of the Comprehensive Plan. ZONING ORDINANCE The subject property is currently zoned R-2B, One and Two Family Residential. All immediately abutting properties are zoned R-2A, One and Two Family Residential and are all single-family homes. The proposed zoning classification for the subject property is also R-2A, which would be consistent with the zoning classification in the area. Because the hawse is not constructed to support a legal duplex use, rezoning the property to R-2A would be consistent with asingle-family use for the property. FINDINGS OF FACT Section 9.1 Q4 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to require asingle-family use would be consistent with the guidance of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would ensure that the property would no longer be able to be used as a duplex without future approval by the City Council. Being that the current conditions of the lower-level living space is not conducive to proper, safe and standard living conditions as a separate living unit, the proposed amendment would be in the interest of the public. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property is for low-density residential. All properties in the immediate vicinity are also zoned for low-density residential. The proposed zoning classification for the subject property is compatible with the surrounding zoning classifications. Page 2 120 City of Columbia Heights Planning Commission June 1, 2010 4555 Washington Street NE Case # 2010- 0603 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The property was being used illegally as a duplex, with living quarters and cooking facilities being substandard to proper living conditions, including the lack of legal egress windows. The rezoning of the property will ensure that the building will be a single-family house only, which is compatible with the intended use of the property. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve the rezoning of the property located at 4555 Washington Street from R-2B, One and Two Family Residential to R-2A, One and Two Family Residential. ~4 ~chrt>tent~ « Location Map • Zoning Map « Draft Rezoning Ordinance Page 3 121 4555 Washington Street NE 4730 4731 4728 ~ 4725 4723 4720 4718 1 4714 4712 47 7 4708 4704 .___ 4709 .___ 4704 7 4656 s28 465s 55 4846 ~ 4651 4650 45 4636 4643 4642 39 4632 4635 4638 35 4628 4629 4634 15 4622 4621 4630 4617 4624 11 4616 4622 4612 4607 05 = 4600 4600 ~ 4603 01 57 45i~ 4557 4558 53 4554 4553 `~ 49 4550 4550 5 4544 4545 4542 37 4536 4541 33 4532 4537 4532 29 4528 4531 4522 25 4522 4525 4514 17 4518 5 4512 13 4510 4510 07 4506 01 4540 ~ 4500 45TH AVE 55 4452 ~ 4455 4456 ~ 51 4444 ~ 445 4448 ~ 44 44 37 4438 ~ 443 4437 3 443 443 4429 a3 ~7 1 /2 AVE p 'sY N fq N a0 ~ mm mm ~ ~ m 4755 '~` °o ~ n u~i m coo n m m a ~ ~ ~ so co +s ua =o so ~ c~ AVE 47 TH 4657 ~ 4658 ~p N ~ ~ t0 N ~ 00 V' N if~1 4657 ~ t0 t 0 d' ~ ~ m t~0 t~O t~0 a 4649 4650 4644 ~- 4643 4644 d6 4645 4642 4639 4636 1 4636 ~ ~ ~ 665 ~ ~ ' 4633 4637 3 4630 46 0 4626 4625 4624 4617 4625 4624 p 4619 4618 Z ~ ~ ~ ~ ti ~ oNO ~ ~ ~ 4612 1- ~ 4619 ~c co m m co m m m 4611 4610 Z 4613 4612 ~ 4613 ~' 4605 4606 = 4607 4606 W 4607 ~ I 4601 4600 ~ 4601 4600 Li ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4601 ~ i 550 560 4555 4558 4559 _ --~~-~ _ 552 4556 4557 4528 4551 4550 4555 4539 4545 4542 546 4550 4524 4541 4540 4537 4536 4537 4545 4522 4537 4538 4544 4533 5 4532 4535 ~~ 4533 4520 4529 4 4533 4531 4527 529 4528 4527 4518 4525 4525 4528 4529 4516 4521 4522 4521 4517 4519 4518 4517 4516 4518 4514 ~ 4513 4507 4512 4511 4510 a512 ~ 4509 450 05 4506 c -' ~ ~~ --~ 4505 ~ 4501 00 ~ ~ ~ ca 4504 ~ I w 4501 4500 60 4500 _ -_!~ 4452 ~ 4453 620 F- 4453 4452 ~- 4453 4452 4448 ~ 4449 ~ 4450 ~ 4449 4448 4448 4445 4446 4445 4444 4442 4443 4440 4440 4441 4440 4438 4439 436 4441 4436 4436 4432 4433 4 4434 `1'437 4432 4433 4430 4429 4430 4431 4428 4431 4426 Z ~ 4426 4425 4424 4427 4426 F- 4425 Z 4422 4423 Location Map 122 Zoning Map Changes 4637 4632 4626 4625 4617 Z 4624 p 4619 4612 F- 4611 4610 Z 4613 4605 4606 = 4607 4601 4600 ~ 4601 L@g@tlt~ R-1 -Single Family Residential District R-2A -One and Two Family Residential District R-2B -Built as Duplexes R-3 -Multiple Family Residential District R-4 -Multiple Family Residential District ~_~!, MXD - Mixed Use District 0 LB -Limited Business District ~ CBD -Central Business District GB -General Business District 0 I -Industrial District j {-2 -Industrial District PO -Public and Open Space [~ Right-of-Way City of Hilltop and Mpls Water Works Hilltop_MWW Background 4 4633 4630 4624 4625 4618 ZO 4619 uNi cn 4612 ~ 4613 4606 ~ 4607 ~ 4600 W 4601 ~ __ 550 560 4559 4559 4551 4550 4555 4552 4539 4545 4542 4546 4541 4540 4537 4536 4537 4537 4538 4533 4535 4535 4532 4529 4529 4533 4527 5 4525 4525 4528 4529 4521 4519 4517 4518 4517 07 4513 dg92 45 4512 4511 4637 4617 4611 4605 4601 4626 z 4624 p 4619 4612 F°°°- 4610 Z 4613 4606 = 4607 4600 ~ 4601 550 4551 4545 4541 4537 4533 4529 4527 4525 4521 4517 4513 560 4559 4550 4555 4542 4540 4537 4538 14529 I 4519 4633 4630 1 4624 4625 4618 4619 4612 4613 4606 ~ 4607 4'600 t j 4601 55 4559 4552 4539 4546 4537 4536 4535 4532 4533 4528 4529 4518 4517 4512 4511 123 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 14, 2010 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ~ '~ ITEM: 1st Reading of Ordinance 1581, being a BY: Jeff Sargent, City Planner BY: --- , ;° Zoning Amendment as it Relates to Outdoor DATE: June 3, 2010 ~` ~' f ~ Seating. ; , ~;~ ~`~` BACKGROUND: The City of Columbia Heights is experiencing a number of dining establishments that have requested the ability to serve food and/or alcohol to customers outside. To date, the City does not have a formal ordinance regulating this type of use. For that reason, staff is proposing a Zoning Amendment to help regulate restaurants and other eateries that might want to serve patrons outdoors. The necessity of such an ordinance amendment originates from the passibility that some restaurants may want to serve alcohol to their patrons while they dine outdoors. The City of Columbia Heights' Police Chief, Scott Nadeau expressed the desire to regulate the manner in which restaurants could serve alcohol to patrons outdoors because of the potential negative circumstances that such actions could present. COM1 ATIO® The Planning and Zoning Commission held a Public Hearing for the request on June 1, 2010. The Planning Commission recommended denial ofthe Zoning Amendment with a 2-1 vote at the meeting. They felt that the proposed zoning changes would cause too much of an imposition on business owners in the city. RECOME ED MOTION: Move to waive the reading of Ordinance No. 1581, being ample copies available to the public. Move to set the second reading of Ordinance No. 1581, for Monday, June 28, 2010, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1581 (1°' Reaclin Format), P+G Ke ort COUNCIL ACTION 124 ORDINANCE NO. 1581 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO OUTDOOR SEATING FOR .RESTAURANTS AND OTHER EATING ESTABLISHMENTS WITHIN THE CITY OF COLUMBL~ HEIGHTS The City of Columbia I-ieights does ordain: Chapter 9, Article 1, Section 9.107 (C)(1} of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C} Speczfic development standards. The following uses are subject to specific development standards: (34) Outdoor seating. a. Outdoor seating plans will be subject to Planning Commission approval through the Site Plan Approval Process. b. Outdoor seating shall be located fully on the property in which it is intended, and may not restrict pedestrian traffic on public rights-of--way. c. Outdoor seating shall be on a hard surface meeting all Americans with Disabilities Act (ADA) requirements. d. No outdoor seating shall be allowed on driveways or parking areas. e. If t e intent is to se a alcohol outside, the folio ing regulations shall be enforced® 1. The outdoor dining area shall be adjacent to the principal building and access shall be provided from within the principal building only. 2. A barrier shall be installed around the perimeter of the autdoor seating area, and shall be approved through the site plan approval process on a case-by-case basis. 3. The barrier shall be constructed in a manner that ensures that non-patrons of the restaurant will not have free and easy access to alcoholic beverages provided by patrons using the outdoor seating area. 125 f. If the intent is to not serve alcohol outside, the business shall supply the city with an affidavit stating that no alcohol will be served outdoors. If the business does not require a liquor license in order to operate, said business would not need to supply an affidavit. g. The design of the patio area and any fencing and landscaping shall be such that sight lines in and out of ezisting or proposed access points are not obstructed. h. When not in use, the outdoor seating area shall not be used for off- season outdoor storage. i. Banners, streamers or other types of permanent or temporary signs shall not be placed or displayed on the barriers surrounding the outdoar dining areas. j. The outdoor dining area shall not take on characteristics of a buildang having a roof and/or walls. k. The Planning COmmISSlon, through the alts plan approval process, shall determine the need for additional on-site parking requirements for the outdoor seating area. 1. All temporary events that utilize outdoor seating with or without the serving of alcoholic beverages will not require a site plan approval and will be handled administratively and/or through the licensing process for such events. *NOTE* Existing Code Sections 9. t 07 (C)(3} (34-47} shall be renumbered accordingly. Chapter y, ,4rtiele 1, Section 9.110 (E}(~} of the Calumbia i-heights City Cade, is proposed to include the following additions and. deletions: 9.110 C L IT CTS. (E) GB, General Business District. (5} Fermitted accessary uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB, General Business District: (a) Private garages, parking spaces and loading areas. (b) Accessory buildings. (c) Landscaping and other horticultural uses. 126 (d) Incidental repair or pracessing necessary toe conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. (e) Temporary construction buildings. (f) Signs as regulated by § 9.106. (gj C~iutdoor seating for restaurants and other eating establishments. Chapter 9, Article I, Section 9.110 (F)(5) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COIVIMEI2CIAL i}ISTRICTS. (F) CBD, Central Business District. (5} Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the CBD, Central Business District: (a) Private garages, parking spaces and loading areas. (b} Accessory buildings. (c} Landscaping and other horticultural uses. (d) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use daes not exceed 30% of the floor area. (e} Temporary const~•uction buildings. (f} Signs as regulated by § 9.106. (g) ut oor seating for restaurants and other eating establishments. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: June 14, 2010 Second Reading: June 2$, 2010 Date of Passage: 127 ®ffered by: Seconded by: Roll Call; Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~2s CITY OF COLUMBIA FIEIGHTS CASE NUMBER: 2010-0502 DATE: May 4, 2010 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide PLANNING REPORT REQUEST: Zoning Amendment Pertaining to Outdoor Seating PREPARED BY: Jeff Sargent, City Planner BACG OUND The City of Columbia Heights is experiencing a number of dining establishments that have requested the ability to serve food and/or alcohol to customers outside. To date, the City does not have a formal ordinance regulating this type of use. For that reason, staff is proposing a Zoning Amendment to help regulate restaurants and other eateries that might want to serve patrons outdoors. Ti is i tei~v'~$sity Gf sGCi i an Gr dinance aB e lendment i3r6gEnates fr^vm the pGS$11.^iil~t~' that sC3me restaurants may want to serve alcahal to their patrons while they dine outdoors. The City of Columbia Heights' Police Chief, Scott Nadeau expressed the desire to regulate the manner in which restaurants could serve alcohol to patrons outdoors because of the potential negative circumstances that such actions could present. COMPREFIENSI\/E PLAN One of the goals of the Comprehensive Plan is to enhance the economic viability of the community. The proposed amendment would be consistent with the Comprehensive Plan by allowing the continual use and enjoyment of restaurants and other dining places in a safe manner. An overarching goal of the Comprehensive Plan is to ensure the safety and welfare of the general public. By restricting areas in which alcohol may be served outside a restaurant, compliance with the Comprehensive Plan will be met. City of Columbia Heights Planning Commission May 4, 2010 City of Columbia Heights, Outdoor Seating Case # 2010-0502 ZONING ORDINANCE The proposed amendments made to the Zoning Ordinance would include language regarding the operation of outdoor seating space for restaurants and other eating establishments. The proposed changes include: 1. Outdoor seating plans will be subject to Planning Commission approval through the Site Plan Approval Process. 2. Outdoor seating shall be located fully on the property in which it is intended, and may not restrict pedestrian traffic on public rights-of-way. 3. Outdoor seating shall be on a hard surface meeting all Americans with Disabilities Act (ADA) requirements. 4. No outdoor seating shall be allowed on driveways or parking areas. 5. If the intent is to serve alcohol outside, the following regulations shall be enforced: a. The outdoor dining area shall be adjacent to the principal building and access shall be provided from within the principal building only. b. A barrier shall be installed around the perimeter of the outdoor seating area, and shall be approved through the site plan approval process on a case-by- case basis. c. The barrier shall be constr~!cted in a manner that ens! -res that non-patrons of the restaurant will not have free and easy access to alcoholic beverages provided by patrons using the autdoor seating area. 6. If the intent is to nat serve alcohol outside, the business shall supply the city with an affidavit stating that no alcohol will be served outdoors. 7. The design of the patio area and any fencing and landscaping shall be such that sight lines in and out of existing or proposed access points are not obstructed. 8. When not in use, the outdoor seating area shall not be used for off-season outdoor storage. 9. Banners, streamers or other types of permanent or temporary signs shall not be placed or displayed on the barriers surrounding the outdoor dining areas. 10. The outdoor dining area shall not take on characteristics of a building having a roof and/or walls. Page 2 130 City of Columbia Heights Planning Commission May 4, 2010 City of Columbia Heights, Outdoor Seating Case # 2010-0502 11. The Planning Commission, through the site plan approval process, shall determine the need for additional on-site parking requirements for the outdoor seating area. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Pfan is to enhance the economic viability of the community. The proposed amendment would be consistent with the Comprehensive Plan by allowing the continual use and enjoyment of restaurants and other dining places in a safe manner. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for any restaurant or food establishment in the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of properly within the general area of the property in question are compatible with the proposed zoning classification. IVnt applicable, 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Not applicable. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments ® Draft zoning ordinance Page 3 131 ALBERT'S RESTAURANT ,~ ~ ~ ;. fir, 4 tip; ~~ ~ ~~! ~ ~; r x _ ~ yam. ~~o- _ _. m :'^rc. i V ~ hT d - ~„ ~.A sxYE .. ~w P ,~ ' ~~ k _: x g _ ~ ~ J~ ~ i ~..._ 1 -~- -_ :. ~. ,,,7 3 I , ., r _.... ~...~n . -'fir„ ~ ^~" ~.,~ ~ .` dew +y'~-`.` rw Ast ~~ ~. - . ~.._ .,, SARNA'S RESTAURANT . ~~~ ,. >~ -~ ar d'id' ~ ."~ t>q _ ~ ,.! i ~~._. Y~ ~^ 1~,£ . _ ~' . ~~ `a'te, ~. .. e ~ ~ _ :/ _,: ~~ .. . 132 MR. BBQ gw-;, f ~~ =a :~: ~; :s~::. i:. ~.._ . F^; 4 _. ~._ 3H" -. _.... ~~ ~, -___ ~._r-_.~~._____., .. __. ~.~- ~9 ~r °Y~ C :.] s~' x-~~; ~ ~t `x~'y pis ~~, ~ ,,, ~ j _ _ `-`. ur~ ~' _~.. - - - - ~ ~ 3rd BUFFALO WILD WINGS ;- -. _:~. 133 ., .., . .. ,- ~ r _,_M.~.__ t- PUERTO DEL SOL _. .~.. -,~.,~ ~. ~~ ,rte .~~ 1 ,-. pfj` ".€ l S ~~ T lea ~; ~~~ ~ rr i i„ ?7`- -TE ~ v . w. ,fir ,~ ~ 1 ' ~` a € F :. ' . . ~E x a _ _ . P Y - ~_, &le~: pan J"~ ~ „-~ "~ -:~.~.. ~ ~~-*~ ~ ~~ • t' ~ -'- w a ~ ~ ~ 4 y ~ 3 ~, ~ ~ Im ~ ~ '~ ~~ } d' jj V 134 PUBLIG HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE JUNE 14, 2010 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2010-45 being a resolution of the City Council of the City of Columbia Heights declaring the property at 675 47tH Avenue N.E., owned by CARLOS MORALES RIOS a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. REMOVE -MOTION: Move to adopt Resolution Number 2010-42, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Josh Chu regarding rental property at 1008-1010 Gould Avenue N.E.