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HomeMy WebLinkAbout10/24/2011 Regular CITY OF COLUMBIA HEIGHTS M vor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Counci /members Visit our website at: www.cLcolumbia- heijhts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt 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, October 24, 2011 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 the Church of All Nations 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 none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council meeting minutes p6 MOTION: Move to approve the minutes of the October 10, 2011 City Council meeting. B. Accept a Grant Agreement amendment with Anoka County for Improvements to Recycling p19 Center MOTION: Move to accept the amendment to the Residential Recycling Program agreement to include the Recycling Enhancement Grant in the amount of $14,600 with Anoka County for improvements to the Recycling Drop -off Center, and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. C. Request the formation of a task force p24 MOTION: Move to recommend that the City Council authorize the formation of a task force to plan the possible replacement either of the library building and City Hall with a single building or the library building. D. Adopt Resolutions 2011 -124 and 2011 -125, being resolutions providing for the prepayment and redemption of certain outstanding general obligation bonds of the City and approving the terms p29 3 City Council Agenda Monday, October 24, 2011 Page 2 of 3 of an internal loan in connection with redemption of the City's general obligation improvement and sewer and water revenue bonds series 2003A. MOTION: Move to waive the reading of Resolutions 2011 -124 and 2011 -124, there being ample copies available to the public. MOTION: Move to adopt Resolutions 2011 -124 and 2011 -125, being a resolution providing for the prepayment and redemption of certain outstanding general obligation bonds of the City, and a resolution approving the terms of an internal loan in connection with redemption of the City's general obligation improvement and sewer and water revenue bonds series 2003A. E. Approval of attached list of rental housing applications. p40 MOTION: Move to approve the items listed for rental housing license applications for October 24, 2011 in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications p48 MOTION: Move to approve the items as listed on the business license agenda for October 24, 2011 as presented. G. Review payment of the bills p50 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 140843 through 141025 in the amount of $1,084,604. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2011 -116, 4317 5th Street N.E., 2011 -117, 4330 3rd Street N.E., 2011 -119, p58 3865 Tyler Street N.E., 2011 -120, 981 43 -1/2 Avenue N.E., 2011 -121, 4252 Washington Street N.E., 2011 -122, 4530 Washington Street N.E., and 2011 -123, 1162 -64 Cheery Lane, being Resolutions 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. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2011 -116, 117, 119, 120, 121, 122, and 123 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2011 -116, 117, 119, 120, 121, 122, and 123 being Resolutions 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 licenses listed. B. Adopt Resolution 2011 -126, 1605 49th Avenue N.E. being a declaration of nuisance and p73 abatement of violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2011 -126 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2011 -126 being resolutions of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. C. Second Reading of Ordinance 1602 Authorizing the Police Department to Conduct Criminal History Background Investigations p76 4 City Council Agenda Monday, October 24, 2011 Page 3 of 3 MOTION: Move to waive the reading of Ordinance No. 1602, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1602 being an Ordinance Authorizing the Police Department to Conduct Criminal History Background Investigations. D. Second Reading of Ordinance 1604, being a Zoning Amendment as it relates to Variances p79 MOTION: Move to waive the reading of Ordinance No. 1604, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1604, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1604. 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 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 10. ADJOURNMENT L da L. Magee ssistant to the City Mana r /JTu an Resources Director LLM/pm 5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, OCTOBER 10, 2011 The following are the minutes for the regular meeting of the City Council held at 7:15 p.m. on Monday, October 10, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Pastor Dan Thompson, Columbia Heights Assembly of God gave the Invocation. Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Absent: Council member Williams PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki indicated Jim Molenero from Public Works has retired after serving 36 years. The Fire Department held their open house last Saturday. He asked that the budget be placed for discussion under the manager's report. He submitted a check for food served at the budget work session. This is in line with the motion that Council members not accept food. Diehm asked that the record reflect the motion was that Council members not receive reimbursement for out of pocket expenses. Peterson thanked him for the donation. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation - Homelessness Awareness Month Mayor Peterson read the proclamation. Heather Reis, Executive Director of Stepping Stone Emergency Housing accepted the proclamation. The count in January of 2010 indicated there are 1,240 homeless individuals in Anoka County. Peterson thanked her for their hard work. B. Proclamation - 2011 Polish American Heritage Month Proclamation Mayor Peterson read the proclamation. Dolores Strand, Patricia Sowada, and Gloria Bergstrom, representatives of the Sister City organization accepted the proclamation. Strand conveyed the greetings from the officials and residents of Lomianki, Poland. Pictures of the events attended were shown including a special city council meeting, the yearly commemorative WWII ceremony, the children's hospital, the library, police department, and fire department. This is the 20 anniversary of our Sister City relationship with Lomianki, Poland. The City of Lomianki presented us with a Polish Lead Crystal vase, which the representatives presented to the City Council. CONSENT AGENDA Nawrocki requested to remove items D, E, and G for discussion. City Manager Walt Fehst took Council members through the remaining consent agenda items. A. Approve City Council meeting minutes Motion to approve the minutes of the September 26, 2011 City Council meeting. Motion to approve the minutes of the October 3, 2011 Levy and Assessment Seal Coat Hearing. Motion to approve the minutes of the October 3, 2011 Levy and Assessment Zone 6 Street 6 City Council Minutes Monday, October 10, 2011 Page 2 of 13 Improvement Hearing. Motion to approve the minutes of the October 3, 2011 Special Assessment Roll and Levy for Delinquent Accounts. B. Minutes of Boards and Commissions Motion to accept the minutes of the June 8, 2011 Park and Recreation Commission meeting. Motion to accept the minutes of the September 7, 2011 Library Board meeting. C. Approve Transfer of Funds for Unique Thrift OT Details, Safe and Sober grant reimbursement, AHDTF Overtime and DWI Task Force grant reimbursement from General Fund to Police Dept Overtime Line Item #1020 Motion to transfer the following from the General Fund to the Police Department 2011 Budget, Overtime Line Item 1020: $1,595.63, the amount of money received from Unique Thrift for overtime details; $1,063.00, the amount of money received from Coon Rapids, the grant administrator for the Safe and Sober program; $2,000, the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer; and $1,692.75, the amount of money received from Blaine, the grant administrator for the DWI Task Force. D. First Reading: Ordinance 1602 re: Authorizing the Police Department to Conduct Criminal History Background Investigations - removed E. Award Demolition of 4133 2nd Street - removed F. Adopt Resolution 2011 -106 confirming Tax Forfeited land classifications Motion to waive the reading of Resolution 2011 -106 there being ample copies available to the public. Motion to adopt Resolution 2011 -106 a Resolution approving classification of Non - Conservation property for Anoka County Land sale purposes. G. Adopt Resolution 2011 -108 requesting funds for clean -up grant equity match at 3930 University Avenue - removed H. Adopt Resolution 2011 -109 authorizing staff to apply for DEED funds 3930 University Avenue. Motion to waive the reading of Resolution 2011 -109 there being ample copies available to the public Motion to adopt Resolution 2011 -109, a Resolution committing local match and authorizing contract signature for application of a contamination investigation and remedial action plan (RAP) grant for the property located at 3930 University Avenue NE, Columbia Heights I. Award of professional engineering services for the Argonne Sanitary Sewer Lift Station, municipal project #1114 Motion to award the Argonne Sanitary Sewer Lift Station Improvements, Municipal Project #1114, to the consulting engineering firm of Bolten -Menk of Maplewood, Minnesota, based up their low, qualified, responsible proposal for a cost not -to- exceed $11,800 appropriated from Fund 652 -51114 -3050. 7 City Council Minutes Monday, October 10, 2011 Page 3 of 13 J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 10, 2011 as presented. K. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 140690 through 140842 in the amount of $1,315,738.57. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items, with the exception of items D, E, and G. Upon vote: All ayes. Motion carried. D. First Reading: Ordinance 1602 re: Authorizing the Police Department to Conduct Criminal History Background Investigations Police Chief Scott Nadeau stated that in an audit it was discovered some of our wording was out of date for routine background checks. This will make it consistent with changes to State Statutes. Jim Hoeft, City Attorney, stated this is a housekeeping item from the BCA. Motion by Diehm, second by Nawrocki, to waive the reading of Ordinance No. 1602, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second Schmitt, to set the second reading of Ordinance No. 1602 for Monday, October 24, 2011 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. E. Award Demolition of 4133 2nd Street Nawrocki questioned when the property was purchased. Sheila Cartney, Assistant Community Development Director, stated the property was purchased in June by the EDA for $21,000. This will be funded through the scattered site redevelopment fund. Motion by Diehm, second by Schmitt, to approve the demolition contract award for Drobnick's Demolition, in the amount of $9,250 for the property located at 4133 2nd Street as part of the Scattered Site TIF program. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2011 -108 requesting funds for clean -up grant equity match at 3930 University Avenue Scott Clark, Community Development Director, stated that in July the Root property went into tax forfeiture, which goes to the State and is managed by Anoka County. This property has some contamination. The city will work to clean up the property with an environmental restitution grant. This will cost the city $10,000. Schmitt asked if this is different from the scattered site fund. Clark stated yes. Motion by Diehm, second by Schmitt, to waive reading of Resolution 2011 -108 there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -108, requesting funds in the amount $10,000 from the Anoka County HRA levy to finance 25% equity for a DEED 8 City Council Minutes Monday, October 10, 2011 Page 4 of 13 investigation clean -up grant for 3930 University Avenue in the City of Columbia Heights. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2011 -107 Certification of Scattered Site Housing TIF District Peterson stated the EDA met prior to this meeting to vote on the issue. Clark stated that in April of 2008 the City's EDA recognized there were funds from an old taxing district to use for redevelopment. He explained the problems and issues with the homes to be purchased and demolished, and putting the properties back on the market. There will be two ways to recapture funds 1) sale of the property and 2) the tax increment. This is a 25 year project to address homes that are 100 to 125 years old. Motion by Schmitt, second by Diehm, to waive the reading of Resolution 2011 -107 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, to adopt Resolution 2011 -107, being a Resolution Modifying the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment project and establishing for City-Wide Scattered Site Housing Tax Increment Financing District therein and adopting a TIF Plan therefor. Nawrocki stated he opposed the motion as that money was not used for regular city purposes, therefore tax payers had to make up that amount. This action would continue to divert funds that would go for property tax purposes for the next 25 years. The alternative is to let the properties be put up for sale. The County owns four or five of them. We could place restrictions requiring them to be owner occupied. Peterson stated this does not preclude the sale. Fehst stated it is obvious it would be best to sell the properties. It would be marketing 23 separate properties. This will eliminate blight and bring an increased value to the area. This does reserve some of the property tax to remove more blight areas. Fehst stated that if they are sold on the open market they may be used for rental. Neighbors to these homes are delighted that they are removed. Clark stated that future councils will determine how to use this money. Nawrocki indicated they could be restricted to owner occupied. He referred to the Sheffield redevelopment. Schmitt asked what happens if we decide to stop this program ten years from now. Clark stated that the Council can stop this any time they wish. Peterson questioned why we would eliminate a successful project to clean up un- inhabitable homes. We are trying to clean up our city. Nawrocki stated we need to take in to account the current economic situation and tax increases we have. One out of eight homes in the community has gone into foreclosure. Fehst stated the biggest asset people have is their home. We have blighted properties that should be removed and the properties redeveloped. This program benefits the community, the schools, and the residents. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. B. Suspension of Liquor License - Star Bar and Grill LLC Clark stated a bar owner operator must purchase beverages from a distributor. This owner lost that right through tax delinquency. He stated that in 2010, in conjunction with our police department and city attorney, we issued citations to the Star Bar for over - serving patrons. We developed a mitigation plan in December of 2010. On February 11, 2011, Mr. Moreland was put 9 City Council Minutes Monday, October 10, 2011 Page 5 of 13 on the tax forfeit list. On April 19, it was discovered that Mr. Moreland was buying alcohol retail in violation of the law. He was sent a letter on May 3 as a first strike letter and again on June 17. There is still an open investigation of the Star Bar, but findings indicate he has not been removed from the tax forfeiture list and continues to purchase alcohol, which is against city ordinance. There is an issue with violation of the mitigation plan and a serious issue with the continued purchase of retail alcohol. The recommendation is the suspension of his liquor license for one week, beginning tomorrow. If the tax delinquency is not satisfied by October 18, staff recommends termination of the liquor license through December 31, 2011. Police Chief Nadeau described the correspondence with Mr. Moreland. Despite our efforts and the assurances by Mr. Moreland, we continue to see inappropriate behavior. He has been fined for excessive calls for service and has not legally purchased alcohol since February. Violations include serving minors. We did try to work with him to address the issues, but feel the suspension is appropriate. Schmitt asked if the mitigation plan was approved by council and set up like a contract. Hoeft indicated yes. Clark stated the city started the process primarily because of the over - serving issues. The purchase of alcohol illegally, beyond the mitigation plan, is against city code. Nadeau stated the history of this alcohol license, where the license was initially issued to a partner, then transferred to Mr. Moreland. Nawrocki questioned the over - serving. Nadeau stated that patrons were tested. He indicated three instances of the mitigation violation and several incidents prior to that time. Diehm indicated that they have not followed the law, and stated disappointment that it has taken this long to be enforced. We have no choice but to issue the suspension. Diehm stated that we want our businesses to be successful, but want to ensure that the laws are followed and encouraged Mr. Moreland to take care of the necessary items. Moreland apologized and stated he would pay the Department of Public Safety by Wednesday. Moreland gave the history of issues with the previous owner that he had to pay and an audit that he had to resolve. We now have agreements with the landlord and gaming people to resolve the tax issue and we have scheduled fundraisers for a women with cancer and the food shelf. Tanya, a Star Bar employee, indicated she has worked there for eleven years and security has improved. Deb Johnson, 4626 Pierce Street, stated this is old news. He knew the business stipulations. This bar is located in front of a senior citizen and condo hi -rise. They do not need this in their area. It is obvious he knew that he was purchasing the liquor from an illegal source. Schmitt asked if they can still conduct business during the suspension. Clark stated that he can continue to operate the business, just not sell alcohol. Moreland asked if he has to remove the remaining bottles. Hoeft stated they just cannot sell the alcohol. Clark stated that if these items are not taken care of, the suspension of their alcohol license would then turn into a revocation of the alcohol license. Peterson agreed this is unfortunate, but we are bound to move ahead. We must all follow the rules. Motion by Diehm, second by Nawrocki, to suspend the liquor license for the Star Bar and Grill LLC, operating at 4005 Central Avenue based on the following: 1) Due to violations of the December 10, 2010 Mitigation Plan, violation of State Law regarding retail purchasing of liquor 10 City Council Minutes Monday, October 10, 2011 Page 6 of 13 and violations of the City's liquor ordinance, suspension of the liquor license for seven working days (October 11th to October 17th). 2) If the licensee has not satisfied State debt obligations by October 17, 2011, evidenced by removal from the Minnesota Department of Revenue Tax Delinquent Liquor Posting, the license is further suspended from October 18th to a date no longer than December 31, 2011. 3) On or after October 18, 2011, license reinstatement is conditioned on the licensee providing staff with all necessary documentation that all State debt obligations have been satisfied and that any pending investigations have been completed. Nawrocki questioned how the second part of the suspension would be determined. Clark stated they would need to be removed from the tax delinquent posting and we would need to follow the second investigation. Schmitt questioned if that date would be sufficient time. Moreland stated that upon payment, the State will notify the Department of Public Safety. Schmitt asked that they also notify the city. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2011 -114 being Resolution for the Approval of a Conditional Use Permit for an LED sign and Resolution 2011-115 being a Resolution for the Approval of a variance for a sign located at 590 — 40th Avenue NE. Jeff Sargent, City Planner, stated that city hall is looking to update their message board sign with an LED sign. This request is for a variance to allow more than 60 percent signage. The current location is the most visible location for the sign. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -114, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution No. 2011 -114, approving the Conditional Use Permit for an LED sign located at 590 — 40th Avenue NE, subject to the conditions outlined in Resolution No. 2011 -114. Nawrocki spoke against the motion as there is no need to replace the sign. It is only desirable to replace it. Schmitt stated this is a much cheaper sign than originally discussed and should be sufficient. She stated that upon approval, this item must be removed from next year's budget. Fehst stated that is in the general fund ad valorem budget. Nawrocki asked what fund the payment will come from. Fehst stated it will come from the general government building fund. Kevin Hansen, Public Works Director, stated that the fund and depai tment are correct and were given to us by the Finance Director. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -115, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution No. 2011 -115, approving a variance to allow greater than 60% of a sign to be occupied by an LED, subject to the conditions outlined in Resolution No. 2011 -115. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. 11 City Council Minutes Monday, October 10, 2011 Page 7 of 13 1st Reading of Ordinance 1604, being a Zoning Amendment as it relates to Variances. Sargent stated the history leading up to the change in the undue hardship interpretation to the current law covering practical difficulties. Sargent stated that we want to amend our ordinance to be in line with the State Statue. Nawrocki questioned the difference. Sargent stated there are still the tests of reasonable use, uniqueness of the property, and if granting of the variance is still in line with the character of the neighborhood. Sargent gave examples of properties with topographical issues. Hoeft stated this ordinance is a housekeeping issue. Motion by Diehm, second by Schmitt, to waive the reading of Ordinance No. 1604, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to set the second reading of Ordinance No. 1604, for Monday, October 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations Approval to purchase one colored LED sign for City Hall Motion by Diehm, second by Schmitt, to authorize the purchase of one color LED sign from Hoeft Signs in the amount of $29,500 to replace the letter board sign located at 590 40th Avenue; with funds appropriated from Fund 411- 41940 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Fehst state that we are recommending Hoeft signs as they are the low bid, but we are requiring this be completed in the next 45 days. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. C. New Business and Reports City Council Health Benefits — Discussion Schmitt gave the background on this benefit. As a new council member, she was on her husband's policy and to turn down a health care plan she would be penalized by her husband's plan, so she had to take the city plan. It has historically been offered to the council. Her opinion is that we do not need it. Many cities of our size do not offer this. Hoeft indicated, as there is no record of how this was originally enacted, that an ordinance was recommended. Diehm questioned if the concern was the budget aspect or not allowing access to the coverage. Schmitt indicated health benefits were given in lieu of salary increases. It is not fair to those that say they won't take it. She suggested dropping the $45,000 and adding back reimbursement to Council members for events they attend, with a limit of $100 per person. Nawrocki indicated his circumstance with Medicare and Council member health benefits. The city gave insurance coverage to the council in lieu of the consideration of raises. Diehm stated that the current Council salary was set in 1989. Peterson stated he would not be in favor of eliminating health benefits. Diehm stated she thought it was a budget issue, rather than an access issue and would like to give it more thought. Nawrocki stated that a change could not take effect 12 City Council Minutes Monday, October 10, 2011 Page 8of13 until after the next election. Schmitt stated it could take effect on January 2, 2012. Nawrocki stated that it is part of their salary. Hoeft stated that health benefits are not considered salary by state or federal law. Schmitt stated that the current council is not in the position to need these benefits. It could be considered as an add -back in the future. Peterson stated he did not feel you could do this for one council and change it for another. That would be going backwards. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated the next budget meeting will be the first Monday in November. Our Finance Director made a presentation at the last budget meeting to clarify the information on increases. The League of Minnesota Cities (LMC) indicates our levy is 3.1% less than last year. Fehst indicated how the difference of reporting varies. Diehm stated this may be confusing, but the Finance Director gave a presentation that explained it. She asked that he give the report at the next council meeting. Fehst stated that we are not taxing back for the Market Levy Credit as most communities are. Nawrocki stated that the last budget meeting was the worst he has seen in 40 years. The Market value information was interesting. There was not a discussion on fees charged or increases in utility rates. He proposed another meeting be held on the fifth Monday in October to spend more time on the budget. Fehst stated it was one of the better presentations he has ever heard and complimented the Finance Director. He stated that Council member Nawrocki can ask questions and we will give him answers. Fehst report on an upcoming Metro Transit Commission public meeting to be held on Tuesday, October 18, from 6:00 to 8:00 p.m. at the Fridley Community Center. Hansen stated it will discuss the arterial rapid bus transit study. There are eleven corridors considered for improvements and Central Avenue is one of the primary corridors being studied. There will be one more year before final recommendations are made. Nawrocki proposed to have another budget meeting on Monday, October 31. Schmitt stated she has a prior commitment on that date. Schmitt stated she has started her list of questions and will pass them on to the staff prior to the scheduled meeting. Nawrocki asked when he will receive a response to his questions. Fehst stated by the end of the week. Schmitt requested copies of his questions and the answers. Nawrocki referred to the performance standards, indicating there should be questions relative to what people are paying. He questioned if our request was submitted on time. Fehst stated that date was extended and our response was submitted on time. Fehst explained our request to alter the questions, but they were firm that this year we must stay with their questions. There are spaces for additional comments. Nawrocki questioned where the results will go. Fehst stated they will go to the LMC and then come back to us. Report of the City Attorney — nothing to report. CITIZENS FORUM No one came forward to speak. Peterson stated "Don't forget your service men and women; keep them in your thoughts and prayers. 13 City Council Minutes Monday, October 10, 2011 Page 9 of 13 Don't take yourself too seriously, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:29 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2011 -106 Resolution Approving Classification of Non - Conservation Property for Anoka County Land Sale Purposes Whereas, Anoka County is responsible for the management and disposition of tax forfeit parcels based on MSA Chapter 282, and; Whereas, on July 18, 2011 the City received notice of three tax forfeited parcels, and; Whereas, on August 23, 2011 the Anoka County Board of Commissioners approved Resolution #2011 -101 classifying parcels for land sales, and; Whereas, the aforementioned resolution classified all three parcels in a non - conservation status and is seeking affirmation of the same by the City of Columbia Heights' City Council, and; Whereas, the City Council views that two of these parcels should not be offered for immediate sale due to reasons offered below, NOW THEREFORE BE IT RESOLVED, 1) Parcel 35- 30 -24 -23 -0161 should be sold at auction, and if possible, combined with the abutting property owner 2) Parcel 36- 30 -24 -14 -0012 should be withheld from auction to give the City time to negotiate with the County for potential purchase 3) Parcel 35- 30 -24 -32 -0249 should be withheld due to potential environmental contamination issues and to give the City time to work with Anoka County to secure investigation and clean -up grants RESOLUTION 2011 -109 A RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE FOR APPLICATION OF A CONTAMINATION INVESTIGATION AND REMEDIAL ACTION PLAN (RAP) GRANT FOR THE PROPERTY LOCATED AT 3930 UNIVERSITY AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA BE IT RESOLVED, that the City of Columbia Heights, Minnesota act as the legal sponsor for project contained in the Contamination Investigation and Remedial Action Plan Grant Program to be submitted no later than November 1, 2011 and that the Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Columbia Heights, Minnesota. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not violated any Federal, State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above - referenced project(s), and that City of Columbia Heights, Minnesota certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. 14 City Council Minutes Monday, October 10, 2011 Page 10 of 13 BE IT RESOLVED that the City of Columbia Heights, Minnesota has approved the Contamination Investigation and Remedial Action Plan Grant Application to be submitted to the Department of Employment and Economic Development (DEED) no later than 4:00 p.m., November 1, 2011 by the City of Columbia Heights, Minnesota for the 3930 University Avenue N.E. site. NOW, THEREFORE BE IT FINALLY RESOLVED that the Community Development Director is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. RESOLUTION 2011 -109 A RESOLUTION committing local match and authorizing contract signature for application of a contamination investigation and remedial action plan (RAP) grant for the property located at 3930 University Avenue NE, Columbia Heights, Minnesota BE IT RESOLVED, that the City of Columbia Heights, Minnesota act as the legal sponsor for project contained in the Contamination Investigation and Remedial Action Plan Grant Program to be submitted no later than November 1, 2011 and that the Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Columbia Heights, Minnesota. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not violated any Federal, State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above - referenced project(s), and that City of Columbia Heights, Minnesota certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT RESOLVED that the City of Columbia Heights, Minnesota has approved the Contamination Investigation and Remedial Action Plan Grant Application to be submitted to the Department of Employment and Economic Development (DEED) no later than 4:00 p.m., November 1, 2011 by the City of Columbia Heights, Minnesota for the 3930 University Avenue N.E. site. NOW, THEREFORE BE IT FINALLY RESOLVED that the Community Development Director is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. RESOLUTION 2011 -107 RESOLUTION ADOPTING A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND ESTABLISHING THE CITY -WIDE SCATTERED SITE HOUSING TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TIF PLAN THEREFOR. 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 Board of Commissioners of the Columbia Heights Economic Development Authority (the "EDA ") has heretofore established CBD Redevelopment Project and adopted a Downtown Central Business District (CBD) Revitalization Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Downtown Central Business District (CBD) Revitalization Plan for CBD Redevelopment Project (the "Downtown Central Business District (CBD) Revitalization Plan Modification ") and establish the City -Wide Scattered Site Housing Tax Increment Financing District (the "District ") therein and adopt a TIF Plan (the "TIF Plan ") therefor (the Downtown Central Business District (CBD) Revitalization Plan Modification and the TIF Plan are referred to collectively herein as the "Plans "); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 through 469.1082 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act ") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Anoka County and 15 City Council Minutes Monday, October 10, 2011 Page 11 of 13 Independent School District No. 13 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission on October 4, 2011, approval of the Plans by the EDA on October 10, 2011, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports ") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05. The City is not modifying the boundaries of the CBD Redevelopment Project, but is however, modifying the Downtown Central Business District (CBD) Revitalization Plan therefor. Section 2. Findings for the Adoption and Approval of the Downtown Central Business District (CBD) Revitalization Plan Modification. 2.01. The Council approves the Downtown Central Business District (CBD) Revitalization Plan Modification, and specifically finds that: (a) the land within the Project area would not be available for redevelopment without the financial aid to be sought under this Downtown Central Business District (CBD) Revitalization Plan; (b) the Downtown Central Business District (CBD) Revitalization Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Downtown Central Business District (CBD) Revitalization Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of the City -Wide Scattered Site Housing Tax Increment Financing District. 3.01. The Council hereby finds that the City Wide Scattered -Site Housing Tax Increment Financing District is in the public interest and is a "housing district" under Minnesota Statutes, Section 469.174, Subd. 11 of the Act. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Public Purpose. 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer or home owner will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer or home owner are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Deputy Clerk. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Anoka County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Columbia Heights is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Deputy Clerk is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 16 City Council Minutes Monday, October 10, 2011 Page 12 of 13 RESOLUTION NO. 2011 -114 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COLUMBIA HEIGHTS CITY HALL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0901) has been submitted by City Staff to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 950 — 40 Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c), to allow a dynamic LED sign in the PO, Public and Open Space District WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on October 4, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The dynamic LED sign may not change or move more often than once every ten (10) seconds, except one for which changes are necessary to correct hour - and- minute, date, or temperature information. 2. A display of time, date or temperature information may change as frequently as once every five (5) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds. 3. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 4. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 5. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 6. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to 17 City Council Minutes Monday, October 10, 2011 Page 13 of 13 produce a distinct illumination change from a higher illumination level to a lower level for the time period between one - half hour before sunset and one half -hour after sunrise. RESOLUTION NO. 2011 - 115 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR COLUMBIA HEIGHTS CITY HALL WHEREAS, a proposal (Case # 2011 -0901) has been submitted by City Staff to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 590 — 40 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to allow an LED sign to occupy greater than 60% of the sign area per Code Section 9.106 (P)(8)(a)1. WHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on October 4, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 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 ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 18 CITY COUNCIL LETTER Meeting of: October 24, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPT A GRANT AGREEMENT WITH ANOKA BY: K. Hansen BY: COUNTY FOR IMPROVEMENTS TO RECYCLING DATE: 10/13/11 DATE: CENTER Background: Anoka County initiated a Recycling Center Enhancement Grant Program in April 2011. The grant application was submitted in May and requested $14,600 to install a new fence and gate (black, vinyl- coated chain link style), new signs, and a security camera. The Anoka County Board of Commissioners approved the grant requests (from various localities in the county) via an amendment to the Residential Recycling Program agreement. The City is required to match $1,150, which can be charged from within the nolirial operating Recycling budget, to manage the improvements and install a new walkup platform for the scrap metal bin. The center provides a convenient method for local residents and businesses to recycle items such as scrap metal, used oil and filters, tires, cardboard, paper, cans, and bottles. Recycling materials gathered at the center is added to our SCORE report community tonnages. Analysis /Conclusions: The Recycling Center grant was developed by Anoka County to improve recycling facilities throughout the county and to increase promotion of recycling opportunities for residents. A new fence and signs will give the drop -off center a more professional appearance, as the current fence is dilapidated and signs are worn and faded. $10,000 of the grant was approved for the installation of a new, black, vinyl- coated chain link fence and signs that may be installed this year, depending on the MSC yard storm water improvements timeline. Budgeted for 2012 is a security camera to cover both the MSC fuel pumps and the Recycling Center that will improve deterrence and reporting of dumping and other undesirable activities in the area. The county approved $4,600 for installation of the camera (estimated to be one -half of the cost, shared with the MSC). Recommended Motion: Move to accept the amendment to the Residential Recycling Program agreement to include the Recycling Enhancement Grant in the amount of $14,600 with Anoka County for improvements to the Recycling Drop -off Center, and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Award Letter Copy of Amendment to Agreement for Residential Recycling Program. COUNCIL ACTION: 19 COUNTY OF ANOKA idomik Integrated Waste Management Department Government Center 2100 3rd Avenue, STE 340 • Anoka, Minnesota 55303-5032 763-323-5730 • Fax 763-323-5731 E-mail • recycle@co.anokasrmus www.co.AnokaCounty.us/recycle Ty August 1, 2011 Memo To: The Cities of Andover, Bethel, Columbia Heights, Columbus, Coon Rapids, Nowthen and Oak Grove From: Carolyn Smith, Solid Waste Abatement Specialist Regarding: Recycling Enhancement Grant Agreements The Anoka County Board of Commissioners approved the following recycling enhancement grant application on Tuesday, June 28, 2011. Andover - $9,523.06 Bethel - $4,000.00 Columbia Heights - $14,600.00 Columbus - $775.00 Coon Rapids - $50,000.00 Nowthen $18,250.00 Oak Grove - $10,000.00 Please have the mayor/town board chair and clerk/administrator sign all three copies of the agreement and return to Anoka County Integrated Waste Management Department to complete the signature process. When the agreements are completely signed, an original copy will be mailed back to you and Anoka County retains two copies for its files. Thank you! Thank you for your efforts to enhance recycling in Anoka County! Affirmative Action / Equal Opportunity Employer Printed on 50% recycled paper 1?I'Qvhich 30% is post-consumer Anoka County Contract No. 2010-0320A AMENDMENT NO. 1 TO AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AMENDMENT is made this first day of July, 2011, the date of the signature of the parties notwithstanding, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and CITY OF COLUMBIA HEIGHTS, hereinafter referred to as the "Municipality." VVITNESSETH: WHEREAS, the County wishes to amend its Agreement with the Municipality for SCORE funds dated January 1, 2011; and WHEREAS, the County has received an additional $107,148.06 in SCORE funds and other similar grant funding; and WHEREAS, Paragraph 10, GENERAL PROVISIONS of said Agreement provides that any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced in writing, duly signed by the parties. NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated or contained in the Agreement, the parties do hereby agree as follows: 1. The parties agree to change Paragraph 4. PROGRAM, as follows: 1. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1,607 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. 21 iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2011, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. c. In order to receive additional funding the Municipality shall make recycling center improvements to include new signage, fencing, access platform, surface drainage, and security camera. The Municipality shall perform these additional duties in accord with the grant application attached Exhibit 1A. 2. The parties agree to change Paragraph 7. ELIGIBILITY FOR FUNDS, as follows: The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $51,546.35. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; and b. $5.05 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $413,023 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. The Municipality is also entitled to receive additional reimbursement for eligible expenses, less matching funds if required, for eligible activities as described in paragraph 4.c. up to the project maximum for additional funds, which shall not exceed $14,600.00, not including the Municipality match of $1,150.00 for a total project cost of $15,750.00. 3. This • endment is hereby made a part of and shall be amended to the Agreement of the parties. 4. All other terms and conditions of the original Agreement shall remain in full force and effect. _ _ 22 IN WITNESS WHEREOF, the parties have signed this Amendment on the dates written below. CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA By: By: Rhonda Sivarajah, Chair Name: Anoka County Board of Commissioners Title: Date: Date: By: By: Jerry Soma Municipality's Clerk County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: By: Assistant County Attorney 1:1atty\CEVATTYNKMT1Waste1Recycling-SCORE-Contracts1revlsed 2011-AMENDMENT-COLUMBIA HGTS-2010-0320A-FINALdocx -3 - 23 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: October 24, 2011 AGENDA SECTION: ORIGINATING CITY MANAGER'S NO: DEPARTMENT: Library APPROVAL ITEM: Task Force Request BY: M. Rebecca Loader BY: NO: DATE:10 /21 /2011 DATE: The Library was founded in 1928 when the Silver Lake School Mothers' Club decided that when the new high school opened, the town would need a public library. They canvassed the town with their children's little red wagons and solicited donations of books, magazines, furniture, and money in November, and the doors of the new library were opened for the first time on December 3 on the second floor of the Heights Theatre building. The library moved five times before the original building was erected on the lot on the corner of 40 and Jackson St. N.E. in 1960. In 1965, the City received a LSCA Grant and a Civil Defense Grant to build a two floor addition onto the original building. The lower level was constructed as a bomb shelter and housed supplies for Civil Defense and a shooting range. In 1975, the library took over the basement area and moved the children's department downstairs. Since that time numerous construction and remodeling projects have taken place to keep the building up to safety standards, ADA requirements, and to accommodate changes in technology. In 1999, the Library Board of Trustees began a long -range planning process for replacement of the building. In 2001, the Board raised money to form a foundation to serve as an organization that could raise money and hold money long tei„ i for the purpose of supporting a building project. Several projects, such as the Design Team visit, a presentation on public library buildings in the metro area that had undergone remodeling projects, and the Space Needs study, were all undertaken while the Board and the Foundation Board continued to look at replacing the building. Joint work sessions with the Board and Foundation Board explored possible grants and various ways of raising supplemental capital money. They also looked at various ways of combining facilities, such as a "town square" or campus approach for City-owned buildings. During the process, the Library continued to grow with demands for services, access to technology, and space for the community to gather. In 2011, the two Boards and the Friends of the Library have joined together to request that the City Council consider forming a task force to plan the possible replacement either of the library building and City Hall with a single building or the library building. MOTION: Move to recommend that the City Council authorize the formation of a task force to plan the possible replacement either of the library building and City Hall with a single building or the library building. COUNCIL ACTION: 24 CITY OF COLUMBIA HEIGHTS PUBLIC LIBRARY 820 - 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 -2996 (763) 706 -3690; TDD (763) 706 -3692 Board of Trustees Patricia Sowada Chair Nancy Holum Vice -Chair Catherine Vesley Secretary Stephen D. Smith Barbara L. Tantanella Member at large Tammera Diehm Council Liaison RESOLUTION 2011 - M. Rebecca Loader Library Director REQUESTING FORMATION OF TASK FORCE FOR PURPOSE OF PLANNING NEW BUILDING TO HOUSE PUBLIC LIBRARY AND CITY HALL WHEREAS, the Columbia Heights Public Library (CHPL) exists as an independent library serving the City of Columbia Heights and operating under the guidance of the Library Board of Trustees and City Council; and, WHEREAS, the CHPL Board of Trustees supports the concept of constructing a new building to house the CHPL and City Hall ; and, WHEREAS, the above listed group has volunteered time to support the CHPL in many ways; and, WHEREAS, studies indicate that the buildings that house the CHPL and City Hall have reached their capacity for expansion and/or remodeling; and WHEREAS, the location of the new Public Safety Building anchors the potential development of a "town square" layout on land already owned by the City; and WHEREAS, the need to replace both facilities would lend itself to a multi - purpose building with the potential of applying for grants to assist in funding; and NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights Public Library Board of Trustees requests that the City Council form a task force for the purpose of planning a new building to house the public library and City Hall. Passed this OL_ a 2e..( 5 pa tt Patricia A. Sowada, Board Chair 1 / y � iv , r Na . y . H • um, Vice -Chair en°-ort t7 Catherine A. Vesley, Secretary A- r UGGniti B ara Tantanel , Member at Large THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTU215Y EMPLOYER / / Stephen D. S ; th, Member at Large / , eei M. Rebecca Loader, Library Director The City of Columbia Heights does not discriminate on the basis of disability in employment or the provision of services. 26 RESOLUTION 2011 -5 REQUESTING FORMATION OF TASK FORCE FOR PURPOSE OF PLANNING NEW BUILDING TO HOUSE PUBLIC LIBRARY WHEREAS, the Columbia Heights Public Library (CHPL) exists as an independent library serving the City of Columbia Heights and operating under the guidance of the Library Board of Trustees and City Council; and, WHEREAS, the Friends of the Library support the concept of constructing a new building to house the CHPL; and, WHEREAS, the above listed group has volunteered time and raised funds to support the CHPL in many ways; and, WHEREAS, studies indicate that the building that houses the CHPL have reached its capacity for expansion and/or remodeling; and WHEREAS, the location of the new Public Safety Building anchors the potential development of a "town square" layout on land already owned by the City; and WHEREAS, the need to replace both facilities would lend itself to a multi - purpose building with the potential of applying for grants to assist in funding; and NOW, THEREFORE, BE IT RESOLVED that the Friends of the Columbia Heights Public Library requests that the City Council form a task force for the purpose of planning a new building to house the public library. Passed this ,3V-c( 0-6 c 0-9-/ a-© (1 L Rita orberg, President C L Frien of the Library Connie Carlson, Secretary CHPL Friends of the Library Ate if' A hiv B etty Rolf s, , reasurer CHPL Friends of the Library The City of Columbia Heights does not discriminate on the basis of disability in employment or the provision of services. 27 Columbia Heights Public Library Foundation RESOLUTION 2011 -3 820 40th Avenue NE REQUESTING FORMATION OF TASK FORCE FOR PURPOSE OF PLANNING NEW BUILDING TO Columbia Heights, HOUSE PUBLIC LIBRARY AND CITY HALL Minnesota 55421 763- 706-3690 WHEREAS, the Columbia Heights Public Library (CHPL) exists as an independent library serving the City of Fax 763 - 706 -3691 Columbia Heights and operating under the guidance of the Library Board of Trustees and City Council; and, 763 - 706 -3692 (hearing impaired only) WHEREAS, the CHPL Foundation supports the concept of constructing a new building to house the CHPL and City Hall ; and, WHEREAS, the above organization has volunteered time to support the CHPL in many ways; and, WHEREAS, studies indicate that the buildings that house the CHPL and City Hall have reached their capacity for expansion and/or remodeling; and Foundation WHEREAS, the location of the new Public Safety Building anchors the potential development of a "town Board Members square" layout on land already owned by the City; and WHEREAS, the need to replace both facilities would lend itselfto a multi- purpose building with the potential of Marlaine Szurek applying for grants to assist in funding; and President Sharon Shedlov NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights Public Library Foundation Board requests Treasurer that the City Council form a task force for the purpose of planning a new building to house the public library and City Hall. Kit Burgoyne Secretary Passed this " 5-111 d '1.--e-4-15-6-`11- .e> 11 Bruce Magnuson Gail Olson Marlain- Szurek, Presid • PL Foundation Cliff Shedlov Donald Vesley Bruce Magnusson, Vi • - -Pyi dent CHPL Foundation Tom Sherohman Emeritus j M. Rebecca Loader � �-�`r Library Director Kit Burgoyne, Secre . • C ' L Foundation f ; -� f .� Sharon Shedlov, Treasurer CHPL Foundation The City of Columbia Heights does not discriminate on the basis of disability in employment or the provision of services. 28 CITY COUNCIL LETTER MEETING OF: OCTOBER 24, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: ADOPT RESOLUTIONS 2011 -124 AND BY: JOSEPH KLOIBER BY: 2011 -125 TO PREPAY 2003A GO BONDS AND APPROVE RELATED INTERNAL LOAN DATE: OCTOBER 21, 2011 Background The series 2003A general obligation bonds were issued to finance street and utility improvements. The repayment source for the street portion is special assessments. The repayment sources for the utility portion are water revenues and storm sewer revenues. When the bonds were sold, it was commonly assumed that property owners inclined to pay off their assessment early would usually do so in the first year, and that most of the remaining owners would pay over the entire term of assessment. This however has not been the case. During the housing bubble, many properties changed hands as a result of "flipping ". During the recession that followed, many properties changed hands as a result of foreclosures. When properties sell, any outstanding special assessments are typically paid off through the closing process. Consequently, a significant amount of the special assessments intended to pay the street portion of the bonds have been collected far in advance of the scheduled due dates for the bond payments. Unfortunately, in the current interest rate environment, those prepayments are only earning about 2% in the City's investment pool. Whereas, the average interest rate on the bonds is about 3.75 %. Analysis To fund the redemption of the 2003A bonds at this time, the City can use the prepaid special assessments and a small portion of the revolving fund balance in the Assessment Fund (415) to pay the street portion of the bonds. The City would need to issue an internal loan to the water and storm sewer funds for the utility portion of the bonds. The recommend source of the internal loan is the General Government Capital Equipment Replacement Fund (431). Fund 431 consists primarily of funds invested for the long -term, and is therefore a suitable source for the loan. The terms of the loan approximate the existing utility portion of the bonds, except that the loan provides a slightly better interest rate of 3.5% to the utility funds. With 3.5% also being a better return on investment for Fund 431 than is currently available in the City's investment pool, the estimated net benefit to the City of this transaction is $50,000 over the next six years. Of course, a significant change in the market rate of interest during that time would change the amount that the City actually yields from this transaction. Staff recommends that the City Council adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2011 -124 and 2011 -125 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolutions 2011 -124 and 2011 -125, being a resolution providing for the prepayment and redemption of certain outstanding general obligation bonds of the City, and a resolution approving the terms of an internal loan in connection with redemption of the City's general obligation improvement and sewer and water revenue bonds series 2003A. Attachments COUNCIL ACTION: 29 Extract of Minutes of Meeting of the City Council of the City of Columbia Heights, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the Council of the City of Columbia Heights, Minnesota, was duly held in the City Hall in the City of Columbia Heights, on Monday, October 24, 2011, commencing at 7:00 P.M. The following members were present: and the following were absent: * ** * ** * ** Member introduced the following written resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 101 -124 RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota, as follows: 1. The City has issued and sold its General Obligation Improvement and Sewer and Water Revenue Bonds, Series 2003A, dated June 1, 2003 (the "Bonds ") in the total principal amount of $2,600,000. Bonds maturing on or after February 1, 2010, are subject to redemption and prepayment on February 1, 2011 and on any date thereafter at a price of par plus accrued interest. 30 2. It is determined that it is in the best interests of the sound fmancial management of the City that Bonds maturing on February 1 in the years 2012 to and including 2018, comprising all of the Bonds subject to redemption, be prepaid and redeemed on December 1, 2011 and those Bonds are hereby called for redemption on that date. 3. The Registrar is authorized and directed to publish, in accordance with law, a notice of call for redemption of the Bonds in the form attached hereto as EXHIBIT A to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar, and to mail a copy of the notice to the original purchaser of the Bonds. (The remainder of this page is intentionally left blank.) 31 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. Mayor Gary L. Peterson Patricia Muscovitz CMC City Clerk 32 STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS ) I, the undersigned, being the duly qualified and acting Clerk of the City of Columbia Heights, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on October 24, 2011, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the prepayment and redemption of $2,600,000 General Obligation Improvement and Sewer and Water Revenue Bonds, Series 2003A, of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 2011. City Clerk Columbia Heights, Minnesota (SEAL) 33 EXHIBIT A NOTICE OF CALL FOR REDEMPTION $2,600,000 GENERAL OBLIGATION IMPROVEMENT AND SEWER AND WATER REVENUE BONDS, SERIES 2003A CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Columbia Heights, Anoka County, Minnesota, there have been called for redemption and prepayment on DECEMBER 1, 2011 all outstanding bonds of the City designated as General Obligation Improvement and Sewer and Water Revenue Bonds, Series 2003A, dated June 1, 2003, having stated maturity dates of February 1 in the years 2012 through 2018, both inclusive, totaling $1,220,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2012 $190,000 197684 KZ5 2013 190,000 197684 LA9 2014 165,000 197684 LB7 2015 165,000 197684 LC5 2016 165,000 197684 LD3 2017 170,000 197684 LE1 2018 175,000 197684 LF8 The bonds are being called at a price of par plus accrued interest to December 1, 2011,on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota, on or before December 1, 2011. If by mail: If by hand: U.S. Bank National Association U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue 60 Livingston Avenue 3 rd Floor — Bond Drop Window EP- MN -WS3C St. Paul, MN 55107 St. Paul, MN 55107 393370v1 SJB CL162 -46 34 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W -9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Additional information may be obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934 -6802 Dated: October 24, 2011. BY ORDER OF THE CITY COUNCIL By /s/ Patty Muscovitz City Clerk City of Columbia Heights, Minnesota 393370v1 SJB CL162 -46 35 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2011-125 APPROVING THE TERMS OF INTERNAL LOAN IN CONNECTION WITH REDEMPTION OF THE CITY'S GENERAL OBLIGATION IMPROVEMENT AND SEWER AND WATER REVENUE BONDS, SERIES 2003A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ( "CITY ") AS FOLLOWS: Section 1. Background. 1.01. By separate action, the City has determined to prepay the City's $2,600,000 General Obligation Sewer and Water Revenue Bonds, Series 2003A (the "Series 2003A Bonds "), on December 1, 2011 (the "Redemption Date "). 1.02. The outstanding principal amount of the Series 2003A Bonds is $1,220,000, of which $660,000 represents the Improvement Bonds portion of the Series 2003A Bonds, and $560,000 represents the Sewer and Water Revenue Bonds portion of the Series 2003A Bonds (as those terms are defined in Resolution No. 2003 -21 awarding sale of the Series 2003A Bonds). 1.03. The City has determined to temporarily finance a portion of the amount need to redeem the respective portions of the Series 2003A Bonds from available funds in the Capital Equipment Replacement Fund 431 ( "Fund 431"), which fund is administered by the City and has a balance that is legally available for such purposes. 1.04. The City intends to reimburse Fund 431 for the costs of such bond redemption from water and storm sewer revenues in accordance with the terms of this resolution (which terms are referred to collectively as the "Internal Loan "). Section 2. Terms of Internal Loan. 2.01. On the Redemption Date, the City shall advance money from Fund 431 to pay the following portions of the cost to redeem the Improvement Bonds and Sewer and Water Revenue Bonds, respectively: Improvement Bonds: $ 17,000 Water and Sewer Revenue Bonds: $482,000 Total Internal Loan $499,000 393316v1 SJB CL162 -46 36 2.02. The Internal Loan shall be repaid from the following sources and in accordance with the following terms: Improvement Bonds: $17,000, from net revenues of the City's water fund. Water and Sewer Revenue Bonds: $381,000 from net revenues of the City's water fund. $101,000 from net revenues of the City's storm sewer fund Therefore, the total principal amount of the Internal Loan repaid with net water revenues is $398,000, and the total principal amount repaid with net storm sewer revenues is $101,000. For each component, the City shall repay Fund 431 the principal amount advanced together with interest thereon accruing from the Redemption Date at the annual rate of 3.5 %, all payable from the net revenues as described above (which payment is subordinate to any other internal loans or obligations secured in whole or in part with such revenues). 2.03. Principal and interest ( "Payments ") shall be paid annually on each December 31, commencing December 31, 2012 ( "Payment Dates ") and continuing through the date the principal and accrued interest on each component of the Internal Loan is paid in full. The proposed payment schedule is attached hereto as Exhibit A. 2.04. The principal sum and all accrued interest payable under this Internal Loan are pre- payable in whole or in part at any time by the City without premium or penalty. 2.05. This resolution is evidence of an internal borrowing by the City and shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Internal Loan or other costs, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Internal Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Internal Loan or accrued interest thereon, which may remain unpaid after the fmal Payment Date. 2.06. The City may amend the terms of this Internal Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. 393316v1 SJB CL162 -46 2 37 Approved by the City Council of the City of Columbia Heights this 24 day of October, 2011. Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 393316v1 SJB CL162 -46 3 38 EXHIBIT A CITY OF COLUMBIA HEIGHTS Proposed Interfund loan from Capital Equip Replacement Fund 431 Water Water Water Stormsewer Stormsewer Stormsewer loan balance Prin Int @ 3.5% loan balance Prin Int @ 3.5% 12/1/2011 398,000 - - 101,000 - - 12/31/2012 323,000 75,000 15,090 82,000 19,000 3,830 12/31/2013 259,000 64,000 11,310 66,000 16,000 2,870 12/31/2014 195,000 64,000 9,070 50,000 16,000 2,310 12/31/2015 131,000 64,000 6,830 34,000 16,000 1,750 12/31/2016 66,000 65,000 4,590 17,000 17,000 1,190 12131/2017 - 66,000 2,310 - 17,000 600 - 398,000 49,200 - 101,000 12,550 393316v1 SJB CL162 -46 A - 1 39 CITY COUNCIL LETTER Meeting of October 24, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: October 18, 2011 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for October 24, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 40 rsoi sno Print Rental Licenses to approve by CC Ins tt 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 - 706 -8151 10015 550 HUSET PKY NE Samatar, Mohobo F11317 1809 87th Trail N. $ 150.00 Brooklyn Park, MN 55443 10016 4007 MAIN ST NE Mariani, Marcea F11185 3222 39th Avenue South $ 150.00 Minneapolis, MN 55406 10025 -RY548 LOMIANKI LN NE Hambissa, Gudina F11321 6304 N London Ave. Apt. #F $ 150.00 Kansas City, MO 04151 10048 4308 6TH ST NE Keith, Kachler F11328 432 Hayward Avenue N. $ 150.00 Oakdale, MN 55128 10053 4047 6TH ST NE Hodgman, David F11392 331 Naegele AVE $ 150.00 Columbia Heights, MN 55421 10057 4124 5TH ST NE Nehmzow, Michael F11038 3943 172nd LN NW $ 150.00 Andover, MN 55304 10060 3913 ARTHUR ST NE Sentyrz Jr., Walter F11194 1612 2nd Street N.E. $ 150.00 Minneapolis, MN 55413 -1138 10061 805 50 1/2 AVE NE RP Managment F11342 1714 E. Hennepin Ave $ 150.00 Minneapolis, MN 55414 10061 805 50 1/2 AVE NE Chorney, Jason F11342 30 Americo Dr. $ 150.00 Warwick, RI 02889 10063 4721 5TH ST NE Froiland, Dena F11396 1825 158th Avenue N.W. $ 150.00 Andover, MN 55304 10073 1479 LINCOLN TER NE Tasks Unlimited Lodges F11338 2419 Nicollet Avenue S. $ 150.00 Minneapolis, MN 55404 10/18/2011 09:39 Page 1 41 '9117 2o mr' Print Rental Licenses to tt \ \ \ \ t , FIRE DEPARTMENT approve by CC Ins , ,.tai ., c , Distal 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763406 -8156 - Fax: 763 - 706 -8151 10088 1319 43RD AVE NE Hetland, Jason F11233 6803 Evergreen Lane N $ 150.00 Maple Grove, MN 55369 10090 4025 MADISON ST NE Kreklau - Schrantz, Corrine F11426 1230 Maine Prairie Road $ 150.00 St. Cloud, MN 56301 10094 4125 QUINCY ST NE Nett, Natalie F11415 5516 Sharon Road $ 150.00 Charlotte, NC 28210 10129 4151 STINSON BLVD NE Williams, Robert F11177 4047 Cleveland Street $ 150.00 Columbia Heights, MN 55421 10139 1011 41ST AVE NE Byers, Constantina F11388 999 41st Avenue N.E. Apt. #321 $ 150.00 Columbia Heights, MN 55421 10149 5056 WASHINGTON ST NE Koch, Kenneth F11325 4042 Arthur Street N.E. $ 150.00 Minneapolis, MN 55421 10165 4632 6TH ST NE Sentyrz, Jr., Walter F11327 3316 Highcrest Rd NE $ 150.00 Minneapolis, MN 55418 10168 411 SUMMIT ST NE Kemp, Gus F11326 2685 Lake Elmo Avenue $ 150.00 Lake Elmo, MN 55042 10170 4336 6TH ST NE Wickstrom, Steven F11427 5040 Madison St. $ 150.00 Columbia Heights, MN 55421 10177 4828 5TH ST NE Froiland, Dane F11395 1825 158th Avenue N.W. $ 150.00 Andover, MN 55304 10180 4149 7TH ST NE Esso Properties LLC F10875 3445 Longfellow Avenue STE #2 $ 150.00 Minneapolis, MN 55407 10/18/2011 09:39 Page 2 42 Print Rental Licenses to PAN FIRE DEPARTMENT ti approve by CC 825 41st Avenue N.E, - Columbia Heights, MN 55421 - Ph: 763 -706- 8156 - Fax: 763 -706 -8151 10189 4807 JEFFERSON ST NE Yard, Joe F11412 8181 East Fish Lake Road $ 150.00 Maple Grove, MN 55311 10194 4840 4TH ST NE Rodenberg, Arnold F11331 18274 South Diamond Lake Ct $ 150.00 Dayton, MN 55327 10207 657 47TH AVE NE Bui, Thanh F11349 3200 Adair Ave N. $ 150.00 Crystal, MN 55422 10223 4800 4TH ST NE Kian, Armad F11347 3800 Xerxes Avenue S. $ 150.00 Minneapolis, MN 55410 10224 4909 5TH ST NE Cel Monton, LLC F11343A 1845 Stinson PKWY #102 $ 150.00 Minneapolis, MN 55418 10224 4909 5TH ST NE Cities Home Rentals F11343A 1845 Stinson Pkwy #212 $ 150.00 Minneapolis, MN 55418 10298 4408 MONROE ST NE O'Connell, Brian F11394 387 Landcaster Ln N. $ 150.00 Champlin, MN 55316 10319 3832 2 1/2 ST NE Lemke, Michelle F11304 1530 Welcome Ave $ 150.00 Golden Valley, MN 55422 10341 4100 MONROE ST NE Richardson, Ed F11384 3910 Auburn Blvd. #70 $ 150.00 Sacramento, CA 95821 12023 943 42ND AVE NE Morocho, Nestor F11363 943 42nd Avenue N.E. Downstairs Unit $ 150.00 Columbia Heights, MN 55421 12026 1817 41ST AVE NE Swanson, Todd F11416 1815 41ST AVE NE $ 150.00 Columbia Heights, MN 55421 10/18/2011 09:39 Page 3 43 ,907 2007 Print Rental Licenses to P - . FIRE DEPARTMENT approve by CC "//) v , 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 -706 -8151 12029 4048 MADISON ST NE Carstensen, Kathryn F11334 4048 Madison Street $ 150.00 Columbia Heights, MN 55421 12032 5242 WASHINGTON ST NE Kronstedt, Kenneth F11355 5240 Washington Street $ 150.00 Columbia Heights, MN 55421 12134 1010 42ND AVE NE Gillespie, Roger F10690 1010 42nd Avenue NE Downstairs Unit $ 150.00 Columbia Heights, MN 55421 12145 683 51ST AVE NE Stockwell, Gary F11332 681 51st Avenue $ 150.00 Columbia Heights, MN 55421 12163 4209 WASHINGTON ST NE Lee, Grace F11398 4209 Washington Street $ 150.00 Columbia Heights, MN 55421 12186 4144 MADISON ST NE Wiggins, Weston F11402 4144 Madison Street NE $ 150.00 Columbia Heights, MN 55421 20002 1161 CHEERY LN NE Wilson, Craig F11330 12530 Dorchester Trail $ 150.00 Apple Valley, MN 55124 20009 1348 44 1/2 AVE NE Seiffert, Mitchell F11320 1350 44 1/2 AVE NE $ 150.00 Columbia Heights, MN 55421 20024 1266 CIRCLE TERRACE BLVD NE Gutmann, Sheila F11007B 4054 Birch Knoll Drive $ 150.00 White Bear Lake, MN 55110 20067- NC1411 37TH AVE NE Thorp, Willard F11159 337 Chestnut Street East $ 150.00 South St. Paul, MN 55075 20069 4157 QUINCY ST NE CMACS LLP, F11411 2130 Erin Ct. $ 150.00 New Brighton, MN 55112 10/18/2011 09:39 Page 4 44 1307 2007 Print Rental Licenses to mot- FIRE DEPARTMENT approve by CC Ins tl 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763- 7064156 - Fax: 763 -706 -8151 20076 4636 JOHNSON ST NE Frauly, Karen & Bill F11234A 3717 Reservior Blvd $ 150.00 Columbia Heights, MN 55421 20078 4630 TAYLOR ST NE Anderson, Gary F11176 51317 Pine Point Road $ 150.00 Big Fork, MN 56628 20083 4645 WASHINGTON ST NE Washington Street Homeowners Assoc. LLC F11345A PO Box 32 $ 150.00 New Richmond, WI 54017 20090 4849 5TH ST NE Jennings, Matthew F11322 3027 135 AVENUE $ 150.00 Ham Lake, MN 55304 20101 1203 CHEERY LN NE Schaff, Nelia F11366 1551 Woodside Court $ 150.00 Fridley, MN 55432 20117 1214 45 1/2 AVE NE Luu -Wang, Ping F11218 6239 4th Avenue S. $ 150.00 Richfield, MN 55423 20128 621 51ST AVE NE Busse, Daniel F11397 P O Box 18672 $ 150.00 Minneapolis, MN 55418 20173 4644 WASHINGTON ST NE Washington Street Homeowners Assoc. LLC F11345 PO Box 32 $ 150.00 New Richmond, WI 54017 20256 1415 PARKVIEW LN NE Peickert- Arndt, Candace F11341 P.O. Box 13 $ 150.00 Clinton, MN 56225 20290 1248 CIRCLE TERRACE BLVD NE Gutmann, Sheila F11007A 4054 Birch Knoll Drive $ 150.00 White Bear Lake, MN 55110 20315 1087 POLK CIR NE Larson, Larry F11216 1951 14th Street NW $ 150.00 New Brighton, MN 55112 10/18/2011 09:39 Page 5 45 X07 2067' Print Rental Licenses to t approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763 -706 -8151 20406 4556 FILLMORE ST NE Stauch, Audrey F11400 1155 Khyber Lane NE $ 150.00 Columbia Heights, MN 55421 30023 4226 4TH ST NE Johnson, Ross 11271 4226 4TH ST NE Apt #4 $ 160.00 Columbia Heights, MN 55421 30024 4308 4TH ST NE Kortas, Margaret F11373 1813 Stinson Blvd. $ 234.00 New Brighton, MN 55112 30030 647 37TH AVE NE Michigan Rentals, LLC F11308 6652 Pinnacle Dr $ 266.00 Eden Prairie, MN 55346 30034 2200 39TH AVE NE Midwest Management F11339A 750 Pennsylvanie Ave. S. $ 470.00 Minneapolis, MN 55426 30042 1026 40TH AVE NE Chohan, Raees F11336 5300 Central AVE NE $ 160.00 Fridley, MN 55421 30058 -NC600 51ST AVE NE Chester, Anthony F11401 1300 Skywood Court N.E. $ 160.00 Fridley, MN 55421 30078 4556 MADISON ST NE Ekah, Ita F11403 7704 Tessman Dr $ 160.00 Brooklyn Park, MN 55445 30082 315 44TH AVE NE First Select Equities F11407 1881 Station Pkwy. #120 $ 160.00 Andover, MN 55304 30104- NO4656 POLK ST NE Cities Investment Group, LLC F11231 1730 New Brighton BLVD #185 $ 160.00 Minneapolis, MN 55413 30104- NO1656 POLK ST NE McGrath, Todd F11231 1730 New Brighton Blvd, #185 $ 160.00 Minneapolis, MN 55413 10/18/2011 09:39 Page 6 46 Print Rental Licenses to * FIRE DEPARTMENT nay Ins ti Division approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 -706 -8151 34006 626 40TH AVE NE Knox, Kris F11335 3801 Leslee Curve $ 150.00 Excelsior, MN 55331 34010- NC1733 37TH AVE NE Hassan, Badrul F11188 3743 Lakeland Ave N. $ 150.00 Robbinsdale, MN 55422 34010- NC1733 37TH AVE NE Hassan, Badrul U1733 3743 Lakeland Ave N. $ 160.00 Robbinsdale, MN 55422 Total # of Licenses 69 10/18/2011 09:39 Page 7 47 CITY COUNCIL LETTER Meeting of October 24, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO: DATE: October 19, 2011 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the October 24, 2011 Council meeting. This agenda consists of applications for Contractor licenses for 2011, and the renewal of various business licenses for 2012. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 24, 2011 as presented. COUNCIL ACTION: 48 TO CITY COUNCIL October 24, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES - 2011 BLDG *Market Mechanical 8701 Wyomong Ave N, Brooklyn Park $60 Airics Heating LLC 12651 Zenith Ave, Burnsville $60 *Woodbury Mechanical 1988 Stanich Ct. Maplewood $60 *Madetzke & Gust Plumb 4786 Grenwich Rd N, Oakdale $60 Pete's Plumbing LLC 12011 Edelweiss St, Coon Rapids $60 Drobnicks Demolition 17611 Kettle River Blvd., Forest Lk $60 Guptil Contracting Inc 8616 Xylon Ave N, Brk. Pk $60 Decade Water Cond. 23616 Edelweiss St NW, St Francis $60 *Ostvig Tree 1161 E Wayzata Blvd, Wayzata $60 FUEL DISPENSING DEVICES - 2012 No. Tier /SA Gas 5000 Central Ave, Col. Hts. $140 Holiday Station 4259 Central Ave. Col. Hts. $180 Columbia Heights Rental 3901 Central Ave. Col. Hts. $50 MOTOR VEHICLE RENTAL - 2012 Columbia Hts Rental 3901 Central Ave, Col. Hts. $50 COURTESY BENCHES - 2012 US Bench Corp 3300 Snelling Ave, Mpls $475 CIGARETTE SALES - 2012 3 Municpal Liqour Stores 4950 Central Ave Fees waived 5225 University Ave 2105 37 Ave CURRENCY EXCHANGE LICENSE - 2012 Cash Czechs dba Kwik Cash 4639 Central Ave State License Needs City Council Approval for State to re- issue - Police Dept. reviewed. 49 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: October 24, 2011 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 140843 through 141025 in the amount of $ 1,084,604.00 . 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RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2011 -116, 117, 119, 120, 121, 122, and 123 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2011 -116, 117, 119, 120, 121, 122, and 123 being Resolutions 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 licenses listed. COUNCIL ACTION: 58 RESOLUTION 2011 -116 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Bruce McKenzie (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4317 5 Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 10, 2011 of an public hearing to be held on October 24, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2011, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 10, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10717 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 59 Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 60 RESOLUTION 2011 -117 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by M.V.A. International (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4330 3 Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 29, 2011 of an public hearing to be held on October 24, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 22, 2011 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 September 29, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 14, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Unit #3 - Shall repair /replace the stove b. Unit #3 - Shall remove the mold on; WALLS, DOWNSTAIRS AREAS, shall find and repair the source of the mold 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10813A is hereby revoked. 61 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 62 RESOLUTION 2011 -119 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Gonzalo A. Olojan (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3865 Tyler Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 14, 2011 of an public hearing to be held on October 24, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 30, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 14, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3865TY 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; 63 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 64 RESOLUTION 2011 -120 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Shah Khan (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 981 43-1 /2 Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 22, 2011 of an public hearing to be held on October 24, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 27, 2011 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 September 22, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 13, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall repair the stucco on the building 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11201 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 65 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 66 RESOLUTION 2011 -121 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Ross Telisek (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4252 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 30, 2011 of an public hearing to be held on October 24, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 13, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 30, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4252WASH 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; 67 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 68 RESOLUTION 2011 -122 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Jeff Swanson (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4530 Washington Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 6, 2011 of an public hearing to be held on October 24, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2011, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 6, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10656 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 69 Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 70 RESOLUTION 2011 -123 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Katherine Crosby (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1162 -64 Cheery Lane N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 6, 2011 of an public hearing to be held on October 24, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2011, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 6, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit family exempt renewal rental license application. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FE -1162 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 71 Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 CITY COUNCIL LETTER Meeting of October 24, 2011 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: October 18, 2011 DATE: NO: 11 -126 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2011 -126 — 1605 49 Avenue for failure to meet the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2011 -126 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2011 -126 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 73 RESOLUTION 2011 -126 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 Sharron Weglinski (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1605 49` Avenue, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 29, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 18, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 29, 2011 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 October 11, 2011 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 Codes(s) were found to exist, to wit: A. Shall repair /replace the damaged /rotted fence around the back yard. Shall replace any missing fence sections 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 1605 49` Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 74 ORDER OF COUNCIL 1. The property located at 1605 49 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 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 75 CITY COUNCIL LETTER Meetin: of October 24, 2011 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Second Reading: Ord 1602 re: BY: Scott Nadeau ? BY: NO. Authorizing the Police Department DATE: October 12, 2011 DATE: to Conduct Criminal History B ackground Investigations BACKGROUND The first reading of this ordinance was held at the October 10 meeting of the City Council. The Police Department's request for this ordinance comes from information gained during a recent Minnesota Bureau of Criminal Apprehension (MN BCA) quality assurance audit of the Police Department's records procedures. During that audit, it was discovered that the current city ordinance did not adequately provide authorization for the Police Department to access data maintained by the MN BCA Computerized Criminal History information system for conducting background investigations on city licenses. The audit information was provided to City Attorney James Hoeft, who has prepared the attached ordinance which will put us in compliance with the BCA's requirements. ANALYSIS /CONCLUSION It is the Police Department's desire to pursue enactment of this ordinance to comply with the Minnesota Bureau of Criminal Apprehension's requirements regarding authorization to run criminal history background checks on applicants for city licenses. RECOMMENDED MOTION Move to waive the reading of Ordinance No. 1602, there being ample copies available to the public. Move to adopt Ordinance No. 1602 being an Ordinance Authorizing the Police Department to Conduct Criminal History Background Investigations. COUNCIL ACTION: 76 ORDINANCE 1602 BEING AN ORDINANCE AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT CRIMINAL HISTORY BACKGROUND INVESTIGATIONS The City of Columbia Heights does ordain: Article IV, Chapter 3, Section 402 of the Columbia Heights City Code, which currently reads to wit: §3.402 BACKGROUND CHECKS (A) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for positions with the city as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the city, where the City Manager, or his designee, has determined that conviction of a crime may relate directly to the position sought. The Police Department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the City Manager and other city staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. (B) If the applicant's application is rejected due solely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in M.S. § 364.09, as it may be amended from time to time, the City Manager or his designee, must notify the applicant in writing of the following: (1) The grounds and reasons for the rejection. (2) The applicable complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time. (3) The earliest date the applicant may reapply for employment. (4) That all competent evidence of rehabilitation will be considered upon reapplication. Is hereby amended to read as follows: §3.402 BACKGROUND CHECKS (A) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for positions with the city as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the city, where the City Manager, or his designee, has determined that conviction of a crime may relate directly to the position sought. The Police Department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the City Manager and other city staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. (B) If the applicant's application is rejected due solely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in M.S. § 364.09, as it may be amended from time to time, the City Manager or his designee, must notify the applicant in writing of the following: 77 (1) The grounds and reasons for the rejection. (2) The applicable complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time. (3) The earliest date the applicant may reapply for employment. (4) That all competent evidence of rehabilitation will be considered upon reapplication. (C) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for city licenses. (D) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Manager, or other city staff involved in the license approval process. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 78 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 24, 2011 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 2nd Reading of Ordinance 1604, being a BY: Jeff Sargent, City Planner BY: Zoning Amendment as it relates to Variances DATE: October 18, 2011 _ BACKGROUND: In 2010, the Minnesota Supreme Court issued a decision that changed the longstanding interpretation of the statutory standard for granting variances. In the case of Krummenacher v. City of Minnetonka, the Supreme Court narrowly interpreted the definition of "undue hardship" and held that the "reasonable use" prong of the "undue hardship" test was not whether the proposed use is reasonable, but rather whether there was reasonable use in the absence of the variance. This was a much stricter standard, which considerably limited variance opportunities. On May 5, 2011, Governor Dayton signed 2011 Minnesota Laws, Chapter 19, amending Minnesota Statutes, section 462.357, subdivision 6 to restore municipal variance authority in response to Krummenacher v. City of Minnetonka. The new law now allows for variances to be granted based on whether the proposed use is a reasonable one, but happens to not conform to underlying zoning regulations. The new law renames the municipal variance standard from "undue hardship" to "practical difficulties," but otherwise retains the familiar three - factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. This means that the proposed use has to be a reasonable one for the property, conditions of the property have to be unique enough to warrant the variance, and the granting of the variance would not alter the essential character of the neighborhood in which the variance is granted. Code Section 9.104 (G) relates to the variance procedure for the City of Columbia Heights. The language currently used to describe the instances in which the City Council may grant a variance uses the term "undue hardship." Even so, the current language would still suffice and would be applicable for the City Council to grant a variance. However, to be more consistent with the recent legislation regarding variances, City Staff recommends a text amendment to the ordinance that substitutes the tern "undue hardship" with the tern "practical difficulties." RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on October 4, 2011. The Planning Commission recommended approval of the Zoning Amendment with a 5 -0 vote at the meeting. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1604, being ample copies available to the public. Move to adopt Ordinance No. 1604, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1604. Attachments: Ordinance 1604 (2n Reading Format); Draft Ordinance 1604 (IS` Reading Format), P +Z Report COUNCIL ACTION : 79 ORDINANCE NO. 1604 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING THE VARIANCE PROCEDURE AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.104(G) of the Columbia Heights City Code, which currently reads to wit: § 9.104 ADMINISTRATION AND ENFORCEMENT. (G) Variances. (1) Purpose. The purpose of a variance is to provide a means of departure from the literal provisions of this article where strict adherence would cause undue hardship because of circumstances unique to the property. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. (2) Right of Application. Any person with a legal interest in the property may file an application for one or more variances. (3) Application for variance. An application for a variance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the complete application for a variance in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for a variance from the provisions of this article. Approval of a variance shall require a simple majority vote of the City Council. (6) Required findings. The City Council shall make each of the following findings before granting a variance from the provisions of this article: (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. (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. 80 (c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental or the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. (7) Conditions of approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts directly associated with granting of the variance and to protect neighboring properties. Is thereby amended to read as follows: § 9.104 ADMINISTRATION AND ENFORCEMENT. (G) Variances. (1) Purpose. The purpose of a variance is to provide a means of departure from the literal provisions of this article. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. (2) Right of Application. Any person with a legal interest in the property may file an application for one or more variances. (3) Application for variance. An application for a variance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the complete application for a variance in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for a variance from the provisions of this article. Approval of a variance shall require a simple majority vote of the City Council. (6) Required findings. The City Council shall make each of the following findings before granting a variance from the provisions of this article: (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 practical difficulties in 81 confoiming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (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. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental or the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. (7) Conditions of approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts directly associated with granting of the variance and to protect neighboring properties. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: October 10, 2011 Second Reading: October 24, 2011 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 82 ORDINANCE NO. 1604 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING THE VARIANCE PROCEDURE AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.104(G) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.104 ADMINISTRATION AND ENFORCEMENT. (G) Variances. (1) Purpose. The purpose of a variance is to provide a means of departure from the literal provisions of this article. where strict adherence would cause undue hardship because of circumstances unique to the property. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. (2) Right of Application. Any person with a legal interest in the property may file an application for one or more variances. (3) Application for variance. An application for a variance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the complete application for a variance in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for a variance from the provisions of this article. Approval of a variance shall require a simple majority vote of the City Council. (6) Required findings. The City Council shall make each of the following findings before granting a variance from the provisions of this article: (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 . • :. - - . :: practical 83 difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (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. (c) The difficulty or hardship is practical difficulties are caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental or the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. (7) Conditions of approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts directly associated with granting of the variance and to protect neighboring properties. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: October 10, 2011 Second Reading: October 24, 2011 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 84 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0902 DATE: September 7, 2011 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Variances PREPARED BY: Jeff Sargent, City Planner INTRODUCTION, In 2010, the Minnesota Supreme Court issued a decision that changed the longstanding interpretation of the statutory standard for granting variances. In the case of Krummenacher v. City of Minnetonka, the Supreme Court narrowly interpreted the definition of "undue hardship" and held that the "reasonable use" prong of the "undue hardship" test was not whether the proposed use is reasonable, but rather whether there was reasonable use in the absence of the variance. This was a much stricter standard, which considerably limited variance opportunities. On May 5, 2011, Governor Dayton signed 2011 Minnesota Laws, Chapter 19, amending Minnesota Statutes, section 462.357, subdivision 6 to restore municipal variance authority in response to Krummenacher v. City of Minnetonka. The new law now allows for variances to be granted based on whether the proposed use is a reasonable one, but happens to not conform to underlying zoning regulations. The new law renames the municipal variance standard from "undue hardship" to "practical difficulties," but otherwise retains the familiar three - factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. This means that the proposed use has to be a reasonable one for the property, conditions of the property have to be unique enough to warrant the variance, and the granting of the variance would not alter the essential character of the neighborhood in which the variance is granted. Code Section 9.104 (G) relates to the variance procedure for the City of Columbia Heights. The language currently used to describe the instances in which the City Council may grant a variance uses the term "undue hardship." Even so, the current language would still suffice and would be applicable for the City Council to grant a variance. However, to be more consistent with the recent legislation regarding variances, City Staff recommends a text amendment to the ordinance that substitutes the term "undue hardship" with the term "practical difficulties." COMPREHENSIVE PLAN The purpose of a variance is to provide a means of departure from the literal provisions of the Zoning Code, given that a set of criteria is adhered to. Since this is a procedure allowed for any zoning district throughout the city, it is consistent with the intent of the Comprehensive Plan. 85 City of Columbia Heights Planning Commission September 7, 2011 City of Columbia Heights, Variances Case # 2011 -0902 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. The purpose of a variance is to provide a means of departure from the literal provisions of the Zoning Code, given that a set of criteria is adhered to. Since this is a procedure allowed for any zoning district throughout the city, it is consistent with the intent 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 deals with the regulations for obtaining a variance from the Zoning Code. The proposed amendment was triggered by a state legislative change and not by a single property owner. For this reason, the proposed amendment will benefit all residents and business owners 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. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 2 86