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HomeMy WebLinkAbout04/09/2012 Regular Session CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson 590 40th Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councihnembers Visit our website at:www.ci.columbia-heights.ntn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manager Walter R.Fchst The following is the agenda for the regular meeting of the City Council to be held at 7:00 pm on Monday, April 09, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discnminate 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 Pastor Dan Thompson, Columbia Heights Assembly of God 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Community Prayer Breakfast p4 B. National Library Week p5 C. 2012 Arbor Day Proclamation p6 D. Citizens Academy P7 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 MOTION: Move to approve the minutes of the March 26, 2012 City Council meeting. pg B. Accept Minutes of the Boards and Commissions MOTION: Move to accept the February 6, 2012 EDA meeting minutes. p19 MOTION: Move to accept the April 3, 2012 Planning and Zoning Commission meeting minutes. p25 C. Approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for April 9, p30 2 City Council Agenda Monday,April 09,2012 Page 2 of 2 2012 in that they have met the requirements of the Property Maintenance Code. D. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for April 9,2012 as presented. p36 E. Review Payment of the Bills p38 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 142978 through 143159 in the amount of$638,631.67. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS -none 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1st Reading of Ordinance 1606, being a Zoning Amendment as it Relates to Precious Metal p46 Dealers. MOTION: Move to waive the reading of Ordinance No. 1606,there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1606, for Monday, April 23, 2012, at approximately 7:00 p.m. in the City Council Chambers. 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 We f WF/pvm 3 PROCLAMATION COLUMBIA HEIGHTS COMMUNITY PRAYER BREAKFAST COLUMBIA HEIGHTS, MINNESOTA WHEREAS, in 1952 an event was inaugurated by leadership groups in the United States Senate and the House of Representatives and, WHEREAS, a voluntary committee of citizens has joined together in celebration of Columbia Heights to sponsor the Columbia Heights Community Prayer Breakfast, and WHEREAS, it shall be proclaimed "A Day of Personal Rededication in Columbia Heights," calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self-evident; that all men are created equal; they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men..." NOW, THEREFORE, I, Gary L. Peterson, Mayor of Columbia Heights, do hereby proclaim Wednesday, May 9, 2012, as the date of the Columbia Heights Community Prayer Breakfast. Mayor Gary L. Peterson 4 PROCLAMATION NATIONAL LIBRARY WEEK April 9-15, 2012 Whereas: the American Library Association has set aside the week of April 9-15, 2012, to recognize and celebrate library service in the United States; and Whereas: the Columbia Heights Public Library provides convenient open hours to serve community needs for information, education, and entertainment; and Whereas: the Library has trained staff to help people of all ages and backgrounds find and interpret the information they need to live, learn, and work; and Whereas: the Columbia Heights Public Library provides numerous instructive and enlightening programs for children and adults throughout the year; and Whereas: the Library levels the playing field for job seekers by providing computers and internet access for completing job searches and applications, increasingly found only online; and Whereas: the Columbia Heights Public Library provides information and entertainment in multiple forntats from print, to music, to video, to downloadable electronic- books and audio-books, to online databases and services; and Whereas: Libraries are part of the American dream, places for education, opportunity and lifelong learning for everyone. NOW, THEREFORE BE IT RESOLVED that I, Gary L. Peterson, Mayor of the City of Columbia Heights, proclaim April 9-15, 2012, to be National Library Week and encourage all city residents to visit the library, in person or online, to take advantage of the wonderful resources available there. You belong at the library. Board of Trustees Patricia Sowada, Chair Nancy Hoium, Vice-Chair Catherine Ves]ey,Secretary Steven Smith,Member at large Barbara L.Tantanella,Member at large Tammera Diehm. Council Liaison M.Rebecca Loader,Library Director Mayor Gary L. Peterson 5 PUBLIC WORKS ! REFUSE/RECYCLING 1 CENTRAL GARAGE ! SEWER/WATER ! ENGINEERING 1 STREETS ! PARKS A 1 OR DAY - A '. 1 OR MONTH PROCLAMATION WHEREAS: In 1872,J.Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS: this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS: Arbor Day is now observed throughout the nation and the world, and WHEREAS: trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs,moderate the temperature,clean the air,produce life- giving oxygen, and provide habitat for wildlife, and WHEREAS: trees are a renewable resource giving us paper,wood for our homes,fuel for our fires, and beautify our community, and WHEREAS: trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS: trees, wherever they are planted, are a source of job and spiritual renewal. NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Columbia Heights, do hereby proclaim April 27, 2012, to be ARBOR DAY AND THE MONTH OF MAY, 2012 TO BE ARBOR MONTH IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA FURTHER: I urge all citizens to plant trees to gladden the hearts and promote the well- being of present and future generations. DATED: This 9th day of April 2012 Mayor Gary L. Peterson 6 CITY OF COLUMBIA HEIGHTS PROCLAMATION Whereas: the Citizens Academy was established to create an educational forum where residents can learn the role and processes of their local government; and, Whereas: the Citizens Academy sessions were held for a six week period from January 19, 2012 to February 23, 2012; and, Whereas: the participants received a hands-on experience with the Police and Fire Departments and found out how the City's budget is put together and how tax dollars are used to fund city operations; and, Whereas: the participants also discovered how economic development projects are put together, the functions and services of the Library, the activities offered by the Recreation Department and the services provided by the Public Works Department; and, Whereas: the success of the program will pave the way for additional Citizens Academy functions in the future and improved citizen involvement. NOW, THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights do hereby acknowledge on behalf of the City Council the efforts of the individuals of the City's first Citizens Academy, and our desire for them to continue on as active citizen participants and leaders. Mayor Gary L. Peterson 7 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MARCH 26, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 26, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Jeremiah Rice from Oak Hill Baptist/The Point gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked staff to speak on grass and leaf pickup. Motionby Nawrocki to place Council Corner on the agenda. Peterson stated that this will be discussed at the next work session. As no second was received the motion failed. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Library - Staff Appreciation Becky Loader, Library Director, presented information on each staff member including: Alicia Cermak, Alison Marzolf, Nick Olberding, Rukia Sheikh-Mohamed, Marsha Tubbs, Gianna Ritzko, John Brosnahan, Michelle Wermerskirchen, Mia Kao Xiong, Renee Dougherty, Renee Rewitzer, Rachel Meyers, Stacey Hendren, Elaine Dietz-Mamaril, Ramon Gomez, Lauren Gutkaes, AlMamaril, Candice Marsh, Nancy Soldatow, Kelly Olson, Kan Kleinfehn, and Tracy Shaffer. Loader stated this is probably the best team she has ever had. She thanked them through this recognition. Peterson thanked her for the information and bringing this forward. He thanked her for her fine work. Peterson stated that on Thursday, March 29, SACA will have their Empty Bowls fundraiser event at Murzyn Hall. Nawrocki stated he attended the League of MN Cities meeting with Council member Schmitt. He listed the issues discussed, such as the cost of providing Voter ID's, budget requirements, rubbish hauler payments, and fiscal futures. Nawrocki referred to non-payment for council member reimbursements. We should look at not paying for employee expenses. Schmitt indicated comments given by Governor Dayton on partisanship, Voter ID, shooting ranges open to children's gun safety classes, and the fireworks bill. CONSENT AGENDA Nawrocki requested to remove items C, D, E, F, G for discussion. Acting City Manager Linda Magee took Councilmembers through the Consent Agenda. A. Arprove City Council Meeting Minutes Motion to approve the minutes of the March 12, 2012 City Council meeting. B. Accept Minutes of the Boards and Commissions Motion to accept the February 1, 2012 Library Board minutes. 8 City Council Minutes Monday,March 26,2012 Page 2 of 11 C. Adopt Resolution 2012-024, Authorizing Application to the MN DNR for a Local Trail Grant removed D. Adopt Resolution 2012-028, Approving the Joint Powers Agreement(JPA) with the Mississippi Watershed Management Organization removed E. Consider Implementing the National League of Cities Service Line Warranty Program removed F. Adopt Resolution 2012-031, Being a Resolution Awarding Street Striping; Resolution 2012-029, Being a Resolution Awarding Crack Sealing; and Resolution 2012-030, Being a Resolution Awarding Seal Coating removed G. Adopt Resolution 2012-032, Being a Resolution Restricting Parking on 49th Avenue at Columbia Heights High School removed H. Approve Attached List of Rental Housing Applications Motion to approve the items listed for rental housing license applications for March 26, 2012 in that they have met the requirements of the Property Maintenance Code. I. Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 26, 2012 as presented. J. 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 142817 through 142977 in the amount of $552,648.17. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of C, D, E, F, and G. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2012-024, Authorizing Application to the MN DNR for a Local Trail Grant Motion by Diehm, second by Schmitt, to waive the reading of Resolution No. 2012-024, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution No. 2012-024, being a Resolution authorizing the Public Works Director to submit an application to the Department of Natural Resources Local Trail Program for eligible funds for trail improvements and designating the Director of Public Works as the primary contact for the program. Kevin Hansen, Public Works Director, stated this is connected to a past resolution for a cost sharing trail adjacent to Hart Boulevard going to Prestemon Park. For 2012 the grant is 75% DNR and 25% City cost share. When we applied for this grant in 2010, is was a 50/50% split. The city would have up to two years to build the trail. It would be a bituminous 8 to 10 foot trail. Nawrocki questioned if this would eliminate some parking along Hart Boulevard. Hansen stated no. Schmitt asked why the trail would cross Cleveland to get to Prestemon Park. Hansen stated this was because of the elevation/slope of this area. 9 City Council Minutes Monday,March 26,2012 Page 3 of 11 Upon vote: All ayes. Motion carried. D. Adopt Resolution 2012-028, Approving the Joint Powers Agreement (JPA) with the Mississippi Watershed Management Organization Motion by Schmitt, second by Williams, to waive the reading of Resolution 2012-028, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Williams, to adopt Resolution 2012-028, Being a Resolution Approving the Joint Powers Agreement and Officially Designating the City of Columbia Heights' Membership in the Mississippi Water Management Organization. Hansen gave the background on Surface Water Management. Previously, we fell into two governing bodies—Rice Creek Watershed District and the Six Cities WMO. The WMO, which operated for 20 years, has now disbanded. We had to look to join other jurisdictions. Council directed us to contact the Mississippi Watershed District. This is an updated joint powers agreement to join that group. This will change them from a five member board to a seven member board to represent our participation. They do give money back to cities through capital improvements. The JPA will have a 20 year agreement. Their plan will be updated every ten years. Nawrocki asked if we would have an equal vote on the board. Hansen stated yes. Nawrocki stated it would be about $30 a year for an average home. Hansen stated we would contribute about $140,000. Our past budget was approaching $60,000 to $80,000. Upon vote: All ayes. Motion carried. E. Consider Implementing the National League of Cities Service Line Warranty Program Hansen stated this would be a warranty program to pay for sanitary sewer and water main coverage. This program is beginning to be used across the nation and is offered by Utility Service Partners from Pennsylvania. They were selected by the National League of Cities. When a problem is encountered, they contact a local plumber to fix the service within 72 hours. In 2013 this opportunity will extend to commercial businesses. Nawrocki indicated concern with our promotion of this program. Buffalo is the only other community in Minnesota that participates. He stated that he pays $74 a year for$5000 of coverage. Hansen stated that this is not standard coverage through insurance companies. This is an alternative that would not be mandated. It is only an option for any homeowner to consider. Nawrocki recommended waiting until others are participating. Schmitt stated that she checked with brokers and they indicated they could not offer this coverage for this cost. She questioned if there would be money coming back to us. Hansen stated there could be a rebate program of 10% that would come back to the city, but we would not choose to use this option as the cost to the resident would be 10% higher. Coverage is $4,000 for each item, up to $8000 total. Peterson stated that the company would market this and it would not be required for residents to purchase this coverage. Hansen stated this would be a one year contract. We would have the option to not renew the contract. Peterson stated this program is approved by the NLC. Motion by Diehm, second by Schmitt, to approve the Marketing Agreement with Utility Service 10 City Council Minutes Monday,March 26,2012 Page 4 of 11 Partners implementing the NLC Service Line Warranty Program in Columbia Heights, and authorizing the Mayor and City Manager to enter into an agreement with Utility Service Partners for the NLC Service Line Warranty Program. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. F. Adopt Resolution 2012-031, Being a Resolution Awarding Street Striping; Resolution 2012- 029, Being a Resolution Awarding Crack Sealing; and Resolution 2012-030, Being a Resolution Awarding Seal Coating Hansen stated that we have participated in this program for the last seven years. With a large contract like this, the price is considerably better. There are now 12 cities participating. With oil prices we anticipated a ten percent cost increase. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-031, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2012-031, Being a Resolution Awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2012 Street Striping Project to AAA Striping Service, based upon their low, qualified, responsible bid in the amount of$17.84 per gallon for Street Markings and $100.00 per gallon for Symbol Markings with an estimated cost of$6,300 to be appropriated from Fund 212-43190-4000 and $700 to be appropriated from Fund 101-43170-4000. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-029, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2012-029, Being a Resolution Awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2012 Crack Sealing Project to American Pavement Solutions based upon their low, qualified, responsible bid in the amount of$0.56 per lineal foot for crack sealing with an estimated cost of $4,500 to be appropriated from Fund 415-51201-4000, and $3,000 to be appropriated from Fund 430-46323-5185. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-030, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2012-030, Being a Resolution Awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2012 Seal Coating Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of$2.65 per gallon of emulsion and $0.82 per square yard of aggregate with an estimated cost of$69,500 to be appropriated from Fund 415-51101-5185 and $69,500 to be appropriated from Fund 430-46323-5185. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2012-032, Being a Resolution Restricting Parking on 49th Avenue at Columbia Heights High School Peterson stated this was brought to us by residents of the area. Hansen indicated that we have received several calls on visibility issues. Parking here is already restricted during school hours. The visibility is difficult during evening events. After viewing the area, staff determined it was a concern. We met with the School District and the County Road Division to discuss the parking 11 City Council Minutes Monday,March 26,2012 Page 5 of 11 restriction. Hansen described the restrictions designated in the resolution. Nawrocki stated that he has not seen a problem there, except during football games. This would remove some parking from the gym. He questioned the need for this. He asked if this was brought to the Traffic Commission. Hansen stated no, this was discussed with the County and the Schools that this would impact. This would remove about two parking spaces. Hansen stated this is for the pedestrians crossing the street. Hansen stated that the County would have liked this distance extended even further. Schmitt stated that this is a problem mainly during large events. She indicated that street lights are extremely important. Hansen stated that four additional street lights have been ordered and wattage will increase from 100 watt to 250 watt. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-032, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2012-032, Being a Resolution Restricting Parking for 50' on the north side of 49th Avenue NE (CSAH 4) at the intersection of Fillmore Street and west of Johnson Street, and for 50' on the south side of 49th Avenue NE (CSAH 4) east of Fillmore Street and on both sides of the driveway access to the high school athletic fields, and restricting parking for 30' on the east side of Fillmore Street NE north of 49th Avenue, based on the recommendation of the City Engineer in cooperation with Independent School District#13 and the Anoka County Traffic Engineering Manager. Motion by Nawrocki to set this aside for the Traffic Commission to review. Schmitt stated she asked that question, but the delay would take this past the date of graduation when it would be beneficial. Peterson called for a second to the motion. Motion died for lack of a second. Upon vote of the original motion: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2012-34 for 4345 5th Street N.E., 2012-35 for 4008 2nd Street N.E., and 2012-36 for 4219 7th Street N.E., 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 Fire Chief Gary Gorman indicated revocations are recommended for failure to complete the licensing process. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2012-34, 35, and 36 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution Numbers 2012-34, 35, and 36 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. Upon vote: All ayes. 12 City Council Minutes Monday,March 26,2012 Page 6 of 11 ITEMS FOR CONSIDERATION - None ADMINISTRATIVE REPORTS Report of the City Manager Linda Magee, Acting City Manager, listed items for discussion at the April 2, 2012 City Council Work Session. She indicated there is an EDA meeting the same evening at 6:30 p.m. Nawrocki asked about leaf pick up. Hansen stated that yard waste collection begins next week. It is advertised in the Heights Happenings and on our web site. Branches must be in a 3 x 3 foot bundle, and other yard waste needs to be in compostable bags or wheeled yard waste carts. Carts were offered last year and we now have over 100 users that have the curb side weekly pick up. Diehm stated that our new city web site is very user friendly. She complimented staff. Nawrocki thanked the City Manager for getting a trash barrel at 47th and Central and for the clean up around the area. Nawrocki indicated disappointment on the length of time it took to get the liquor financial report. He referred to the utility bills, stated they do not indicate the difference in the prior rate and the rate increase. Nawrocki stated that the Board of Review will be held on April 9`h. This should be broadcast on cable TV. The Cable Commission has not met for a year and we used to get a report on the number of cable users. Maybe there should be a meeting or abolish the commission. Magee stated that the City does get the monthly reports. We can indicate the participation penetration rate. Nawrocki indicated complaints he has received on cable rates. Magee stated that at the last Council meeting there were appointments to the Boards and Commissions and it was indicated on the Council letter that the Telecommunication Commission would be inactive. Nawrocki requested the City Planner find out if the taxi auto garage at 5009 University Avenue has room to park a"for sale" vehicle in it. He also indicated that the dumpster in the back of the building has trash and tires around it. Report of the City Attorney—nothing to report. Nawrocki questioned why the City Attorney would not allow the Library Task Force addresses to be public information. Patty Muscovitz, City Clerk, stated that was a State Statute requirement. Peterson asked if there could be clean up around the bushes along Central Avenue. With the windy weather we are having, trash is collecting along the Avenue. Hansen stated that cleanup on the Avenue will be done on Tuesday, Wednesday, and Thursday of this week. CITIZENS FORUM Steve Smith, 3813 Lincoln Street, representing 4031 Jackson Immaculate Conception, indicated that the church had both a broken sewer line and water line breaks. The city staff responses were almost immediate. Both situations were taken care of within 48 hours, allowing their events to not be affected. Hansen stated that staff takes care of this and he indicated his appreciation for the work they do. Peterson also stated he wants staff to know Council's appreciation for the work they do. Peterson stated: Don't forget our service men and women. Keep them in your prayers. He stated he would like to look into Columbia Heights becoming a yellow ribbon community. It involves welcoming our service men and women home. There about five communities banding together to do this. Peterson asked for Council members' agreement, which he received. Nawrocki suggested speaking to VFW Post 230 about this. 13 City Council Minutes Monday,March 26,2012 Page 7 of 11 Peterson stated"Don't take ourselves too seriously and do a random act of kindness". ADJOURNMENT Peterson adjourned the meeting at 8:23 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2012-024 RESOLUTION SUPPORTING GRANT APPLICATION AND ACCEPTANCE TO DEVELOP THE PROPOSED TRAIL PROJECT WHEREAS,the City Council of Columbia Heights supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail Connections Program. The application is to construct 1,000 feet of paved trail known as the Hart Lake Trail from 37'h Avenue to 39th Avenue along the west side of Hart Boulevard,and to construct 200 feet of paved trail known as the 391h Avenue Trail along the south side of 39th Avenue between Hart Boulevard and Cleveland Street. The trail system is located adjacent to Hart Lake and will connect 37th Avenue to Prestemon Park,and WHEREAS,the City of Columbia Heights has a Development Agreement to received payment from the Lighthouse of Columbia Heights Development for the purpose of developing the Hart Lake Trail,that will be of immediate benefit to the residents of this assisted living establishment,and WHEREAS,the City of Columbia Heights is committed to promoting active living and healthy lifestyles among residents of the City of Columbia Heights and is consistent with the City's Pedestrian and Bicycle Mobility Plan. NOW,THEREFORE,BE IT RESOLVED,if the City of Columbia Heights is awarded a grant by the Minnesota Department of Natural Resources,the City of Columbia Heights agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above-referenced project. The City of Columbia Heights will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement,and BE IT FURTHER RESOLVED,the City Council of the City of Columbia Heights names the fiscal agent for the City of Columbia Heights for this project as: Joseph Kloiber Finance Director City of Columbia Heights 590 40th Avenue NE Columbia Heights,MN 55421 BE IT FURTHER RESOLVED,the City of Columbia Heights hereby assures the above trail will be maintained for a period of no less than 20 years. NOW THEREFORE BE IT RESOLVED that the Director of Public Works is hereby authorized to apply for and execute such agreements as are necessary to implement those projects receiving DNR Local Trail Connection Grant Funding on behalf of the City. RESOLUTION 2012-028 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT FOR THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION WHEREAS,the cities of Minneapolis,St.Paul,Lauderdale,and St.Anthony Village and the Minneapolis Park and Recreation Board are parties to a joint powers agreement entitled Joint and Cooperative Agreement for the Mississippi Watershed Management Organization(the"Agreement"); and WHEREAS,the Agreement provides for the creation of a watershed management organization pursuant to,and in accordance with Minnesota Statutes,Sections 103B.201 to 103B.253 (the"Mississippi Watershed Management Organization"or"MWMO"); and WHEREAS,the cities of Columbia Heights,Fridley,and Hilltop wish to join the MWMO;and WHEREAS,the current parties to the Agreement are willing to accept the cities of Columbia Heights,Fridley, and Hilltop as members of the MWMO,incorporating into the territory of MWMO those parts of the cities of Columbia Heights,Fridley, and Hilltop located south of the boundary of the Rice Creek Watershed District that were formerly included within the jurisdiction of the Six Cities Watershed Management Organization; and WHEREAS,the parties have proposed an amended joint powers agreement that would include,in addition to the original members of the MWMO,the cities of Columbia Heights,Fridley,and Hilltop(the"Amended Agreement);and WHEREAS,the City Council has determined that approving the Amended Agreement is reasonable,prudent,and in the best 14 City Council Minutes Monday,March 26,2012 Page 8 of 11 interest of the public; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights,Minnesota as follows: 1. The Amended Agreement is approved and the Mayor and City Manager are authorized and directed to execute the Amended Agreement. 2. Upon completion of Appendix A of the Amended Agreement,which is the legal description of the jurisdictional area of the MWMO,including those parts of the cities of Columbia Heights,Fridley,and Hilltop located south of the boundary of the Rice Creek Watershed District that were formerly included in the jurisdictional area of the Six Cities Watershed Management Organization,the City Clerk is directed to deliver a copy of the executed Amended Agreement to the Executive Director of the MWMO together with a certified copy of this resolution. RESOLUTION 2012-029 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2012 STREET MAINTENANCE,CRACK SEALING PROJECT TO AMERICAN PAVEMENT SOLUTIONS,INC. WHEREAS,the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low,qualified,responsible bidder,and WHEREAS,pursuant to an advertisement for bids for 2012 Crack Sealing,bids were received,opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount American Pavement Solutions $ 124,768.56 Allied Blacktop $ 142,592.64 Asphalt Surface Technologies $ 182,696.82 WHEREAS,it appears that American Pavement Solutions of Green Bay,Wisconsin is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with American Pavement Solutions on behalf of the City of Columbia Heights for 2012 Crack Sealing, according to the specifications for said project and accepting Crack Sealing Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Crack Sealing Project shall be funded with 65%project funds and 35%infrastructure fund. RESOLUTION 2012-030 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2012 STREET MAINTENANCE,SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS,the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low,qualified,responsible bidder,and WHEREAS,pursuant to an advertisement for bids for 2012 Street Maintenance, Seal Coating bids were received,opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid Amount Alternate Bid Amount Company (Trap Rock) (Granite) Allied Blacktop $ 1,439,133.92 $ 1,304,392.88 Pearson Brothers $ 1,440,093.10 $ 1,372,722.58 Asphalt Surface Technologies $ 1,517,634.04 $ 1,392,517.36 WHEREAS,it appears that Allied Blacktop of Maple Grove,Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2012 Street Maintenance Seal Coating,according to the specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Seal Coat Project shall be funded with 50%assessments and 50% infrastructure fund. RESOLUTION 2012-031 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2012 STREET MAINTENANCE, STREET 15 City Council Minutes Monday,March 26,2012 Page 9 of 11 STRIPING PROJECT TO AAA STRIPING SERVICE WHEREAS,the City Council of Columbia Heights entered into ajoint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low,qualified,responsible bidder,and WHEREAS,pursuant to an advertisement for bids for 2012 Traffic Markings,bids were received,opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount AAA Striping Service $ 168,086.72 Traffic Marking Service $ 185,346.16 Highway Technologies $216,208.72 WHEREAS,it appears that AAA Striping Service of St.Michael,Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with AAA Striping Service on behalf of the City of Columbia Heights for 2012 Street Striping,according to the specifications for said project and accepting AAA Striping Service Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Street Striping Project shall be funded with 90% State Aid maintenance funds and 10%general fund. RESOLUTION NO.2012-032 BEING A RESOLUTION RELATING TO PARKING RESTRICTIONS ON 49TH AVENUE NE,CSAH 4,AND ON FILLMORE STREET NE NEAR THE COLUMBIA HEIGHTS HIGH SCHOOL IN THE CITY OF COLUMBIA HEIGHTS,MN. WHEREAS,THIS RESOLUTION was passed this 26th day of March,2012,by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the"City" WITNESSETH: WHEREAS,there is considerable pedestrian and vehicle traffic along 49th Avenue NE,CSAH 4 near the Columbia Heights High School;and WHEREAS,existing on street parking on 49th Avenue and Fillmore Street does not provide for adequate visibility at the intersections. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the"City"shall ban the parking of motor vehicles at the following locations: North side of 49th Avenue NE,CSAH 4 50' West and East of Fillmore Street 50'West of Johnson Street South side of 49th Avenue NE,CSAH 4 50'East of Fillmore Street 50'West and East of H.S. driveway to athletic fields East side of Fillmore Street NE 30'North of 49th Avenue RESOLUTION 2012-34 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 JZ Properties,LLC(Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 4345 5th Street,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 March 1, 2012 of an public hearing to be held on March 26,2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City 16 City Council Minutes Monday,March 26,2012 Page 10 of 11 Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about May 1, 2011, inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on March 1,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule an rental license reinspection with the Building Official 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 F11104 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. RESOLUTION 2012-35 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 Glen Stauffacher(Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 4008 2nd 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 March 1, 2012 of an public hearing to be held on March 26,2012. 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 February 12, 2012 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 March 1,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit 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 U4008 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. RESOLUTION 2012-36 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 Joseph G.Geshick(Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 4219 7`h 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 March 1, 2012 of an public hearing to be held on March 26,2012. 17 City Council Minutes Monday,March 26,2012 Page 11 of 11 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 February 17, 2012 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 March 1,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit 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 U4219 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. 18 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF FEBRUARY 6, 2012 IN CONFERENCE ROOM 1 The meeting was called to order at 6:38 pm by Executive Director-Walt Fehst. Members Present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, and Tammera Diehm. Bobby Williams arrived at 7:00 pm. Members Absent: Marlaine Szurek and Gerry Herringer(term expired-needs to take new Oath of Office). Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. 2. PLEDGE OF ALLEGIANCE- RECITED 3. ELECTION OF OFFICERS- Chair- Diehm nominated Peterson for Chair, seconded by Schmitt. There were no further nominations. All ayes. Vice Chair: Diehm nominated Schmitt for Vice Chair, seconded by Nawrocki. There were no further nominations. All ayes. Secretary/Treasurer: Schmitt nominated Nawrocki for Secretary/Treasurer, seconded by Diehm. There were no further nominations. All ayes. 4. CONSENT ITEMS 1. Approve the Minutes from November 22, 2011. 2. Approve the Financial Report and Payment of Bills for November and December, 2011 on Resolution 2012-01. Questions from members: There were no questions. Motion by Diehm, seconded by Schmitt, to waive the reading of Resolution 2012-01, there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Diehm, seconded by Schmitt, to approve the minutes and adopt Resolution 2012-01 approving the payment of bills for November and December 2011. All ayes. MOTION PASSED. EDA RESOLUTION 2012-01 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR NOVEMBER AND DECEMBER, 2011 AND PAYMENT OF BILLS FOR THE MONTHS OF NOVEMBER AND DECEMBER,2011. WHEREAS,the Columbia Heights Economic Development Authority(EDA)is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and 19 EDA February 6, 2012 Page 2 of 6 WHEREAS,the financial statement for the months of November and December 2011 has been reviewed by the EDA Commission; and WHEREAS,the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS,the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports,Annual City approved Budgets,Audits and similar documentation; and WHEREAS,financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct,as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. BUSINESS ITEMS 5. BYLAW AMENDMENT-RESOLUTION 2012-02 Over the past year the EDA has been meeting on the first Monday of the month prior to the City Council workshops, with a few exceptions of longer meetings which have taken place on the regular 4th Tuesday meeting night. At the November 22, 2011 meeting the EDA voted to amend the bylaws to officially change the meeting day and time to the first Monday of the month at 6:30PM with the idea that if a longer agenda is anticipated a special meeting will be called. Resolution 2012-02 will amend the EDA Bylaws, Article III-Meetings, to read: Section 1. REGULAR MEETINGS. Monthly Meetings will be held on the First Monday of the month at 6:30 p.m. at City Hall. If that date is a legal holiday, in which case the meeting will be held on the next succeeding business day. In the event the date/time/meeting place of a particular meeting must be changed, the Executive Director may make such change deemed necessary by notifying all Commissioners of the revised meeting time and date in accordance with the procedures for a special meeting. Section 3. SPECIAL MEETINGS. Special meetings of the Board of Commissioners may be called by the President, two members of the Board of Commissioners, or the Executive Director for the purpose of transacting any business designated in the call. The call (including location of the meeting) for a special meeting must be delivered to Commissioners at least two days before the meeting, and notice of the meeting must be posted in the Authority's offices at least three days before the meeting. At a special meeting, no business may be considered other than designated in the call, but if all members of the Authority are present at a special meeting any business may be transacted at such special meeting by unanimous vote. If possible, the fourth Tuesday of the month shall be the favorable meeting date. Questions from Members: 20 EDA February 6, 2012 Page 3 of 6 Nawrocki noted that in Section 3 the sentence regarding"any new business may be transacted at a special meeting by unanimous vote" should be deleted. He stated that only items included on the posted agenda may be considered at a special meeting. Cartney said this is the same wording we previously had in the By-laws that were amended in 2005. She suggested, however, that we pass the proposed Resolution as presented since it only addresses the change of dates, and that staff will get the Attorney's opinion on this and bring it back to the Commission. Diehm agreed that passing the Resolution would be appropriate. The issue of new business being considered at a special meeting can be addressed at a later meeting if the Attorney advises a correction of the By-laws. Nawrocki also noted that if the meeting would ever end up on the second Tuesday of the month due to a Holiday postponing the meeting by a day, he would have a conflict with that date. Diehm assured him that the Commission would do its best to accommodate his schedule. Motion by Diehm, seconded by Schmitt, to waive the reading of Resolution 2012-02 there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Diehm, seconded by Schmitt, to adopt Resolution 2012-02, Resolution to Amend and Restate the By-Laws of the Economic Development Authority of Columbia Heights. All ayes. MOTION PASSED. ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION 2012-02 RESOLUTION TO AMEND AND RESTATE THE BY-LAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS,MINNESOTA. WHEREAS, the Amended and Restated Bylaws of the Economic Development Authority (Authority), dated January 25, 2005,Article III-Meetings, the meetings will be held on the Fourth Tuesday of each month at 7:00 p.m. at City Hall, with the exception of the months of January, April,July and October, where the meetings will be held in conjunction with the HRA at Parkview Villa and starting immediately following the HRA meeting.; and WHEREAS,the Amended and Restated Bylaws of the Authority,dated February 6,2012, Article III- Section 1 Regular Meetings shall be, the meetings will be held on the First Monday of the month at 6:30 p.m. at City Hall.; and WHEREAS,the Amended and Restated Bylaws of the Authority, dated February 6,2012,Article III — Section 3 Special Meetings shall be, If possible, the fourth Tuesday of the month shall be the favorable meeting date. WHEREAS,the proposed changes to the Bylaws have been reviewed by the Authority Commissioners and Staff and found satisfactory; THEREFORE BE IT RESOLVED that the revised Bylaws of the Economic Development Authority of Columbia Heights, Minnesota were adopted as written. 6. RFP PROCESS FOR SCATTERED SITE LOTS Cartney explained that in 2009,the EDA directed staff to implement all necessary steps to create a Scattered Site Housing District. This district includes 23 parcels with the majority being owned by the City. The increment from this district will replenish the old C8 Redevelopment district(the original 21 EDA February 6, 2012 Page 4 of 6 source for the scattered site)to allow the city to have additional funds for housing activities.At the November 22,2011 EDA meeting staff was directed to draft an RFP for development of three to four lots. The RFP process as drafted will include Program Guidelines, a cover letter for each property and an application. The cover letter and application will be tailored to the specific lot. The Program Guidelines are the same for all Scattered Site lots and each proposal will need EDA approval. As drafted the proposals will show a drawing on the lot of what the builder would do there and once the builder is selected by the EDA then detailed drawings would be submitted for approval. In addition, if the EDA approves the Guidelines staff will have the EDA's Attorney review and will modify as necessary. If the RFP process does not provide sufficient candidates staff will relist the properties to the open market and take proposals on a first come-first serve basis. Copies of these documents were enclosed in the agenda packets. Cartney noted that Schmitt had asked for clarification on the house design requirements to detail whether each item was a requirement of the building code, our City Ordinance, or of this particular project. Those details and a spreadsheet regarding lots sizes and price points were passed out at the meeting to members for discussion. The initial bid process will include the following addresses: 4303 Reservoir Blvd., 4502 Washington St., 4110 6`h St., and 4421 5th St. Cartney stated that RFP's would be sent to three companies that have expressed an interest in the lots, to the Builder's Association, and several other small builders that are familiar to staff. Clark added that staff will also contact other cities to gather additional names of contractors that are doing similar projects in those cities. She explained that depending on the interest and number of bids received, staff may have to expand the marketing of the lots. It is planned to put the initial RFP out there until May to see what response we get. Any bids submitted will be brought back to the EDA for consideration. She explained that the EDA Board will have complete control over what bids/plans they find acceptable. The proposed RFP staff prepared is to set some minimums to give the builders some guidelines so they don't waste their time if they can't meet or exceed all the criteria set by the EDA. Staff recommends approving the RFP and process as presented. Questions from members: Nawrocki thought the suggested minimum price for the lots was too low based on the estimated market values set by Anoka County. Cartney pointed out that the County has a number of lots they are trying to sell, and the selling price of these lots are lower than the estimated market values set by Anoka County also. She said Anoka County is using a Realtor and these selling prices were suggested by him, and this is what staff based their minimum selling price on for the purpose of this RFP. Nawrocki felt a minimum lot price shouldn't be included in the RFP and to just let builders bid on them. Fehst said he thinks the lot price should be a secondary consideration right now. He thought that it may be more important to require a certain priced home instead. He would rather the builders concentrate on constructing a nice house with some style, than to construct a very basic, no frills house because they had to pay too much for the lot. He would like to see as much house as possible be constructed on these lots as he feels they will be more marketable and that they will improve neighborhoods. Fehst didn't have a problem with the minimum lot prices suggested by staff for the RFP. 22 EDA February 6, 2012 Page 5 of 6 Schmitt also thought the minimum lot prices were appropriate and felt there should be some type of a base or we will get a lot of proposals that the EDA won't find acceptable. Schmitt did have some concern about the timeframe stipulated in the RFP. She thought it may not be long enough if the developer has to go through several City meetings prior to starting construction, which she pointed out, could be seasonally affected also. Clark pointed out that without some type of time-frame, the buyers could sit on the lots for years, and never develop them. The goal of the EDA is to get the lots re- developed and back on the tax rolls. After some discussion, it was decided to change the language to state that construction must be complete within 18 months of the purchase. Cartney stated that any deviations from this requirement can be addressed in the development agreement that we enter into with the builder. Peterson asked if a private party could purchase one of the lots. Clark stated there is nothing in the RFP to prevent that, as long as they meet all the requirements and the EDA finds their plans acceptable, we would welcome anyone to develop the lots. Diehm agreed with Fehst's earlier comments and suggested that language be added to encourage builders to be creative with their plans as we are looking for style, as well as the best price we can get. Motion by Diehm, seconded by Williams, to approve the RFP Guidelines (as amended), with the minimum price points, and the process for the sale of Scattered Site lots with the understanding that the EDA may deviate from the stated minimum requirements if the proposal includes significant increases in market value and that language be included that we have the right to reject all offers. Nawrocki wanted to go on record that he opposes the motion as stated because the language of the RFP is not geared to get the best price for the City. Roll call Vote: ayes-Schmitt, Diehm, Peterson, and Williams Nay-Nawrocki MOTION PASSED. 7. ADMINISTRATIVE REPORTS A. Community Development Steering Committee— Clark stated that members can review the memo that was enclosed in the agenda packets regarding the formation of a Community Development Steering Committee to review various Ordinances and policies to determine if modifications are needed. Two areas that have been identified as needing a review are the Sign Ordinance and the Design Guidelines. Staff proposes that the committee be comprised of 1 City Council member, 1 Planning & Zoning Commission member, 1 Staff member, 3 business owners, and 1 resident. This issue will be discussed at a future meeting since this meeting went over the set time-frame allowed. B. 2012-13 Work Plan Clark asked members to review items staff prepared as Work Goals for 2012-2013. The goals are as follows: 1) Reenergize the private market's interest on unsuccessful projects 2) Establish marketing techniques to increase sales of vacant commercial buildings 3) Increased community building and community participation 4) Maintain residential neighborhood health and safety 5) Sale of Parkview Villa North and South 6) Assess financial obligations and new sources of income 23 EDA February 6, 2012 Page 6 of 6 7) Maintain existing service levels within the Department 8) Maintain and increase the viability of the City's commercial businesses 9) Examine future potential redevelopment sites per policies within the Comprehensive Plan These also will be addressed at a future meeting. Clark told members that O'Reilly's Auto Parts have submitted their plans which will be reviewed at the March meeting. The next regular EDA meeting will be Monday,March 5,2012 at City Hall. The meeting was adjourned at 7:30 pm. Respectfully submitted, Shelley Hanson Secretary 24 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING APRIL 3, 2012 7:00 PM DRAFT COPY The meeting was called to order at 7:00 pm by member Tracey Kinney. Commission Members present-Thompson, Peterson, and Kinney. Members Absent: Szurek and Fiorendino Also present were Gary Peterson(Council Liaison), Jeff Sargent(City Planner), and Shelley Hanson(Secretary). Motion by Peterson, seconded by Thompson, to approve the minutes from the meeting of March 6, 2012. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2012-0401 APPLICANT: City of Columbia Heights LOCATION: City wide REQUEST: Zoning Amendment for Precious Metal Dealers Due to an inquiry about precious metal dealers, Staff noticed that the Zoning Code does not specifically address this type of business. The Zoning Code does not define this type of business, nor does it regulate which zoning district such business may locate. By conducting a thorough review of the City's Municipal Code, it was discovered that a precious metal dealer business is licensed in the same category as pawnshops, secondhand / consignment stores and check cashing businesses. Section 5.203 of the City Code defines the purpose of licensing these types of businesses: The City Council of the City of Columbia Heights finds that pawnbrokers, secondhand goods merchants and precious metal dealers potentially provide an opportunity for the concealment of crimes because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers, secondhand goods merchants and precious metal dealers. The purpose of this section is, therefore, to prevent pawnbroking, secondhand goods and precious metal businesses from being used as facilities for commission of crimes and to assure that such businesses comply with the basic consumer protection standards, thereby protecting the public health, safety and general welfare of the residents of the city. At this time, Staff proposes an amendment to the Zoning Code to define"Precious Metal Dealer" and regulate which zoning district it may be located in. In order to be consistent with the licensing procedures already established in the City Code, Staff proposes classifying this type of business in a similar manner as pawnshops, secondhand/ consignment stores and check cashing businesses, with similar regulations and zoning requirements. Zoning Requirements In order to stay consistent with the licensing classification of precious metal dealers, the following zoning requirements are proposed: 25 Planning and Zoning Commission April 3, 2012 Page 2 of 5 1. Shall be allowed in the GB, General Business District only, as a Conditional Use Permit. 2. The use shall be located at least 3,000 feet from all existing precious metal dealers, pawnshops, currency exchanges and secondhand/consignment stores. 3. All receipt, sorting and processing of goods shall occur within a completely enclosed building. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Regulating precious metal dealers would help strengthen viable commercial areas in the City. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Regulating precious metal dealers would help strengthen viable commercial areas in the City. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would apply to all commercial districts throughout 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. Staff recommends approval of the proposed zoning amendment. Questions by members: Thompson asked why the 3,000 ft. distance was established. Sargent explained that distance was set by the City Council and has been part of the Ordinance for the other businesses for quite some time. The reasoning was to try to curtail criminal activity and fencing of goods, and by limiting the number of businesses in the community, helped the Police Department oversee 26 Planning and Zoning Commission April 3, 2012 Page 3 of 5 reports and activity. Thompson asked it the Police Department receives copies of transaction records. Sargent told members, yes, that is a requirement of our License Ordinance and will pertain to both Pawnbrokers and Precious Metal Dealers. Peterson approved of the change to the Ordinance. Motion by Peterson, seconded by Thompson, that the Planning Commission recommends the City Council approve the proposed zoning amendment. All ayes. MOTION PASSED. The following Ordinance will go to the City Council April 9, 2012 for the first reading and the second reading will take place on April 23rd. DRAFT ORDINANCE NO.XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO PRECIOUS METAL DEALERS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. PAWNSHOP. A business establishment operated by a pawnbroker. PRECIOUS METALS. Gold, silver or platinum. PRECIOUS METALS DEALER. Any person, partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand items containing precious metal, including but not limited to jewelry, watches, coins, eating utensils, candlesticks, decorative objects and ingots. PRECIOUS METALS DEALERSHIP. Any business establishment operated by a precious metals dealer. Chapter 9, Article I, Section 9.107(C)(14)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (14) Consignment/secondhand store. 27 Planning and Zoning Commission April 3, 2012 Page 4 of 5 (a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges, and pawnshops and precious metal dealerships. f(b)—(h)shall remain unchanged] Chapter 9,Article I, Section 9.107(C)(15)(a)of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (15) Currency exchange. (a) The use shall be located at least 3,000 feet from all existing currency exchanges, consignment/secondhand stores, and pawnshops and precious metal dealerships. [(b)—(e)shall remain unchanged.] Chapter 9,Article I, Section 9.107(C)(37)(a)of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (37) Pawnshop. (a) The use shall be located at least 3,000 feet from all existing pawnshops, currency exchanges,and consignment/secondhand stores and precious metal dealerships. [(b)—(, shall remain unchanged.] Chapter 9,Article I, Section 9.107(C)(38) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (38) Precious Metal Dealership (a) The use shall be located at least 3,000 feet from all existing precious metal dealerships,pawnshops,currency exchanges and consignment/secondhand stores. (b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. (c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk is prohibited. (e) All receipt, sorting and processing of goods shall occur within a completely enclosed building. [Current Sections 9.107(38)—(51)shall be renumbered accordingly] 28 Planning and Zoning Commission April 3, 2012 Page 5 of 5 Chapter 9, Article I, Section 9.110(E)(3) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.110 COMMERCIAL DISTRICTS (E) GB, General Business District (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (u) Precious metal dealerships. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. NEW BUSINESS No other new business. OTHER BUSINESS Sargent announced that the Local Board of Review will be held in the Council Chambers on Monday, April 9th at 6 pm. The meeting was adjourned at 7:15 pm. Respectfully submitted, Shelley Hanson Secretary 29 CITY COUNCIL LETTER Meeting of April 9, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY Gary Gorman BY:, ° Licenses NO: DATE: April 3, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for April 9, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 30 m L Print Rental Licenses to lv approve by CC 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10004 4846 6TH ST NE Nye, Neil F11501 3313 Belden Drive $ 150.00 St.Anthony, MN 55418 10010 1118 44 1/2 AVE NE Girmay, Estifanos F11581 2150 Int. Speedway Blvd $ 150.00 Daytona Beach, FL 32114 10096 411 40TH AVE NE Ferris, Bradley F11582 9445 Jennifer Court $ 150.00 Chisago City, MN 55013 10103 1434 42ND AVE NE Wilson, Emily F11463 185 Lilac Drive $ 150.00 Lino Lakes, MN 55014 10130 3974 HAYES ST NE Seubert, LLC F11578 3988 Hayes Street NE $ 150.00 Columbia Heights, MN 55421 10132 4409 ARTHUR ST NE Picotte, Ronald F11554 3931 172nd Lane NW $ 150.00 Andover, MN 55304 10155 3817 HAYES ST NE Rutter, Joseph F11630 1827 W. 140th ST $ 150.00 Burnsville, MN 55337 10201 1126 40TH AVE NE Robles, Blanca F11569 4855 4th Street $ 150.00 Columbia Heights, MN 55421 10219 1717 INNSBRUCK PKY NE Jacobus, Dan F11500 2060 Chatsworth Ct. $ 150.00 Roseville, MN 55113 10268 3723 POLK ST NE Sila, Fred F11627 10812 Fillmore ST NE $ 150.00 Blaine, MN 55434 10284 4922 TYLER ST NE Whitney, Erica F11551 159 Oakwood Drive $ 150.00 New Brighton, MN 55112 04/03/2012 12:45 Page 1 31 At ,- Print Rental Licenses to ',° , approve by CC I z iii .. .,ti - ;;;>; _,<"` 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10286 1011 41ST AVE NE Peterson, Karen F11626 4949 6th Street N.E. $ 150.00 Columbia Heights, MN 55421 10288 3741 TYLER ST NE Kian, Gholam F11563 3817 Beard Ave. S. $ 150.00 Minneapolis, MN 55410-1040 12000-NC5037 MADISON ST NE Danko, Andrew F11625 5037 Madison Street $ 150.00 Columbia Heights, MN 55421 12004 5250 WASHINGTON ST NE Wegener, Kimberly F11606 5248 Washington Street $ 150.00 Columbia Heights, MN 55421 12049 3939 TYLER ST NE Levine, Richard F11605 3939 Tyler Street Upper Apt $ 150.00 Columbia Heights, MN 55421 12075 4600 JEFFERSON ST NE Picken, Jennifer F11614 4600 Jefferson Street $ 150.00 Columbia Heights, MN 55421 12108 4660 TAYLOR ST NE Salchow, Cheryl F11592 4662 Taylor Street NE $ 150.00 Columbia Heights, MN 55421 12182 1343 CIRCLE TERRACE BLVD NE Habeck, Chad F10932 4107 Reservior Blvd. $ 150.00 Columbia Heights, MN 55421 12182 1343 CIRCLE TERRACE BLVD NE Habeck, Chad F11607 4107 Reservior Blvd. $ 150.00 Columbia Heights, MN 55421 12187 3935 TYLER ST NE Wilczek, Anthony F11619 3935 Tyler Street $ 150.00 Columbia Heights, MN 55421 20014 666 47 1/2 AVE NE Toussi, Farrokh F11490 3060 Poppler LN $ 150.00 Eagan, MN 55121 04/03/2012 12:45 Page 2 32 .a, zom Print Rental Licenses to e FIRE DEPARTMENT approve by CC 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 20023 3830 3RD ST NE Sule, Titilope F11518 3830 3RD ST NE 3832 3rd Street $ 150.00 Columbia Heights, MN 55421 20074 5109 WASHINGTON ST NE Majewski, John F11628 105 12th Av. N.W. $ 150.00 New Brighton, MN 55112 20088 5232 WASHINGTON ST NE Harlan, Bette F11542C PO Box 120066 $ 150.00 New Brighton, MN 55112 20124 1005 50TH AVE NE Olson, Dean F11631 1775 15th Avenue N.W. $ 150.00 New Brighton, MN 55112 20133 4975 TYLER ST NE Cornelius, Chris F11575 7890 Queensland Ln. N G $ 150.00 Maple Grove, MN 55311 20142 5110 WASHINGTON ST NE Harlan, Bette F11542D PO Box 120066 $ 150.00 New Brighton, MN 55112 20148 4512 WASHINGTON ST NE Clark, Harold F11538 562 38th Avenue N.E. $ 150.00 Columbia Heights, MN 55421 20159 4622 7TH ST NE Gebhardt, Rick F11506 2320 16th Terrace NW $ 150.00 New Brighton, MN 55112 20168 3926 ULYSSES ST NE Sundae, Christina F11613 3926 NE ULYSSES ST 3928 NE Ulysses ST $ 150.00 Columbia Heights, MN 55421 20170 4606 FILLMORE ST NE Cotton, Cynthia F11632 1233 37th Ave $ 150.00 Columbia Heights, MN 55421 20202 4600 JOHNSON ST NE Johnson St. Rentals F11587 4728 Debra Ct. Attn: Tracy Saloka $ 150.00 Shoreview, MN 55126 04/03/2012 12:45 Page 3 33 'ao^a.' Print Rental Licenses to � approve by CC 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 20250 976 44 1/2 AVE NE Lund, James F11615 14035 Hillsboro Court $ 150.00 Savage, MN 55378 20321 3951 POLK ST NE Wrobel, Lisa F11567 3946 Polk Street $ 150.00 Columbia Heights, MN 55421 20322 1745 37TH AVE NE Nelson, James F11513 7500 Susan Lane $ 150.00 Minitrista, MN 55364 20331 4450 TYLER PL NE Mackey, Mark F11593 10305 Birkshire Road $ 150.00 Bloomington, MN 55437 30004 543 40TH AVE NE ART Properties Management F11552 543 40th Avenue 5 $234.00 Columbia Heights, MN 55421 30041 1020 40TH AVE NE Caron, Richard F11618 1020 40th Avenue Apt#3 $ 160.00 Columbia Heights, MN 55421 30055 1400 47TH AVE NE Demetriou, Martha F11510 11159 Holland Circle $410.00 Eden Prairie, MN 55347 30057 1480 47TH AVE NE Modell, Bill F11522 5555 Sylvan Lane $410.00 Excelsior, MN 55331 30106 4458 RESERVOIR BLVD NE Crestview Corporation F11590 4444 Reservoir Blvd. N.E. Attn: Talia Aramalay $974.00 Columbia Heights, MN 55421 30111-N04625 TYLER ST NE Cantlin Lake Properties, LLC F11557 28551 127th St NW $ 160.00 Zimmerman, MN 55398 30115 4615 TYLER ST NE Riverwood Rentals, LLC F11601 2505 Silver Lane $ 160.00 Minneapolis, MN 55421 04/03/2012 12:45 Page 4 34 COLUMBIA HEIGHTS Print Rental Licenses to " 2Da7 FIRE DEPARTMENT In* *I approve by CC 825 41st Avenue N,E,-Columbia Heights,MN 55421-Ph:783-7064156-Fax:763-706-8151 30130 4622 TYLER ST NE Azam, Haji F11556A P.O. Box 11 $211.00 Savage, MN 55378 Total#of Licenses 45 04/03/2012 12:45 Page 5 35 CITY COUNCIL LETTER Meeting of April 9, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY Shelley Hanson DATE: NO: DATE: April 4, 2012 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the April 9,2012 Council meeting. This agenda consists of applications for Contractor licenses for 2012 and a Cigarette Sales License and an Ice Cream Vehicle License. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy foiui 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 April 9, 2012 as presented. COUNCIL ACTION: 36 TO CITY COUNCIL April 9, 2012 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2012 BLDG Steve Hauck Plumbing 16413 Jaspar St NW, Ramsey $60 *Avid Htg & Cooling 7700 County Rd 110 W, Minnetrista $60 Roberts Plumbing Inc. 565 S Oak Dr, Vadnais Hts $60 Reliable Mech 11 137 Stonemill Farms Curve, Woodbury $60 *Metro Testing 31222 Cedar Creek Rd, Hinckley $60 *Centraire Htg &AC 7402 Washington Ave, Eden Pr $60 Kramer Mechanical 7860 Farm Lake Dr, Stacy $60 *Skyline Htg 480 S Skyline Dr, Roberts, WI $60 *Aerotek 34345 Quinton Ave, Center City $60 Central Roofing Co 4550 Main St NE, Mpls $60 Allstate Tree Service 19328 Isetta St, E. Bethel $60 CIGARETTE/TOBACCO Jerusalem Market 4945 Central Ave $300 (pending Police approval) FOOD CATERING/ICE CREAM VEHICLE Nafie Ice Cream 5660 Polk St, Fridley $50 (pending Police approval) 37 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: April 9, 2012 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 142978 through 143159 in the amount of$ 638,631.67. 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Z 0 0 4 a r�) HzUGHHCl I-a ) C) ax000 Cl) a CAzw 0 Fl Q a' a U W P', H C4 0 H H' 00 — N . ,..., ,, , ,00HHHH W P: P; Cn � O P: P H x CA U N a u w w w w 0 0 H O H X a w u H 0 Cl) Z0O000IH a a a a a rxH HOO+ZHZcnw I-a 0 w I-l) O u w ( OZQ0HH00000H0wwHHwZOZ4 4 u 0 x a Z wx n Ougwu ) “UUUUUH0Cl xcnl-) UHUHH 0 [C11 Z U 0 ,--I HLnOO H 0 0 I 0 H Cn\ E E I OON0LNnOdDHHNHMHMHNOMOOOO M ON N O Ud' Q', O H H I H N N N N N N d' d' a' a' a' d' lO lO lO CD IO N N co CO co H 01 X I 0Y1 H COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: April 9, 2012 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 1st Reading of Ordinance 1606,being a BY Jeff Sargent, City Planner BY Zoning Amendment as it Relates to Precious DATE: April 4, 2012 Metal Dealers. BACKGROUND: Due to an inquiry about precious metal dealers, Staff noticed that the Zoning Code does not specifically address this type of business. The Zoning Code does not define this type of business, nor does it regulate which zoning district such business may locate. By conducting a thorough review of the City's Municipal Code,it was discovered that a precious metal dealer business is licensed in the same category as pawnshops, secondhand/consignment stores and check cashing businesses. At this time,Staff proposes an amendment to the Zoning Code to define"Precious Metal Dealer"and regulate which zoning district it may be located in. In order to be consistent with the licensing procedures already established in the City Code,Staff proposes classifying this type of business in a similar manner as pawnshops, secondhand / consignment stores and check cashing businesses, with similar regulations and zoning requirements. In order to stay consistent with the licensing classification of precious metal dealers, Staff recommends allowing these businesses in the GB,General Business District only, as a Conditional Use Permit. Staff also recommends that these uses shall be located at least 3,000 feet from all existing precious metal dealers, pawnshops, currency exchanges and secondhand/consignment stores. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on April 3, 2012. The Planning Commission recommended approval of the Zoning Amendment with a 3-0 vote at the meeting. RECOMMENDED MOTIONS: MOTION: Move to waive the reading of Ordinance No. 1606,there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1606, for Monday, April 23, 2012, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1606(Ft Reading Format), P+Z Report COUNCIL ACTION: 46 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: April 9, 2012 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 1st Reading of Ordinance 1606,being a BY: Jeff Sargent, City Planner BY: Zoning Amendment as it Relates to Precious DATE: April 4, 2012 Metal Dealers. BACKGROUND: Due to an inquiry about precious metal dealers, Staff noticed that the Zoning Code does not specifically address this type of business. The Zoning Code does not define this type of business, nor does it regulate which zoning district such business may locate. By conducting a thorough review of the City's Municipal Code, it was discovered that a precious metal dealer business is licensed in the same category as pawnshops, secondhand/consignment stores and check cashing businesses. At this time, Staff proposes an amendment to the Zoning Code to define"Precious Metal Dealer"and regulate which zoning district it may be located in. In order to be consistent with the licensing procedures already established in the City Code,Staff proposes classifying this type of business in a similar manner as pawnshops, secondhand / consignment stores and check cashing businesses, with similar regulations and zoning requirements. In order to stay consistent with the licensing classification of precious metal dealers, Staff recommends allowing these businesses in the GB, General Business District only, as a Conditional Use Permit. Staff also recommends that these uses shall be located at least 3,000 feet from all existing precious metal dealers, pawnshops, currency exchanges and secondhand /consignment stores. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on April 3, 2012. The Planning Commission recommended approval of the Zoning Amendment with a 3-0 vote at the meeting. RECOMMENDED MOTIONS: MOTION: Move to waive the reading of Ordinance No. 1606,there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1606, for Monday, April 23, 2012, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1606(I'Reading Format), P+Z Report COUNCIL ACTION: 47 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012-0401 DATE: April 3, 2012 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Precious Metal Dealers PREPARED BY: Jeff Sargent, City Planner INTRODUCTION Due to an inquiry about precious metal dealers, Staff noticed that the Zoning Code does not specifically address this type of business. The Zoning Code does not define this type of business, nor does it regulate which zoning district such business may locate. By conducting a thorough review of the City's Municipal Code, it was discovered that a precious metal dealer business is licensed in the same category as pawnshops, secondhand / consignment stores and check cashing businesses. Section 5.203 of the City Code defines the purpose of licensing these types of businesses: The City Council of the City of Columbia Heights finds that pawnbrokers, secondhand goods merchants and precious metal dealers potentially provide an opportunity for the concealment of crimes because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers, secondhand goods merchants and precious metal dealers. The purpose of this section is, therefore, to prevent pawnbroking, secondhand goods and precious metal businesses from being used as facilities for commission of crimes and to assure that such businesses comply with the basic consumer protection standards, thereby protecting the public health, safety and general welfare of the residents of the city. At this time, Staff proposes an amendment to the Zoning Code to define "Precious Metal Dealer" and regulate which zoning district it may be located in. In order to be consistent with the licensing procedures already established in the City Code, Staff proposes classifying this type of business in a similar manner as pawnshops, secondhand / 48 City of Columbia Heights Planning Commission April 3, 2012 City of Columbia Heights, Precious Metal Dealers Case # 2012-0401 consignment stores and check cashing businesses, with similar regulations and zoning requirements. Zoning Requirements In order to stay consistent with the licensing classification of precious metal dealers, the following zoning requirements are proposed: 1. Shall be allowed in the GB, General Business District only, as a Conditional Use Permit. 2. The use shall be located at least 3,000 feet from all existing precious metal dealers, pawnshops, currency exchanges and secondhand / consignment stores. 3. All receipt, sorting and processing of goods shall occur within a completely enclosed building. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Regulating precious metal dealers would help strengthen viable commercial areas in the City. FINDINGS OF FACT Section 9.104(F)of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Regulating precious metal dealers would help strengthen viable commercial areas in the City. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would apply to all commercial districts throughout 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. Page 2 49 City of Columbia Heights Planning Commission April 3, 2012 City of Columbia Heights, Precious Metal Dealers Case # 2012-0401 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 3 50 DRAFT ORDINANCE NO. 1606 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO PRECIOUS METAL DEALERS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. PAWNSHOP. A business establishment operated by a pawnbroker. PRECIOUS METALS. Gold, silver or platinum. PRECIOUS METALS DEALER. Any person, partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand items containing precious metal, including but not limited to jewelry, watches, coins, eating utensils, candlesticks, decorative objects and ingots. PRECIOUS METALS DEALERSHIP. Any business establishment operated by a precious metals dealer. Chapter 9, Article I, Section 9.107 (C)(14)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (14) Consignment/secondhand store. (a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges, and pawnshops and precious metal dealerships. [(b)—(h) shall remain unchanged.] Chapter 9, Article I, Section 9.107 (C)(15)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (15) Currency exchange. (a) The use shall be located at least 3,000 feet from all existing currency exchanges, consignment/secondhand stores, and pawnshops and precious metal dealerships. [(b) —(e) shall remain unchanged.] Chapter 9, Article I, Section 9.107 (C)(37)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (37) Pawnshop. (a) The use shall be located at least 3,000 feet from all existing pawnshops, currency exchanges, and consignment/secondhand stores and precious metal dealerships. [(b)—(f) shall remain unchanged.] Chapter 9, Article I, Section 9.107 (C)(38) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (38) Precious Metal Dealership (a) The use shall be located at least 3,000 feet from all existing precious metal dealerships, pawnshops, currency exchanges and consignment/secondhand stores. (b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. (c) For new construction, at least 30% of the first floor façade along a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk is prohibited. (e) All receipt, sorting and processing of goods shall occur within a completely enclosed building. [Current Sections 9.107 (38) — (51) shall be renumbered accordingly] Chapter 9, Article I, Section 9.110 (E)(3) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS (E) GB, General Business District (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (u) Precious metal dealerships. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 9, 2012 Second Reading: April 23, 2012 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary