HomeMy WebLinkAboutMarch 9, 2009 RegularCITY OF COLUMBIA HEIGHTS
590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692
Visit our website at.° www.cs.colurnlria-h~€~htr.n.us
Mavor
Gary L. Peterson
Councilmembers
Robert d. Williams
Brace Nawrocki
Tammera Diehm
Bruce Kelcenberg
City Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on
Monday, March 09, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, MN.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities.
Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance.
Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Associate Pastor Jeremiah Rice, Oak Hill Baptist Church
2. PLEDGE OF ALLEGIANCE
3. ADDTTIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items
submitted after the agenda preparation deadline.)
4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND
GUESTS
A. Reco ninon
Crest View Senior Communities recipient of the Living Our Mission Award p6
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve minutes ofthe Columbia Hei htg s City Council meetings
MOTION: Move to approve the minutes of the February 23, 2009 City Council meeting pa
MOTION: Move to approve the minutes of the March 2, 2009 Alley Reconstruction p14
Improvement Hearing
MOTION: Move to approve the minutes of the March 2, 2009 Seal Coat Improvement Hearing p16
MOTION: Move to approve the minutes ofthe March 2, 2009 Street Rehabilitation pie
Improvement Hearing
B. A%cept tie titinClteS of the Coluiilbia Hel~hts Boards alld CUI111111SSlorIS
MOTION: Move to accept the January 27, 2009 minutes of the EDA paz
MOTION: Move to accept the February 9, 2009 special minutes ofthe EDA pas
City Council Agenda
Monday, March 09, 2009
Page 2 of 5
MOTION: Move to accept the March 3, 2009 minutes of the Planning and Zoning Commission P36
MOTION: Move to accept the February 3, 2009 minutes of the Library Board psa
C. Approve Gambling Permit Immaculate Conception Church March 29 2009 ps4
MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling
Control Board indicating that the City of Columbia Heights has no objection to a gambling
permit for Immaculate Conception Church to conduct bingo and raffles at an event being held
Sunday, March 29, 2009, at 4030 Jackson Street NE, Columbia Heights; and furthermore, that
the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local_
governing body.
D. Approve application for Three Dimensional Public Artwork Piece to be placed at the new gym
S1teS. p58
MOTION: Move to approve that the committee move forward with the Creative Intersections
Grant application that would award up to $8,000 and that the City of Columbia Heights will
consider matching the funds up to $4,000.
E. Establish a Public Hearing to Consider Alley Li hung ps9
MOTION: Move to establish Monday, April 13, 2009 at '7:00 p.m. as a Public Hearing for
consideration of alley lighting between 5235 and 5241 6th Street.
F. Adopt Resolution No 2009-33 approving plans and specifications and ordering advertisement
for bids for the 2009 Street Rehabilitation and Alley Reconstruction Project p62
MOTION: Move to waive the reading of Resolution No. 2009-33, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2009-33 approving Plans and Specifications and
ordering Advertisement far Bids for 2009 Street Rehabilitation and Alley Reconstruction
Projects, Zone 4, City Project Number 0902.
G. Adopt Resolution 2009-34, being a Resolution declaring the intent to bond for Zone 4 Street
Rehabilitation and Alley Reconstruction projects City Project 0902 p64
MOTION: Move to waive the reading of Resolution No. 2009-34, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2009-34, being a resolution approving the declaration
for the official intent of the City of Columbia Heights to Bond for Zone 4 Street Rehabilitation
and Alley Reconstruction Projects, City Project 0902.
H. Adopt Resolution No. 2009-35 being a Resolution requesting MSAS construction funds for p66
other local transportation uses
MOTION: Move to waive the reading of Resolution No. 2009-35, there being ample copies
available to the public.
MOTION: Move to approve and. adopt Resolution No. 2009-35 requesting M>>nicipal State Aid
System construction funds for other local transportation uses.
I. Authorization to seek bids for the 2009 Miscellaneous_Concrete Replacement and Installation P68
Project
City Council Agenda
Monday, March 09, 2009
Page 3 of S
MOTION: Move to authorize staff to seek bids for the 2009 Miscellaneous Concrete
Replacement and Installation Project.
Adopt Resolution 2009-36 being a resolution to award_ 2009 Street Striping, Resolution 2009-37
being a resolution to award 2009 Crack Sealing and Resolution 2009-38 being; a resolution to
award 2009 Seal Coat P69
MOTION: Move to waive the reading of Resolution No.2009-36, there being ample copies
available to the public.
MOTION: Move to adopt Resolutian No. 2009-36, being a resolution awarding the Joint Powers
Agreement Contract with the City of Coon Rapids for the 2009 Street Striping Project to AAA
Striping, based upon their low, qualified, responsible bid in the amount of $14.50 per gallon for
Street Markings and $75.00 per gallon for Symbol Markings with an estimated cost of $4,000 to
be appropriated from Fund 212-431.90-4000 and $825 to be appropriated from Fund 101-43170-
4000.
MOTION: Move to waive the reading of Resolution No.2009-37, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2009-37, being a resolution awarding the Joint Powers
Agreement Contract with the City of Coon Rapids for the 2009 Crack Sealing Project to
Precision, Inc., based upon their low, qualified, responsible bid in the amount of $0.63 per lineal
foot for crack sealing with an estimated cost of $8,000 to be appropriated from Fund 2 1 2-43 1 90-
4000 and $2,000 to be appropriated from Fund 41 S-S 1001-4000.
MOTION: Move to waive the reading of Resolution No. 2009-38, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2009-38, being a resolution awarding the Joint Powers
Agreement Contract with the City of Coon Rapids for the 2009 Seal Coat Project to Allied
Blacktop Company, based upon their low, qualified, responsible bid in the amount of $2.49 per
gallon of emulsion and $O.S3 per square yard of aggregate with an estimated cost of $26,160 to
be appropriated from Fund 415-50901-5130 and $61,000 to be appropriated from Fund 430-
46323-5130.
K. Adopt the City Pedestrian and Bicycle Mobility Plan P~6
MOTION: Move to adopt the Pedestrian and Bicycle Mobility Pian prepared by the consulting
firm of Bonestroo in accordance with the Blue Cross Blue Shield Active Living Grant
guidelines.
L. Approve professional service agreement for 49TH Avenue Pedestrian Bridgie P79
MOTION: Move to accept the proposal from Bonestroo in the amount of $22,890 for
professional services for the 49th Avenue pedestrian bridge and furthermore, authorize the
Mayor and City Manager to enter into an agreement for the same.
R A,....«,,..~, n. i',, c., r..,, ~ ca~~ ~e r _ onn e~~,i r_~_ ~ 9 P83
~vi.. ~~Nivv~ a i ~.ib,t...~a ety vian~ in the aiTioiirtt of .pG0,9GJ 1Vt OVV Tyli1G Radlos 1Vf~ Pllbllc JJorKs
MOTION: 1°/lcve tc accept the PS1C Grant in the amount of $20,925.27 for the purchase of 800
Mhz radios, and furthermore authorize the Mayor and City Manager to enter into an agreement
for the same,
3
City Council Agenda
Monday, March 09, 2009
Page 4 of S
MOTION: Move to authorize the purchase of one base station and 12 - 800 MHz radios, plus
appurtenances from the State of Minnesota Purchasing Contract in the amount of $26,106.90.
N. Adopt Resolution 2009-3I calling for a Public Hearin on May 11 2009 by the City Council on
the proposed adoption of a modification to the Downtown Central Business p95
District(CBD)Revitalization Plan and the proposed adoption of modification to the Tax
Increment Financing Plan for the Kmart/Central Avenue Tax Increment Financing District A
Renewal and Renovation District (northeast quadrant of 47th and Central)
MOTION: Move to waive reading of Resolution 2009-31 there being ample copies available to
the public.
MOTION: Move to adopt Resolution 2009-31 calling for a Public Hearing on May 11, 2009, by
the City Council on the proposed adoption of a Modification to the Downtown Central Business
(CBD) Revitalization Plan and the Proposed Adoption of a Modification to the the Tax
Increment Financing Plan for the Kmart/Central Avenue Tax Increment Financing District, A
Renewal and Renovation District.
O. Adopt Resolution 2009-32, being a Resolution approving a Conditional Use Permit for a di- ig_tal
LED sign at 4910 Central Avenue p98
MOTION: Move to waive the reading of Resolution 2009-32, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2009-32, approving a Conditional Use Permit for a
digital LED sign for the Sonic Restaurant lacated at 4910 Central Avenue, subject to the
conditions outlined in Resolution No. 2009-32.
P. Approve the Business License Application for Hookah Kingdom Inc pio6
MOTION: Move to approve the Cigarette/Tobacco License for Hookah Kingdom, Inc. located
at 4919 Central Avenue NE, pursuant to applicable standards found in MSA 114.411 to 114.417
and Article III ofthe City Code.
Q. Approve the Business License Applications p117
MOTION: Move to approve the items as listed on the business license agenda for March 9, 2009
as presented.
R. Approve payment of the bills p119
MOTION: Move to approve the payment of the bills out of the proper fund as listed in the
attached register covering Check Number 129378 through Check Number 129533 in the amount
of $714,610.87.
MOTION: Move to approve the Consent Agenda items.
6. I'€3BLIC HEARINGS
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1st Reading of Ordinance 1561 being a Zoning Amendment as it relates to suns in the Design
Overlay District. peas
MOTION: Move to waive the reading of Ordinance No. 1561, being ample copies available to
the public.
4
City Council Agenda
Monday; March 09, 2009
Page 5 of 5
MOTION: Move to set the second reading of Ordinance No. 1561, for Monday, March 23, 2009,
at approximately 7:00 p.m. in the City Council Chambers.
B. Bid Considerations -none
C. Other Business -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. COUNCIL CORNER
11. ADJOURNMENT
,.~~; ` __
Walter R. ehst, City Manager
WF/pvm
Crest View Senior Cammunities Receives hiving Our Mission Award
Crest View Senior Cammunities has been presented the Living Our Mission
Award from the state's largest association of older adult services
professionals.
The Columbia Heights community received the honor at the Aging Services
of Minnesota Institute held earlier this month in Minneapolis.
Crest View was recognized for developing a philosophy of service called
The Ruth Experience -named for a Biblical figure that care for her
mother--in-law Naomi long after the obligation was gene.
Shirley Barnes, the Chief Executive Officer of Crest View, said the Ruth
Experience is effective because it helps the staff show respect for the
residents. "It's not a program," she said. "It's a philosophy and we
want everyone who walks through the door to feel the Ruth Experience.
For the Crest View staff, the Ruth Principle is not an employee-resident
type of relation. It's built around serving the residents and makes them
feel as if they are at home or with their family, according to Barnes.
Ultimately, she said it revolves around making a positive difference in
someone's life.
Far over 40 years, Aging Services of Minnesota has earned its reputation
as a leader in oiler adult services. The members of Aging Services
represer~t the complete continuum of care, including care centers,
assisted living and senior housing with supportive services, independent
senior Dousing and camr~runity-based services.
s
OFFICL~L PROCEEDINGS
CITY OF COLUMBL~ HEIGHTS
CITY COUNCIL MEETING
FEBRUARY 23, 2009
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
February 23, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Rev. Dan Thompson, Senior Pastor, Columbia Heights Assembly of God gave the invocation.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE -recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Nawrocki requested to remove items A, E, H, and L from the Consent Agenda. He requested to add
discussion of Congressman Ellison, 4416-22 Tyler Street, 41.00 Washington Street, Bonestroo
Comprehensive Plan contract, Suburban Rate Authority rate hearings, refuse contract, update on the
public safety building, update on budget changes, and Resolution 2008-303.
Peterson stated. there is an error in the last minutes regarding the job description eliminated in the
Community Development department. The title of Clerk should be Community Development
Secretary II.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Recognition -Charter Commission term fulfillment -Lori Ritzko
Peterson read the certificate of appreciation for Ms. Ritzko's service on the Charter Commission
and thanked her for her service.
B. Proclamation -School Board. recognition
Mayor Peterson read the proclamation. Missy Lee, School Board Chair, was present to accept
the proclamation. Lee accepted the proclamation on behalf of the School Board members and
thanked the City Council for this proclamation. This School Board is all about concern for
children. Fehst stated that it has been a pleasure to work with the School Board and the
Superintendent of School The Councilmembers agreed. Nav:~rocki mentioned that there is a
School Financing Basics: Minnesota's System of School Funding meeting on February 26th at
the School District Center.
CONSENT AGENDA
City Manager Walt Fehst took Councilmembers through the consent agenda items:
A. Approve minutes of the February 9, 2009 City Council meeting -removed
B. Accept minutes of the Columbia Heights Boards and Commissions
IVlotion to accept the January 16, 2009 minutes of the Charter Commission.
C. Approve Raffle, Little Voyageurs° Montessori School. St. Timothy's Church
Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control
Board indicating that the City of Columbia Heights has no objection to a raffle event to be
conducted by Little voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st
City Council Minutes
Monday, February 23, 2009
Page 2 of 6
Avenue, Columbia Heights, on Apri124, 2009; and furthermore, that the City of Columbia
Heights hereby waives the remainder of the thirty-day notice to the local governing body.
D. Approve Raffle, SACA., to be held at Murzyn Hall
Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control
Board indicating that the City of Columbia Heights has no objection to bingo activities to be
conducted by Southern Anoka Community Assistance (SACA) at Murzyn Hali, 530 Mill Street,
Columbia Heights, Minnesota, on March 24, 2009 and September 12, 2009. Also, that the
investigation fee of $25 be waived; and furthermore, that the City of Columbia Heights hereby
waives the remainder of the thirty-day notice to the local governing body.
E. Approve Sale of CERT Radios; Proceeds to be used for Purchase of In-Car Recording Devices -
removed
F. Request Approval for Landing of MN National Guard Helicopter on March 19 2009
Motion to approve the landing and take-off of a Minnesota National Guard helicopter as part of
the DARE program on March 19, 2009 at Highland Elementary School, 1500 49th Avenue, at
10:00 am, and at Immaculate Conception School, 4030 Jackson Street, at 1:00 pm.
G. Authorize payment of $20,203.25 to Anoka County for administering the 2008 Tax Increment
Financing Laws of Minnesota Truth in Taxation, and Special Assessments
Motion to authorize payment of $20,203.25 to Anoka County for administering the 2008 Tax
Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with
expenses being charged to the TIF Debt Services Fund and the General Fund.
Fehst stated this is a yearly expense that was recently renegotiated.
H. Adopt Resolution No. 2009-27, being a Resolution accepting a certain donation -removed
L Approval of the attached list of rental housing license applications.
Motion to approve the items listed for rental housing license applications for February 23, 2009.
J. Approve license to operate a rental ~roperty at 3947 Arthur Street N.E. as requirements of the
Property Maintenance Code has been resolved
Motion to issue arental-housing license to Ramon Segundo to operate the rental property located
at 3947 Arthur Street N.E. in that the provisions of the Property Maintenance Code have been
complied with.
K. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for February 23, 2009 as
presented.
L. Approve ~ayment of the bills -removed
Motion by Nawrocki, second by Kelzenberg, to approve the Consent Agenda items with the
exception of items A, E, H, and L. Upon vote: All Ayes. Motion carried.
Items removed from. the Consent Agenda for discussion:
A. Approve minutes of the February 9.2009 City Council meeting_
City Council Minutes
Monday, February 23, 2009
Page 3 of 6
Nawrocki stated that his comment asking how many times the Mayor and City Manager
interrupted him was not included.
Nawrocki again read his statement first given at the January l2, 2009 City Council meeting
thanking the public for their vote and listing his concerns regarding expenditures and staff
information given and asked that it be included in the minutes of February 9`", as he also read it at
that meeting. Fehst called for point of order. Roberts Rules of Order were discussed. Diehm
suggested noting Nawrocki's dissatisfaction. The suggestion of Rules of Decorum from another
community was mentioned.
The term clerk, in reference to the Community Development position, should have stated
Secretary lI.
Motion by Diehm and second by Kelzenberg to approve the minutes of the February 9, 2009
City Council meeting as corrected. Upon vote: All ayes. Motion carried.
E. Approve Sale of CERT Radios• Proceeds to be used for Purchase of In-Car Recording Devices
Nawrocki asked if the CERT program has ended. Fehst stated that due to lack of funds, it has
been suspended. Nawrocki pointed out that this is in addition to the budget.
Motion by Diehm, second by Williams, to approve the sale of eight radios and a charger
purchased by the Columbia Heights Police Department to North Memorial for $8,000, with the
proceeds of the sale directed to the Police Department for the purchase of in-car recording
devices for squad cars. Upon vote: All Ayes. Motion carried.
H. Adopt Resolution No. 2009-27, being a Resolution accepting a certain donation
Nawrocki read the council letter attached to the resolution. State Statute requires donations be
accepted by the City Council. He indicated his long ties with the Library and his wish to donate
$388.44 to the Library for replacement of carpet in the children's area. Nawrocki read resolution
No. 2009-27. He has made the first $100 contribution for the public safety statue.
Councihnembers discussed motivations for participating in the salary return and donations.
Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2009-27, being a Resolution
accepting a certain donation received by the City of Columbia Heights.
Discussion continued,
Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, abstain. 4 ayes
- 1 abstention. Motion carried.
Peterson indicated that he abstained as this was a grandstand. play and could. have been handled.
quietly.
L. Approve payment of the bi}ls -removed
Diehm asked the City Attorney if CouriciitYiciri'oer `vdiiiiams e~eeded io abstain. from the vote on
the bill list because of the Auto `Norld payment, understanding that he could not vote on the
contract. City Attorney Jim Hoeft stated that Councilrnember Williams would not be prohibited
from this vote.
10
City Council Minutes
Monday, February 23, 2009
Page 4 of 6
Motion by Diehm, second by Kelzenberg, to approve the payment of the bills out of the proper
fund as listed in the attached register covering Check Number 129228 through Check Number
129377 in the amount of $654,548.87.
Nawrocki stated that his conversation with the League of Minnesota Cities indicated. their
disagreement and asked for a clarification from the Auditor.
Williams indicated that he, personally, had nothing to do with this contract.
Upon vote: All Ayes. Motion carried.
PUBLIC HEARINGS
ITEMS FOR CONSIDERATION -none
ADMINISTRATIVE REPORTS
Report of the City Manager
Nawrocki gave a follow up on his contact with Representative Ellison's office to obtain funding for
the public safety building. The federal stimulus package will not be helpful for this project.
Nawrocki relayed resident concerns regarding conduct of residents at 4616-4622 Tyler. Fehst stated
that staff will bring forward information on repeat nuisance call service fees for Council review.
Hoeft stated that would not include domestic abuse calls or medical calls.
Nawrocki questioned if there was consideration for a halfway house at 4100 Washington. Staff will
research this.
Nawrocki questioned. the Bonestroo payment above the contract amount. Fehst stated that he
approved the payment.
Nawrocki indicated that the Suburban Rate Authority rate hearings are underway and referred to
concerns about power outages in communities. Nawrocki requested a copy of the refuse contract and
any addendums to it.
Fehst gave an update on budget changes and referred to a very good article in Sunday's Star Tribune
on our budget reductions. Nawrocki requested revised budget documents. Fehst indicated that the list
was distributed at the last meeting. Discussion carried on. Diehm called Point of Grder.
Nawrocki indicated he did not receive the expenses for the Council members attendance at last year's
National League of Cities Conference. He stated his concerns regarding the TIF expansion
legislation bill Fehst stated that it was a consensus of the EDA that this is a worthwhile endeavor.
Nawrocki requested a copy of the bill.
Nawrocki stated that Resolution 2008-303, salary increases for part time employees, was not put into
effect. It should be brought back to Council for reconsideration.
Fehst indicated the 8:00 p.m., March 2 work session items: Art sculpture at the new gymnasium, bike
/pedestrian mobility plan, public safety grant for 800 mhz radio system for public works, changes to
property maintenance inspections, fire department service charges, repeat nuisance call service fees,
fire fighters contract, and board and commission appointments. There are three public improvement
11
City Council Minutes
Monday, February 23, 2009
Page 5 of 6
hearings at 6:30, 7:00, and 7:30 p.m.
Diehm requested that the rules of decorum sent by our neighboring community be considered at an
upcoming work session.
Report of the City Attorney -nothing to report
CITIZENS FORUM
Jeff Diehm, 5125 St. Moritz, stated that he was stunned by the way things deteriorated during this
meeting. We have more important things to focus an than interruption accusations. We need to be
proactive rather than throwing pot shots. Diehm applauded council members that support our employees.
Donna Schmitt, 4260 Tyler Street, presented a four page list of possible ideas for budget cuts in 2009.
Peterson thanked her and asked for a copy to discuss at an upcoming work session. Schmitt indicated
that she would have liked to have been more exact, but the budget is not available on-line.
COUl®1CII, CORNER
Kelzenberg
• Read a letter from the City of St. Anthony to our fire department -thanking them for their
help in an emergency call.
Williams
Feels bad about the layoff of Cher Bakken, a nine year employee. Thankful for the great
police department we have.
The Mayor held a news conference for the police and fire bronze tribute statue to be paid for
without tax dollars. Described the commemorative coin, brick and cornerstone sale.
Encouraged everyone to get involved. Peterson stated that this is a tribute to the past, present,
and future public service officers.
Diehm
• Commended the Mayor for putting this fund raiser together. People outside of the community
are commenting positively on this. The community needs something to rally around. The new
gym would be a good way to volunteer and become involved in the community.
• Attended the SAGA fundraising spaghetti dinner. It was well attended. People rely on our
food shelf and we need to help our neighbors.
Nawrocki
Diehm
• Appreciates the budget information changes made in the newsletter.
• Requested copies of the last two utility rate changes, as their impact is under estimated.
• The Columbia Heights VFW Post #230 collects Sunday newspaper coupons to send overseas
to our military personnel. They get an extra six months to redeem them at places like their
commissaries and on their bases. The Post has distributed over 2 million coupons.
• Regarding Mr. Diehrn's comments -appreciates that he takes his time to express himself.
At the last meeting a 9t" grade student left before being introduced. The teacher is
encouraging students to attend. We need to be careful because we want them to be leaders
and. they should be able to follow by example.
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City Council Minutes
Monday, February 23, 2009
Page 6 of 6
Peterson
• We will enforce the rule that if anything is added to the agenda, it must be voted on by the
council. Additional items should be placed on the agenda prior to the meeting.
• Stated his opinion that there should be respect shown by all at these meetings.
• March 21st is the fundraiser for the "Always On Guard" tribute statue. This will be completed
with all donations and volunteer work.
• Don't take ourselves too seriously and do a random act of kindness.
ADJOURIVT~I[ENT
Mayor Peterson adjourned the meeting at 8:5? p.m.
Patricia Muscovitz CMC
City Clerk
RESOLUTION N0.2009-27
ACCEPT CERTAIN DONATION RECEIVED BY THE CITY OF COLUMBIA HEIGHTS
WHEREAS, the City of Columbia Heights Library has need to replace badly deteriorated carpeting in the activity room of its
facility, which can no longer be cleaned, and therefore presents a potential health hazard to patrons using the room; and
WHEREAS, the library has received a bid for replacement of said carpet in the amount of $333.00; and
WHEREAS, Councilmember Bruce Nawrocki has expressed his desire to pledge the amount of $388.44 to the City to pay for this
carpet replacement in accordance with Minnesota Statute 465.03; and
WHEREAS, the City of Columbia Heights acknowledges this pledged donation;
BE IT HEEREBY RESOLVED by the City Council of the City of Columbia Heights that the City of Columbia Heights accepts
this donation.
13
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL
PUBLIC IlVII'ROVEMENT HEARING
MARCH 2, 2009
The following are the minutes for the Public Improvement Hearing of the City Council held at 6:30
p.m. on Monday, March 2, 2009 in the City Council Chamber, City Hall, 590 40`" Avenue NE,
Columbia Heights, MN.
CALL TO ORDER/ROLL CALL
Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm,
Councilmember Kelzenberg
Absent: Councilmember Williams,
PUBLIC IlVIPROVEMENT HEARING: 2009 ALLEY RECONSTRUCTION PROGRAM
FOR ZONE 4
A) Alley Reconstruction Project
1) Presentation of Information on Alley Reconstruction Project by Staff
Kevin Hansen, Public Works Director, stated this is located west of Central Avenue
between 49`" and 50`" and will replace the water main. This would be reconstructed
with bituminous, but concrete bids will also be taken. It would include a new fence and
curb and gutter. Hansen has spoken to the property owners and they all agree with the
project. A composite cedar fence was suggested. Bids will be taken on composite and
cedar fencing.
Nawrocki stated that the area behind Taco Bell has already been paved. Hansen
indicated the location. Concrete costs would be 25-30 percent higher than bituminous.
2) Questions and Comments on Alley Reconstruction Project -none
B) Close the Public Hearin
Peterson closed the Public Hearing of the 2009 Alley Reconstruction Project #0902.
C} Consideration of Resolution
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No.
2009-28, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-28, being a
resolution ordering improvements for Zone 4 Alley Reconstruction and allowing for
alternate bids as well. Upon vote: All ayes. Motion carried.
Nawrocki suggested these public improvement hearings be held in conjunction with a
regular City Council meeting.
ADJOURNZVIENT
Mayor Peterson adjourned the meeting at 6:36 p.m.
Patricia Muscovitz CMC City Clerk
14
RESOLUTION 2009-28
BEING A RESOLUTION ORDERING IMPROVEMENT AND THE PREPARATION OF PLANS FOR ZONE 4
ALLEY RECONSTRUCTION CITY PROJECT 0902
WHEREAS, Resolution 2009-25 of the Columbia Heights City Council adopted the 9th day of February, 2009, fixed a date
for a Council hearing on the proposed improvement bounded by University Avenue on the west, 48th Avenue on the south,
Central Avenue on the east and 53`d Avenue on the north,
AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the
hearing was held thereon the 2"d day of March, 2009, at which all persons desiring to be heard were given an opportunity
to be heard thereon.
WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by
special assessments under Charter provisions.
NOW THEREFORE, BE IT RESOLVED BY THE COUfiICIL OF THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA:
1. That the location and extent of such improvements is as follows:
FULL ALLEY RECONSTRUCTION -Jackson Street to Central Avenue from 49th Avenue to 50th Avenue
Work includes required utility reconstruction, required water service repair, new granular subbase if needed,
new aggregate base, new concrete curb and gutter with alley apron, new bituminous or concrete surfacing,
new fence, required bituminous parking lot restoration, sod restoration, miscellaneous construction items,
and appurtenances.
2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report.
3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 9th day of February, 2009.
4. These improvements shall also be known as Project 0902 and PIR 2009-Z4-OS-001 for Full Alley
Reconstruction.
5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall
prepare plans and specifications for the making of such improvement.
15
OFFICL4L PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL
PUBLIC IMPROVEMENT HEARING
IVl[ARCH 2, 2009
The following are the minutes of the Public Improvement Hearing of the City Council held at 7:00 p.m. on
Monday, March 2, 2009 in the City Council Chamber, City Hall, 590 40t" Avenue NE,
Columbia Heights, MN.
CALL TO ORDER/ROLL CALL
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
PUBLIC IMPROVEMENT HEARIl~TG: 2009 SEAL COAT IMPROVEMENT PROGRAM
A) Street Seal Coat Project
1) Presentation of Information on Seal Coat Project by Staff
Kevin Hansen, Public Works Director, stated the 2009 program is sequential, being alt of the
streets in Zone 3. He referred to the map to indicate the streets included. The city will pay for
most of the streets as it is their first seal coat under the street rehabilitation program. He listed
the streets to be assessed. 1t will be typical emulsion with trap rock.
Williams asked if the city helps with the cost, because of the tough economic times. Hansen
stated that we do not. Williams questioned delaying the seal coating. Hansen stated it should be
completed. every 6 to 10 years. We do it every 8 years. The theory is to seal coat two or three
times before major reconstruction, with crack sealant in the off years. Williams questioned not
seal coating this year and completing two areas next year. Hansen stated that the first seal coat is
the most important after reconstruction.
Peterson stated that Khyber Lane was held back a year because of some drainage problems and
the request for an easement.
Nawrocki questioned the North Upland Crest and Buchanan assessments, which Hansen
addressed. Nawrocki referred to sunken manholes and asked if they will be raised. Hansen stated
that there is a list of manholes to be raised. Nawrocki referred. to areas that look like the work
was stopped and started that should be looked at. Nawrocki asked if in l C there are street or
avenue assessments. Hansen stated this follows other lot/block styles.
2) Questions and Comments on Seal Coat Project -none
B) Close the Public Hearin
Mayor Peterson closed the Public Hearing of the 2009 Street Seal Coat, Project 0901.
C} Consideration of Resolution
Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2009-29, there
being ample copies available to the public. Upon vote: All ayes.:~otion ..arri~d.
Motion by Nawrocki, second by Williams, to adapt Resolution No. 2009-29, being a resolution
ordering improvements, Upon vote: All ayes. Mohan carried.
16
ADJO~NT
Mayor Peterson adjourned the meeting at 7:1.2 p.m.
Patricia Museovitz CMC City Clerk
RESOLUTION N0.2009-29
BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR ZONE IC AND 3B SEAL
COATING CITY PROTECT 0901
WHEREAS, pursuant to Resolution 2009-03, adopted by the City Council on January 12`", 2009, fixed a date for a Council hearing
on the proposed improvements in the Zone 1C area bounded by Central Avenue and Taylor Street from 45`" Avenue to 47`" Avenue,
Zone 3B area bounded by Central Avenue and. Stinson Boulevard from 49`" Avenue/Fairway Drive to North Corporate Limit, Stinson
Boulevard from 45`" Avenue to Cul-de-sac, and Khyber Lane,
AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was
held thereon the 2"d day of March, 2009, at which all persons desiring to be heard were given an opportunity to be heard thereon,
WHEREAS, the Council determines to proceed with this local. improvement, a portion of the cost being defrayed by special
assessments under Charter provisions,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA:
That the location and extent of such improvements is as follows:
Tyler Street 45`" Avenue to 47`" Avenue
Polk Street 45`" Avenue to 47`" Avenue
46`" Avenue Central Avenue to Taylor Street
Central Avenue Frontage Road South of 50`" Avenue to 5 ] 5` Court
515f Court Frontage Road to Central Avenue
North Upland Crest Pennine Pass to Stinson Boulevard
Stinson Boulevard 45`" Avenue to Cul-de-sac
Khyber Lane Fillmore Street to Cul-de-sac
Work includes spot concrete curb and gutter replacement, edge milling, bituminous surface patching
and seal coat application.
2. Such improvement is necessary, cost-effective and feasible as detailed in the feasibility report.
3. Such improvement is hereby ordered as proposed in the Council Resolution adopted l2`" day of
January, 2009.
4. These improvements shall also be known as Project No. 0901. and PIR: 2009-Z1-O1-001 and
2009-Z3-O1-001.
5. Tlie City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement.
The engineer shall prepare plans and specifications for the making of such improvement.
T7
OFFICIAL PROCEEDINGS
CITY OF COL IA HEIGHTS
CITY COUNCIL
PUBLIC IlVIPROVEMENT HEARING
MARCH 2, 2009
The following are the minutes for the Public Improvement Hearing of the City Council held
at 7:30 p.m. on Monday, March 2, 2009 in the City Council Chamber, City Nall, 590 40`" Avenue NE,
Columbia Heights, MN.
CALL TO ORDER/ROLL CALL
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
PUBLIC IMPROVEMENT HEARING: 2009 STREET REHABILITATION PROGRAM FOR
ZONE 4
A) Street Rehabilitation Projects
1) Presentation of Information on Street Rehabilitation Projects by Staff
Kevin Hansen, Public Works Director, reviewed the packet given to Councilmembers. There was
a public information meeting held on February 19, 2009. The Zone 4 work area was listed. This
area will require the least amount of work in the entire ten year program, because they are in good
shape. Only 5`" Street is recommended for total reconstruction and three streets for mill and
overlay. One water main has lead joints, from the 1950's, and is recommended for replacement.
There is one water line recommended for cleaning only. The action tonight is to proceed with the
improvements, not to set the interest rate. That is done in the fall based on actual construction
costs. Hansen asked that the Council consider a sidewalk on 7`" from 52°d to 53`d, which would
not be funded from assessments.
Nawrocki stated that at the informational meeting sidewalk funds were questioned and suggested
other project costs be reduced. instead. Hansen stated that it is not additional money, but would be
taken from the infrastructure fund. The basis of this is the mobility plan.
2) Questions and Comments on Street Rehabilitation Projects
Bill Goetz, 5234 7t" Street, stated that he has a petition against the sidewalk, which he presented to
the City Clerk, from twelve people opposing installation of a sidewalk on the west side of 7`"
Street from 52°d Avenue to 53r~ Avenue.
Diehm asked the reason for their opposition. Goetz stated that it would have to be shoveled and
liability issues are their reasons for not wanting the sidewalk.
Charlie Kewatt, corner of 48t" and Jefferson, asked the criteria for the overlay. Hansen indicated
the Three techniques to evaluate the street. They do test holes, test rate the streets for strength, and
count the cracks. Kewatt indicated that the road is not rough.
Jackie Podanie; 4959 5`" Street, stated that the residents can not afford this assessment and asked
why resident taxes do not pay for this work. People in Fridley had the same work done with wider
lots and their total cost is $1,500. We do not want this to proceed, we can not afford this. She also
had a list of people on the block opposed to this. Podanie presented. a petition from some of the
t8
residents in the area to not proceed with the project
.lulie McCray, 4951 Stn Street asked if this meeting was the final decision. Hansen stated the
purpose of this hearing is for the Council to hear information on the proposal and comments from
the public, The Council will either decide to move forward or request more information. She asked
why the work is being suggested. Hansen stated because the testing indicates it is necessary, and
the water main is from 1920 and has lead joints and has had many water breaks. Hansen stated that
the city does pay one-half of the street reconstruction cost. With full reconstruction the cost is
spread over 1 S years. Hansen stated is by unit rate and all. residential units pay the same. Hansen
answered questions about the service lines and curb stops. Hansen stated that Podanie's cost
would be higher because of water service issues. Diehm stated that by State law we have to
replace lead lines. Hansen stated that when noticing the owners we have to include possible costs
for lead lines. Residents can pay any or all of the assessment in the fall, with the remaining
balance being spread over 15 years. Assessments were noticed at 7.5 percent. Diehm stated that it
the past the assessment has been at the rate the city pays. We can only assess no more than the
amount noticed. McCray asked how long they could be without water. Hansen stated. about four
hours. Fehst stated that the water main in the street is paid by the city.
Bill Goetz commented again that he does not see the need for a sidewalk.
Bev Murphy, 5244 7th Street, asked if the sidewa& would still be considered. Peterson stated that
he personally would like to see the city more walker friendly.
B} Close the Public Hearin
Mayor Peterson closed. the Public Hearing of the 2009 Street Rehabilitation Project #0902.
Peterson asked if this resolution locks us in to the project. Hansen stated that if the bid was
higher than estimated we would have to rehear the project. Diehm asked if we can reject the
project. Hansen stated yes, bids can be rejected. Peterson stated that if everyone signed against
the sidewalk it would be folly to put it in, but we have had people come back and thank us for
putting them in.
Williams asked if this would affect the bike proposal. Hansen stated no, sidewalks could still be
considered at a future time. Peterson stated that we could strip the street.
C) Consideration of Resolution
Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2009-30,
with the removal of language dealing with sidewalk be removed, there being ample copies
available to the public. Upon vote: All ayes. Motion. carried.
Motion by Nawrocki, second by Williams, to adopt Resolution No. 2009-30, being a resolution
ordering improvements for Zone 4 Street Rehabilitation. Upon vote: All ayes. Motion carried.
ADJOUY2NrMENT
Mayor Peterson adjourned the meeting at 8:13 p.m.
Fehst stated that major road reconstruction will begin on University Avenue in one month.
Patricia Muscovitz CMC City Clerk
19
RESOLUTION 2009-30
BEING A RESOLUTION ORDERING IMPROVEMENT AND THE PREPARATION OF PLANS FOR ZONE 4 STREET
REHABILITIATION CITY PROJECT 0902
WHEREAS, Resolution 2009-02 of the Columbia Heights City Council adopted the 12`" day of January, 2009, fixed a date for a
Council hearing on the proposed improvement bounded by University Avenue on the west, 48t" Avenue on the south, Central Avenue
on the east and 53`d Avenue on the north,
AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was
held thereon the 2"a day of March, 2009, at which all persons desiring to be heard were given an opportunity to be heard thereon.
WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special
assessments under Charter provisions.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA:
1. That the location and extent of such improvements is as follows:
FULL STREET RECONSTRUCTION
1. 5`" Street, 49`" Avenue to 50`" Avenue
Work includes required utility reconstruction/repair, required water service replacement/repair, new granular subbase if
needed, new aggregate base, new concrete curb and gutter with driveway aprons, new bituminous surfacing, required
concrete or bituminous driveway and walk/step replacement, sod restoration, miscellaneous construction items, and
appurtenances.
MILL AND OVERLAY
1. 7`" Street, 52"d Avenue to 53`d Avenue
2. 48`" Avenue, Jefferson Street to Monroe Street
3. 50`" Avenue, Jefferson Street to Monroe Street
4. 5151 Avenue, 6`" Street to 7`" Street
Work includes required utility reconstruction/repair, spot replacement of curb and gutter with required concrete or
bituminous driveway and walk/step replacement, milling of existing street surface, new bituminous surfacing, sod
restoration, miscellaneous construction items, and appurtenances.
WATER SERVICE REPLACEMENT/REPAIR
1. 5`" Street, 48t" Avenue to 49`" Avenue
Work includes documenting the material type of water services and operability of stop boxes, required water
service replacement/repair, spot replacement of curb and gutter with required concrete or bituminous driveway and
walk/step replacement, sod restoration, miscellaneous construction items, and appurtenances.
2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report.
3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 12`" day of January, 2009.
4. These improvements shall also be known as Project 0902 and PIRs:
2009-Z4-02-001. for Fuli Street Reconstruction,
2009-Z4-44-001 for Mill and Overlay, and
2009-Z4-50-001 for Water Service Exploration.
5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall
prepare plans and specifications for the making of such improvement.
20
ECONOMIC DEVELOPMENT AUTHC3RITY (EDA}
REGULAR MEETING MINUTES
JANUARY 27, 2009
CALL TO ORDER/ROLL CALL
The meeting was called to order at 8:52 p.m.
OATH OF OFFICE
Clark administered the Oath of Office to Nawrocki, Williams, and Peterson.
Present: Garr I... Peterson, Bobby L^,!illiams, Bruce I`latiAirocki, Tammera Diehm, Gerry
Herringer and Bruce Kelzenberg
Absent- Marlaine Szurek
City Staff- Executive Director-Walter R. Fehst, Deputy Executive Director-Scott Clark,
Assistant Community Development Director-Sheila Cartney and Community
Development Secretary-Cher Bakken.
PLEDGE OF ALLEGIANCE
ELECTION OF OFFICERS
Motion by Diehm, second by Kelzenberg, to keep the same officers as last year, which
were Peterson for President, Szurek as Vice President and Kelzenberg as
Secretary/Treasurer. All ayes. Motion carried.
CONSENT AGENDA
Approve Minutes of September 23 and December 8, 2008 regutar meetings and
the_Financial Report and Payment of Bills for the months of September, October,
November and December on Resolution 2009-01
Herringer asked what the two checks to Bonestroo were far. Clark stated they are
payments for their services on the Comprehensive Plan.
Nawrocki stated his concern was that the contract only has approximately $3, 000 left in
it and it was to include the document, resident meetings, and other things that they
haven't seen yet. Clark stated atone the Council work sessions in February they wouid
be provided with a memo asking for council to choose either March 4 or March 19 to
have a joint meeting between the City Council, Planning Commission and hwiting the
public to discuss the status of the plan.
Resident Donna Schmidt asked if it could be broadcast from the City Council Chambers
and run on the cable channel. Peterson directed staff to make the arrangements.
Motion by Diehm, second by Kelzenberg, to approve the consent agenda. All ayes.
Motion Carried.
EDA RasoL~,°TtoN zQOS-o~
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROV/NG
THE FINANCIAL STATEMENT FOR SEPTEMBER, OCTOBER, NOVEMBER AND DECEMBER 2008 AND
PAYMENT OF BILLS FOR THE MONTHS OF SEPTEMBER, OCTOBER, NOVEMBER AND DECEMBER 2008.
WHEREAS, the Columbia Heights Economic Deve/opment~~Vuthority (EDA) is required by Minnesota Statutes
Economic Development Authority Meeting Minutes
3anuary 27, 2009
Page 2 of 7
Section 469.098, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements,
their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and
assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if
correct, to approve them by resolution and enter the resolution in its records; and
WHEREAS, the financial statement far the months of September, October, November and December 2008 and the
list of bills for the months of September, pcfober, November and December 2008 are attached hereto and made a
part of this resolution; and
lRrHEREAS, the EDA has examined the financia! statement and the list of bills and finds them to be acceptable as to
both form and accuracy.
NOW, THEREFORE BE -T RESOLVED by the Board of Commissioners of the Columbia Heights Economic
Development Authority that it has examined the attached frnancia! statements and list of bills, which are attached
hereto and made a part hereof, and they are found to be correct, as to farm and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as
presented in writing are approved for payment out of proper funds; and
SE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the
Columbia Heights Economic Development Authority.
BUSINESS ITEMS
Resolution 2009-02, Rehab Incentive and Single-Family Home Deferred Loan
Program Funding
Sheila Cartney stated she would like to present items five and six together, as they are
both contracts with GMHC.
Cartney stated Item five is for the programs GMHC administers for us. The frrst one is
the Rehab Incentive program where you can receive a rebate of up to 1 D, 12 or 15% of
the project cost refunded, which we are looking at funding with $35, 000. The second
program is the Single-Family Home Deferred Loan Program, which is a low interest rate
loan for residents that do exterior home improvements. We are looking to fund this
program with $50, 000.
Item number six is for the Consulting Services Agreement with GMHC, which is funding
to administer the programs for us. The cost of this service is $15, 000, which would
come out of the same 408 fund.
Nawrocki asked, if the cost of the programs are the same as last year. Ca-tney stated
they are asking to increase the Rehab Incentive Program from $30, 000 to $35, 000 and
the Single-Family Deferred Hame Loan from $45, 000 to $50, 000. Bofh of these
increases are being requested as the funds were used up before the year was out.
Motion by Kelzenberg, second by Nawrocki, to waive the reading of Resolution 2009-
02, there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Kelzenberg, second by Williams, to Adopt Resolution 2009-02, a Resolution
Approving Funding for the Rehab Incentive Program ($50,000} and the Single-Family
Home Deferred Laan Program (SEND} ($35,000} to the Greater Metropolitan Housing
Corporation (GMHC}. Ail ayes. Motion Carried.
22
Economic Development Authority Meeting Minutes
January 27, 2Q09
Page 3 of 7
EDA RESOLUTION NO. 2009-02
A RESOLUTION APPROVING FUNDING FOR THE REHAB INGENTIVE PROGRAM ($50,000) AND THE SINGLE-
FAMILYHOME DEFERRED LOAN PROGRAM (SFHD) ($35,000) TO THE GREATER METROPOLITAN HOUSING
CORPORATION (GMHC)
WHEREAS, fhe Columbia Heights Economic Development Authority (EDA) through its Comprehensive Plan has
established as a goal the preservation of the single-family housing stock.
WHEREAS, the EDA approved the Housing Maintenance Plan 2008-2017 to improve and maintain the residential
homestead housing stock.
WHEREAS, the Greater Metropolitan Housing Corporation has agreed to provide consulting services.
WHEREAS, the Greater Metropolitan Housing Corporation has provided housing preservation services since 2002.
THEREFORE, 8E IT RESOLVED, that the EDA allocates $50,000 for the Rehab Incentive Program and $35,000 for
the Single-Fatuity Home Deferred Loan Program to fhe Greater Metropolitan Housing Corporation from Fund 408 -
EDA Housing Maintenance Funding.
Resoiution 20435-03, 2009 Cansuitir:g Services Agreement with UlIAHC
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution of 2009-
03, there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2009-03, Approving the
2009 Consultant Services Agreement with the Greater Metropolitan Housing
Corporation (GMHC), and appropriating $15,000 from Fund 408-EDA Housing
Maintenance for the same; and furthermore, to authorize the President and Executive
Director to enter into an agreement for the same. All ayes. Motion Carried.
EDA RESOLUTION NO. 2009-03
A RESOLUTION APPROVING THE 2009 CONSULTANT SERVICES AGREEMENT WITH THE GREATER
METROPOLITAN HOUSING CORPORATION (GMHC) AND APPROPRIATING $15,000 FROM FUND 408 -EDA
HOUSING MAINTENANCE FUND FOR THE SAME.
WHEREAS, the Greater Metropolitan Housing Corporation (GMHC) has agreed to provide consulting services.
WHEREAS, the Columbia Heights Economic Development Authority through its Comprehensive Plan has
established as a goat the preservation of the single-family housing stock.
WHEREAS, fhe Greater Metropolitan Housing Corporation has provided housing preservation services since 2002.
WHEREAS, the residents Dave found these services to be a significant assistance to help preserve and maintain
their homes.
THEREFORE, BE lT RESOLVED, that the EDA approves the 2009 Consultant Services Agreement with the Greater
Metropolitan Housing Corporation and appropriates $15, 000 from Fund 408 -EDA Housing Maintenance Fund for
the same.
Resolution 2009-05, Arnendrnent to Contract for Private Redeveio~av~ent
for 3805 2" Street N.E.
Cartney stated fz'esolution 2009-05 is approving an amendment to the Contract for
Private Redevelopment with GMHC for the property at 3805 2"d Street. The EDA
agreed to provide a gap financing amount of $86, 647 in the original agreement. GMHC
is asking to increase that amount to $124, 647. The second motion for this item is to
amend the Contract far Private Redevelopment extending the commencement date to
23
Economic Development Authority Meeting Minutes
January 2?, 2009
Page 4 of 7
May 1, 2010 and the completion date to December 31, 2010. Staff is recommending
denying the gap financing and extending the contract to 2010.
Diehm asked what the implications would be if we terminate the agreement, because
we think it isn't the time to build. Sheila stated she would have to look closer at the
contract to see what that would be.
Diehm stated there maybe more we want to talk about with GMHC. We partnered with
them and need to be a responsible partner, but we don't know what the demand for
single-family housing would be in two to four years and wondered if terminating the
agreement would mean they get the property, is that the best result or not.
Motion by Nawrocki, second by Diehm, to deny the Greater Metropolitan Housing
Corporation's request to increase gap financing from $86,647 to $124,647 for the
redevelopment of 3805 Second Street. All ayes. Motion Carried.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-05,
there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Diehm, second by Herringer, to Adopt Resolution 2009-05, Amendment to
Contract for Private Redevelopment by and between the Columbia Heights Economic
Development Authority, Columbia Heights, Minnesota and the Greater Metropolitan
Housing Corporation, dated November 7, 2007. All ayes. Motion Carried.
EDA Resolution 2009-05
Amendment to "Contract for Private Redevelopment by and Between fhe Columbia Heights Economic Development
Authority, Columbia Heights, Minnesota and Greater Metropolitan Housing Corporation" dated November 27, 2007
WHEREAS, on November 27, 2007 the City's Economic Development Authority (EDA) approved an agreement
entitled, "Confract for Private Redevelopment by and Between the Columbia Heights Economic Development
Authority, Columbia Heights, Minnesota and Greater Metropolitan Housing Corporation (the Agreement}, and
WHERAS, this contract outlined the terms and conditions far redevelopment of property addressed as 3805 Second
Street, and
WHEREAS, fhe end result of the redevelopment is the construction and sale of two single family homes by Greater
Metropolitan Housing Corporation, and
WHEREAS, Section 4.3 (a) "Completion of Construction" requires a commencement date of May 1, 2008 and a
construction completion date of December 31, 2008.
WHEREAS, due to economic conditions causing declining sales prices the redevelopment project has been delayed.
NOW THEREFORE BE lT RESOLVED, The Economic Development Authority hereby agrees to amend Section 4.3
(a) of the Agreement to change commencement date from May 1, 2008 to May 1, 2010 and complete construction
date from December 3l, 2010 to December 31, 2009.
Commercial Development Aareement for 4`7@7 Central f~venue
Scott Clark stated on September 23, 2008 the EDA approved an agreement for a
52, 000 sq ft commercial/office space redevelopment. The developer has came to staff
saying that in this market it isn't feasible to build that large of a building. What they are
proposing is eliminating the second floor above the Aldi's space, which reduces the
space from 52, 000 sq. ft to 35, 000 sq. ft. S24ff is asking for board direction as to: 1)
Economic Development Authority Meeting Minutes
January 27, 2009
Page 5 of ~
would you still support tax increment financing with the reduction of the project size, and
2) agree to setting up a special meeting on February 9t" to discuss and review the new
plans with the developer. The key for the EDA is that the developer is up against the 5-
yearrule under the TlF laws. This means you have 5 years to establish obligation or
meaning that you are going to issue a bond or as a pay as you go note or that the
developer would have to incur expenses for that pay as you ga note. Even if the EDA
approves this, plans would have to go back to the Planning and Zoning Commission for
plan approval.
Diehm asked if in our current contract, we have a license and permit bond or letter of
credit requirement, as she wants to make sure we have that security. Clark stated
there is one.
Peterson asked if we reduce the size of the parking ramp, would Met Council's grant
still apply. Clark stated staff would go to Khoratty to obtain a letter of credit to present
to Met Council to secure the grant funds.
Motion by Diehm, second by Kelzenberg, to move to set a Special EDA meeting for
Monday, February 9, 2009 at 6:00 p.m. in the City Hall, Conference Room 1. All ayes.
Motion Carried.
Approve Second Amendment to Amended and Restated Contract for Private
Redevelopment with Schafer Richardson (Huset Park Development Corporation)
Cartney stated at the time the EDA packet was ready to go out last Friday, we didn't
have the information that they received tonight from ourAttomey, Steve Bubut. So
please disregard the Resolution.
Cartney stated the EDA entered into an agreement with the Huset Park Development
Corporation on October 25, 2004 for redevelopment of the Industrial Park. On August of
2007 both parties agreed to amend the agreement. At this time, staff has received a
request from Schafer Richardson to amend the agreement to change the completion
and commencement dates. Maureen Michalski from Schafer Richardson is here to
answer any questions the board may have.
Diehm asked what the current status of the senior housing was. Michalski stated they
lost funding for it last year, but would be reapplying again this year.
lVawrocki asked what the status was for Phase 11l. Michalski stated they are still in the
process of building Phase ll, the residential portion, which is behind due to the housing
market. But certainly if someone would come to them and wanted to build a
commercial building on the site they would be open to it.
Diehm stated as long as we received this information last Friday and we need to have
arrr„~ther meeting an February ~~, she didn't see any reason why they should approve
this tonight. She had some questions and would like to meet with staff on them. Clark
requested Diehm give him her specific questions to him prior to the February 9th
meeting. Diehm agreed to do this.
Motion by Diehm, second by Kelzenberg, to table this item until the Special Meeting of
25
Economic Development Authority Meeting Minutes
3anuary 27, 2003
Page 6 of 7
February 9, 2009. All ayes. Motion Carried.
Diehm asked staff to also obtain an update from Schafer Richardson on the status of
the units; how many have been sold, how many are vacant, etc.
Resolution 2009-04 Decertification of TIF Districts P3/P4/S7
Clark stated the assistant finance director has requested staff bring this item to the
board, as the TIF districts weren't Decertified when they were suppose to. SD the City
coat%.nf,1Ps to recei!~e checks. The board needs to make the Decertification final.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-04,
there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2009-04, a Restitution
Approving the Decertification of Tax Increment Financing Districts P3/P4/S7 of the City
of Columbia Heights. All ayes. Motion Carried.
GITY OF COLUMBIA HEIGHTS ECONOMIC DEVELOMENT AUTHORITY
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 2009-04
RESOLUTION APPROVING THE DECERTlFlCAT10N
OF TAX INCREMENT FINANCING DISTRICT P3/P4/S7 OF THE CITY OF COLUMBIA HEIGHTS
EDA
WHEREAS, on May 27, 1997, the City of Columbia Heights Economic Development Authority (the "EDA')
created its Redevelopment Tax Increment Financing District No. P3/P4 (Housing T(F #1) (the "DistricP), within the
Central Business District Redevelopment Project (the "Project').
WHEREAS, on December 17, 2001, the EDA expanded the geographic boundaries of the district (the S7
geographic enlargement).
i~/HEREAS, an infernal Fund Loan obligation, previously authorized, has been paid and the
obligation is no longer outstanding, and
WHEREAS, there are no parcels located in the District which currently have delinquent taxes underthe duration
limits; and
WHEREAS, the Tax Increment Financing plan adapted on May 27, 1997 for Tax Increment Financing
District No. P3/P4/ST requires, pursuant to M.S. 469.176, Subd.1 b (a) (4) redevelopment districts, that the
duration of the Tax Increment Financing District P3/P4/S7 Housing TIF #1 will be 25 years from the receipt by
the EDA of the first fax increment, and
WHEREAS, the receipt of first fax increment was July of 1998; and
WHEREAS, December 31, 2023 is 25 years from the fast receipt of increment, or the statutorily required
expiration date, and
WHEREAS, the EDA desires to decertify the District poor to its statutorily required expiration date; and
NO'dV THEREFORE, BE IT RESOLVED by the Economic DevelopmentAuthority ofthe City of Columbia Heights
that the EDA's staff shall take such action as is necessary to inform the CauntyAuditorofAnaka County ihatthe District
is decertified and to no longer remit tax increment from the Distract to the City.
Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 27th day of
January 2009.
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Economic Development Authority Meeting Minutes
January 27, 2009
Page 7 of 7
Resolution 2009-06 Amend Contract with GMHC for Additional Financial
Assistance for 4141 Jefferson Street
Cartney stated in 2007 the EDA entered into an agreement with GMHC for the property
at 4747 Jefferson Street. GMHC is asking for a gap increase from the original amount
approved of $65, 050 to $88, 850.
Motion by Nawrocki second by Diehm to deny the request for additional gap funding. All
ayes. Motion Carried.
ADMINISTRATIVE REPORTS
Clark stated the board requested information on the 5- year rule, which we have
already discussed.
Clark directed Cher Bakken to pass out the Columbia Heights Industrial Park
Redevelopment History books that she was asked to make for them at a previous EDA
meetina.
ADJOURNMENT
President, Peterson, adjourned the meeting at 9:55 p.m.
Respectf~ull~y~s'ubmitted,
...
Cheryl Bakken
Community Development Secretary II/CAP
H:\E DAmin utes2009\1-27-2009
27
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
SPECIAL MEETING MINUTES
February 9, 2009
CALL TO ORDERIROLL CALL
Even though there wasn't enough members in attendance for a quorum, President,
Gary L. Peterson called the meeting to order at 6:05 p.m. to start discussing the items
due to the City Council meeting at 7:00 p.m.
Present: Gary L. Peterson, Bruce Nawrocki, and Bruce Kelzenberg.
Bobby `J'Jilliams arrived at 6:35 p.m.
Absent: Marlaine Szurek, Tammera Diehm and Gerry Herringer
PLEDGE OF ALLEGIANCE
BUSINESS ITEMS
Adopt Resolution 2009-07a Second Amendment to Amended and Restated
Contract for Private Redevelopment-Huset Park Development
Cartney stated due to the housing market and economic conditions, Schafer has
requested the contract completion dates be amended. Under Section 4.3(c) it states "if
the Redeveloper is making substantial progress with respect to the redevelopment
project, and is unable to meet one or more of the above referenced deadlines, the
Authority and Redeveloper shalt negotiate in good faith for a reasonable period to
extend the time in which necessary action(s) must be taken or occur, the lapse of which
time would otherwise constitute a default of this Agreement." The changes to the
contract dates would be: 1) 18 completion date from 12/31/08 to 4/30/2011; 2) llA
completion date from 4-30-2009 to 6-1-2010; 3) lllA Housing and Commercial
commence dated from 12-31-08 to 4-1-2010 and completion date from 12-31-2010 to 4-
1-2012; 4) IIIB housing commence from 12-31-2010 to 12-31-2012 and completion date
from 12-31-2012 to 12-31-2014; and 5) 1/lC housing cammence from 12-31-2012 to 12-
31-2014 and completion date from 12-31-2014 to 12-31-2016. Also in the packet you
received Schafer Richardson has provided a status report as requested at the last EDA
meeting.
Fehst stated he tolked with Diehm about this item. She asked him to bring up her
concerns at the meeting, as she couldn't be there. One concern was that usually a
principal owner would come to the City with this type of amendment. Brad Schafer was
not present.
Maureen Mitchalski, from Schafer Richardson said she was representing Schafer
Richardson as Brad Schafer had a commitment, bu_t he did say he would be !Milling to
attend another meeting. essentially, they based the dates on their agreement with
Ryland, giving them enough time to build on the lots. They did tell Ryland the extension
dates they are asking for tonight would be final dates, with no exceptions.
Fehst stated L?iehm also asked if the City decides not to approve the extension what is
the downfall. Bubul stated the contracf says some of these phases would be in default.
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Economic Development Authority Special Meeting Minutes
February 9, 2009
Page 2 of 8
What that means is that we have two different Tax Increment Bonds that are
outstanding. 7) there are TlF revenue bonds that were sold in 2007 to third party
investors, which we don't have the ability to stop making payments on those and 2)
there is a Pay As You Go Note far $6.5 million that is held by Schafer Richardson and
our contract says we can withhold payment for any phases that are in default, but not
any that are not. For example if Phase !was completed, the increment goes first to pay
those bonds and second if there is left over money, it would go to pay the second note.
/f Phase //B was only partially complete, even though it's not completed you would have
the right to stop payment on the agreement that is default. You don't have the option to
terminate the note, but you certainly can withhold payments.
Nawrocki asked how many years was the TIF band for and how many payments have
been made. Bubul stated the Pay-As-You-Go note goes to the year 2032 and that the
bonds were sold for the first phases and were depending on the build out of the other
phases. The T/F bond was sold to third parties for $>2, 890, 000 and was sold in 2008,
with very little interest made. The money reimbursed to Schafer Richardson was mostly
for land acquisition.
Peterson stated this wasn't Ryland or Schafer Richardson's fault it's the market. They
build a good product.
Fehst updated Williams on the discussion of this item prior to his arrival.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-07,
there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Kelzenberg, second by Williams, to Adopt Resolution 2009-07, a Resolution
Approving a Second Amendment to Amended and Restated Contract for Private
Redevelopment between the Columbia Heights Economic Development Authority, the
City of Columbia Heights and Huset Park Development Corporation; and furthermore,
to authorize the President and Executive Director to enter into an agreement far the
same. All ayes. Motion Carried.
RESOLUTION NO. 2009-07
RESOLUTION APPROVING A SECOND AMENDMENT TO AMENDED AND RESTATED CONTRACT
FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY, THE CITY OF GOLUMBIA HEIGHTS AND HUSET PARK
DEVELOPMENT CORPORATION
BE IT RESOLVED By the Board of Commissioners ("Board") of the Columbia Heights Economic Development
Authority ('Authority) as follows:
Section T. Recitals.
?.0?. The Authority has detem?ined a need to exPmisa the powers of a housing and redevelopment authority,
pursuant fo Minnesota Statutes, Sections. 469.090 to 469.908 ('EDA Act'), and is currently administering the Downtown
GBD Redevelopment Project ("Redevelopment Projecf) pursuant to Minnesota Statufes, Sections 469.001 to 469.047
("HRA Act`).
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Economic Development Authority Special Meeting Minutes
February 9, 2009
Page 3 of 8
1.02. The Authority, the City of Columbia Heights ("City') and Huset Park Development Corporation (the
°Redeveloper') entered into a into a Contract for Private Redevelopment dated as of Ocfober 25, 2004, as amended by a
First Amendment thereto dated June 16, 2008 (the °Contract'~, setting forth the terms and conditions of redevelopment of
certain property within fhe Redevelopment Project, generally located east of university Avenue and south and west of Huset
Park .
1.03. The parties have deterrnined a need to modify the Contract in certain respecfs, and have caused to be
prepared a Second Amendment fo Amended and Restated Contract forPrivate Redevelopment (the Amended Contract').
1.04. The Board has reviewed the Amended Contract and frnds that the execution thereof and performance of
the Authority's obligations thereunder are in the best interest of the City and its residents.
Section 2. Authority Approval: Further Proceeding.
2.01. The Amended Contract as presented to the Boats is hereby in alt respects approved, subject to
modifrcations that do not alter the substance of the transaction and that are approved by the President and Executive
Director, provided that execution of the documents by such officials shall be conclusive evidence of approval.
2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the
Amended Contract and any documents referenced (herein requiring executor by the Authority, and to carry out, on behalfof
the Authority its obligations thereunder.
Approved by the Board of Commissioners of fhe Columbia Heights Economic DevelopmentAuthoritytkis 9<" day of
February 2009.
Adopt Resolution 2009-08, Contract for Private Redevelopment-4707 Central Ave.
Clark stated on January 27, 2009, the EDA reviewed the proposed changes to the
Development Agreement originally approved in September of 2008 with Grand Central
Commons LLC for construction of a retail and office facility at 47t" and Central. The
major amendments are: 1) minimum improvements redefined as a 35, 000 sq. ft.
commercial/office complex with 180 stall parking ramp, which originally was 52, 000 sq
ft. with 210 stalls, 2) reduction of TIF from $440, D00 to $300, 000, 3) additional language
clarifying the existing frve-year rule, 4) adding language stating the intention of the EDA
is to attempt expanding the five-year rule to ten years, 5) the minimum assessment
amount changed to 4, 375, 000, which will be fully assed to the property on January 1,
2010 regardless of the level of construction completion at that time, 6)
acknowledgement language that if Met Council's grant is not fully received for whatever
reason, the EDA has no obligation to make up the difference, 7) elimination of phasing
language as the project will be built as one project, and 8) a June 1, 2009 construction
start date. In January, the EDA asked staff to look into potentially demanding additional
surety to ensure that once the building has started construction, it will be completed.
Staff checked with the City Attorney and is recommending no additional surety since the
provisions of the agreement should provide reasonable assurance that once started,
the project will be completed.
Bubul stated the key point is the grant extension and the time frame to spend the
money on the development of the ramp.
Fehst stated the foflowing: 1) we have beard Aldi's really wants to come to this City, 2J
cve are asking the developer to start June 1, 2009, and 3)r",e ov/ns the land and is a
motivated d~~~lope;: So we should let l~hoyrattY 4vork w,'fh Aldi's and we can work on
the ramp funds.
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Economic Development Authority Special Meeting Minutes
February 9, 2009
Page 4 of 8
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-08,
there being an ample amount of copies available to the public. All ayes. Motion
Carried,
Motion by Kelzenberg, second by Williams, to Adopt Resolution 2009-08, a Resolution
Approving Contract for Private Redevelopment and Resolution Awarding the sale of,
and providing the form, terms, covenants and directions for the issuance of its Taxable
Tax Increment Revenue Note in the maximum principal amount of $300,000; and
furthermore, to authorize the President and Executive Director to enter into an
agreement for the same.
Nawrocki asked if staff has talked to Met Council about the funding. Clark stated staff
would be meeting with a committee from Met Council next week. With this amendment
to the contract, if we don't get the funding the developer would be responsible for the
entire cost of the ramp.
Upon Vote: All ayes. Motion Carried.
RESOLUTION NO. 2009-08
RESOLUTION APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT AND
RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND
DIRECTIONS FOR THE ISSUANCE OF ITS
TAXABLE TAX INCREMENT REVENUE NOTE
IN THE MAXIMUM PRINCIPAL AMOUNT OF $300,000
BE IT RESOLVED BY the Board of Commissioners ("Board') of the Columbia Heights Economic Development
Authority, Columbia Heights, Minnesota (the `Authority') as follows:
Section 1. Authorization.
1.01. Authorization. The Authority and the City of Columbia Heights have heretofore approved the
establishment of the Kmart/Central Avenue Tax Increment Financing District (the "TIF District") the Downtown CBD
Redevelopment Project (the "Project'), and have adopted a tax increment rrnancing plan for the purpose of financing
certain improvements within the Project.
Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bands forthe
purpose of financing a portion of the public development costs of the Project. Such bonds are payable from all or any
portion of revenues derived from the T1F District and pledged to the payment of the bands. The Authority hereby finds
and deferrnines that it is in the best interests of the Authority that if issue and sell its Taxable Tax Increment Revenue
Note in the maximum principal amount of $300, DOD (the "Note) for the purpose of financing certain public redevelopment
costs of the Project.
1.02. ~orova! of Agreement The Contract for Private Redevelopment (the `Agreement) between the
Authority Grand Central Commons, LLC ("Grand Central Properties') is approved in substantially the form on file in City
Hall, subject to modifications that do not alter the substance of the transaction fhaf are approved by the President and
Executive Director, provided fhaf execution of the amendment by such officials is conclusive evidence of and their
approval.
1.03. Issuance Sate and Terms of tl~e Note. The Authority hereby delegates to the Executive Director the
defenninafian of the date an which the Note is to be defivered, in accordance with the Agreement. The Nofe shaft be
issued to Grand Central Commons LLC ("Owner';). The Note shall be dated as of the date of delivery, shat/ mature no
later than February 1, 2021 and shall bear interest at the rate of 7.0% per annum from the date of original issue of the
Note. The Note is issued in consideration of payment by Owner of certain Public Redevelopment Costs in at least the
principal amount of the Note, in accordance with the Agreement.
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Economic Development Authority Special Meeting Minutes
February 9, 2009
Page 5 of 8
Section 2. Form of Note. The Nofe shall be in substantially the following form, with the blanks to be properly
filled in and the principal amount and payment schedule adjusted as of the date of issue:
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
No. R-1 $
T.4?'4t3LE T4X INCREMENT REVENUE NOTE
SER/ES 20
Date
Rate of Original Issue
7.0% , 20
The Columbia Heights Economic Development Authority (Authority') for value received, certifies that it is
indebted and hereby promises to pay to Grand Cenfral Commons LLC orregistered assigns (the °Owner"), the principal
sari, of $ arsa much thereof as has been from time to time advanced (fhe "Principal Amount'), as provided in
the Agreement defined hereafter, together with interest on the unpaid balance thereof accrued from the date of original
issue hereof at the rate of percent per annum (the "Stated Rate'). This Nofe is given in accordance with that
certain Contract forPrivate Redevelopment between the lssuerand the Ownerdated as of , 2009 (the
Agreement') and the authorizing resolution (the "Resolution') duty adopted by the Authority on , 2009.
Capitalized terms used and not otherwise defined herein have the meaning provided for such terms in the Agreement
unless the context clearly requires otherwise.
1. Pa mY ents. Principal and interest ("Payments') shall be paid on August 1, 2011 and each February 1
and August 1 thereafter to and including February 1, 2021 (`Payment Dates') in the amounts and from the sources set
forth in Section 3 herein. Payments shalt be applied first to accrued interest, and then to unpaid principal.
Payments are payable by mail to the address of fhe Ownerorsuch otheraddress as the Ownermay designate
upon 30 days wriften notice to the Authority. Payments on this Note are payable in any coin or currency of the United
States ofAmerica which, on the Payment Date, is legal tender for the payment of public and private debts.
2. Interest. Interest accruing from the date oforiginal issue through and including February 1, 2011 (and
not otherwise paid from Available Tax Increment) will be compounded semiannually an February 1 andAugust 1 ofeach
year and added to principal. Interest shall be computed on the basis of a year of 360 days and charged for actual days
principal is unpaid.
3. Available Tax Increment. Alt payments on this Note are payable on each Payment Date solely from
and in the amount of the Available Tax Increment," which means, on each Payment Date, 90 percent of fhe Tax
Increment attributable to the Commercial Property as defined in the Agreement that is paid to the Authority by Anoka
County in the six months preceding Phe Payment Date.
The Authority shalt have no obligation to pay principal of and interest on this Note on each Payment Date from
any source other than Available Tax Increment and the failure of the Authority fo pay the entire amount of principal or
interest on this Note on any Payment Date shall not constitute a default hereunderas long as the Authority pays principal
and interest hereon to the exfent of such pledged revenues. The Authority shall have no obligation to pay unpaid
balance of principal or accrued interest that may remain after the frnal Payment on February 1, 2021.
4. Default. Upon an Event of Default by the Redeveloper under the Agreement, the Authority .may
exercise the remedies with respect to this Note described in Section 9.2 of the Agreement, the terms of which are
incorporated herein by reference.
5. Optional Preoayment. (a) The principal sum and alt accrued interest payable under fhis Note is pre-
payable in whole or ir, part at arty time by the Auti,orify without premium or penalty. iVo partial prepayment shalt affect
the amount or timing of any other regular payment otherwise required to be made under this Note.
(b) Upan receipt by Redeveloper of the Authority's wriften statement of the Excess Amount as defined in
Section 3.4(e) of the Agreement, one-half of such Excess Amount wilt be deemed to constitute, and will be applied to,
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Economic Development Authority Special Meeting Minutes
February 9, 2409
Page 6 of 8
prepayment of the principal amounf of this Note. Such deemed prepayment is effective as of the Calcu/anon Date as
defined in Section 3.4(e) of fhe Agreement, and will be recorded by the Registrar in its records for the Note. Upon
request of the Owner, the Authority will deliver to the Owner a statement of the outstanding principal balance offhe Note
after application of the deemed prepayment under this paragraph.
6. Nature of Obligation. This Note is one of an issue in the total principal amounf of $
issued fo aid in financing certain public redevelopment costs and administrative costs of a Project undertaken by the
Authority pursuant fo Minnesota Statutes, Sections 469.001 through 469.047, and is issued pursuant to the Resolution,
and pursuant fo and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota
Statutes, Sections 469.9 74 to 469.179. This Note is a limited obligation of the Authority which is payable solely from the
revenues pledged to the payment hereof under fhe Resolution. This Note and the interest hereon shalt not be deemed to
constitute a general obligation of the State oflViinnesota oranypotificat subdi/ision tfrereaf, including, ta~ifhoutlimitation,
the Authority. Neither the State of Minnesota, norany political subdivision thereof shall be obligated to pay the principal
of or interesf on this Note or other costs incident hereto except from and to the extent of the revenues pledged hereto,
and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is
pledged to the payment offhe principal of or interest on this Note or other costs incident hereto.
7. Registration and Transfer. This Nofe is issuable only as a fully registered note without coupons. As
provided in the Resolution, and subject to certain limitations set forth therein, this Nofe is transferable upon the books of
the Authority kept for that purpose at the principal office of the City Chief Financial Officer, by the Ownerhereof in person
or by such Owner's atfomey duly authorized in writing, upon surrender of this Note together with a wriften instrument of
transfersatisfactory fo the Authority, duty executed by fhe Owner. Upon such transferorexchange and the payment by
the Owner of any tax, fee, or governmental charge required to be paid by the Authority with respect to such transferor
exchange, there will be issued in the name of the transferee a new Note offhe same aggregate principal amount, bearing
interest at the same rate and maturing on the same dates.
This Note shall not be transferred to any person unless the Authority has been provided with an opinion of
counsel or a certificate of the transferor, in a form satisfactory fo the Authority, thaf such transfer is exempt from
registration and prospectus delivery requirements of federal and applicable state securities laws.
1T IS HEREBYCERTIFIED AND RECITED thataU acts, conditions, and fhings required by the Constitution and
laws of the State of Minnesota fo be done, fa exist, to happen, and to be performed in order fo make this Note a valid and
binding limited obligation offhe Authority according to its terms, have been done, do exist, have happened, and have
been performed in due farm, Time and manner as so required.
IN WETNESS WHEREOF, the Board of Commissioners of the Columbia Heights Economic Development
Authority have caused Phis Note to be executed with the manual signatures ofits President and Executive Director, atlas
of the Date of Original Issue specified above.
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
Executive Director-Walter R. Fehsf President-Gary L. Peterson
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register of the City Chief
Financial Officer, in the name of the person /asf listed below.
Date of Registration Signature of
Registered Owner City Chief Financial Officer
Grand Central Commons LLG
Federal Tax LD. No.
Section 3. Terms Execution and Defiverv.
3.01. Denomination. Payment. The Note shall be issued as a single typewritten note numbered R-1.
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Economic Development Authority Special Meeting Minutes
February 9, ?009
Page 7 of 8
The Note shall be issuable only in fully registered form. Principal of and interest on fhe Note shat/ be payable by
check or draff issued by the Registrar described herein.
3.02. Dates: Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the
owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Dafe,
whether or not such day is a business day.
3.03. Reaistrafion. The Authority hereby appoints the City Chief Financial Officerto perform the functions of
registrar, fransfer agent and paying agent (the °Registrar'). The effect of registration and the rights and duties of the
Authority and the Registrar with respect thereto shall be as follows:
(a) Re F~ The Registrarshall keep afits offhe a bond registerin which the Registrarshall provide for
the registration of ownership of the Nafe and the registration of transfers and exchanges of the Nofe.
(b) Transfer of Nofe. Upon surrender for transfer of the Note duty endorsed by the registered owner
thereof or accompanied by a written instrument of transfer, in fom7 reasonably satisfactory fo the Registrar, duty executed
by the registered ownerthereaf or by an attorney duly autharized by the registered ownerin writing, fhe Registrarshall
authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate
principal amount and maturify, as requested by the transferor. Notwithstanding the foregoing, the Nofe shall not 6e
transferred to any person unless the Authority has been provided with an opinion of counsel or a certificate of the
transferor, fn a form satisfactory to the Authority, fhat such transferis exempt from registration and prospectus delivery
requirements of federal and applicable state securities laws. The Registrarmay close fhe books forregistrafion of any
transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Dafe.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar
and thereafter disposed of as directed by the Authority.
(d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the
Registrarmay refuse to transferthe same until it is satisfied fhaf the endorsement on such Note orseparate instrument of
transferis legally authorized. The Registrarshall incurno liability fonts refusal, in good faith, to make transfers, which it,
in its judgment, deems improper or unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the
Note is at any time registered in the bond registeras the absolute ownerofthe Nofe, whetherthe Note shall be overdue
or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all
other purposes, and all such payments so made to any such registered owner or upon fhe owner's order shall be valid
and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent offhe sum or sums so
paid.
(t) Taxes. Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a
charge upon the owner thereof sufficient to reimburse fhe Registrar for any tax, fee, or other governmental charge
required to be paid with respect fo such fransfervr exci+arige.
(g) Mutilated. Lost. Stolen or Destroyed Note. fn case any Note shall become mutilated orbe lost, stolen,
ordestroyed, the Registrarshall delivera new Note oflike amount, maturity dates and tenorin exchange and substitution
for and upon cancellation of such mutilated Note or in lieu of and in substitution forsuch Note lost, stolen, ordestroyed,
upon the payment offhe reasonable expenses and charges ofthe Regisfrarin connection therewith; and, in the case the
Note lost, stolen, ordestroyed, upon filing with the Registrar of evidence satisfactory fo it that such Note was lost stolen,
ordestroyed, and offhe ownership thereof, and upon furnishing to the Registrar of an appropriate bond orindemnify in
form, substance, and amount satisfactory to it, in which both the Authority and the Registrarshall be named as obligees.
The Note so surrendered to the Registrar shaft be cancelled by it and evidence of such cancellafion shat! be given fo the
Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redempfion in
accordance with its terms, it shat! not be necessary to issue a new Note prior to paymenf.
3.04. Preparation and Delivery. The Note shalt be prepared underthe direction offhe Executive Directorand
shaft be executed on behalf of the Authority by the signatures ofits President and Executive Director. to case any officer
whose signature shall appear on the Note shall cease to be such offrcer before the delivery of the Note, such signature
shall nevertheless be valid and sufficient for all purposes, the same as if such officerhad remained in office until delivery.
When the Note has been so executed, it shalf be delivered by tfie Executive Directorto the Ownerthereofin accordance
wifh the Agreement.
Section 4. Security Provisions.
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Economic Development Authority Special Meeting Minutes
February 9, 2009
Page 8 of 8
4.09. Pledge. The Authority hereby pledges to the payment of the principal of and interest on the Note all
Available Tax Increment under the fem~s and as defined in the Note. Available Tax Increment shall be applied to
payment of the principal of and interest on the Note in accordance with fhe teens of the form of Note set forth in Section 2
of This resolution.
4.02. Bond Fund. Until the date the Note is no longeroufstanding and no principal thereof orinferest thereon
(to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate and
special "Bond Fund" to be used for no purpose other than the payment of the principal of and interest on the Note. The
Authority irrevocably agrees to appropriate to the Bond Fund in each year all Available Tax Increment Any Available
Tax Increment remaining in the Bond Fund shall be transferred to the Authority's account for the TIF District upon
Termination of the Note in accordance with its Terms.
4.03. Additional Bonds. if the Authority issues any bonds ornotes secured by Available Tax Increment, such
additional bonds ornotes are subordinate to the Note in all respects.
Section 5. Certification of Proceedings.
5.09. Certification of Proceedings. The officers of the Authority are hereby authorized and directed to
prepare and furnish to the Owner of the Note certified copies of all proceedings and records of fhe Authority, and such
other affidavits, certificates, and information as may be required to show the facts relating to the legality and mar9cefability
of the Note as the same appear from fhe books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates, and affidavits, including any heretofore famished, shall be deemed
representafions of the Aufl~ority as to The facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon execution of the Agreement.
Adopted this 9th day of February 2009.
ADJOURNMENT
President, Peterson, adjourned the meeting at 6:51p.m.
Respectfully submitted,
Cheryl Bakken
Community Development Secretary
G:~EDAminutes2009~2-9-2009
35
PLANNING AND ZONING CONIlVIISSION
MINUTES OF THE REGULAR MEETING
CH 3, 2009
7:00 PM
The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek.
Commission Members present- Thompson, Schmitt, Peterson and Szurek.
Members Absent- Fiorendino
Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson
(Secretary).
Motion by Thompson, seconded by Schmitt, to approve the minutes from the meeting of January 6, 2009.
All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2009-0301
Cinder's Greenhouses
4300 Central Avenue
Interim Use Permit
INTRODUCTION
Cinder's Greenhouses has applied for an Interim Use Permit to allow the operation of a seasonal mini-
garden center for flowering plans and retail sales. Last year, the City of Columbia Heights amended the
ordinance regarding outdoor seasonal sales in all zoning districts, and now requires an Interim Use Permit
rather than a Conditional Use Permit. The specific development standards for an outdoor sales/display
establishment are found at Section 9.107 (C)(28), and will be added as conditions of approval for this
permit. This will be the Cinder's 20t" year operating a temporary greenhouse at this location in Columbia
Heights.
The site plan and configuration remains unchanged from previous years. The principal uses of the subject
parcel are preexisting and comply with zoning regulations. The two structures and patio will displace
approximately 30 parking spaces and a drive aisle.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the property for commercial use, including retail sales, offices and
service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan.
ZONING ORDINANCE
The zoning classification for this property located at 4300 Central. Avenue is GB, General Business
District. Retail uses are allowed in this zoning district.
Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that
commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-
sgz:are foot commercial building is required to have 483 parking spaces. After using tl,e 30 parking spaces
for the greenhouses, the site still has 598 parking spaces. Furthermore, v~~ith the location of the display area
on the opposite side of the parking ]ot as the store entrances, the operation should not have any effect on
vehicular access for the site.
Please note that the Fire Department has reviewed. the proposal and has no concerns regarding it.
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PLANNING & ZONING COMMISSION MINUTES
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MARCH 3, 2009
FINDING5 OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the
City to grant an interim use permit. They are as follows:
1. The use is one of the interim uses listed for the zoning district in which the property is located, or is
a substantially similar use, as determined by the Zoning Administrator.
Outdoor sales/display establishments are an Interim Use in the GB, General Business District, and
are considered retail sales, which are permitted.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan gztides the subject property for commercial use. Outdoor sales/display
uses are allowed as conditional uses in all residential districts.
3. The use will not impose hazards or disturbing influences on neighboring properties.
The closest residential propert~> to the soarth is over 300 feet from the proposed temporary use. In
addition, the amount of space dedicated for the greenhouse sales is relatively small at
approximately 1, 000 square feet. Therefore, the proposed temporary use should not have any
detrimental impact on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
The garden center as proposed will have no impact on the use of adjacent properties.
5. The use will be designed, constructed, operated and maintained in a manner that is compatible with
the appearance of the existing or intended character of the surrounding area.
Cinder's has been in operation for 19 years at this location, with the City experiencing no
complaints. The proposed garden center should not negatively impact the existing character of the
vicinity.
6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets
and to provide for appropriate on-site circulation of traffic.
The traffic generated by the garden center will not significantly increase the traffic on the public
streets, and the site is large enough to handle additional interior traffic.
~. The use will not cause a negative cumulative effect on other uses in the immediate vicinity.
As indicated by prior descriptions, the garden center should not have a negative impact on other
uses in the immediate vicinity, which are zoned for residential and commercial uses.
Staff recommends that the Planning Commission approve the Interim Use Permit for seasonal agricuPturai
sales subject to conditions of approval outlined below.
Questions from Members:
Thornpson stated the tent fabric should be approved by the sire Iviarshail.
Schmitt questioned whether Frattalone's Hardware Stare would also be submitting a request to have a
greenhouse on this site since re-locating to this strip mall. Sargent stated that they had not done so to date.
Peterson said one of the employees told him they were not going to pursue that this year.
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PLANTING & .ZONING COMMISSION MINUTES
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MARCH 3, 2009
Public Hearing Opened:
No one was present to speak on this matter.
Public Hearing Closed.
Motion by Schmitt, seconded by Peterson, to waive the reading of Resolution No. 2009-PZ03, there being
ample copies available to the public. All ayes. MOTION PASSED.
Motion by Peterson, seconded by Schmitt, that the Planning Commission approves the Interim Use Permit
for seasonal agricultural sales at 4300 Central Avenue NE from April 1 ~ through July 1 ~, 2009, subject to
certain conditions of approval that have been ,found to be necessary to protect the public interest and
ensure compliance with the provisions of the Zoning and Development Ordinance, including:
1. Outdoor agricultural/produce sales located within the public right-of--way are prohibited.
2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed
3. Music or amplified sounds shall not be audible from adjacent residential properties.
4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two
(32) square,feet per sign.
5. The otttdooi° storage shall be located as indicated on the site plan.
6. A $S00 deposit shall be submitted to the Community Development Department prior to
installation of the structures on the site. The deposit shall be refunded after the Conditional Use
Permit expires and the site has been cleaned up.
7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access.
Ali ayes. MOTION PASSED.
RES®LUTII3N N0.2009-PZ03
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT
FOR CINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2009-0301) has been submitted by Cinder's Greenhouses to the Planning and Zoning
Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site:
ADDRESS: 4300 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for outdoor seasonal
sales from April 15, 2009 to July I5, 2®n9.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 3,
2009;
`.WHEREAS, tl-ie Plaritiittg acid Zoning Coinrnission has considered the advice and recommendations of the Ciiy staff
regarding the of pct of the proposed site plan upon the health, safety, and welfare of the com,nui~ity and its
Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property vahaes, light, air,
danger of fire„ and risk to public safety in the surrounding areas; and
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PLANNING & ZONING COMMISSION MINUTES
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MARCH 3, 2009
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia
Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following
findings:
1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a
substantially similar use, as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or disturbing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the
appearance of the existing or intended character of the sz~rrounding area.
6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to
provide for appropriate on-site circulation of traffic.
7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative
effect of other uses in the immediate vicinity.
FZTRTHER, BE 1'I' RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applica~~t agree that this permit
shall become null and void if the project has not been completed within one (1~ calendar year after the approval date,
subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. Outdoor agriculturaUproduce sales Iocated within the public right-of--way are prohibited.
2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
3. Music or amplified sounds shall not be audible from adjacent residential properties.
4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32)
square feet per sign.
5. The outdoor storage shall be located as indicated on the site plan.
6. A $500 deposit shall be submitted to the Community Development Department prior to installation of
the structures on the site. The deposit shall be refunded after the Interim Use Permit expires and the
site has been cleaned up.
7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access.
Passed this 3r`' day of March 2009,
Offered by: Peterson
Seconded by: Schmitt
Roll Call: All ayes
Attest:
CHAIR. Marlaine Szurek
SECRETARY, Shelley Hanson
Approval is contingent upon execution and return of this document to the City Planning Office.
i havc read alid agree to tiic conditions of this resoiution as outlined above.
Ciao Cella Date
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MARCH 3, 2009
CASE NUMBER: 2009-0302
APPLICANT: Sonic Restaurant
LOCATION: 4910 Central Avenue
REQUEST: Conditional Use Permit for LED Sign
INTRODUCTION
On January 12, 2009, the City Council approved a variance for the proposed monument sign for the Sonic
Restaurant located at 4910 Central Avenue. Since that time, it was determined that a Conditional Use
Permit (CUP) would also be required prior to the issuance of a building permit for the monument sign.
The City of Columbia Heights just recently approved a Zoning Amendment that requires a CUP for all new
digital LED signs installed within the City. At this time, the applicant is requesting a CUP in order to
comply with the City Code.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for commercial development that includes goals for
commercial and economic development. The applicant's proposal for a digital LED sign is consistent with
the established goals, and the sign will be used for a new commercial redevelopment.
ZONING ORDINANCE
The property located at 4910 Central Avenue NE is zoned GB, General Business, as are the properties to
the north and east. The properties to the west are zoned R-2A and R-2B, One and Two Family Residential.
The property to the south is located. in the City of Hilltop. Digital LED signs are permitted as a Conditional
Use in the GB, General Business District.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City
Council to grant a Conditional Use Permit. They are as follows:
(a) The use is one of the conditional uses listed. for the zoning district in which the property is
located, or is a substantially similar use, as determined by the Zoning Administrator.
Digital LED signs are specifrcally listed as a Conditional Use in the GB, General Business District.
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates this area for commercial development that includes goals for
commercial and economic development. These goals include: strengthening the image of the
community as a desi~°able place to live and work, providing opportunities and mechanisms for
successful redevelopment of targeted areas, preserving and enhancing the existing commercial
areas within the community, advocating high quality development and redevelopment within the
community, and enhancing the economic viability of the community. The applicant's proposal for a
digital LED sign is consistent with these goals, as the sign will be used for a new carrznrercial
redevelopment.
(c) The use will not impose hazards or disturbing influences on tieigliboi'ing properiies.
The applicant frill have to abide by specific development standards as they relate to LED signs.
These standards were adopted to help ensure a limiting disturbing influence on. neighboring
properties. Given the location of the proposed sign and its orientation to Central Avenz~e, staff feels
that the use wdl not impose hazards on the neighboring properties.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 6
MARCH 3, 2009
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The use of property in the immediate vicinity will not be diminished by the placement of a digital
LED sign at 491 D Central Avenue
(e) The use will be designed, constructed, operated and maintained in a manner that is compatible
with the appearance of the existing or intended character of the surrounding area.
The applicant will have to abide by specific development standards as they relate to LED signs.
These standards will help ensure compatibility with the appearance of the existing surrounding
area.
(f) The use and property upon which the use is located are adequately served by essential public
facilities and services.
This is correct.
(g) Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
The use of a digital LED sign at this location will not affect traffic.
(h) The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses is the immediate vicinity.
By szrbjecting the use of a digital LED sign to specific development standards, it is intended that the
use will not cause a negative cumulative effect.
(i) The use complies with all other applicable regulations for the district in which it is located.
This is correct.
Sargent reviewed the conditions that must be met to meet the criteria established in our ordinance. Staff
recommends approval of the proposed CUP for a digital LED sign for the new Sonic Restaurant located at
4910 Central Avenue.
Questions from members:
Peterson asked if the sign would display time, date, temp. Barb Schneider from Border Foods, replied that
it would not. He then asked how often the message on the sign would change. Sargent stated. each
message must be displayed for at least 10 minutes.
Schmitt asked when they plan to start construction. Barb Schneider stated they are hoping to begin around
the end of March.
Public Hearing Opened:
No one was pr°esent to speak on this issue.
Public Hearing Closed.
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pLA~N1NC & zoNING col~Mlsslorr MII<ruTEs
PAGE 7
MARCH 3, 2009
Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends the City Council
approve the Conditional Use Permit for a for a digital LED sign for the new Sonic Restaurant located at
491 D Central Avenue, subject to certain conditions of approval that have been found to be necessary to
protect the public interest and ensure compliance with the provisions of the Zoning and Development
Ordinance, including:
1. The dynamic LED signs may occupy no more than fifty percent (SO%) of the actual copy and
graphic area. The remainder of the sign must not have the capability to have dynamic LED signs,
even if not used. Onlv one, contiguous dynamic display area is allowed on a sign face.
2. The dvnamic LED sign may not change or move more often than once every ten (10) minutes,
except one for which changes are necessary to correct hour-and-minute, date, or temperature
information.
3. A display of time, date or temperature information may change as frequently as once every ten (10)
seconds, however information displayed not relating to the date, time or temperature must not
change or move more often than once every ten (10) minutes.
4. The images and messages displayed must be static, and the transition from one state display to
another must be instantaneous without any special effects. Motion, animation and video images are
prohibited on dvnamic LED sign displays.
S. The images and messages displayed must be complete in themselves, without continuation in
content to the next image or message or to any other sign.
6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a
malfunction shall occur. The displays must also be equipped with a means to immediately
discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic
display when notified by the city that it is not complying with the standards of this ordinance.
7. The dynamic LED signs may not exceed a maximum illumination of 5, 000 nits (candelas per square
meter) during daylight hours and a maximum ilhumination of S00 nits (candelas per square meter)
between dusk to dawn as measured from the sign 's face at maximum brightness. The dynamic LED
signs must have an automatic dimmer control to produce a distinct illumination change from a
higher illumination level to a lower level for the time period between one-half hour before sunset
and one half-hour after sunrise.
All ayes. Motion passed.
DRAFT RESOLUTION N0.20Q9-XX
RESOLUTION APPROVING A CONDITIONAL USE PE FOR
SONIC RESTAURANT
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2009-0302) has been submitted by S®nie Restaurant to the City Council requesting a
conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 4910 Central Avenue
LEGAL DESCRIPTION: On file at City Nall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT.' .4 Conditional Use Permit per Code Section 9.106
(P)(13)(c)1, to allow a dynamic LED sign in tdae GB, General Business Dish°ict.
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PAGE 8
MARCH 3, 2009
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 3,
2009;
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and
its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air,
danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing
the proposal, that the City Council accepts and adopts the following findings of the Planning Commission:
1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a
substantially similar use, as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the
appearance of the existing or intended character of the surrounding area.
5. The use and property upon which the use is located are adequately served by essential public facilities and
services.
7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to
provide for appropriate on-site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative
effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of
this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become
null and void if the project has not been completed within one (1) calendar^ year after the approval date, subject to
petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The dynamic LED signs may occupy> no more than fifty percent (50%) of the actual copy and graphic area.
The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only
one, contiguous dynan2ic display area is allowed on a sign face.
2. The dynamic LED sign may not change or move more often than once every ten (10) minutes, except one for
which changes are necessary to correct hour-and-minute, date, or temperature infor•rnation.
3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds,
however information displayed not relating to the date, time or temperature must not change or move more
often than once every ten (10) minutes.
4. The images and messages displayed must be static, and the transition from one state display to another must
be instantaneous without any special effects. Motion, animation and video images are prohibited on
dynamic LED sign displays.
S. The images and messages displayed must be complete in themselves, without continuation in content to the
next image or message or to any other sign.
6. T/2e dyr2amic LED signs must be designed and equipped to freeze the device in one position if a nzalfirnction
shall occur. The displays n2zrst also be equipped with a means to irnrnediately discontinue the display if it
malfitr2etions, and the sign owner must in2mediately stop the dynamic display when notified by the city that it
rs not cornplytng U~ith t12e standards of thrs ordinance.
7. The dynamic LED signs may not exceed a maximum illumination of S, 000 nits (candelas per square meter)
during daylight hour°s and a maximum illumination of S00 nits (candelas per square n2eter) between dusk to
dawn as measured from the sign's.face at maximum brightness. The dynamic LED signs must have an
automatic dimmer cor2trol to produce a distinct illumination change from cz higher illumination Level to a
lower level for the tinge period behveen one-half hour before sunset and one half-hozn^ after szrnrise.
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MARCH 3, 2009
CASE NUMBER: 2009-0303
APPLICANT: City of Columbia Heights
LOCATION: City Wide
REQUEST: Zoning Amendment for Signage in Design Guidelines District
INTRODUCTION
Sargent explained that the Design Guidelines were adopted by the City Council after one year of
preparation by a citizens group that included residents, as well as Central Avenue business owners. The
guidelines represent the minimum standards for design quality and have been implemented by Discount
Tire, Advanced Auto Parts, and Grand Central Lofts, all on Central Avenue. Ryland Homes, Inc. and
Schafer Richardson have also used the guidelines in the redevelopment of the Industrial Park.
The intent of the Design Guidelines is to give the Planning Commission and City Council greater discretion
on the design of new construction in the City of Columbia Heights. Currently any type of new
development along Central Avenue and 40t" Avenue need to receive approval from the Planning
Commission via the Site Plan Approval process. This includes existing businesses that want to add more
Signage or increase the size of their current sign.
Saregent explained that staff has received several concerns from new businesses that want to erect signs,
but have to wait for up to two months in order to gain site plan approval from the Planning Commission. In
order to accommodate new businesses in the City, Staff recommends amending the Zoning Code to allow
the issuance of new sign permits for existing tenant spaces without needing a site plan approval to do so.
Staff feels that this would appease new businesses who want to place signs on their business as soon as
possible, without having to wait for up to two months. It should be noted that signs that are a part of a new
development in the Design Guidelines District would still require site plan approval.
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. The proposed Zoning Amendment would allow for new businesses to erect their signage as soon
as they could, rather than waiting for a site plan approval.
ZONING ORDINANCE
Section 9.113 (D)(4)(a) of the Zoning Code states that the Design Guidelines shall apply to all
nonresidential, mixed-use and/or multi-family buildings, and to the following activities:
1. New construction;
2. Any exterior changes, including repainting, with the exception of replacement or repair of
existing materials;
3. Any internal remodeling or expansion activity that increases the overall size of the building by
10% or more;
4. Any development or expansion of parking areas that would result in a lot with more than four
parking spaces; acid
5. Pvliflior alterations such as repainting may be handled administratively, as determined by the City
Planner,
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PLANNING & ZONING COMMISSION MINUTES
PAGE 10
MARCH 3, 2009
FINDINGS OF FACT
Section 9.1.04 (F) of the Columbia Heights zoning code requires that the City Council make each of the
following four findings before approving a zoning amendment:
The amendment is consistent with the Comprehensive Plan.
One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable
commercial areas within the community, and to promote reinvestment in properties by the
commercial and industrial sectors. The proposed Zoning Amendment would allow for new
businesses to erect their signage as soon as they could, rather than waiting for a site plan approval.
This would aid to the promotion of reinvestment into the commercial sectors of 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 woadd affect all business o~~~ners throughout the city that are subject to
the Design Guidelines,
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 including language in the Design Guidelines that would allow for the installation of new
signage on existing buildings to be handled administratively, as determined by the City Planner.
Questions from members:
Schmitt asked what defines an "existing building". Sargent explained the intent of the ordinance is a
building or space that has previously had a tenant. A site plan approval would still be required for the first
tenant of a new building or commercial space. However, if the first tenant vacates, the second tenant could
be handled administratively. He reminded members that this amendment only pertains to wail signage, not
to monument or freestanding signage. Schmitt then asked what the penalty was for businesses that fail to
follow the proper process. Sargent said staff would contact the business and inform. them of the need for a
permit or site plan approval, as necessary.
Fubiic Hearing opened:
No one was present to speak on this issue.
Public Hearing Closed.
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PAGE 11
MARCH 3, 2009
Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council
approve the proposed zoning amendment, allowing for businesses subject to the Design Guidelines to place
signage on existing buildings without the requirement of a site plan approval.
All ayes. Motion Passed.
DRAFT ORDINANCE NO. XI~CXX
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO
SIGNAGE IN THE DESIGN OVERLAY DISTRICT WITHIN THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.113 (D)(~)(a) of the Columbia Heights City Code, is proposed to include the following
additions and deletions:
§ 9.113 OVERLAY DISTRICTS.
(D) Design Overlay District.
(4) Applicability of design guidelines.
(a) Design guidelines shall apply to all nonresidential, mixed use and/or multi-family buildings,
and to the following activities:
1. New construction;
2. Any exterior changes, including repainting, with the exception of replacement or repair
of existing materials;
3. Any internal remodeling or expansion activity that increases the overall size of the
building by ]0% or more; and
4. Any development or expansion of parking areas that would result in a lot with more than
four parking spaces;
5. Minor alterations sucl3 as repainting, and the installation of new signage on existing
buildings may be handled administratively, as determined by the City Planner.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
CASE NUMBER: 2009-0304
APPLICANT: Ehtesham Khoyratty
LOCATION: 4707 Central Aaene~e
REQUEST: Site Plan Appr®val for Ne~v C®nstracti~n
TRODUCTIO
Sargent explained that on June 3, 2008, Nelson Builders presented the Planning Commission with plans for
the construction of approximately 55,000 square feet of retail and commercial space located at 4707
Central Avenue, At this time, Ehtesham Khoyratty, the owner of the development, is requesting a new site
plan approval for the construction of approximately 36,000 square feet of retail a commercial space at the
same location.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 12
MARCH 3, 2009
Due to market conditions and a slow economy, the applicant has decided to reduce the overall size of the
development so that it can be built. The proposed plan indicates two changes from the previously approved
site plan. The first is the elimination of the second story above the Aldi Grocery store. The second is a
reduction in the overall size of the proposed parking ramp for the development.
Eliminating the second story on the Aldi building decreases the overall square footage of the building from
approximately 30,000 to 15,000 square feet. The reduction in the overall size of the proposed parking ramp
is from 219 stalls to 206 stalls.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the property as Transit Oriented Development. The proposal is
consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's
economic vitality through redevelopment efforts.
ZONING ORDINANCE
The property located at 4707 Central Avenue NE is zoned MXD, Mixed Use Development District, as are
the properties to east. The property to the north is zoned GB, General Business and the properties to the
south are zoned R-3, Multiple Family Residential. The City of Hilltop is located to the west.
PARKING REQUIREMENTS. The Zoning Code requires one (1) parking stall for each 300 square feet of
gross office/retail space and enough parking to accommodate 30% of a restaurant's seating capacity. The
proposed development includes approximately 36,000 square feet of office/retail space and the Bz ffalo
Wild Wings restaurant will have a seating capacity of 228 patrons. In total, this requires 189 parking stalls.
The development, which includes the two-story parking ramp, provides for 206 on-site parking stalls total.
LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50
feet of street frontage or fraction thereof. Parking areas shall have a minimum of one over-story tree for
each 20 spaces or fraction thereof as well. The property at 4707 Central Avenue has approximately 1,000
feet of street frontage along Central Avenue, 47`" Avenue and Grand Avenue, and incorporates 206 parking
stalls. This requires 20 trees and 11 over-story trees. The proposed plans indicate a total of 31 trees, 26 of
which are over-story trees, meeting the City's minimum requirements.
STORMWATER MANAGEMENT. Roughly 50% of the storm water from this site will be collected. in an
underground infiltration system, with the remainder diverted to the City's storm sewer pipe located in
Central Avenue. The City is currently working with the developer in order to upsize the diameter of the
storm sewer pipe, which is currently at capacity use.
DESIGN GUIDELINES
The p~°operiy at 4707 Cenirai Avenue is located in the Design Overlay Highway District and is subject to a
set of specific development sta~,dards as outlined in the Design Guidelines. Some of the fallowing areas of
interest are as follows:
47
PLANNING & ZONING COMMISSION MINUTES
PAGE 13
MARCH 3, 2009
BUILDING PLACEMENT. Buildings shall have awell-defined front facade with entrances facing the
street. Larger buildings may be oriented perpendicular to the street provided that at least one entrance
facing the street is provided. The proposed buildings will be oriented so that their well-defined front
facades face Central Avenue. The Aldi 's building will be perpendicular to Central Avenue, but the main
Aldi 's entrance will face the street.
BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet, in order to give the
impression of atwo-storied structure. The Aldi building is 23 feet in height, and the building to the south is
atwo-storied structure. Both of the buildings meet the minimum height requirement.
PRIMARY FACADES. The base or ground floor of the building should include elements that relate to the
human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. The
proposed building incorporates all of these criteria, giving an appropriate mix of window coverage,
projections, awnings and ornamentation suitable for the pedestrian scale.
BUILDING MATERIALS. The building will incorporate rock face block, brick, stone, pre-finished metal
panels and EIFS, which are all acceptable building materials for the district in which the building is located.
FINDINGS OF FACT
Site Plaa Approval
Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the
City to approve a site plan. They are as follows:
a) The site plan conforms to all applicable requirements of this article.
The site plan meets all setback, building density, parking and Design Gieidelines criteria
pertaining to the Zoning Code.
b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan.
The Comprehensive Plan designates the property as Transit Oriented Development. The
proposal is consistent with the intent of the City's Comprehensive Plan to promote business and
enhance the city's economic vitality through redevelopment efforts.
c} The site plan is consistent with any applicable area plan.
There is no area plan for this portion of the city.
d) The site plan minimizes any adverse impacts on property m the immediate vicinity and the
public right-of--way.
The proposed site plan meets all applicable setback req_ uirements and zoning provisions. For
this reason, there will be no adverse impacts on property in the immediate vicinity or the public
right-of--way.
The Grand Central Commons site has been a redevelopment priority for the City of Columbia Heights and
provides an opportunity for 36,000 square feet of new office and retail development along the major
commercial corridor of Columbia Heights. The proposed plans for the construction of the two buildings
meet all zoning and design guideline requirements, and the parking ramp will be an unobtrusive service to
the public. For these reasons Staff recommends approval of the site plan for 4707 Central Avenue.
48
PLAN-KING & ZONING COMMISSION MINUTES
PAGE 14
MARCH 3, 2009
Questions from Members:
Peterson asked if the reduction in parking spaces was due to the ramp size being reduced or the parking
spaces being larger. Sargent stated the actual size of the ramp is being reduced. The second story (upper
level) is being reduced and will no longer be connected to the commercial building to the north. The
revised, smaller ramp will be less costly to build.
Schmitt asked if an outdoor smoking area is part of the design. Sargent said there is a canopied area across
the front of the building that may provide for this, but there are no plans for a specific patio area at this
time. Schmitt stated she is happy that Buffalo Wild. Wings would be moving to this location as was shown
on the plans. Mr..Khoyratty said he is hopeful they will be part of the plan.
Thompson questioned whether both buildings and the ramp would be built at the same time, or if it would
be in phases. Sargent replied that several issues with ±he financing and development agreements are still
being negotiated, but the commission should assume that it will all happen at one time as presented. If
anything in this plan is altered it would be addressed by the EDA and the City Council. Sargent told
members their role is to approve or deny the plan as presented based on whether it meets the requirements
or not.
Public Hearing O ep ned:
No one was present to speak on this matter.
Public Hearing Closed.
Motion by Schmitt, seconded by Thompson, to waive the reading of Resolution No. 2009-PZ04, there being
ample copies available to the public. All ayes. MOTION PASSED.
Motion by Thompson, seconded by Schmitt, to adopt Resolution No. 2009-PZ04, being a resolution
approving a new site plan for the commercial development plan for the trend Central Commons located at
4707 Central Avemte. All ayes. MOTION PASSED.
RESOLUTION N0.2009-PZ04
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN
FORA 36,000 SQUARE FOOT OFFICE/RETAIL DEVELOPMENT LOCATED AT 4707
CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
`V~F.EAS, a propcsal (Case #20Qr'-C3C~) has been submitted by Ehtesi~airi Khoyratty to the Planning
and Zoning Commission requesting a site plan approval from the City of Colum'aia Heights at the
following sites
49
PLANNING & GONiNG COMMISSION MINUTES
PAGE 1 S
MARCI-I 3, 2009
ADDRESS: 4707 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the
construction of an office/retail development located at 4707 Central Avenue.
WI~REAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
March 3, 2009;
WHEREAS, the Planning and Zoning ConTmissiot- has considered the advice and recommendations of the
City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,
property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of
Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and
adopts the following findings:
I. The site plan conforms to all applicable requirements of this article, except signage.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public
right-of--way.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree that
this permit shall become null and void if the project has not been completed within one (1) calendar year
after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. New tenants of the development would not need an additional site plan approval in order to
obtain. a sign permit for new signage, as long as the proposed signs meet the minimum Zoning
Code standards.
Passed this 3~d day of March 2009,
Offered by: Thompson
Seconded by: Schmitt
Roll Call: All ayes
fil ieSi:
CHAIR Marlaine Szurek
SECRETARY, Shelley Hanson
Approval is contingent upon execution and return. of this document to the City Planning Office.
I have read and agree to the conditions of this resolution as outlined above.
Ehtesham Khoyratty Date
50
PLANNING & ZONING COMMISSION MINUTES
PAGE 16
MARCH 3, 2009
NEW BUSINESS
None at this time.
OTHER BUSINESS
Sargent reminded members that a joint meeting will be held with. the City Council on March l lt" to hear
the presentation by Bonestroo on the Comprehensive Plan Update. This will be an open meeting to obtain
comments and input from the public regarding the goals established in this plan for our City over the next
ten years.
The meeting was adjourned at 7:45 prn.
Respectfully submitted,
Shelley Hanson
Secretary
51
Approved
3/3/09
COLUMBIA HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
February 3, 2009
The meeting was called to order by Chair, Barbara Miller at 7:02 p.m. Members present were, Barbara Miller,
Catherine Vesley, Patricia Sowada, Nancy Holum, and Lynette Thomson. Also present: Becky Loader, Stacey
Hendren and City Council Representative Bruce Kelzenberg.
The minutes of the January 6, 2009 Board meeting were approved as mailed.
The interim bill list dated ]/28/09 was reviewed. It was moved, seconded and passed that the bills be paid.
It was moved and passed to consider the bill list dated 2/9/09 from the floor. The bill list dated 2/9/09 was
reviewed. It was moved, seconded and passed that the bills be paid.
Tree 2008 accounting dated 2/3/09 was reviewed.
The 2009 accounting dated 2/3/09 was reviewed.
Old Business:
1. Loader presented the Minnesota Library Funding Committee Recommendations for changes to
Maintenance of Effort.
The Board discussed possible government monies and the need for grants to support operating expenses, not just
programming. It was noted that the Library received such grants in 1965 to build the adult reading room addition.
2. The Board received documentation of the Estimated 2009 and 2010 cuts to LGA and MVHC according to
the Governor's Budget Proposal. 1t was noted that the 2009 cut for Columbia Heights is lower than first
expected and that these numbers are based on a proposal and have not been adopted.
The City Council work session on 2/2/09 was discussed. The City Manager, Walt Fehst, presented
proposed cuts as recommended by the division heads. The Library is looking at a cut of approximately
i l% of the previously approved 2009 budget. Permanent staff will be required to take a 2 week unpaid
furlough, and use all vacation time accrued in 2009. These recommendations still need to be approved by
all unions and a resolution needs to be adopted by the City Council.
3. Betsy Bush, Library Page, has turned in her resignation. The position will not be filled at this time.
New Business:
1. The crossover statistics for December were reviewed.
Items from the Floor:
I . The Board acknowledged the passing away of Isabelle [ J, Trettel_, mother of Patricia Sowada, and. plans of
purchasing a book for the Library in her honor.
There being no further business, the meeting was adjourned at 7:47 p.m.
52
Respectfully submitted,
Stacey R. Hendren
Secretary, Library Board of Trustees.
The City of Calumbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or° employment in, its services, programs, or activities. Upon request, accommodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and
activities,
2
53
CITY COUNCIL LETTER
Meetin of March 9 2009
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL: ~r'> ,~" ;
ITEM, Approve Gambling Permit, hxunaculate
Conception Church, March 29, 2009 BY: Scott Nadea
DATE: March 3, 2009 BY: e /, ~ ,
DATE:
NO.
BACKGROUND:
Immaculate Conception Church, 4030 Jackson Street NE, has submitted a request for a gambling permit
far activities taking place on Sunday, March 29, 2009. Activities to be included are bingo and raffles.
ANALYSIS/CONCLUSION:
Since the organization satisfies the City Council resolution regarding one-time charitable gambling and
has paid the $25 permit fee, the City Manager recommends the following action.
RECOMMENDED MOTION:
Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board
indicating that the City of Columbia Heights has no objection to a gambling permit far Irnmaeulate
Conception Church to conduct bingo and raffles at an event being held Sunday, March 29, 2009, at 4030
Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives
the remainder of the thirty-day notice to the local governing body.
COUNCIL ACTION:
r
54
Minnesota Lawful GambJJng
Page 1 of 2 6707
~G1ZOApp[~catio~n for EX@tTipt Permit For Board Use Only
An exempt permit may be issued to a nonprofit organization that: ~@e 1S ~~(~ fOr Gheck#
• conducts lawful gambling on five or fewer days, and
• awards less than $50,000 in prizes during a calendar year. @aC~"I GVeCIt ~
ORGANIZATION INFORMATION
Organization name ~ Previous gambling permit number
Type of nonprofit organization. Check ('~) one
^ Fraternal ~ Religious ^ Veterans ^ Other nonprofit organization
Mailing address City State/Zip Code County
ti ~`" }
Ct~ w ! K ~ . ~ ~
Name of chief executive officer (CEO) Daytime phone number
~" ~ ~t a `r~ ~ > ~.~ ~~ ~~a
ATTACH A COPY OF ONE. OF THE FOLLOWING FOR PROOP OF NONPROFIT STATUS
~ Do not attach a sales tax exempt status or federa! id employer numbers as they are not proof of nonprofit status.
lJanprofit Articles of Incorporation dR a current Certificate of Gaad Standing,
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803
_ Internal Revenue Service -IRS income tax exemption [5Q1{c)~ letter'rn your organization`s name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, send your federal iD number and
the date your organization initially applied for tax exempt status to:
IRS, P.O. Bax 2508, Room 4010, Cincinnati, OH 45209
Internal Revenue Service -Affiliate of national, statewide, or in#ernational patent nonprofit organization {charter)
If your organization falls under a parent organization, attach copies of bo h of the following:
a. IRS fetter showing your parent organization is a registered nonprofit 501(c) organization with a group ruling
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
internal Revenue Service - proof previously submitted to Gambling Cantroi Board
If you previously submitted proof of nonprofit status from the internal Revenue Service, no attachment is required.
GAMBLING PREMISES INFORMATION
Nja~me of premises where gam Ping activity will be cond cted {for raffles, list the site where the drawing wiq take place)
Ad~dyress (dongot use PO box}
.1 .
1
~
~ C/i~ty
~ Zip Gode County
!
, L~
~
8'! ^~ :..~
L~~. ~ i 1'
~d
'~ ~ n
u' ~ /~S
Dat~ei(s) of activity {for raffles, indicate the date of the drawing}
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
"Bingo [~ Raffles ^ *Paddlewheels ^ "Pull-Tabs ^ 'Tipboards
* +Sambl°rng equipment for puff-tabs, tipboards, paddlewheels, and bingo (bingo paper,
hard cards, and bingo number selection device) must be obtained from a distributer
licensed by the Gambling Control Board. To find a licensed distributor, go to
www,gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4075.
55
LG22a Appiicatior- €ar Exempt Permit
Page 2 of 2
slo7
LOCAL UNIT OF GOVERNMENT ACKNOW LEDGMENT
If the gambling premises is within city limits, If the gambling premises is located in a township, bath
the city must sign this application. the county and township must sign this application.
Check ('~} the action that the city is taking on Check ('~} the action that the county is taking on
this applicatiane this application,
,,,The application is acknowledged with no waiting period. ____The application is acknowledged with no waiting period.
The application is acknowledged with a 30 day waiting ---me application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30 period, and aHaws the Board to issue a permit after 30
days (60 days fora 1st class city}. days.
_The application is denied. _The application is denied.
.
~,, ;
Print city name E!~~tt~=~
Print county name
~ On behalf of the county, 1 acknowledge this application.
Qn behalf of the city, /acknowledge this plication. Signature of county personnel receiving application
Signatur of city persop"
nel receiving applicat'son
,
~L~ E~y~-~
'y
' Title Date /
Title
L I Date~_!~_1 TpWiVSFtIP: On behalfof the township, !acknowledge that the
organization is applying forexempted gambling activity within the
township limits. [A township has no statutory authority to approve
or deny an application MMnnnesota Statute 349.213, subd. 2)J
Print township name
Signature of township official acknowledging application
Title Date J J
CHIEF EXECUTIVE OFFICER`S SIGNATUR E
The information provided in this application is complete and accurate to the best of my knowledge, l acknowledge that
the flnanciai report will be completed and returned to the Board within 30 days of the date of out gambling activity.
'~ 1 ~ ~ t~.~t~t„ u"~' Z_ ~f
ChiefexecutiveofFcer'ssignature pate %~, f tZ J
Complete an application for each gambing activity: Financial repartand recordkeeptng
• one day of gambling activity required
• two or more consecutive days of gambling activity A financial report form and instructions will be
• each day a raffle drawing is held sent with your pemtit. Wi#hin 30 days of the
Send application with: ac#ivity date, complete and re#urn the financial
• a copy of your proof of nonprofrt status, and report form to the Gambling Control Board.
• $50 app{icatian fee for each event. Questions?
Make check payable to "State of Minnesota." Call the t_icensing Section of the Gambling
To• Gambling Control Board Control Board at 651-639-4076.
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Data privacy. This form will be made available
in alternative forma4 (i.e. large print, Braille} upon
request. The information requested on this
form (and any attachments) will be used by the
Gambling Control Board (Board) to deterrrtine
your qualifications to be Involved in lawful
gambling activities in Minnesota. You have the
right fo refuse to supply the fnformafion
requested; however, if you refuse to supply
this information, the Board may not be able to
determine your qualifications and, as a
consequence, may refuse to Issue you a
permit. tf you supply the infom3ation requested,
the Board will be able to process your
application. Your name and and your
organization's name and address w~11 be public
information when received by the Board. All
the other inforrrratlon you provide v!dll t:e private
data until the Board Issues your permit. When
the Board issues your permit, ail of the
information provided to the Board will become
public. if the Board does not issue a permit, all
informafion provided remains private, wish the
exception of your name and your organization's
name and address which will remain pubic.
Private data are available to: Board members,
Board staff whose work requires access to
the information; Minnesota's Qepartment of
Public Safety; Attorney General; Commissioners
ofAdminisfration, Finance, and Revenue;
I_egfslat.reAuditor, national and i..temational
gambling regulatory agencies; anyone pursuant
fo court order, other individuals and agences
that are speaficzlly authorized by state ar
federal law to have access fo the information;
individuals and agencies for which law or legal
order authorizes a new use or sharing of
information after this Notice was given; and
anyone with your consent.
56
i
r
__.-------...------ ------. _._. .___.__..---_ ____ ._ ._._..------ ----_----- ---- ._. ._~. ~-n
. 3i~55
NORTHEAST BANK
THE CHURCH 4F THE COLUMBIA HEIGHTS, MN - 783-788-9351
MINNEAPOLIS, MN - 612-379-8811
INIIUTACUlATE CONCEPTI®N COON FtAP~DS, MN - 763-784-3533 ~/~ 812009
4030 JACKSON STRFEi; NE. YOUR INDEPENDENT COMMUNITY BANK '~
COLUMBIA HEIGHTS, MN 55421 17-13-910 p
0
PAY To THE City of Columbia Heights -other **25.00
ORDER OF
roc,~*~t«***kt~rx~r:~r~,r~r~t,~~-rr«,~*~*x~~x*r*,rr*~*~~x,~xr,~~r r~,tx~,r~~r *,r~,~,t*,~t*,tx,~,r,~~a*,v~r* m
Twenty-Five and 00/'I00 DotLARS .
City of Columbia Heights _ ~ _ '
C
MEMO .. - AUiFIDRfZED SIGNATURE
Easter Bingo.& Ham raffle 3/2912009
u°0 ~ L L 5 5~1• .' e:Cl9 X000 1. 3 20a 500«, 568 i~i-'
THE CHURCH OF THE IIVIMIACULATE COIVCIEPTIC3N
:City of Columbia Heights -other
Date Type Reference Original Amt.
2J1012009 Bill Bingo Permit 25.00
Operations Checking Easter Bingo & Ham raffle 3/29/2009
31.55
2/18/2009
Balance Due Discount Payment
25.00 25.00
Check Amount 25.00
25.00
CITY COUNCIL LETTER
Meeting of: March 9, 2009
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: Recreation APPROVAL
ITEM: Three Dimensional Public Artwork Piece BY: "Heighten the Arts" BY: - ,.-~ , --- ~
to be placed at the new gym sites. Committee ~' ~ "
NO: DATE: 03-04-09
BACKGROUND
"Heighten the Arts" is a collaborative committee comprised of City and School District members who are working
together with the assistance of a grant from the Perpich Center for the Arts Education to increase arts education
opportunities. Our mission is "All the arts for all the kids pre-K through adult."
The "Heighten the Arts" committee is in the process of applying for the Creative Intersections Grant through the
Metropolitan Regional Arts Council, MRAC. The Creative Intersections Program is designed to foster cross-
sector partnerships between public, private nonprofit, and commercial sectors for enhancing arts and culture and
communities. This program is intended to support specific communities in the greater metropolitan area,
communities of color, and new immigrant communities.
The grant application could award up to $8,000.00, with an additional match from the City for $4,000.00 and the
School District for $4,000.00, with the total amount of the grant of $16,000.00.
The committee's goal, if awarded the grant, is to seek out sculptural artists to submit proposals for a three
dimensional public artwork piece to be displayed outside of the new gym sites.
RECOMMENDED MOTION: Move to approve that the committee move forward with the Creative
Intersections Grant application that would award up to $8,000 and that the City of Columbia Heights will
consider matching the funds up to $4,000.
C'OT 1N('1T . A(~Tl(1N~
58
CITY COUNCIL LETTER
Meeting o£ 3/9/09
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITY MANAGER
PUBLIC WORKS ~, ~`'
ITEM: ESTABLISH A PUBLIC HEARING TO BY: K. Hansen BY: ~-~° "t i
CONSIDER ALLEY LIGHTING DATE: 3/4/2009 DATE:
Background:
Staff is requesting the City Council establish a Public Hearing date for formal consideration of assessing an
alley light to benefited properties, as requested by petition.
The proposed light is located in the alley. The petition is for one I OOwatt HPS Light to be installed on an
existing pole between 5235 and 5241 6t" Street.
There will be 12 parcels included iii the assessment. Cf these 12 pay°ceis, i i property owners signed the
petition in favor of installing the alley light.
Recommended Motion: Move to establish Monday, April 13, 2009 at 7:00 p.m. as a Public Hearing for
consideration of alley lighting between 5235 and 5241 6th Street.
COUNCIL ACTION:
59
PETITION
ALLEY LIGHT LOCATION: Between 5235 and 5241 6th Street
We the undersigned petition the City Council of Columbia Heights to assess for
one Xcel Energy 100-watt HPS street light. The light will be installed in the alley
on the pole between 5235 and 5241 6th Street. We understand that the cost of the
light will automatically be added to the utility statement. The current cost is $1.00
per property per month, or $3.00 per property per q~aarterY This cost will increase
with increases in the electric rate.
t~
6
Q
6
I~
D
b
~F
NAP~ZE
ADDRESS
D4 NOT
INSTALL INSTALL
LIGHT - LIGHT
__
--
~~ ~ `'~
61
.--
CITY COUNCIL LETTER
Meeting of: 3/9/09
AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT'
NO: PUBLIC WORKS
ITEM: RESOLUTION NO 2009-33 APPROVING PLANS BY: K. Hansen
AND SPECIFICATIONS AND ORDERING DATE: 3/5/09
ADVERTISEMENT FOR BIDS FOR THE 2009 STREET
REHABILITATION AND ALLEY RECONSTRUCTION
PROJECTS
CITY MANAGER
DATE:
Background:
A Public Improvement Hearing for the 2009 Zone 4 Street Rehabilitation and. Alley Reconstruction Projects was held
on March 2, 2009. The City Council ordered improvements for Full Street Reconstruction on Sd' Street from 49`h
Avenue to SOd' Avenue; Mill and Overlay on 7`h Street from 52"d Avenue to 53rd Avenue, 4&`h Avenue from Jefferson
Street to Monroe Street, 50"' Avenue from Jefferson Street to Monroe Street, and 51 S` Avenue from 6`h Street to 7"'
Street; and Alley Reconstruction between Jackson Street and Central Avenue from 49`h Avenue to 50`h Avenue.
Analysis/Conclusions:
The proposed water main replacement, sanitary and storm sewer construction remain essentially unchanged from the
work presented at the Public Improvement Hearing, with the exception of removing the sidewalk on 7"' Street and 52"d
Avenue. Water main will be replaced on 5`h Street from 49"' to 50"' Avenues. Overall, the condition of the sanitary
sewer piping is acceptable with corrective repairs needed on sections of the pipe and manholes. Work on catch basins
and pipe within the construction area will be conducted where recommended based upon field inspections. The
proposed funding for this work is as follows:
Water Construction Fund $ 100,000.
Sanitary Sewer Construction Fund $ 35,000.
Storm Sewer Construction Fund $ 40,000.
Final plans and specifications for the Street Rehabilitation Improvements, including utilities, are complete. The bid
opening is scheduled for April 7, 2009 with City Council award on April 13, 2009.
Recommended Motion: Move to waive the reading of Resolution No. 2009-33, there being ample copies available to
the public.
Recommended Motion: Move to adopt Resolution No. 2009-33 approving Plans and Specifications and ordering
Advertisement for Bids for 2009 Street Rehabilitation and Alley Reconstruction Projects, Zone 4, City Project Number
0902.
Attachment: Resolution 2009-33
COUNCIL ACTION:
62
RESOLUTION 2009-33
BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR 2009 STREET REHABILITATION
AND ALLEY RECONSTRUCTION, CITY PROJECT 0902
WHEREAS, pursuant to a resolution passed by the Council on March 2, 2009, the City Engineer
has prepared plans and specifications for Full Street Reconstruction on 5th Street from 49`h
Avenue to 50`h Avenue; Mill and Overlay on 7`h Street from 52°d Avenue to 53~d Avenue, 48th
Avenue from Jefferson Street to Monroe Street, 50`h Avenue from Jefferson Street to Monroe
Street, and 51St Avenue from 6`h Street to 7`h Street; and Alley Reconstruction between Jackson
Street and Central Avenue from 49th Avenue to 50th Avenue;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA
1. Such plans and specifications identified as 2009 Street Rehabilitation and Alley
Reconstruction, Zone 4, City Project Number 0902 are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade
journal an advertisement for bids upon making of such improvement under such
approved plans and specifications. The advertisement shall be published a minimum of
three weeks prior to the bid opening, shall specify the work to be done, shall state that
bids will be received by representatives of the City Council of Columbia Heights until
10:00 a.m. on Tuesday, April ~, 2009 at which time they will be publicly opened at the
place designated, will then be tabulated and will be considered by the Council on
Monday, April 13, 2009 in the Council Chamber. Any bidder whose responsibility is
questioned during consideration of the bid will be given an opportunity to address the
council on the issue of responsibility. No bids will be considered unless sealed and filed
with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to
the City of Columbia Heights for 5 percent of the amount of such bid.
Dated this 9th day of March 2009.
Offered by:
Seconded by:
Roll Call:
1'vlayor Gary i,. Peterson
Patricia Muscovitz, CMC
City Clerk
63
CITY COUNCIL LETTER
Meeting of: 3/9/09
AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT'
PUBLIC WORKS
ITEM: RESOLUTION 2009-34 DECLARING THE BY: Kevin Hansen
INTENT TO BOND FOR ZONE 4 STREET DATE: 3/5/09
REHABILITATION AND ALLEY RECONSTRUCTION
PROJECTS, CITY PROJECT 0902
CITY MANAGER
~-
o
DATE:
Background:
At the improvement hearing on March 2, 2009, the Council ordered the improvement of Zone 4 Street
Rehabilitation and Alley Reconstruction projects. Plans and specifications have been completed by staff and
have been submitted to Mn/DOT for review and approval prior to bidding. To provide adequate project
funding, it is possible that bonding will. be utilized to cover projects over a 2 to 3-year cycle. Bonds for
street rehabilitation projects were most recently issued in 1999, 2003 and 2006.
t~nalysisOConclusions:
Currently, cash available to fund the construction from city inter-fund loans is limited. For this reason, there
is the potential for bonding for the 2009 Street and Alley Improvement Program. Combining this with the
fact that bonding rates are at their lowest point in years makes bonding a very viable financing option.
To keep the potential bonding alternative open, a resolution declaring the intent to bond. should be approved
by the Council. This was done for the Zone Street Rehabilitation construction projects since 1998. It should.
be noted that the resolution does not commit the City to bonding or the dollar amount stated, but keeps the
option for bonding open in the future, up to the dollar amount specified.
Recommended Motion: Move to waive the reading of Resolution No.2009-34, there being ample copies
available to the public.
Recommended Motion: Move to adopt Resolution No. 2009-34, being a resolution approving the
declaration for the official intent of the City of Columbia Heights to Bond for Zone 4 Street Rehabilitation
and Alley Reconstruction Projects, City Project 0902.
Attachments: Resolution 2009-34
COiJNCIL ACTION:
64
RESOLUTION N0.2009-34
DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO
REIMBURSE CERTAIN EXPENDITURES
FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of
tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain
requirements are met; and,
WI~REAS, the City of Columbia Heights (the "City") expects to incur certain expenditures
which may be financed temporarily from sources other than bonds, and reimbursed from the
proceeds of a bond;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS AS FOLLOWS:
1. The City reasonably intends to make expenditures for Project #0902 consisting of Zone 4
Street Rehabilitation and Alley Reconstruction and reasonably intends to reimburse itself
for such expenditures from the proceeds of debt to be issued by the City in one or more
series in the maximum principal amount of $650,000.
2. This resolution is intended to constitute a declaration of official intent for purposes of
Tres. Reg. 1.150-2 and any successor law, regulating or ruling.
Dated the 9`~' day of March, 2009
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
65
CITY C®UNCIL LETTER
AGENDA SECTION: CONSENT AGENDA
NO:
ITEM: RESOLUTION 2009-35 REQUESTING MSAS
CONSTRUCTION FUNDS FOR OTHER LOCAL
TRANSPORTATION USES
Meeting of: 3/9/09
ORIGINATING DEPARTMENT; CITY MANAGER
PUBLIC WORKS ,~
BY: K. Hansen By; ~''' i r. ,
DATE: 3/5/09 DATE:
Background:
In 1999, the Commissioner of Transportation declared. the City's MSA System complete. This allows the
City to utilize the population apportionment of the annual construction allotment for local street
construction. These funds are intended to supplement the infrastructure fund for the annual Street
Rehabilitation Program.
Analysis/Conclusions:
MnDOT requires a resolution requesting funds for other local uses to be approved annually after the State-
Aid system is declared complete. The attached resolution is in a form recommended by MnDOT to obtain
MSAS funds that will supplement the City's infrastructure fund for street rehabilitation projects. The City
typically requests $270,000 (or the maximum amount available). Currently, this amount is sufficient to
supplement the infrastructure fund and still provide resources for other construction projects.
Recommended Motion: Move to waive the reading of Resolution No. 2009-35, there being ample copies
available to the public.
Recommended Motion: Move to approve and adopt Resolution No. 2009-35 requesting Municipal State
Aid System construction funds for other local transportation uses.
Attachment: Resolution 2009-35
COUNCIL ACTION:
66
RESOLUTION NO. 2009-35
BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM
CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES
WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining
20% of its City streets, and
WHEREAS, 11.62 MSAS miles are currently authorized, and
WHEREAS, 11.62 MSAS miles of streets have been built or resurfaced since 1964, and
WHEREAS, the City currently has 48.58 miles of municipal streets that require maintenance and upgrade, and
WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and
WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and add
additional strength to the streets for traffic survivability, and
WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have
needs other than additional resurfacing, and
WHEREAS, it is authorized by MiV Ruies 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid
allocation on local streets not on the approved State Aid system, and
WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process,
and
WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit:
WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims,
demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and
WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and
WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA
The City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade
and rehabilitation of City municipal streets, to wit:
5`h Street, 49`h Avenue to 50`h Avenue
48`h Avenue, Jefferson Street to Monroe Street
515` Avenue, 6`h Street to 7`" Street
7`h Street, 52"d Avenue to 53`d Avenue
50`"Avenue, Jefferson Street to Monroe Street
Alley: Jackson Street to Central Avenue,
49`h Avenue to 50`h Avenue
Dated. this 9`h day of March 2009.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
67
CITY COUNCIL LETTER
Meeting of 3/9/09
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITY MANAGER
NO: PUBLIC WORKS
f ~
ITEM: AUTHORIZATION TO SEEK BIDS FOR THE BY: K. Hansen By; ~' " ~ _
?009 MISCELLANEOUS CONCRETE REPLACEMENT DATE: 3/5/09 DATE:
AND INSTALLATION PROJECT
The City has an on-going annual program to replace miscellaneous concrete structures such as curb and
gutter, sidewalk and concrete street sections. The concrete replacement is budgeted in various functional
areas of the Public Works Budget, such as in the Water Fund for the replacement/repairs of concrete
removals caused by water main breaks or Street or State-Aid Departments for concrete street panels.
Recommended li'Iotion: Move to authorize staff to seek bids for the 2009 Miscellaneous Concrete
Replacement and Installation Project.
COUNCIL ACTION:
68
CITI' C®-U}`ICIL LETTER
AGENDA SECTION: CONSENT AGENDA
NO:
ivieettna ot:
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGER
ITEM: ADOPT RESOLUTION 2009-36 AWARDING BY: K. Hansen
STREET STRIPING, RESOLUTION 2009-37 AWARDING DATE: 3/5/09
CRACK SEALING AND RESOLUTION 2009-38
AWARDING SEAL COAT
BY: f ~, - - t
DATE:
Background:
City Council authorized staff to enter a Joint Powers Agreement (JPA) with the Cities of Coon Rapids,
Andover, Brooklyn Center, Columbia Heights, East Bethel, Fridley, and Ham Lake to seek bids for Street
Maintenance, including seal coat, street striping, and crack sealing. For Columbia Heights, seal coating is an
annual maintenance project to help preserve the integrity and extend the life of the bituminous streets. Plans
and specifications for the street maintenance project were advertised for bids in the Coon Rapids Herald on
February 6`" and. 13t", 2009 and in the Construction Bulletin on February 9t" and 16`", 2009. Bids were
received and publicly read aloud at the February 27`", 2009 bid opening. A copy of the bid tabulation is
attached.
STREET STRIPING
Company
AAA Striping Service Co.
Highway Technologies
Traffic Marking Service, Inc.
Fahrner Asphalt Sealers, LLC
CRACK SEALING
ComRany
Precision, Inc.
Fahrner Asphalt Sealers, LLC
Allied Blacktop Company
Asphalt Surface Technologies
SEAL COAT
Company
Allied Blacktop Company
Asphalt Surface Technologies
Pearson Brothers
Amount
$ 132,962.50
$ 140,939.24
$ 146,879.30
$ 164,395.35
Amount
$ 79,506.00
$ 85,680.00
$ 91,980.00
$ 91,980.00
Base Bid Amount Alternate Bid Amount
(Trap Rock) Granite
$ 1,499,709.66 $ 1,347,427.42
$ 1,720,288.90 $ 1,660,822.95
$ 1,789,232.40 $ 1,688,652.01
Analysis/Conclusions:
STREET STRIPING: The JPA low bid was submitted by AAA Striping of Rogers, Minnesota in the amount
of $l 32,962.50 (total for all cities). Funds are budgeted for this project in State Aid Maintenance ($4,000)
and the General Fund -Traffic Signs and Signals ($825}.
COUNCIL ACTION:
CITY COITNCIL LETTER
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT:
NO: PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2009-36 AWARDING BY: K. Hansen
STREET STRIPING, RESOLUTION 2009-37 AWARDING DATE: 3/5/09
CRACK SEALING AND RESOLUTION 2009-38
AWARDING SEAL COAT
of:
CTI'Y MANAGER
s' '
r
BY: "°
DATE: ~ ~f
CRACK SEALING: The JPA low bid was submitted by Precision, Inc. of Brooklyn Center, Minnesota in
the amount of $79,506.00 (total for all cities). Funds are budgeted for this project in State Aid Maintenance
or Project funds.
SEAL COAT: The JPA low bid was submitted by Allied Blacktop of Maple Grove, Minnesota, in the
amount of $1,499,709.66 (total for all cities) for Trap Rock, with an alternate bid of $1,347,427.42 (total for
all cities) for Granite cover aggregate. Public Works recommends accepting the base bid amount. From bid
prices in 2008, the cost of the trap rock aggregate decreased $0.20 per square yard to $0.53 and granite
aggregate decreased $0.24 per square yard. to $0.40. The cost of the asphalt emulsion increased $1.24 per
gallon to $2.49.
Recommended Motion: Move to waive the reading of Resolution No.2009-36, there being ample copies
available to the public.
Recommended Motion: Move to adopt Resolution No. 2009-36, being a resolution awarding the Joint
Powers Agreement Contract with the City of Coon Rapids for the 2009 Street Striping Project to AAA
Striping, based upon their low, qualified, responsible bid in the amount of $14.50 per gallon for Street
Markings and $75.00 per gallon for Symbol Markings with an estimated cost of $4,000 to be appropriated
from Fund 212-43190-4000 and $825 to be appropriated from Fund 101-43170-4000.
Recommended Motion: Move to waive the reading of Resolution No.2009-37, there being ample copies
available to the public.
Recommended Motion: Move to adopt Resolution No. 2009-37, being a resolution awarding the Joint
Powers Agreement Contract with the City of Coon Rapids for the 2009 Crack Sealing Project to Precision,
Inc., based upon their Iow, qualified, responsible hid in the amount of $0.63 per lineal foot for crack sealing
with an estimated. cost of $8,000 to be appropriated from Fund 2 1 2-43 1 90-4000 and $2,000 to be
appropriated from Fund 4I 5-51001-4000.
Recommended Motion: Move to waive the reading of Resolution No. 2009-38, there being ample copies
available to the public.
Recommended Motion: Move to adopt Resolution No. 2009-38, being a resolution awarding the Joint
Powers Agreement Contract with the City of Coon Rapids for the 2609 Seai Coat Project to Allied Blacktop
COUNCIL ACTION:
70
CITY C®UNCIL LETTER
ot:
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITY MANAGER
NO: PUBLIC WORKS .
ITEM: ADOPT RESOLUTION 2009-36 AWARDING BY: K. Hansen BY:
STREET STRIPING, RESOLUTION 2009-37 AWARDING DATE: 3/5/09 DATE:
CRACK SEALING AND RESOLUTION 2009-38
AWARDING SEAL COAT
Company, based upon their low, qualified, responsible bid in the amount of $2.49 per gallon of emulsion and
$0.53 per square yard of aggregate with an estimated cost of $26,160 to be appropriated from Fund 415-
50901-5130 and $61,000 to be appropriated from Fund 430-46323-5130.
Attachment: Resolutions
Bid Tabulation
COUNCIL ACTION:
71
RESOLUTION N0.2009-36
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
2009 STREET MAINTENANCE, STREET STRIl'ING PROJECT
TO AAA STRIPING
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
WI~REAS, pursuant to an advertisement for bids for 2009 Street Striping, bids were received,
opened and tabulated according to law. The following bids were received complying with the
advertisement:
Company Amount
AAA Striping $ 132,962.50
Highway Technologies $ 140,939.24
Traffic Marking Service $ 146,879.30
Fahrner Asphalt $ 164,395.35
WHEREAS, it appears that AAA Striping of Rogers, 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 on behalf of the City of Columbia Heights for 2009 Street Striping,
according to the specifications for said project and accepting Traffic Markings
Base Bid.
2. The City Manager of Columbia Heights is authorized to expend funds in
accordance with the terms of the 3oint Powers Agreement and the Bid
Documents.
City Street Striping Project shall be funded with 85% State Aid maintenance
funds and 15% general funds.
Dated this 9`" day of March 2009.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
72
RESOLUTION N0.2009-37
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
2009 STREET MAINTENANCE, CRACK SEALING PROJECT
TO PRECISION, 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 2009 Crack Sealing, bids were received,
opened and tabulated according to law. The following bids were received complying with the
advertisement:
Company Amount
Precision, Inc. $ 79,506.00
Fahrner Asphalt Sealers,LLC $ 85,680.00
Allied Blacktop Company $ 91,980.00
Asphalt Surface Technologies $ 91,980.00
WHEREAS, it appears that Precision, Inc. of Brooklyn Center, 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
Precision, Inc. on behalf of the City of Columbia Heights for 2009 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 80% State Aid maintenance funds
and 20% project funds.
Dated this 9'h day of March 2009.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
73
RESOLUTION N0.2009-38
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
2009 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 2009 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 Company $ 1,499,709.66 $ 1,347,427.42
Asphalt Surface Technologies $ 1,720,288.90 $ 1,660,822.95
Pearson Brothers $ 1,789,232.40 $ 1,688,652.01
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 2008 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 30% assessments and 70%
infrastructure fund.
Dated this 9`" day of March 2009.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, C~r1C
City Clerk
74
CITY Of COON RAPIDS TABULATION OF e1D3
BIOOPENING fEBRUARY 27, 2008,10:00 AJA. 2009 STREET MAINTENANCE MATERIALS
ANDOVER, RROOOKLYN CENTER, COLUMBIA HEIGHTS PROJECT 08-6
COON RAPIDS, EABT BETHEL, HAM LAKE, AND FftiDLEY
ASPHALT SURFACE ~T
I-- PROPOSAL ITEMS ALLIED BLACKTOP TECHNOIOGIE3 ~~ ~y~¢TR'p"'r ' FAHRNER ASPHALT _WGHWAY TRAFFIC MARKING (-~
PEARSON EROS ~~., ~.,..
CITE COUNCIL LETTER
Meeting of: 3/9/09
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ACCEPTANCE OF THE CITY PEDESTRIAN BY: BY: K. Hansen BY: G= ~ ~~
/ ~..F$'v
AND BICYCLE MOBILITY PLAN DATE: 3/3/09 DATE: ~`
RENLIl~TDER: Please bring the plan document distributed at the March 2°d Work Session.
background:
In 2007 the City of Columbia Heights was awarded an Active Community Planning Grant from Blue
Cross Blue Shield (BCBS), in the amount of $23,000. The purpose of the grant was to prepare a Pedestrian
Mobility and Bikeway Plan for Columbia Heights, concurrent and integrated with our Comprehensive Plan
2008 update. The plan has been completed in accordance with Blue Cross grant requirements and is
attached herein.
Analysis/Conclusions:
When applying for other Federal and State transportation grants for funding improvements, staff found one
of the submittals often required was a City Pedestrian Mobility Plan (sidewalk and trail plan) that we were
previously unable to provide. Preparation of this sidewalk and trail plan is also consistent with the
recommendations of the Minnesota Design Team, which recommended a city wide bike loop, and making
pedestrian connection to other city parks and resources outside the city, such as to the Upper Mississippi
River Corridor trail in Fridley, Columbia Park in Minneapolis, and St. Anthony Village.
A principle of the BCBS grant program was to integrate Active Living Principles into the plan (7 principles,
pg 3). The Plan focuses on two fundamental goals: I. To improve the City's pedestrian and bicycle
environment and network; and. 2. To promote walkway and biking as a safe, comfortable ,accessible and
attractive means of travel. The plan does this by addressing the following key items:
o Elements of an effective pedestrian an bicycle network.
o Current pedestrian and bicycle facilities/conditions.
o Challenges /Opportunities /Needs.
o Recommendations for improvements.
The Plan was prepared by the consultant firm of Bonestroo and is divided into five primary sections:
1. Introduction
2. Background (review of past planning documents)
3. Plan Development: Rapid Health Impact Assessment (HIA)
COUNCIL ACTION:
76
CITY COUNCIL LETTER
Meeting o£ 3/9/09
', AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
~~ NO: PUBLIC WORKS
ITEM: ACCEPTANCE OF THE CITY PEDESTRIAN BY: BY: K. Hansen BY:
AND BICYCLE MOBILITY PLAN DATE: 3/3/09 DATE:
4. Current Conditions
5. Goals: Recommendation & Action Steps
The pedestrian and bicycle mobility plan is intended to be used as a guiding document, for consideration of
pedestrian and/or bicycle improvements and to be used as a support plan when applying for grant funding.
Recommended Motion: Move to adopt the Pedestrian and Bicycle Mobility Plan prepared by Bonestroo in
accordance with the Blue Cross Blue Shield Active Living Grant guidelines.
KH:kh
Attachment(s): Pedestrian and Bicycle Mobility Plan
Pedestrian and Bicycle Plan Goals
COTrIvCIL ACTION:
77
Pedestrian and Bicycle Plan Goals:
• Incorporate policies that promote pedestrian and bicycle use in all future planning
initiatives.
• Consider improvements to the pedestrian and bicycle network as integral to all
future land use/development decisions.
• Continually identify and improve pedestrian and bicycling system deficiencies
and barriers.
• Enhance the attractiveness and. convenience of walking and bicycling as a
transportation modal choice.
• Improve bicyclist and pedestrian safety.
• Provide more opportunities for physical activity by expanding the bike and
pedestrian network.
• Encourage modal shift from cars to bike or pedestrian for daily commuting.
• Enhance walkability and bikability of the city's principal retail corridors Central
Avenue.
• Emphasize enhanced access through strategic and direct connections to the area's
most popular destinations.
• Address the special needs of vulnerable or underserved groups.
• Promote social interaction.
• Promote farmers markets.
7$
CITY COUNCIL LETTER
Meeting o£ 3/9/09
AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
~. ~
ITEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K. Hansen BY: ~` ;~' ~
THE 49TH AVENUE PEDESTRIAN BRIDGE DATE: 3/3/09 DATE: ~ ',
Background:
Over the last several years, the City has sought funding to replace the pedestrian bridge over TH 65 on 49t"
Avenue. Funding application has included Federal and State sources and most recently the Federal Stimulus
Program. The bridge provides a key link over a high traffic route (30,000 vehicle per day), to destination
including schools, parks and retail sites.
A new structure would replace an existing pedestrian /bicycle bridge built in 1970 that is not ADA
compliant. The concrete steps now require constant maintenance to repair chipping and chunking out. The
bridge is difficult to get up and down at various times of the year. The bridge steps do include a steel "rail"
to accommodate a ro1_ling bicycle, but it is very difficult for many people including most children to
maneuver their bikes within the rail as they walk it up or down the steps. Pedestrians with limited mobility
must cross the busy, 4-lane TH 65 at grade, which is unsafe because there is presently no pedestrian crossing
facility at grade at this location.
Analysis/Conclusions:
The City has received interest from various departments at MnDOT through the Stimulus application, but the
interest has centered on questioning where the City is in development of the bridge. The Federal Stimulus
Program criterion requires `shovel ready' projects (see attached MnDOT info sheet). The would require the
bridge project to have all right-of--way acquired and plans ready for review. Under a rush scenario, this
would require 60-90 for plans and 90-120 days for ROW. For any federal. funding, project requires what is
called a Project Memorandum. This follows federal requirements that detail the project scope and any
associated issues such as environmental and ROW. 1n addition, there are several preliminary issues that have
not been discussed or addressed such as a new bridge type and the best way to provide ADA accessibility -
though switchbacks or spiral approaches.
To improve the City's position for future funding applications, staff is requesting professional services to
complete a Project Memorandum and a site layout of a new bridge. The site layout would involve concept
layout to develop option for the approaches and a bridge type. Determining the bridge approaches will also
allow the City to determine and establish ROW needs. Having project development this far will provide
more accurate cost estimates and better position the City of Columbia Heights for competitive grant funding
request at both the Federal and. State levels. Funding would be provided out of the City's State Aid account,
CO3NCIL ACTIOri:
79
CITY COUNCIL LETTER
Meeting of: 3!9/09
AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS r
ITEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K. Hansen BY:~e~' ~ ~ t ~'G°°',
THE 49TH AVENUE PEDESTRIAN BRIDGE DATE: 3/3/09 DATE:
and may be reimbursed once funding is secured.. Staff prepared RFP's for professional services, copies of
which are attached. Proposals were received on Friday, February 27, 2009 and presented for consideration at
the work session of March 2'`", 2009. Staff requested that these proposals be brought to the regular
council meeting March 9t~. Attached is a ranking grid of the proposals received, supporting staff's
recommendation of the firm of Bonestroo.
Recommended Motion: Move to accept the proposal from Bonestroo in the amount of $22,890, for
professional services and furthermore, authorize the Mayor and City Manager to enter into an agreement for
the same.
KH:kh
Attachment(s): MnDOT Stimulus Info Sheet
Pedestrian Bridge RFP
Ranking Grid
CO'i3NCIL ACTION:
80
Program Development Principles
^ Project readiness
^ Environmental status, R/W availability, etc.
^ Consistency with performance based plans/needs
^ Commitment to make a lasting transportation need
^ Statewide coverage
^ Create jobs statewide
^ Balanced program
^ Use full capacity of construction industry
Program Delivery
^ Project development
^ Lessons learned from past projects
^ This is not "business as usaral "
^ Expedited delivery processes
^ Letting schedule
^ Spaced every 14 days starting March 13
^ Driven by delivery time lines in Economic Recovery Act
^ Projects distributed throughout letting schedule
wive as many possibilities to bid contracis as possible
^ WiII be monitoring inflation closely
8t
49th AVENUE PEDESTRIAN BRIDGE -ENGINEERING SERVICES
City Project 2009-06
REVIEW MATRIX: Rating of 1 - 10, 10 being the highest.
CRITERIA
Understands Project Detail & Project Costs Qualifications/ Firm Past Time Frame Written
Fli"nl Requirements Approach Scope Project Team Experience. Performance To Complete Propos<
BRA
SEH
KmHn
9 10 10 9 9 9 9 9 10 84
9 8 9 10 9 9 9 0 8 80
9 8 9 8 9 8 9 9 8 77
82
CITY COUNCIL LETTER
Meeting of: 3/9/09
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS f ,~
ITEM: ACCEPTANCE OF A PUBLIC SAFETY GRANT BY: K. Hansen BY: '~ ~,~~
IN THE AMOUNT OF $20,925 FOR 800 MHZ RADIOS DATE: 3/3/09 DATE:
Background:
In 2003, Anoka County began the process of replacing the Public Safety Radio Communication system in
the county from analog to 800 MHz digital system. A Joint Powers Agreement was formed between the
County and Cities for participation in the new radio systems and allocation of radios to the communities. As
part of the construction of the countywide system, an antenna was placed. on the City's water tower in 2004.
Analysis/Conclusions:
Following the County's transition to an 800 MHz radio system, the City Police and Fire migrated off the old
analog radio frequency and acquired all new 800 MHz radios for their staff. The result is that Police and Fire
Departments operate on 800 MHz radios, as does the Anoka County Sheriffs and County Public Vtlorjes
Departments. Public Works current radio is an old analog and will need frequency conversion in 2010, as the
license will expire. This radio system is also not compatible and cannot be made compatible with the new
800 MHz system, removing radio and emergency communications between Public Works and Police and
Fire. In 2008, the police department `loaned.' Public Works 10 radios for use and to determine their
effectiveness.
Subsequently, Public Works desires to move our day-to-day operations over to 800 MHz to allow and
encourage interoperability and direct communication with Columbia Heights Police and Fire and well as the
Anoka County Sheriff and Public Works. The Metropolitan Emergency Services Board came out with a
grant program at the end of 2008, oriented toward and promoting Public Works agencies use of the 800 MHz
system (Public Safety Interoperabitity Communications or PSIC Grant). Staff applied for and received a
grant which included a base station and 12 portable radios that will support our conversion over to the 800
MHz radio system. The grant program requires an 80/20 cost share. The 20% share for the Public Works
department amounts to $5,231, and will be spread over 8 departments ($653 each). Acceptance of the grant
will provide $26,100 of equipment and allow the complete conversion to an 800 MHz system, and reinstate
communications with. emergency services in the County.
Public ~Jorks ability to communicate directly with the Cities police and fire departments is not only a benefit
to us, but also a benefit to the residents of Columbia Heights. Our employees are constantly out and about in
the community and will be able to report any activity that needs to be brought to the attention of our
emergency services departments as it happens (and vice-versa), rather than having to relay the incident
.''OUNCiL ACTION:
83
CITY COUNCIL LETTER
Meeting of 3/9/09
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ACCEPTANCE OF A PUBLIC SAFETY GRANT BY: K. Hansen BY:
IN THE AMOUNT OF $20,925 FOR 800 MHZ RADIOS DATE: 3/3/09 DATE:
through a third party. Acquiring the additional radios to move our day-to-day operations to 800 MHz will
also benefit our interoperability with our surrounding communities in time of emergency.
Exhibit B of the grant agreement lists the equipment to be purchased through the grant. All equipment is
available off of the State of Minnesota Purchasing Agreement for 2009. Additionally, rebates are available
from Motorola through March of 2009 reducing the purchase cost by an additional $2,400. The City costs of
$5,181..63 shall be funded by Public Works minor equipment in eight departments, equally ($648).
Recommended Motion: Move to accept the PSIC Grant in the amount of $20,925.27for the purchase of a
800 MHz radio system, and furthermore authorize the Mayor and City Manager to enter into an agreement
for the same.
Recommended Motion: Move to authorize the purchase of one base station and 12 - 800 MHz radios, plus
appurtenances from the State of Minnesota Purchasing Contract in the amount of $26,106.90.
KH:kh
Attachment(s): PSIC Grant Agreement
Ct;UNCIL ACTION:
84
SUB-GRANT AGREEMENT
This Sub-Grant Agreement (the Agreement) is entered into on this ninth day of March,
2009, by and between the Metropolitan Emergency Services (Sub-Grantor), a Minnesota Regional
joint powers board under the provisions of Minnesota Statutes, Section 403.39 and 471.59, and the
City of Columbia Heights, a Municipal Corporation, (Sub-Grantee).
RECITALS
WHEREAS, in April 2008, the Minnesota Department of Public Safety (MDPS) received a
grant of monies from the United States Department of Commerce for improvements to the Public
Safety Interoperable Communications System (PSIC); and
WHEREAS, the MDPS has entered into an agreement with Sub-Grantor (the MDPS
Agreement}, a copy of which is attached hereto as Exhibit A, on or about December 10, 2008; and
WHEREAS, it is a req~airemert of±he iJni±ed States Department of Commerce grant that
the granted monies be used. to supplement, not supplant or replace, funds appropriated from the
State of Minnesota or the Sub-Grantee; and
WHEREAS, the MDPS Agreement has imposed on the Sub-Grantor certain requirements
and obligations to insure that grant funds are expended. by Sub-Grantors for authorized activities
and that appropriate records and certifications are prepared and maintained; and
WI3EREAS, the Sub-Grantor and Sub-Grantee are desirous of entering into the Sub-Grant
Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, Sub-
Grantor (Metropolitan Emergency Services Board) and Sub-Grantee (City of Columbia Heights) do
hereby agree as follows:
Term of Sub-Grant Contract.
1. Effective date. This Agreement shall be effective on the date Sub-Grantee's grant
request, a copy of ~.vhich is attached hereto and incorporated herein by reference as Exhibit B (Grant
Request), is approved by the Sub-Grantor and this agreement executed by the parties.
2. Expiration Date. This Agreement shall expire and be of no further force or effect
on the earlier of the following:
a) September 30, 2010.
b) The disbursement to Sub-Grantee the sum of $20,925.27
85
II. Grant of Monies.
The Sub-Grantor agrees to make available to Sub-Grantee a grant of up to $20,925.27 to
reimburse Sub-Grantee for the acquisition of the interoperable radio communications equipment
identified on the attached Exhibit B, which is incorporated herein and made a part hereof. Sub-
Grantee shall use the proceeds of the Grant only for the purchase of the equipment identified in
Exhibit B, Sub-Grantee's reimbursement shall be limited to a maximum of 80% of the cost to
purchase the equipment, and Sub-Grantee must provide a 20% match for such cost. The 20% match
is calculated using the following formula: ((grant amount x 100) - 80) /grant amount.
III. Sub-Grantee Representations and Warranties.
With respect to this Grant, Sub-Grantee represents and warrants to Sub-Grantor as follows:
1. It has the legal authority to enter into, execute and deliver this agreement, and it has
taken or will take prior to disbursement of any Grant proceeds all actions necessary to the execution
and delivery of this agreement and has the legal authority to purchase the eq?~ipment identified in
Exhibit B.
2. This Agreement is a legal, valid and binding obligation of the Sub-Grantee and is
enforceable against the Sub-Grantee according to its terms.
It will comply with all of the terms, conditions, and warranties in this Agreement.
4. To the best of its knowledge, it has made no material false statement of fact in
connection with its receipt of this Grant, and all of the information previously submitted to Sub-
Grantor or which it will submit to the Sub-Grantor in the future relating to this Grant or the
disbursement of any of the Grant is and will be true and correct.
5. It will use the Grant proceeds solely far expenditures to purchase the equipment
identified on Exhibit B. Provided, however, that Sub-Grantee may use Grant proceeds to purchase
other interoperable radio equipment for the PSIC Grant, so long as such equipment is listed on the
Statewide Radio Board's approved equipment list. In no case shall such substituted use of Grant
proceeds increase the Grant amount.
6. It has or will comply with the matching fund requirements of Section IV 2 of this
Agreement.
IV. Consideration and Payment.
Sub-Grantor will reimburse Sub-Grantee for all eligible and approved expenditures under
this Sub-Grant Agreement as follows:
$20,925.27.
Compensation. Sub-Grantee will be reimbursed in an amount not to exceed
86
2. Matching Requirements. Sub-Grantee agrees that it will expend at least $5,231.32
from its own funds or other non-grant sources as a match for grant reimbursement.
3. Total Obligation. The total obligations of the Sub-Grantor to Sub-Grantee shall not
exceed. the sum of $20,925.27,
4. Payment.
a) Invoices. The Sub-Grantor will promptly pay the Sub-Grantee upon submission of
an invoice from the Sub-Grantee and the Sub-Grantor's Representative accepts the
invoiced services. Invoices must be submitted in a timely manner. All requests for
reimbursement must be submitted to the Sub-Grantor by June 30, 2010.
Sub-Grantee must certify that the reimbursements and payments are accurate and
appropriate based on the approved plan; that Sub-Grantee has verified the
completion of the project or phase and that Sub-Grantee has obtained documentation
of actual expenditures for which reimbursement is sought including copies of its
itemized. invoices and payment verification.
b) Sub-Grantee's reimbursement requests to the Sub-Grantor shall include a summary
report showing the following information: total budget showing both the contribution
and grant funds, if applicable; previous expenditure and reimbursements made, if
applicable; and the amount of current reimbursement request, if applicable.
5. Conditions of Payment. All services provided by the Sub-Grantee under this grant
contract must be performed to the Sub-Grantor's and. State's satisfaction, as determined at the sole
discretion of the State's Authorized Representative and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations. Sub-Grantee will not receive payment for
work found by the State or Sub-Grantor to be unsatisfactory or performed in violation. of federal,
state, or local law.
V. Miscellaneous
1. Authorized Representative. The Sub-Grantor's Authorized Representative is Jill
Rohret, or her successor, and has the responsibility to monitor Sub-Grantee's performance and the
authority to accept the services provided under this grant contract. If the services are satisfactory,
the Sub-Grantor's Authorized Representative will certify acceptance on each invoice submitted for
payment.
Sub-Grantee's Authorized Representative is Walt Fehst, City Manager, 590 40`h Avenue NE,
Columbia Heights, MN 55421 (763.706.3608). If Sub-Grantee's Authorized Representative
changes at any time during this grant contract, Sub-Grantee must immediately notify the Sub-
Grantor in writing.
2. Assignment, Amendments, aiver, and Grant Contract Complete.
a) Assignment. Sub-Grantee may neither assign nor transfer any rights or obligations
under this grant contract without the prior consent of the Sub-Grantor and a fully
3
87
executed Assignment Agreement, executed and approved by the same parties who
executed and approved this grant contract, or their successors in office.
b) Amendments. Any amendment to this grant contract must be in writing and will
not be effective until it has been executed and approved by the same parties who
executed and approved the original grant contract, or their successors in office.
c) Waiver. If the Sub-Grantor fails to enforce any provision of this grant contract, that
failure does not waive the provision or its right to enforce it.
d) Grant Contract Complete. This grant contract contains all negotiations and
agreements between the Sub-Grantor and Sub-Grantee. No other understanding
regarding this grant contract, whether written or oral, may be used to bind either
party.
3. Liability. Sub-Grantee must indemnify, save, and hold the Sub-Grantor, its agents,
and employees harmless from any claims or causes of action, including attorney's fees incurred by
the Sub-Grantor arising from the performance of this grant contract by Sub-Grantee or Sub-
Grantee's agents or employees. This clause will not be construed to bar any legal remedies Sub-
Grantee may have for the Sub-Grantor's failure to fulfill its obligations under this grant contract.
Nothing in this section shall constitute or be deemed a waiver by Sub-Grantee of its statutory or
common law immunities or limitations of liability, if any. Sub-Grantee shall maintain such books
and records as will satisfactorily demonstrate to Federal, State, and Sub-Grantor's Auditors that
Sub-Grantee has not used Grant monies to supplant or substitute for local funds. If upon such audit
the auditing agency determines that Grant fiords have been used to supplant, rather than supplement,
local funds, and levies any penalties or Ernes, or requires refund of any Grant monies, Sub-Grantor
agrees that it shall be responsible for such penalties, fines, or refundment, and shall hold the sub-
Grantor harmless therefrom.
4. State Audits. Under Minn. Stat. § 16C.05, subd. 5, Sub-Grantee's books, records,
documents, and accounting procedures and practices relevant to this grant contract are subject to
examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a
minimum of six years from the end of this grant contract.
5. Government Data Practices. Sub-Grantee and Sub-Grantor must comply with the
Minnesota Government Lata Practices Act, Minn. Stat. Ch. 13, as it applies to ail data provided by
Sub-Grantee under this grant contract, and as it applies to alt data created, collected., received,
stored, used, maintained, or disseminated by Sub-Grantee under this grant contract. The civil
remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either
Sub-Grantee or the Sub-Grantor. If Sub-Grantee receives a request to release the data referred to in
this Clause, Sub-Grantee must immediately notify the Sub-Grantor. The Sub-Grantor will give
Sub-Grantee instructions concerning the release of the data to the requesting party before the data is
released.
6. orkers' Compensation. Sub-Grantee certifies that it is in compliance with Minn.
Stat. § i 76. i 81, subd. 2, pertaining to workers' compensation insurance coverage. Sub-Grantee's
employees and agents will not be considered Sub-Grantor employees. Any claims that may arise
under the Minnesota Workers' Compensation Act on behalf of these employees and any claims
4
as
made by any third party as a consequence of any act or omission on the part of these employees are
in no way the Sub-Grantor's obligation or responsibility.
7. Publicity and Endorsement.
a) Publicity. Any publicity regarding the subject matter of this grant contract must
identify the State as the sponsoring agency and must not be released without prior
written approval from the State's Authorized Representative. For purposes of this
provision, publicity includes notices, informational pamphlets, press releases,
research, reports, signs, and similar public notices prepared by or for the Sub-
Grantee individually or jointly with others, or any subcontractors, with respect to the
program publications, or services provided resulting from this grant contract.
b) Endorsement. Sub-Grantee must not claim that either the State or the Sub-Grantor
endorses its products or services.
8. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its
choice_of la~x~ provisions, governs this grant contract. Venue for all legal proceedings out of this
grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
9. Termination.
a) Termination by the Sub-Grantor. The Sub-Grantor may cancel this grant contract
at any time, with or without cause, upon 30 days' written notice to the Sub-Grantee.
Upon termination, the Sub-Grantee will be entitled to payment, determined on a pro
rata basis, for services satisfactorily performed.
b) Termination for Insufficient Funding. The Sub-Grantor may immediately
terminate this grant contract if it does not obtain funding from the Minnesota
Department of Public Safety, or other funding source; of if funding cannot be
continued at a level sufficient to allow for the payment of the services covered here.
Termination must be by written or fax notice to Sub-Grantee. The Sub-Grantor is
not obligated to pay for any services that are provided after notice and effective date
of termination. However, Sub-Grantee will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed to the extent that funds are
available. The Sub-Grantor will not be assessed any penalty if the grant contract is
terminated because of the decision of the Minnesota Department of Public Safety, or
other funding source, not to appropriate funds. The Sub-Grantor must provide Sub-
Grantee notice of the lack of funding within a reasonable time of the Sub-Grantor
receiving that notice.
10. Data Disclosure. Under Minn. Stat. § 2740.65, and other applicable law, Sub-
Grantee consents to disclosure of its social security number, federal employer tax identification
number, and/or Minnesota tax identification number, already provided to the State, to federal and
state tax agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state tax laws which could
s9
result in action requiring Sub-Grantee to file state tax returns and pay delinquent state tax liabilities,
if any, or pay other state liabilities.
11, Dispute Resolution. In the events of a dispute between the Sub-Grantor and any
other party to this agreement as to the terms of this agreement, the parties to the dispute shall submit
such dispute to mediation before commencing litigation. The costs of such mediation shall be
shared equally by the parties to the mediation.
12. Grants Over $100,000.00. If the Grant exceeds $100,000.00, Sub-Grantee must
complete a Certification Regarding Lobbying in the form attached hereto as Exhibit C.
SUB-GRANTOR
SUB-GRANTEE
By: By;
Its: Its:
Dated:
By:
Its:
Dated:
Approved as to Form:
By:
Assistant Ramsey County Attorney
Dated:
Mayor
Dated:
By:
Its: City Manager
Dated:
Approved as to Form:
By:
Dated:
6
90
E IT A
SLIB-GRANTOR/STATE AGREEMENT
91
E IT B
EQUIPMENT TO BE PURCHASED
Include Cost Estimates
Attached.
92
__ ___.
MOTOROLA /NC. ANCOM COMMUNICATIONS, INC.
Pre d t D D '
Date: Feb. 25, 2009
Quote #: 20927
pare can amnger Phone: 763.755.3377 Fax: 763.755.4111 Contract #: 437255
Model Description
Portable Radio
List Price APC Discount Contract Price Totai Price
12 H66UCD9PW5-N Motorola XTS 1500 Model I.5 / 48-channel / 800MHz Display $ 750.00 25% $ 562
50 $
12
Q574
Software 9600 Baud (MN Metro Pkg.)
$
930
00
25%
$ .
697 6,750.00
. .50 $ 8,370.00
(includes options; Q806 -CAI operation,
Q361 - Astro 25 software, H38 - Smartzone,
Q173 - Omnilink & H14 - PTT ID display)
12 Q393 1750mAH NiMH FM Battery (NTN9857) $ 47.00 25% $ 35.25 $ 423
00
12 H885 2-Year E.S.P. (3-year total warranty) $ 84.00 0% $ 84.00 $ .
1,008.00
12 XXXX Q1 Promotion, must order by 3-20-09
Consolette/Base with Remotes
1 L20URS9PVV1 N XTL 5000 Consolette $ 3,180.00 32% $ 2,162.40 $ 2
162,40
1 G$1 NO RADIO REMOTE "W9" 800MHz / 35 watts $ 380,00 32% $ 258
40 $ ,
258
4
1
G806 DISPLAY
Astro Digital CAI Operation Software
$
515
00
32%
$ .
350
0 .
0
1
G361
Astro P25 Software
$ .
300
0 .2 $ 350.20
1 .
0 32% $ 204.00 $ 204.00
G51 Smartzone/Singlezone System Software $ 1,500.00 32% $ 1,020.00 $ 1,020.00
1 G114 Enhanced P-T-T ID Display $ 75.00 32% $ 51.00 $ 51
00
1 L791 Audio Intertace for MC3000 Remotes $ 150.00 32% $ 102.00 $ .
102
00
1 G24 ADD: 2-Year Express Service Plan $ 121.00 0% $ 121.00 $ .
121
00
1 G193 ADP Software DSP Base Encryption $ 10.00 0% $ 10.00 $ .
10.00
LINE ITEM TOTAL
. A~~thurr~cd 7sva 6~~ry
Hac9~o Lle~ic?r
93
1.
. ~
N T t. . 6 ~ 1 ~.. , `~',.
fr :: Le`M1,71 ..., '- itt~. Cl"i d~..~t'C~'`t .~'*~-'~~;~. ~... ..., ; _.
Special Instructions And/Or Billing: (For the purchase order.)
Purchase order is made out to; Motorola Communications Enterprise
13108 Collections Center Drive
Chicago, IL 60693
Piease nclude on the.purchase,arder:
Payment per State contract. BBQ, 20927
State Contract number, 437255
Tax exempt per M.S. 297A:Subd. D.8.
Fax copy of Purchase order to 763.755.4111 Attn: Deane
::~ ~ w T ~ ,
94
,.., ~ ~"
~~sPhartzed 1 nFrx W~ty.
H~dio tTe~ler
CITY COUNCIL LETTER
Meeting o£ March 9. 2009
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Adopt Resolution 2009-31 calling fora BY: Scott Clark BY: ;,.~` ,~''~ '
Public Hearing on the proposed adoption DATE: March 2, 2009
of a modification to the Downtown Central
Business District Revitalization Plan
At the December $, 2008 City Council meeting staff was given direction to proceed with work necessary to expand
the T4 (Kmart) Tax Increment District. As part of the process, the EDA on February 24, 2009 passed a motion
asking the City Council to set a formal public hearing date for the TIF Plan and geographical boundary amendment.
At that time, staff anticipated being ready for an April hearing but due to the level of work necessary to complete this
action the motion being recommended is for a May 11, 2009 public hearing.
Recommendation: Staff recommends approval of the motion as written.
Recommended Motion:
Move to waive reading of Resolution 2009-31 there being ample copies available to the public.
Move to adopt Resolution 2009-31 Resolution calling for a Public Hearing on May 11, 2009, by the City
Council on the Proposed Adoption of a Modification to the Downtown Central Business (CBD) Revitalization
Plan and the proposed Adoption of a Modification to the Tax Increment Financing Plan far the Kmart/Central
Avenue Tax Increment Financing District, A Renewal and Renovation District
Attachment: Resolution 2009-31
CO1JN~'-',iL A~r..TIOI`v:
95
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CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
STATE OF lYIINNESOTA
RESOLUTION N0.2009-31
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL
ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE
DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION
PLAN AND THE PROPOSED ADOPTION OF A MODH+'ICATION TO THE TAK
INCREMENT FINANCING PLAN FOR THE K-MART/CENTRAL AVENUE
TAX INCREMENT FINANCING DISTRICT, A RENEWAL AND RENOVATION
DISTRICT.
BE IT RESOLVED by the City Council (the "Council") for the City of Columbia Heights, Minnesota (the
"City"), as follows:
Section 1. Public Hearins. This Council shall meet on May 11, 2009, at approximately 7:00
P.M., to hold a public hearing on the proposed adoption of a Modification to the Downtown Central
Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and the proposed
adoption of a Modification to the Tax Increment Financing Plan for the K-Mart/Central Avenue Tax
Increment Financing District, which are referred to collectively herein as the "Modifications", all pursuant
to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082, and Sections 469.174 to
469.1799, inclusive, as amended, primarily to expand the boundaries of the TIF District and accomplish
certain additional redevelopment goals within the expanded TIF District; and
Section 2. Notice of Public Hearing Filing of Modifications. City staff is authorized and
directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents
to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 47.
The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map
as required by law, to be published at least once in the official newspaper of the City not later than 10, nor
more than 30, days prior to May 11, 2009, and to place a copy of the Modifications on file in the City
Clerk's office at City Hall and to make such copy available for inspection by the public.
Passed this 9`'' day of March, 2009
Offered by:
Seconded by:
Roll Call
ATTEST:
Mayor Gary L. Peterson
Patty Muscovitz, CMC City Clerk
97
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: March 9, 2009
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Adopt Resolution 2009-32, being a BY: Jeff Sargent, City Planner BY: ~ ,,~ f ~~
Resolution Approving a Conditional Use DATE: March 4, 2009
Permit a digital LED sign at 4910 Central
Avenue.
BACKGROUND:
On January 12, 2009, the City Council approved a variance for the proposed monument sign for the Sonic Restaurant
located at 4910 Central Avenue. Since that time, it was determined that a Conditional Use Permit (CUP) would also
be required prior to the issuance of a building permit for the monument sign.
The City of Columbia Heights just recently approved a Zoning Amendment that requires a CUP for all new digital
LED signs installed within the City. At this time, the applicant is requesting a CUP in order to comply with the City
Code.
The proposed sign will meet all the minimum requirements set forth in the Sign Code as they related to digital
LED signs.
RECOMMENDATION:
The Planning Commission recommended approval of the Conditional Use Permit with a 4-0 vote at the March 3,
2009 Planning Commission meeting.
RECO ED MOTION:
Move to waive the reading of Resolution 2009-32, there being ample copies available to the public.
Move to adopt Resolution Nc. 2009m32, approving a Conditional Use Permit far a digital LED sigr. for the Sonic
Restaurant located at 4910 Central Avenue, subject to the conditions outlined in Resolution No. 2009-32.
98
RESOLUTION N0.2009-32
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
SONIC RESTAURANT
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (C'ase #2009-0302) has been submitted by Sonic Restaurant to the City
Council. requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 4910 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.106 (P)(13)(c)1, to allow a dynamic LED sign in the GB, General Business
District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on March 3, 2009;
WHEREAS, the City Council has considered the advice and recommendations of the PlamZing
Commission regarding the effect of the proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings of the
Planning Commission:
1. The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character ofthe surrounding area.
6. The use and property upon which the use is Located are adequately served by essential public
facilities and services.
Resolution No. 2009-32
2
7. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
8. The use will not cause a negative cumulative effect, when. considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree
that this permit shall become null and void if the project has not been completed within one 1
cczlendczz~ eaz~ after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
t . The dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and
graphic area. The remainder of the sign must not have the capability to have dynamic LED
signs, even. if not used. Only one, contiguous dynamic display area is allowed on a sign face.
2. The dynamic LED sign may not change or move more often than once every ten. (10)
minutes, except one for which changes are necessary to correct hour-and-minute, date, or
temperature information.
3. A display of time, date or temperature information. may change as frequently as once every
ten (10) seconds, however information displayed not relating to the date, time or temperature
must not change or move more often than once every ten (10} minutes.
4. The images and messages displayed must be static, and the transition from one state display
to another must be instantaneous without any special effects. l~gotion, animation and video
images are prohibited on dynamic LED sign displays.
5. The images and messages displayed must be complete in themselves, without continuation. in
content to the next image or message or to any other sign.
o. The dynamic LED signs must be designed and equipped to freeze the device in one position
if a malfunction shall. occur. The displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign owner must immediately
stop the dynainie display when notified by the city that it is not complying with the standards
of this ordinance.
Resolution No. 2009-32
The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per
square meter) during daylight hours and a maximum illumination of 500 nits (candelas per
square meter) between dusk to dawn as measured from the sign's face at maximum
brightness. The dynamic LED signs must have an automatic dimmer control to produce a
distinct illumination change from a higher illumination level to a lower level for the time
period between one-half hour before sunset and one half-hour after sunrise.
Passed this 9"' day of March 2009
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2009-0302
DATE: March 3, 2009
TO: Columbia Heights Planning Commission
APPLICANT: Sonic Restaurant
LOCATION: 4910 Central Avenue
REQUEST: Conditional Use Permit for LED Sign
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
On January 12, 2009, the City Council approved a variance for the proposed monument
sign for the Sonic Restaurant located at 4910 Central Avenue. Since that time, it was
determined that a Conditional Use Permit (CUP) would also be required prior to the
issuance of a building permit for the monument sign.
The City of Columbia Heights just recently approved a Zoning Amendment that requires
a CUP for all new digital LED signs installed within the City. At this time, the applicant is
requesting a CUP in order to comply with the City Code.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area far commercial development that
includes goals for commercial and economic development. These goals include:
strengthening the image of the community as a desirable place to live and work,
providing opportunities and mechanisms for successful redevelopment of targeted
areas, preserving and enhancing the existing commercial areas within the community,
advocating high quality development and redevelopment within the community, and
enhancing the economic viability of the community. The applicant's proposal for a
digital LED sign is consistent with these goals, as the sign will be used for a new
commercial redevelopment.
ZONING ORDINANCE
The praperty located at 4910 Central Avenue NE is zoned GB, General Business, as
are the properties to the north and east. The properties to the west are zoned P.-2A and
City of Columbia Heights Planning Commission March 3, 2009
Sonic Restaurant - l_ED Signage Case # 2009-0302
R-2B, One and Two Family Residential. The property to the south is located in the City
of Hilltop. Digital LED signs are permitted as a Conditional Use in the GB, General
Business District.
FINDINGS OF FACT
Section 9.104 (H} of the Zoning Ordinance outlines nine conditions that must be met in
order for the City Council to grant a Conditional Use Permit. They are as follows:
(a} The use is one of the conditional uses listed for the zoning district in which the
property is located, or is a substantially similar use as determined by the
Zoning Administrator.
Digital LED signs are specifically listed as a Conditional Use in the GB, General
Business District.
(b) The use is in harmony_ with the general purpose and intent of the
Comprehensive Plan.
The Comprehensive Plan designates this area for commercial development that
includes goals for commercial and economic development. These goals include:
strengthening the image of the community as a desirable place to live and work,
providing opportunities and mechanisms for successful redevelopment of
targeted areas, preserving and enhancing the existing commercial areas within
the community, advocating high quality development and redevelopment within
the community, and enhancing the economic viability of the community. The
applicant's proposal for a digital LED sign is consistent with these goals, as the
sign will be used for a new commercial redevelopment.
(c) The use will not impose hazards or disturbing influences on neighboring
properties.
The applicant will have to abide by specific development standards as they relate
to LED signs. These standards were adopted to help ensure a limiting disturbing
influence on neighboring properties. Given the location of the proposed sign and
its orientation to Central Avenue, staff feels that the use will not impose hazards
on the neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate
vicinity.
The use of property in the immediate vicinity will not be diminished by the
placement of a digital LED sign at 4910 Central Avenue.
Page 2
100
City. of Columbia Heights Planning Commission March 3, 2009
Sonic Restaurant -LED Signage Case # 2009-0302
(e) The use will be designed, constructed, operated and maintained in a manner
that is compatible with the appearance of the existing or intended character of
the surrounding area.
The applicant will have to abide by specific development standards as they relate
to LED signs. These standards will help ensure compatibility with the
appearance of the existing surrounding area.
(f) The use and property upon which the use is located are adequately served by
essential public fiaciiities and services.
This is correct.
(g) Adequate measures have been or will be taken to minimize traffic congestion
on the public streets and to provide for appropriate on-site circulation of
traffic.
The use of a digital LED sign at this location will not affect traffic.
(h) The use will not cause a negative cumulative effect, when considered in
conjunction with the cumulative effect of other uses is the immediate vicinity.
By subjecting the use of a digital LED sign to specific development standards, it
is intended that the use will not cause a negative cumulative effect.
(i) The use complies with all other applicable regulations for the district in which
it is located.
This is correct.
RECOMMENDATION
Staff recommends approval of the proposed CUP for a digital LED sign for the new
Sonic Restaurant located at 4910 Central Avenue.
Motion: That the Planning Commission recommends that the City Council approve the
Conditional Use Permit for a for a digital LED sign for the new Sonic Restaurant located
at 4910 Central Avenue, subject to certain conditions of approval that have been found
to be necessary to protect the public interest and ensure compliance with the provisions
of the Zoning and Development Ordinance, including:
The dynamic LED signs may occupy no more than fifty percent (50%} of the
actual copy and graphic area. The remainder of the sign must not have the
Page 3
101
City of Columbia Heights Planning Commission March 3, 2009
Sonic Restaurant -LED Signage Case # 2009-0302
capability to have dynamic LED signs, even if not used. Only one, contiguous
dynamic display area is allowed on a sign face.
2. The dynamic LED sign may not change or move more often than once every ten
(10) minutes, except one for which changes are necessary to correct hour-and-
minute, date, or temperature information.
3. A display of time, date or temperature information may change as frequently as
once every ten (10) seconds, however information displayed not relating to the
date, time or temperature must not change or move more often than once every
ten (10) minutes.
4. The images and messages displayed must be static, and the transition from one
state display to another must be instantaneous without any special effects.
Motion, animation and video images are prohibited on dynamic LED sign
displays.
5. The images and messages displayed must be complete in themselves, without
continuation in content to the next image or message or to any other sign.
6. The dynamic LED signs must be designed and equipped to freeze the device in
one position if a malfunction shall occur. The displays must also be equipped
with a means to immediately discontinue the display if it malfunctions, and the
sign owner must immediately stop the dynamic display when notified by the city
that it is not complying with the standards of this ordinance.
7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits
(candelas per square meter) during daylight hours and a maximum illumination of
500 nits (candelas per square meter) between dusk to dawn as measured from
the sign's face at maximum brightness. The dynamic LED signs must have an
automatic dimmer control to produce a distinct illumination change from a higher
illumination level to a lower level for the time period between one-half hour before
sunset and one half-hour after sunrise.
ATTACHMENTS
^ Draft Resolution
^ Location Map
^ Site Plan
^ Elevations
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CITY COUNCIL LETTER
Meeting; of :March 9, 2009
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO; License Department APPROV L
ITEM: License Agenda BY: Shelley Hanson BY: ~~,,~; ,:
~
?CIO: - _.
DATE: March 4, 2009
BACKGROUND/ANALYSIS
Staff has received an application for a new Cigarette/Tobacco License for Hookah Kingdom, Inc. operating at
4919 Central Ave NE. The applicant also operates the Pyramid's Cafe next door to this site. Since the
Minnesota Clean Air Act went into affect, Mr. Hassan has been cited several times for hookah smoking in the
Cafe. To comply with the Clean Air Act, he has decided to open a Smoke Shop whereby the primary operation
will be the sale of various tobacco products, as well as hookah tobacco. Minnesota State Statute 144.4167
Subd. 4 does allow for smoke shops to have a room whereby patrons may sample the tobacco for purchase.
Smoke shops cannot operate in conjunction with any other business, such as a restaurant.
Attached is information on the Freedom to Breathe Act and the applicable State Statute. At the time of renewal,
staff may require the applicant to prove that more than 90 percent of the shop's gross revenue must be from the
sale of tobacco, tobacco products or smoking related accessories, to ensure the applicant meets the criteria
outlined in the definition of a Smoke Shop. .
Staff Recommendation: Since the applicant is making an attempt to comply with Minnesota law, staff is
recommending approval of this license
RECOMMENDED MOTION:
Move to approve the Cigarette/Tobacco License for Hookah Kingdom, Inc. located at 4919 Central Ave NE,
pursuant to applicable standards found in MSA 114.411 to 114.417 and Article III of the City Code.
COUNCIL ACTION:
106
"Indoor..~rea" means all space between a ~1oor
and a ceiling that is bounded by walls,
doorways, or windows, whether open or closed,
covering more than 50 percent of the combined
surface area of the vertical planes [wall space]
constituting the perimeter of the area, whether
temporary or permanent. ~ [standard] window
screen is not considered a wall.
Outdoor smoking
The FTB provisions do not prohibit outdoor
smoking, regardless of distance from building
openings such as doors, windows and
ventilation intakes.
Compliance and enforcement
~s Hart of the IVfinnesota Department of
Health's (~1DH) compliance strategy, emphasis
will be placed on educating the public and
business owners on the new provisions. MDH
has compliance authority over the ibICL~.~ and
may delegate compliance activities to local
units of government. MDH, a local board of
health or any affected person can request a
court order directing a repeat MCI ~ violator
to stop.
2007 Freedom to Breathe in Tobacco Products Shops -page 2
Last updated 8/14/07
In addition to the compliance authority
provided to il4DH and local units of
government, local law enforcement has the
authority to issue petty misdemeanor citations
to proprietors or individuals who knowingly
fail to comply with the ~ICL~1~.
Retaliation prohibited
r1n employer, manager or other person in
charge cannot fire, refuse to hire, penalize,
discriminate or retaliate against an employee,
applicant, or customer who exercises any right
to a smoke-free environment provided under
the MCI ~-~.
Local government ordinances
Local governments retain the authority to adopt
and enforce more stringent measures to protect
individuals from secondhand smoke.
For more information
Contact the lyfinnesota Department of Health to
receive a copy of the MCL-1r1, or to receive
additional educational rr><lterials please visit the
IVIDH website at:
Minnesota Department of Health
P.(). Box 64975
St. Paul, l\1N 55164-0975
651-201-4601
800-798-9050 (toll-free outside the metro area)
651-201-5797 ('T"1'~~
rnci.~~t~ ti X17 c~ } t~hstat e-. ~;~rt.~;:;
108
lviinnesota i~epartment of ~iealth Fact Sheet august 2007
Freeo t teethe
A summary of the Freedom to Breathe Provisions in the Minnesota Clean Indoor Air Act
;tilinnesata Department of Health
P.O. Box 64975
St Paul, MN 55164-0975
651-201-4601
mciaa(~t`he<~ldt.s-t~tte.n.n.us
Background
The Freedom to Breathe (F"I`B) provisions were
signed into law by Governor Tim Pawlenty on May
16, 2007, to protect employees and the public from
the health hazards of secondhand smoke. The FTB
provisions are an expansion of the current
Minnesota Clean Indoor Air Act (MCIAA); the new
provisions become effective on October 1, 2007.
The FTB provisions describe where smoking is
prohibited, outline the responsibilities of employers
and facility managers and list exemptions within the
new MCIAA provisions that affect their workplaces
and facilities.
Public Health Issue
Secondhand smoke is a leading cause of
preventable death in the United States. "In 2005, it
was estimated that exposure to secondhand smoke
kills more than 3,000 adult nonsmokers from lung
cancer, approximately 46,000 from coronary heart
disease, and an estimated 430 newborns from
sudden infant death syndrome."~
According to the U.S. Surgeon General, there is no
safe level of exposure to secondhand smoke.
Secondhand smoke causes premature death and
disease in children and in adults who do not smoke.
Smoking-prohibited areas
On October 1, 2007, smoking will be prohibited in
virtually all indoor public places and indoorplaces
of employment, including:
• Bars, restaurants, and private clubs
• Office and industrial workplaces
• Retail stores
• Common areas of rental apartment
buildings, hotels and motels
• Public transportation, including taxis
• Work vehicles, if more than one person is
present
• Home offices with one or mare on-site
employees, nr ~icerl ac a place t0 mPPt nr
deal with customers
• Public and private educational facilities
• Auditoriums, arenas and meeting moms
• Day care premises
• Health care facilities and clit~~ies
Definition of "Indoor Area"
"Indoor Area"' means all space between a floor and
109
cofnpliance acttvities to local units of government.
In addition to the compliance authority provided to
MDH and local units of government, local law
enforcement has the authority to issue petty
misdemeanor citations to proprietors or individuals
who knowingly fail to comply with the MCIi1t1.
t.ocal government ordinances
Local governments retain the authority to adopt and
enforce more stringent measures to protect
individuals from secondhand smoke.
Other provisions of the act
• Charitable gambling impact study. The
state Gambling Control Board will prepare
a report on the law's possible impact on
charitable gambling. The act requires the
board to submit a report to the Governor
and the Legislature before March 31, 2008.
• Dislocated worker program; allocation of
funds. The Minnesota Jobs Skills
Partnerslup Board will provide services
under the dislocated worker program to
certain employees who become
unemployed between October 1, 2007 and
October 1, 2009, because of the F I"B
provisions of the MCL~1.
For more information
Contact the Minnesota Department of Health to
receive a copy of the MCIr1A, or to receive
additional educational materials please visit the
MDH website at:
Minnesota Department of Health
P.O. BoK 64975
St. Paul, MN 55164-0975
651-201-4601
800-798-9050 (toll-free outside the metro area)
651-201-5797 (~I'1"I')
niciaa(ijhealth.~ta~e.mn.us
111
~ICI1L1 Page 1 of 5
CLEAN INDOOR AIR ACT
144.411 CITATION.
Sections 1-14.-11 ] to 1~-t.-# 1^ may be cited as the ;~Linnesota Clean Indoor <lir l~ct.
History: 1975 c 211 s 1
144.412 PUBLIC POLICY.
The purpose of sections 1 ~1-1.-11 J. to 1-14. 1? is to protect employees and the general public
from the hazards of secondhand smoke by eliminating smoking in public places, places of
employment, public transportation, and at public meetings.
History: 1975 c 211 s 2; 1987 c 399 s 1; 2007 c 82 s 2
144.4]3 DEFINITIONS.
Subdivision 1. Scope. ~s used in sections 1-#-4.111 to 14~.-116, the terms defined in this
section have the meanings given them.
Subd. 1a. Indoor area. "Indoor area" means all space between a floor and a ceiling that is
bounded by walls, doorways, or windows, whether open or closed, covering more than 50
percent of the combined surface area of the vertical planes constituting the perimeter of the area.
r1 wall includes any retractable divider, garage door, or other physical barrier, whether temporary
or permanent. ~ 0.011 gauge window screen with an 18 by 16 mesh count is not a wall.
Subd. lb. Place of employment. "Place of employment" means any indoor area at which
two or more individuals perform any type of a service for consideration of payment under any
type of contractual relationship, including, but not limited to, an employment relationship with or
for a private corporation, partnership, individual, or government agency. Place of employment
includes any indoor area where two or more individuals gratuitously perform services for which
individuals are ordinarily paid. ~ place of employment includes, but is not limited to, public
c v rc___ c r..: _.,
Cot'ivcyanccS, iactirricS, warcuouSCS, oui~ea, rctafl SiorcS, restaurants, rears, banquet Lacuiuca,
theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums,
gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments,
employee medical facilities, and rooms or areas containing photocopying equipment or other
office equipment used in common. Vehicles used in whole or in part for work purposes are
places of employment during hours of operation if more than one person is present. r1n area in
which work is performed in a private residence is a place of employment during hours of
operation if:
(1) the homeowner uses the area exclusively and regularly as a principal place of business
and has one or more on-site employees; or
(2) the homeowner uses the area exclusively and regularly as a place to meet or deal with
patients, clients, or customers in the normal course of the homeowner's trade or business.
Subd. ?. Public place. "Public place" means any enclosed, indoor area used by the general
public, inchding, but not limited to, restaurants; bars; any other food or liquor establishment;
retail stores and other commercial establishments; educational facilities other than public
schools, as defined in section 12{!:1.{t5, sul~clivisicros <,7, 11, sultdivision 13; hospitals; nursing
homes; auditoriums; arenas; meeting rooms; and common areas of rental apartment buildings.
MCI ~.-1 Page ? of 5
Subd. 3. Public meeting. "Public meeting" includes all meetings open to the public pursuant
to section 131->.til.
Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke from any lighted cigar,
cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes cariying a
lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for
inhalation.
Subd. 5. Public transportation. "Public transportation" means public means of
transportation, including light and commuter rail transit; buses; enclosed bus and transit stops;
taxis, vans, limousines, and other for-hire vehicles other than those being operated by the lessee;
and ticketing, boarding, and waiting areas in public transportation terminals.
History: 197 S c 211 s 3; 1992 c 57 6 3. 1; 1994 c 520 s 1; 1998 c 397 nrt > 1 s 3; 1999 c 245
arL 2 s 24; 2007 c 82 S 3-7
144.414 PROHI$iTIONS.
Subdivision 1. Public places, places of employment, public transportation, and public
meetings. Smoking shall not be permitted in and no person shall smoke in a public place, at a
public meeting, in a place of employment, or in public transportation, except as provided in this
section or section 1-1rt.416-.
Subd. 2. Day care premises. Smoking is proh.ihited in a day care center licensed under
Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a group family day
care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its
112
hours of operation. The proprietor of a family home or group family day care pro-vidcr n-iust
disclose to parents or guardians of children cared for on the premises if the proprietor permits
smoking outside of its hours of operation. Disclosure must include posting on the premises a
conspicuous written notice and orally informing parents or guardians.
Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of a
hospital, health care clinic, doctor's office, licensed residential facility for children, or other
health care-related facility, except that a patient or resident in a nursing home, boarding care
facility, or licensed residential facility for adults may smoke in a designated separate, enclosed
room maintained in accordance with applicable state and federal laws.
(b) Except as provided in section ~-1(i.ill-tl, smoking by patients in a locked psychiatric unit
may be allowed in a separated well-ventilated area in the unit under a polity established by the
administrator of the program that allows the treating physician to approve smoking if, in the
opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with
treatment outweigh the negative impacts of smoking.
Subd. 4. Public transportation vehicles. Smoking is prohibited in public transportation
vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is
being used for personal use. For purposes of this subdivision, "personal use" means that the
public transportation vehicle is being used by the driver for private purposes and no for-hire
passengers are present. If a driver smokes under this subdivision, the driver must post a
conspicuous sign inside the vehicle to inform passengers.
History: 197 5 c 2.11 s 4; 1977 c 305 s 45; 198=1 c 65.1 art 2 s 113; 1987 c 399 s 2; 1992 c 576
s 2; 1993 c 14 f 1; 1995 c 165 s 2; 1999 c _'45 art 2 s 25; 1Sp2003 c 14 art 7 s 41; 2007 c 82 s 8
Zv1CIr1r1 Page 3 of 5
144.415 [Repealed, ?007 c 82 s 15]
144.416 P.ESPOI`:SiBILITIES OP PROPP.IETORS.
(a) The proprietor or other person, firm, limited liability company, corporation, or other
entity that owns, leases, manages, operates, or otherwise controls the use of a public place, public
transportation, place of employment, or public meeting shall make reasonable efforts to prevent
smoking in the public place, public transportation, place of employment, or public meeting by:
(1) posting appropriate signs or by any other means which may be appropriate; and
(?) asking any person who smokes in an area where smoking is prohibited to refrain from
smoking and, if the person does not refrain from smoking after being asked to do so, asking
the person to leave. If the person refuses to leave, the proprietor, person, or entity in charge
shall handle the situation consistent with lawful methods for handling other persons acting in a
disorderly manner or as a trespasser.
(b) The proprietor or other person or entity in charge of a public place, public meeting,
public transportation, or place of employment must not provide smoking equipment, including
ashtrays or matches, in areas where smoking is prohibited. I~TOthing in this section prohibits the
proprietor or other person or entity in charge from taking more stringent measures than those
under sections i4-1.-i 14 to 1-i4.-11~ to protect individuals from secondhand smoke. The proprietor
or other person or entity in charge of a restaurant or bar may not serve an individual who is
in violation of sections 1 1-F.~11. to ~i4-i.-1"1~.
History: >9°S c 211 s 6; 2007 c 82 3~ 9
144.4165 TOBACCO PRODUCTS PROHIBITED IIV PUBLIC SCHOOLS.
No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco product
in a public school, as defined in section 1~'4}.~..i)7, su}zelivisions 9, 17, subcli~isiuv 17. This
prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a
school district owns, leases, rents, contracts for, or controls. Nothing in this section shall prohibit
the lighting of tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony.
For purposes of this section, an Indian is a person who is a member of an Indian tribe as defined
in section 2f;i).~» sul~div~:;iun l2.
History: 199_' c 57 6 r 3; 1993 e 224 art 9 s 42; 1996 c 412 art 13 s 30; 1998 c 397 apt 11 s
3; 1999 c 139 ail 4 s 2; 1999 c 245 ail 2 ~- 26
144.4167 PERMITTED SMOKING.
Subdivision 1. Scientific study participants. Smoking by participants in peer reviewed
scientific studies related to the health effects of smoking may be allowed in a separated room
ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by
the commissioner and is established by the administrator of the program to minimize exposure
of nonsmokers to smoke.
Subd. 2. Traditional Native American ceremonies. Sections i -1-?.41-i to i 4-4.-1 i ~ do nit
prohibit smoking by a Native American as part of a traditional Native ~-~merican spiritual or
cultural ceremony. For purposes of this section, a Native ,-lmerican is a person who is a member
113
prohibits a statutory or home rule cl-iarter ciiy or county from enacting and enforcuig snore
stringent measures to protect individuals from secondhand smoke.
(b) Except as provided uY sections I-I4.4I 2 to 1-I-L41?, smoking is permitted outside
of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in
accordance with paragraph (a).
History: 1975 c ?. l l s 7; 1977 c 305 s 45; 1985 c 2=18 s 70; 1986 c -1-1=1; 1987 c 309 s 24;
1992 c 576 s 4,5; 1995 c 165 s 3; 2002 c 373 art 3 s 7; 2007 c 82 s 11
115
This page left blank intentionally.
CITY COUNCIL LETTER
Meeting of: March 9, 2009
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: "License Agenda $Y: Shelley Hanson DATE:
,~° f e;~ .----
NO: DATE: March 3, 2009 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the March 9, 2009 Council meeting. This agenda consists
of applications for Contractor licenses for 2009 and a Temporary Liquor License for Immaculate
Conception Church for an event to be held. March 29"'
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECO ED 1VIOTION:
Move to approve the items as listed on the business license agenda for March 9, 2009 as presented.
COUNCIL ACTION:
117
TO CITY COUNCIL March 9, 2009
*Signed Waiver Farm Accompanied Application
CONTRACTOR'S LICENSES 2009
BLDG *Ductworks Htg & AC
*Pipe Dream Plumb
*NRG Plumbing LLC
Two Rivers Plumbing
*Priority Plumbing
Precision Pl ~ Ntg
Trenk Mechanical
6108 Olson Memorial Hwy
3026 Garfield St NE, Mpls
924 Sunrise Ln, Belle Plaine
1.4355 252"d Ave, Zimmerman
14270 201st Ave NW, Elk River
4124 MacKPnZiP Sty St lylirhael
1 1086 Chaparral Ave, Jackson Twn
$60.00
$60.00
$60.00
$60.00
$60.00
$0.00
$60.00
*Install this Sign
*Signminds Inc
M. Reinert Drywall Inc
MN Elevator Inc
The F.A. Bartlett Tree Exp
4835 Lyndale Ave N, Mpls
1400 Quincy St, Mpls
1011 No Shore Dr, Waverly
19336 60t" Ave, Mankato
PO Box 3067, Stamford, CT
TEMPORARY LIOUOR LICENSE
Immaculate Conception Church 4030 Jackson St, Col. Hts
$60.00
$60.00
$60.00
$60.00
$60.00
$100
118
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: March 9 2009
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number 129378 through 129533
in the amount of $ 714 610.87
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
119
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: March 9 2009
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number 129378 through 129533
in the amount of $ 714 610.87
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
120
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
03/05/2009 13:03:49 Check History GL050S-V06.74 COVERPAGE
GL540R
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Report Selection:
Optional Report Title.......03/09/2009 COUNCIL LISTING
INCLUSIONS:
Fund & Account ..............
Check Date ..................
Source Codes ................
Journal Entry Dates.........
Journal Entry Ids...........
Check Number ...:............
Project .....................
Vendor ......................
Invoice .....................
Purchase Order ..............
Bank .........................
Voucher ............
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Released Date........,.......
Cleared Date ................
Include Exp/Rev Closing Entries
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Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP
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ACS FINANCIAL SYSTEM
03/05/2009 13
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHT.~~
Check History GL540R-V06.74 PAGE 1.
03/09/2009 COUNCIL LISTING
CHECK NUMBER AMOUNT
WELLS FARGO BANK 129378 0.00
BERGGREN STEEL FABRICATI 129379 19,950.00
BRAUN INTERTEC CORP 129380 4,053.73
BROTHERS FIRE .PROTECTION 129381 2,090.00
BUETOW AND ASSOCIATES IN 129382 5,651.08
CROSSTOWN MASONRY INC 129383 81,548.00
DIVERSIFIED CONTRACTING 129384 14,430.91
EDS BUILDERS INC 129385 25,627.46
GOPHER ELECTRIC CONTRACT 129386 31,255.00
HILLTOP TRAILER SALES 1'N 129387 298,20
MASTER MECHANICAL INC 129388 2,850.00
MD MECHANICAL INC 129389 61,422.25
MINERAL SERVICE PLUS LLC 129390 435.00
TWIN CITY ACOUSTICS INC 129391 641.25
XCEL ENERGY (N S P) 129392 402.92
ANOKA COUNTY PROPERTY RE 129393 20,203.25
CAPITOL BEVERAGE SALES L 129394 4,170.01
CHISAGO LAKES DISTRIBUTI 129395 2,234.25
CITY OF COLUMBIA HEIGHTS 129396 135,343.72
DANIMAL DISTRIBUTING INC 129397 809.52
GENUINE PARTS/NAPA AUTO 129398 30.73
GLASS MASTERS, INC 129399 1,350.00
HANSON/SHELLY 129400 47.80
HOHENSTEINS INC 129401 545.50
JJ TAYLOR DIST OF MN 129402 8,189.85
JOHNSON BROS. LIQUOR CO. 129403 25,667.62
LITURGICAL PUBLICATIONS 129404 1,000.00
MARK VII DIST. 129405 4,143.56
MENARDS CASHWAY LUMBER-F 129406 g2,g6
METRO SALES INC 129407 560.19
NELSON BUILDING & 129408 277,gg
PEPPLE/STEVE 129409 432.69
QUALITY WINE & SPIRITS 129410 19,220.78
S & T OFFICE PRODUCTS IN 129411 23.07
SCHMIDTBAUER/SUE 129412 28,72
SHAMROCK GROUP-ACE ICE 129413 41.75
SONIC HOLDINGS,LLC 129414 479.73
SPEEDY SIGNS & GRAPHICS 129415 279.91
STREICHER'S GUN'S INC/DO 129416 25.55
THE RECYCLING ASSOCIATN 129417 25.00
USA MOBILITY WIRELESS IN 129418 147.68
XCEL ENERGY (N S P) 129419 9,090.57
AMERICANT BOTTLING COMPAN 129420 207.25
ANOKA CTY - CENTRAL COMM 129421 565.82
ASPEN MILLS, INC. 129422 387.16
BELLBOY CORPORATION 129423 12,739.05
CAPITOL BEVERAGE SALES L 129424 23,000.61
122
ACS FINANCIAL SYSTEM
03/05/2009 13
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 2
03/09/2009 COUNCIL LISTING
CHECK NUMBER AMOUNT
CARLSON REALTY GROUP 129425 15.87
CHAMBERLAIN OIL COMPANY 129426 2,396.87
CHISAGO LAKES DISTRIBUTI 129427 4,342.11
DANIMAL DISTRIBUTING INC 129428 757.80
DEX MEDIA EAST LLC 129429 668.71
EXTREME BEVERAGE 129430 1,074.00
FARMER-BOCKEN 129431 5,775.28
GENUINE PARTS/NAPA AUTO 129432 67.52
GRIGGS-COOPER & CO 129433 1,639.09
HOHENSTEINS INC 129434 3,880.45
JACK RABBIT PROP.LLC 129435 gg,p9
JJ TAYLOR DIST OF MN 129436 23,942.55
JOHNSON BROS. LIQUOR CO. 129437 38,903.82
JOHNSON/JEFF 129438 24.18
MARK VII DIST. 129439 9,617.88
MARSHALL CONCRETE PRODUC 129440 3,559.56
MEDICINE LAKE TOURS 129441 1,710.00
NORDLUND/JOHN 129442 128.95
PHILLIPS WINE & SPIRITS 129443 4,346.84
PITNEY BOWES LOUISVILLE 129444 750.48
POSTAGE BY PHONE RESERVE 129445 6,000.00
QUALITY WINE & SPIRITS 129446 9,472.76
QWEST BUSINESS SERVICES 129447 561.70
QWEST COMMUNICATIONS 129448 828,06
SI-3AMROCK GROUP-ACE ICE 129449 285.60
STREICHER'S GUN'S INC/DO 129450 159.99
SUBURBAN SOFTBALL LEAGUE 129451 1,305.00
SURLY BREWING CO INC 129452 656.00
TEMP AIR INC 129453 1,544.25
VERIZON WIRELESS 129454 37.17
XCEL ENERGY (N S P) 129455 795.45
ABLE HOSE & RUBBER INC 129456 141.05
ACE HARDWARE 129457 32.75
AMERICAN PUMP COMPANY 129458 1,988.83
AMERIPRIDE LINEN INC 129459 197.24
ANDERSOD7/DEREK 129460 1,400.00
ANOKA COUNTY 129461 223.30
ANOKA COUNTY HIGHWAY DEP 129462 150.00
BAKER & TAYLOR 129463 3,692.24
BARNA GUZY & STEFFEN LTD 129464 45.00
BATTERIES PLUS 129465 74.53
BIFF'S,INC. 129466 534.67
BROOK WHITE CO. 129467 696.08
BUILDING FASTENERS 129468 26.10
CAMDEN FET HOSPITAL, INC 129469 976.00
CARGILL INC 129470 13,784.09
CATCO PARTS SERVICE 129471 3,677.04
123
ACS FINANCIAL SYSTEM
03/05/2009 13
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS'
Chec}c History GL540R-V06.74 PAGE 3
03/09/2009 COUNCIL LISTING
CHECK NUMBER AMOUNT
CCH INCORPORATED 128472 22 73
CENTER POINT ENERGY 129473 2,87
CINTAS FIRST AID-SAFETY 129474 82,72
COLUMBIA HEIGHTS RENTAL 129475 37.22
CYS UNIFORMS 129476 45.76
DCI INDUSTRIES LTD 129477 259.15
DEMCO, INC. 129478 57.86
FACTORY MOTOR PARTS INC 129479 160.29
FIRE INSTRUCTION & RESCU 129480 700.00
FIRST NATIONAL INSURANCE 129481 1,000.00
FUEL MASTER, INC 129482 1,020.83
G & K SERVICES INC 129483 437.20
GARELICK STEEL CO 129484 715.68
GENERAL SAFETY EQUIPMENT 129485 173.38
GENUINE PARTS/NAPA AUTO 129486 278.25
GERTENS GREENHOUSE 129487 200.97
GOODIN CO• 129488 99.31
GRAFIX SHOPPE, INC 129489 112.25
HERRINGER/GERRY 129490 35.00
HOME DEPOT ##2802 129491 1.06
INSTRUMENTAL RESEARCH IN 129492 170.00
INTEGRA TELECOM INC 129493 166.53
IPC PRINTING 129494 280,22
J H CARSON ELECTRIC COMP 129495 118.85
KENNEDY & GRAVEN 129496 1,706.00
LEAGUE OF MN CITIES INS 129497 500.00
LITTLE FALLS MACHINE INC 129498 1,116.42
LOW VOLTAGE CONTRACTORS 129499 383.40
MADDEN & ASSOCIATES/FRAN 129500 350.55
MENARDS CASHWAY LUMBER-F 129501 179.16
METRO EMERGENCY MANAGER' 129502 30.00
MIDWAY FORD 129503 530.88
MIDWEST TAPE 129504 447.70
MINNEAPOLIS OXYGEN CO. 129505 482.87
MINNESOTA DEPARTMENT OF 129506 10,134.00
MINNESOTA PETROLEUM SERV 129507 89.09
MINNESOTA SOCIETY OF CPA 129508 195.00
NORTHERrT WATER WORKS SUP 129509 303.51
NYSTROM PUBLISHING COMPA 129510 7,141.84
OFFICE DEPOT 129511 130.38
ONE-CALL CONCEPT-GOPHER 129512 184.90
ORKIN INC 129513 68.60
PERSONNEL DECISIONS INTL 129514 1,190.00
QUICKSILVER EXPRESS COUR 129515 14.73
QWEST COMMUNICATIONS 129516 80.67
RYDBERG/SCOTT 129517 47.50
S & T OFFICE PRODUCTS IN 129518 878.89
124
ACS FINANCIAL SYSTEM
03/05/2009 13
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 4
03/09/2009 COUNCIL LISTING
SEVETT/COREY
STAPLES BUSINESS ADVANTA
SUN PUBLICATION INC
SZUREK/MARLAINE
T-MOBILE INC
TERMINAL SUPPLY CO, INC
THOMSON GALE
TOXALERT, INC.
U.S. BANK
VERIZON WIRELESS
VOSS L7:GHTING
WATER CONSERVATION SRVCS
WHOLESALE TRUCK-TRLR PR
WORKS COMPUTING INC
ZEP MAriUFACTURING COMPAN
CHECK NUMBER AMOUNT
129519 1,250.00
129520 170.35
129521 116.33
129522 35.00
129523 50.03
129524 14.21
129525 26.22
129526 85.00
129527 3,006.25
129528 31.24
129529 230.20
129530 220.30
129531 48.63
129532 1,775.00
129533 195.06
714,610.87 ***
125
ACS FINANCIAL SYSTEM
03f05/2009 13
BANK VENDOR
REPORT TOTALSe
CITY OF COLUMBIA HEIGHTS
Chec}c History GL540R-V06.74 PAGE c.
03/09/2009 COUNCIL LISTING
CHECK NUMBER AMOUNT
714,610.87
RECORDS PRINTED - 000902
126
ACS FINANCIAL SYSTEM
03/0 5/2009 13:03:50 Check History
FUND RECAP:
FUND
---- DESCRIPTION
-----------°-----°---------- DISBURSEMENTS
101 GENERAL 46,923.08
201 COMMUNITY DEVELOPMENT FUND 1,694.39
212 STATE AID MAINTENANCE 839.48
240 LIBRARY 5,421.13
261 AFTER-SCHOOL PROGRAMS 1,400.00
315 SULL-SHORES:TX. GO BONDS2008A 425.00
340 GO IMPROV/REV BONDS 2006A 231.25
341 GO STREET REHAB BONDS 2007A 431.25
343 GO PUB SAFETY CTR BOND 2008B 425.00
371 TIF T4: 4747 CENTRAL AVE 360.00
376 TAX INCREMENT BONDS 14,853.86
387 G.O. IMPROVEMENT BOND 1999A 431.25
388 G O IMPROVE/REV BONDS 2003A 231.25
410 SHEFFIELD REDEVLPMNT NON-TIF 1,449.87
415 CAPITAL IMPRVMT - PIR PROD 3,643.00
417 PUP. SAFETY BLDG CONSTRUCTION 252,200.05
420 CAP IMPROVEMENT-DEVELOPMENT 395.00
434 CAP EQUIP REPLACE - GARAGE 4,683.66
601 WATER UTILITY 13,167.96
602 SEWER UTILITY 719.65
603 REFUSE FUND 25.00
604 STORM SEWER UTILITY gg,86
609 LIQUOR 212,688.35
631 WATER FUND DEBT SERVICE 375.00
632 SEWER FUND DEBT SERVICE 81.25
634 STORM SEWER DEBT SERVICE 375.00
701 CENTRAL GARAGE 10,774.76
720 INFORMATION SYSTEMS 2,310.08
883 CONTRIBUTED PROJECTS-OTHER
884 INSURANCE 2,850.00
885 PAYROLL FUND 135,116.44
TOTAL ALL FUNDS 714,610.87
BANK RECAP:
BANK NAME DISBURSEMENTS
BANK CHECKING ACCOUNT 714,610.87
TOTAL ALL BANKS 714,610.87
CITY OF COLUMBIA HEIGHTS
GL060S-V06.74 RECAPPAGE
GL540R
127
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: March 9, 2009
AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S
Resolutions Community Development APPROVAL
NO:
~_
ITEM: 1st Reading of Ordinance 1561, being a BY: Jeff Sargent, City Planner ,
BY: ,~~ ~,, ,
Zoning Amendment as it Relates to Signs in the DATE: March 4, 2009 ..-
Design Overlay District.
BACKGROUNI3:
Currently any type of new development along Central Avenue and 40`" Avenue needs to receive approval from
the Planning Commission via the Site Plan Approval process. This includes existing businesses that want to
add more signage or increase the size of their current sign.
Staff has received several concerns from new businesses that want to erect signs, but have to wait for up to two
months in order to gain site plan approval from the Planning Commission. In order to accommodate new
businesses in the City, Staff recommends amending the Zoning Code to allow the issuance of new sign. permits
for existing tenant spaces without needing a site plan approval to do so. Staff feels that this would appease
new businesses who want to place signs on their business as soon as possible, without having to wait for up to
two months. It should be noted that signs that are a part of a new development in the Design Guidelines
District would still require site plan approval.
REC011~~NDATION:
The Planning and Zoning Commission held a Public Hearing for the request on March 3, 2009. They voted
unanimously to recommend City Council approval of the zoning amendment relating to real estate signs, with a
4-0 vote.
RECOMIV~NDED MOTION:
Move to waive the reading of Ordinance No. 1561, being ample copies available to the public.
Move to set the second reading of Ordinance No. 1561, for Monday, March 23, 2009, at approximately 7:00 p.m.
in the City Council Chambers.
Attachments: Draft Ordinance 1561 (1" Readin Format , P+Z Re ort
COT_TNCIL. ACTION
128
CITY OF COLUMBIA HEIGHTS
CASE NUMBER: 2009-0303
DATE: March 3, 2009
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights
LOCATION: City Wide
Pt~4NNING REPORT
REQUEST: Zoning Amendment for Signage in Design Guidelines District
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
The Design Guidelines were adopted by the City Council after one year of preparation by a
citizens group that included residents, as well as Central Avenue business owners. The
guidelines were established to increase the visual appeal and pedestrian orientation of
certain major street corridors within the city, thereby increasing the economic vitality of
these corridors, and supporting the goals of the Comprehensive Plan. The guidelines
represent the minimum standards for design quality and have been implemented by
Discount Tire, Advanced Auto Parts, and Grand Central Lofts, all on Central Avenue.
Ryland Homes, Inc. and Schafer Richardson have also used the guidelines in the
redevelopment of the Industrial Park.
The intent of the Design Guidelines is to give the Planning Commission and City Council
greater discretion on the design of new construction in the City of Columbia Heights.
Currently any type of new development along Central Avenue and 40t" Avenue need to
receive approval from the Planning Commission via the Site Plan Approval process. This
includes existing businesses that want to add more Signage or increase the size of their
current sign.
Staff has received several concerns from new businesses that want to erect signs, but have
to wait for up to two months in order to gain site plan approval from the Planning
Commission. In order to accommodate new businesses in the City, Staff recommends
amending the Zoning Code to allow the issuance of new sign permits for exlsting tenant
spaces without needing a site plan approval to do so. Staff feels that this would appease
new businesses who want to place signs on their business as soon as possible, without
having to wait for up to two months. It should be noted that signs that are a part of a new
development in the Design Guidelines District would still require site plan approval.
City of Columbia Heights Planning Commission March 3, 2009
City of Columbia Heights, Design Guideline Signage Case # 2009-0303
COMPREHENSIVE Ptr4N
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. The proposed Zoning Amendment would allow for new
businesses to erect their signage as soon as they could, rather than waiting for a site plan
approval. This would aid to the promotion of reinvestment into the commercial sectors of
the City.
ZONING ORDINANCE
Section 9.113 (D)(4)(a) of the Zoning Code states that the Design Guidelines shall apply to
all nonresidential, mixed-use and/or multi-family buildings, and to the following activities:
1. New construction;
2. Any exterior changes, including repainting, with the exception of replacement or
repair of existing materials;
'~ Anu internal rgmnwlglinn nr evnancinn act:vlt~~ that inrraace~ thn~, n~ierall SlZe ~f
the building by 10% or more;
4. Any development or expansion of parking areas that would result in a lot with
more than four parking spaces; and
5. Minor alterations such as repainting may be handled administratively, as
determined by the City Planner.
Staff recommends including language that would allow for the installation of new signage
on existing buildings to be handled administratively, as determined by the City Planner.
FINDINGS OF FACT
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make
each of the following four findings before approving a zoning amendment:
The amendment is consistent with the Comprehensive Plan.
One of the goals of the Comprehensive 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. The proposed Zoning
Amendment would allow for new businesses to erect their signage as soon as they
could, rather than waiting for a site plan approval. This would aid to the promotion of
reinvestment into the commercial sectors of 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 wauld affect all busr`ness owners throughout the city fhat
are subject to the ®esign Guidelines.
Page 2
130
City of Columbia Heights Planning Commission March 3, 2009
City of Columbia Heights, Design Guideline Signage Case # 2009-0303
3. Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of property
within the general area of the property in question are compatible with the
proposed zoning classification.
The amendment would not change the zoning classification of a particular property.
4. Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since such
property was placed in the current zoning classification.
The amendment would not change the zoning classification of a particular property.
RECOMMENDATION
Staff recommends including language in the Design Guidelines that would allow for the
installation of new signage on existing buildings to be handled administratively, as
determined by the City Planner.
Motion: That the Planning Commission recommends that the City Council approve the
proposed zoning amendment, allowing for businesses subject to the Design Guidelines to
place signage on existing buildings without the requirement of a site plan approval.
Attachments
• Draft zoning ordinance
Page 3
131
DRAFT ORDINANCE NO.1561
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005 RELATING TO SIGNAGE IN THE DESIGN OVERLAY DISTRICT WITHIN
THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.113 (D}(4)(a) of the Columbia Heights City Code, is
proposed to include the following additions and deletions:
§ 9.113 OVERLAY DISTRICTS.
(D) Design Overlay District.
(4) Applicability of design guidelines.
(a) Design guidelines shall apply to all nonresidential, mixed use
and/or multi-family buildings, and to the following activities:
1. New construction;
2. Any exterior changes, including repainting, with the exception
of replacement or repair of existing materials;
3. Any internal remodeling or expansion activity that increases
the overall size of the building by 10% or more; and
4. Any development or expansion of parking areas that would
result in a lot with more than four parking spaces;
5. Minor alterations such as repainting, and the installation
of nevi signage on existing buildings may be handled administratively, as determined by
the City Planner.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: March 9, 2009
Second Reading: March 23, 2009
Date of Passage:
132
Offered by:
Seconded by:
Roll Call:
Attest:
Patricia Muscovitz, CMC
City Clerk/Council Secretary
Mayor Gary L. Peterson
133